Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2019-06-17
Buyer: NHS Supply Chain Operated by Health Solutions Team Limited acting as agent of Supply Chain Coordination Ltd (SCCL)
Country: UK
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 33000000 | 33141220 | 33168000
Estimated value: 60000000 GBP
Award criteria: The most economic tender

Technical requirements: Lääketieteelliset laitteet, farmaseuttiset valmisteet ja henkilökohtaiseen hygieniaan liittyvät tuotteet
This procurement concerns the establishment of Framework Agreements in respect of the goods currently supplied under the Endoscopy Consumables Framework Agreement (Reference CLI00319) (the Framework Agreement). NHS Supply Chain anticipates that the supply of the goods within scope of the Framework Agreements under the new procurement is required until the 15.6.2021. All applicable legislation must be followed and certification obtained (including CE Certification) in order for the goods to be suitable for their original manufactured purpose for the required shelf life.
This Framework Agreement is for the provision of endoscopy consumables used in bronchoscopy, gastroscopy, colonoscopy and ERCP.
Products and services within this Framework Agreement include, but may not be limited to: capsule endoscopy; balloons; bite blocks; brushes; forceps; cannula; diathermy loops/snares; drains; feed tubes; guide wires; ligators; haemostasis probes/clips; needles; pegs, buttons and accessories; scope accessories; sphincterotome; stents; salts; specimen devices; cleaning disinfections and detergents; endoscopy storage; consignment stock services; managed services; and managed equipment services.
Certain products within this lot are classified as high cost tariff excluded devices under the NHS England High Cost Tariff Excluded Devices (HCTED) programme. Trusts who are commissioned to provide specialised services in England are directed to purchase all their requirements through a national supply system through NHS Supply Chain. Details of the product categories currently within scope of the HCTED programme, can be found using the following link: https://www.england.nhs.uk/commissioning/spec-services/key-docs/medical-devices/
NHS Supply Chain believes that for this procurement the award of a contract without prior publication of a contract notice in OJEU is lawful under Article 32(2)(b)(ii) of Directive 2014/24/EU. The Framework Agreements were novated to NHS Supply Chain as part of the arrangements necessary to implement the restructuring of the NHS procurement model. Due to the exceptional circumstances created by the restructuring of the NHS procurement model, the need to ensure the most effective use of public funds and due also to the critical and essential nature of the applicable products to patient health and well-being, it is essential to ensure that the NHS may continue to procure these products in a timely and cost-effective manner. NHS Supply Chain's intention was to establish the procurement of the applicable goods on basis of the evaluation criteria and on the terms of the Framework Agreements. NHS Supply Chain published a Prior Information Notice (PIN) on 10.5.2019 setting out its requirements and its intention to publish a relevant Contract Notice. However, this PIN did not receive any expressions of interest from further suppliers who supply goods within the scope of the Framework Agreements, beyond the current incumbent suppliers awarded to NHS Supply Chain Framework Agreements. For these reasons, NHS Supply Chain concludes that
(i) no suppliers (other than the ones identified in this notice and those awarded to existing NHS Supply Chain Framework Agreements) have the technical and capacity to supply the applicable goods;
(ii) it is extremely unlikely that any further capable supplier would bid for any contract if a call for competition was then issued via the intended Contract Notice (which would then excessively and unnecessarily delay the award); and
(iii) it is reasonable to conclude that competition for this award is absent for technical reasons. Given the nature and importance of the continued supply of the goods NHS Supply Chain does not believe that there is any reasonable alternative or substitute to the use of this procedure to award the contract to the suppliers currently awarded under the Framework Agreements. NHS Supply Chain believes that it is entitled to enter into the contract with these suppliers under Article 32(2)(b)(ii) of Directive 2014/24/EU and intends to conclude the contract after 10 days from the date of publication of this notice.


Winner: Amity Ltd
Award value: 60000000