Section one: Contracting authority
one.1) Name and addresses
Department of Health and Social Care
39 Victoria Street
London
SW1H 0EU
Contact
Linda Peacock
Country
United Kingdom
Region code
UKI32 - Westminster
Internet address(es)
Main address
https://www.gov.uk/government/organisations/department-of-health-and-social-care
Buyer's address
https://www.gov.uk/government/organisations/department-of-health-and-social-care
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Enteral Nutrition - Covid Supply Resilience
Reference number
120493
two.1.2) Main CPV code
- 33692300 - Enteral feeds
two.1.3) Type of contract
Supplies
two.1.4) Short description
Supply of enteral nutrition feeds and consumables required to support patient life in intensive and critical care including provision of stock management, storage and rotation services to ensure supplier has sufficient supplies in stock for NHS customers to buy through pre-existing framework agreements.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £2,141,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
The Department of Health and Social Care (DHSC) has (on behalf of NHS bodies in England, Wales, Scotland and Northern Ireland) awarded this contract for the supply of enteral nutrition feeds and consumables required to support patient life in intensive and critical care. The contract includes provision of stock management, storage and rotation services to safeguard supply of these essential life-saving products by ensuring the supplier has sufficient supplies in stock for NHS customers to buy through pre-existing framework agreements.
Under the contract, the supplier will supply and provide stock management services in relation to the following products:
• enteral water:
• high protein enteral tube feed; and
• enteral pumps compatible with the above products.
The maximum value of this contract is estimated to be £ 2,141,000 (excluding VAT). The estimated value is based on clinically identified volumes and validated assumptions.
The contract award notice is being published retrospectively, having been inadvertently not published previously due to an IT systems error. DHSC is publishing the notice now to correct that error.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 70%
Price - Weighting: 30%
two.2.11) Information about options
Options: Yes
Description of options
The contract was for an initial 1 year period from 1 July 2022 to 30 June 2023 with options to extend (exercisable under the terms of the contract) on one or more occasions depending on business needs provided the contract ends no later than 30 June 2025. The contract has now been varied to extend the initial expiry date to 30 June 2024, and also correct a typographical error to confirm the options to extend are excercisable provided the contract ends no later than 30 June 2025.
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
Specialised high protein enteral feeds and dedicated consumables (giving sets) are required to support patient life in intensive and critical care. Four suppliers supply 99% of the UK market. The enteral feeds and giving sets used with the pump fleets currently employed by NHS Trusts are bespoke to the supplier. Each supplier’s enteral feeds are proprietary and only compatible with the same supplier’s pump. In addition, the enteral feeds have short shelf lives (6-9 months), and it is vital suppliers manage and rotate stock effectively to ensure sufficient enteral feeds are available for NHS customers to buy through pre-existing framework agreements.
As such, DHSC (on behalf of NHS bodies in England, Wales, Scotland and Northern Ireland) has directly awarded four contracts – including the one referenced in this CAN – to each major enteral feed supplier to the UK market. The contracts are for the supply of enteral feeds and include the provision of stock management, storage and rotation services.
DHSC believes the direct awards are justified under the grounds set out in Regulation 32(b)(ii) and Regulation 32(5) of the Public Contracts Regulations 2015 as explained below.
Reg 32(2)(b)(ii) – absence of competition for technical reasons
A. The works, supplies or services can be supplied only by a particular economic operator as competition is absent for technical reasons: The pump fleets already procured by NHS trusts are standardised to a specific supplier’s system, and therefore only compatible with proprietary enteral feeds and giving sets. As such, only the supplier can supply the required enteral feeds.
B. No reasonable alternative or substitute exists: As the enteral feeds are proprietary and only compatible with the pump fleets already procured by NHS trusts, there are no reasonable alternative products available.
C. The absence of competition is not the result of an artificial narrowing down of the parameters of the procurement: DHSC has not artificially narrowed the parameters of the procurement as the proprietary enteral feeds being procured are required to operate with pump fleets already procured by NHS Trusts.
Reg 32(5)/(6) – additional deliveries
A. Additional deliveries by the original supplier where a change in supplier would result in incompatibility in operation and maintenance: The ‘additional deliveries’ are being made by the same supplier. In addition, as the pump fleets already procured by NHS trusts are only compatible with proprietary enteral feeds and giving sets, any change in supplier would result in incompatibility.
B. The contract should not (save in exceptional circumstances) exceed 3 years: The contract does not exceed 3 years.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
20 December 2022
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
abbott
Abbott House Vanwall Business Park, Vanwall Road, Maidenhead, Berkshire, SL6 4XE
Maidenhead
SL6 4XE
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
00329102
Internet address
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £2,141,000
Total value of the contract/lot: £1,214,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court
The Strand
London
WC2A 2LL
Country
United Kingdom
Internet address
https://www.judiciary.uk/courts-and-tribunals/high-court/
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Part 3 of the Public Contracts Regulations 2015 (the Regulations) provides for aggrieved parties who have been harmed or are at risk of harm by a breach of the Regulations to take legal action. Any such action must be started in the High Court within the applicable limitation period set out in Part 3.
six.4.4) Service from which information about the review procedure may be obtained
High Court
39 Victoria Street
London
SW1H 0EU
Country
United Kingdom
Internet address
https://www.gov.uk/government/organisations/department-of-health-and-social-care