- Id
- PCFT26-270057
- Status
- complete
- Main Procurement Category
- services
- Procurement Method
- limited
- Procurement Method Details
- Award procedure without prior publication of a call for competition
- Why this procedure was chosen
- Justification for Direct Award<br/>Procurement Act 2023 - Section 41 / Schedule 5<br/>Grounds: Only one supplier / no reasonable alternative<br/>Summary of Decision<br/>Pennine Care NHS Foundation Trust intends to directly award a contract to Qbtech AB for the supply of QbTest, an objective digital assessment tool used within Trust neurodevelopmental services to support the diagnosis and ongoing management of ADHD. The Trust has determined that only one supplier is capable of delivering the required service and that no reasonable alternative exists. A competitive procurement would be artificial and would not deliver additional value.<br/>Legal Basis<br/>The direct award is made in accordance with Section 41 of the Procurement Act 2023, relying on Schedule 5, which permits a direct award where goods or services can only be supplied by a particular supplier and there are no reasonable alternatives. This applies where exclusivity arises for technical, clinical, or intellectual property reasons and where substitution would present unacceptable risk.<br/>Why Only One Supplier Can Meet the Requirement<br/>Qbtech AB is the sole supplier able to meet the Trust’s requirements due to the proprietary nature of QbTest. QbTest is a patented digital clinical assessment tool combining computer‑based testing with motion tracking hardware and proprietary algorithms to objectively measure attention, impulsivity, and activity. The intellectual property, software, and clinical analytics are owned exclusively by Qbtech and cannot be legally provided by another supplier.<br/>QbTest is embedded within established Trust ADHD diagnostic and treatment pathways and is routinely used alongside clinical assessment and patient history. Clinicians are trained in its administration and interpretation, and it is integrated into existing clinical practice. Replacing the system would require pathway redesign, retraining, re‑establishing clinical baselines, and potential re‑assessment of patients, creating avoidable clinical and operational risk.<br/>Why There Are No Reasonable Alternatives<br/>A review of the market confirms that no alternative product offers a like‑for‑like, clinically validated objective assessment equivalent to QbTest. Other products are questionnaire‑based, intended for research use only, or do not meet requirements for objective measurement, repeatability, and clinical integration within NHS services. Transitioning away from QbTest would result in loss of clinical continuity, service disruption, and delays to diagnosis, which would be disproportionate and therefore not a reasonable alternative.<br/>Why a Competitive Procedure Is Not Appropriate<br/>A competitive process would be ineffective, as the Trust would be likely to receive only one compliant bid due to the proprietary nature of the solution. Any alternative bids would be non‑equivalent and fail to meet clinical requirements. Running a competition would increase procurement timescales and introduce service risk without delivering additional value or choice.<br/>Value for Money<br/>Value for money has been assured through review of pricing against historic spend and activity levels. Charges are considered reasonable and affordable within approved budgets. The contract includes defined scope, performance monitoring, review points, and termination provisions.<br/>Compliance and Governance<br/>All required governance checks have been completed. No exclusion grounds or conflicts of interest have been identified. The decision is based on objective clinical and technical necessity and is non‑discriminatory. Appropriate approvals have been obtained in line with Standing Financial Instructions, and full records are retained within Atamis and the contract register.