Oxygen Delivery Device consumables

The Authority intends to award the contract directly pursuant to Section 41 of the Procurement Act 2023 and Schedule 5, Paragraph 6 (Single Supplier).

The Authority has established that the required consumables can only be supplied by a particular supplier because of technical reasons and there is no reasonable alternative or substitute available.

The consumables are proprietary products designed and manufactured specifically for use with the Authority's installed oxygen delivery machines. The manufacturer is the sole supplier of the consumables and holds the necessary technical specifications, manufacturing rights and supply arrangements required to provide products that are compatible with the equipment.

The use of alternative consumables is not available because:

• The consumables must be fully compatible with the installed oxygen delivery machines.
• Use of non-approved consumables could compromise equipment performance, patient safety and regulatory compliance.
• No equivalent or substitute products are available from other suppliers.
• Replacement of the installed equipment solely to facilitate competition for consumables would be disproportionate and would not represent value for money.

The Authority is therefore satisfied that only one supplier can provide the required consumables and that the direct award grounds are met.

Procurement Act Basis

The Authority intends to award the contract under:

• Procurement Act 2023, Section 41 (Direct Award in Special Cases); and
• Schedule 5, Paragraph 6 (Single Supplier), where the goods can only be supplied by a particular supplier and no reasonable alternative or substitute exists.

Additional Supporting Information

The Authority has considered the availability of alternative suppliers and alternative consumable products and has concluded that no reasonable alternative or substitute exists.

The Authority has documented the technical, operational and patient safety reasons supporting this conclusion and has retained appropriate evidence within the procurement file.

The Authority has also completed appropriate due diligence in relation to supplier eligibility and conflicts of interest in accordance with the Procurement Act 2023 and associated guidance.