The Supply of Needle Exchange Goods and Naloxone

CPV: Toxic substances rehabilitation services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

25 Sept 2023, 14:13 BST

Last source update

21 May 2024, 10:54 BST

Authority reference

TD2067

FTS notice number

2024/S 000-015975

Classification (CPV)

Toxic substances rehabilitation services

Delivery area

East Midlands (UKF)

Official registry OCID

ocds-h6vhtk-04036c Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Negotiated without a prior call for competition

• The works, supplies or services can be provided only by a particular economic operator for the following reason:

o Cost of change is prohibitive for new providers

• Extreme urgency brought about by events unforeseeable for the contracting authority
• New works/services, constituting a repetition of existing works/services

Explanation:

We are awarding the contract without prior publication under paragraphs 2(b)(ii), 2(c) and 9 of Article 32 of Directive2014/24/EU.

The technical reason (2(b)(ii)) is that there will be significant cost and inconvenience to the Authority and economic operators associated with tendering for the following reasons:

• The service requires significant logistics, supplies already in the community at contract handover will need to be replaced and this will occur again at the end of the contract period, causing inconvenience to service users and additional cost for the Council and economic operators. Stock would need to be collected at the end of the current contract and destroyed at cost, new stock delivered up front of contract start
• Cost of retraining pharmacy staff due to changes in stock ordering systems and needle exchange pack changes
• Cost of monitoring claims with changes in packs and ordering system
• Familiarising service users with new packs - potential increase in harm with reduced uptake of the needle and syringe programme
• Pharmacy disruption - pharmacies are going through a significant period of change, this would add to their workload and damage provider, pharmacist, service user and commissioner relationships
• Uncertainty regarding the supply of naloxone by the same provider - economies of scale

Cost of change is therefore prohibitive for new providers.

The urgency(2(c)) has been brought about as a result of:

• Delays in establishing the Provider Selection Regime (PSR) after the establishment of Integrated Care Boards - all stakeholders expected PSR to have been established mid 2022 therefore not expecting a tender
• Procurement do not have capacity to support a procurement process
• Public Health do not have capacity to support full commissioning and procurement process

The Council need to ensure provision is maintained, a gap in service provision would break the law - these are statutory requirements.

In accordance with paragraph 9 of Article 32 of Directive 2014/24/EU the new contract will provide identical services to those being delivered by the economic operator under their current contract, which was procured in accordance with Article 26 of Directive 2014/24/EU.

The service provider forms part of the local integrated care system and thereby being part of the local health economy that needs stability after the recent turmoil of the pandemic, changes to legislation and the economic crisis. Therefore, direct award also prevents further instability in the market.

Publisher note: Negotiated without a prior call for competition • The works, supplies or services can be provided only by a particular economic operator for the following reason: o Cost of change is prohibitive for new providers • Extreme urgency brought about by events unforeseeable for the contracting authority • New works/services, constituting a repetition of existing works/services Explanation: We are awarding the contract without prior publication under paragraphs 2(b)(ii), 2(c) and 9 of Article 32 of Directive2014/24/EU. The technical reason (2(b)(ii)) is that there will be significant cost and inconvenience to the Authority and economic operators associated with tendering for the following reasons: • The service requires significant logistics, supplies already in the community at contract handover will need to be replaced and this will occur again at the end of the contract period, causing inconvenience to service users and additional cost for the Council and economic operators. Stock would need to be collected at the end of the current contract and destroyed at cost, new stock delivered up front of contract start • Cost of retraining pharmacy staff due to changes in stock ordering systems and needle exchange pack changes • Cost of monitoring claims with changes in packs and ordering system • Familiarising service users with new packs - potential increase in harm with reduced uptake of the needle and syringe programme • Pharmacy disruption - pharmacies are going through a significant period of change, this would add to their workload and damage provider, pharmacist, service user and commissioner relationships • Uncertainty regarding the supply of naloxone by the same provider - economies of scale Cost of change is therefore prohibitive for new providers. The urgency(2(c)) has been brought about as a result of: • Delays in establishing the Provider Selection Regime (PSR) after the establishment of Integrated Care Boards - all stakeholders expected PSR to have been established mid 2022 therefore not expecting a tender • Procurement do not have capacity to support a procurement process • Public Health do not have capacity to support full commissioning and procurement process The Council need to ensure provision is maintained, a gap in service provision would break the law - these are statutory requirements. In accordance with paragraph 9 of Article 32 of Directive 2014/24/EU the new contract will provide identical services to those being delivered by the economic operator under their current contract, which was procured in accordance with Article 26 of Directive 2014/24/EU. The service provider forms part of the local integrated care system and thereby being part of the local health economy that needs stability after the recent turmoil of the pandemic, changes to legislation and the economic crisis. Therefore, direct award also prevents further instability in the market. The Council will observe a 10 day standstill period from the publication of this notice.

• Frontier NX LtdAwarded supplierGB-COH: 10403680 Chorley, East Midlands, NP12 2YN

No document links were published on the notice.