Supply of tree seedlings using tape based system

Official notice

Authority: Forestry and Land Scotland (Central government)

GoodsNegotiated without publication of a contract notice

Sectors: Agricultural, farming, fishing, forestry and related products (03) Delivery: Scotland (UKM62)

Awarded value£215,200published contract · exc. VAT

Awarded 14 Apr 2022

Awarded to Tape4Trees Ltd

What is being bought

Published requirement description

FLS have sponsored a CivTech Pre-Commercial Procurement project since 2019 to develop better nursery technology. One of the key technologies to be developed as part of that process was use of a tape based system.

Changes to the market mean that the provider of this technology is no longer able to access the intellectual property, and that a different supplier has exclusivity to use this technology.

CPV: Tree-nursery products

The lotProcurement structure

single lot · no lot value published

Lot #1This contract will be for the supplier to grow 2 million young tree seedlings and to…

This contract will be for the supplier to grow 2 million young tree seedlings and to plant these at FLS’ nursery at Newton.

Delivery: Scotland · FLS Newton Nursery

03450000 Tree-nursery products

Procedure terms & legal framework

From the official record · publisher note attached

Procedure method: Negotiated without publication of a contract notice
Legal basis: CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category: Goods
Notice status: Awarded
Procurement threshold: Unspecified in notice
Regulatory regime: Standard
Commercial structure: Stand-alone contract (no framework)
Competition type: Competitive procedure
GPA / WTO covered: Yes (GPA)
Recurring procurement: Unspecified in notice
First published: 29 Apr 2022, 16:14 BST
Last source update: 29 Apr 2022, 16:14 BST
Authority reference: FLS-0001-C
FTS notice number: 2022/S 000-011231
Classification (CPV): Tree-nursery products
Delivery area: Scotland (UKM62)
Official registry OCID: ocds-h6vhtk-03327c Find a Tender

Why no open competition: The works, supplies or services can be provided only by a particular economic operator due to protection of exclusive rights, including intellectual property rights
Published justification: The award of this contract without prior publication meets the test of Regulation 33(1)(b) based on the supplier has has been granted exclusivity to use their background intellectual property.

Review and risk notes

Review procedure: An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014 , may bring proceedings in the Sheriff Court or the Court of Session.
Court of Session
Parliament House
Parliament Square
Edinburgh
EH1 1RQ
0131 225 2595
supreme.courts@scotcourts.gov.uk

Publisher note: (SC Ref:690783)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

Awards 1

Awarded value £215,2001 contract exc. VAT

Contracts signed 1latest 14 Apr 2022

Awarded to	Value	Date	Status
Tape4Trees LtdSME	£215,200 †	—	Awarded

Contracts

Contract 011231-2022-FLS-0001-C-1 · Tape4Trees LtdSME
Signed
14 Apr 2022
Value
£215,200
Status
active

Contracting authority & participating public bodies

Forestry and Land Scotland

Contracting authorityCentral GovernmentBody governed by public lawEnvironmental protection Great Glen House, Leachkin Road, Inverness, Scotland, IV3 8NWContact email, phone

Dispute resolution & review bodies

The Inverness Justice CentreReview body InvernessContact email

Bidders & participating suppliers

1 commercial party on the notice

Tape4Trees LtdAwarded supplier Toft Tunnel Farm, Flatters, Brothertoft. Boston, UK, PE20 3SJ

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.