Enteral Nutrition - Covid Supply Resilience

CPV: Enteral feeds

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

Goods

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

6 Nov 2023, 13:07 GMT

Last source update

6 Nov 2023, 13:07 GMT

Authority reference

212167

FTS notice number

2023/S 000-032773

Classification (CPV)

Enteral feeds

Delivery area

UK

Official registry OCID

ocds-h6vhtk-041610 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

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. <br/><br/>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. <br/><br/>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.<br/><br/>Reg 32(2)(b)(ii) – absence of competition for technical reasons<br/><br/>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. <br/><br/>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. <br/><br/>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.<br/><br/>Reg 32(5)/(6) – additional deliveries<br/><br/>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.<br/><br/>B. The contract should not (save in exceptional circumstances) exceed 3 years: The contract does not exceed 3 years.

• Nutricia Ireland LtdAwarded supplier106997 Block 1 Deansgrange Business Park, Deansgrange, Co. Dublin, Dublin, UK, A94 P9T3Contact phoneShow contact details

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