19 Sep 2018

United Kingdom-Glasgow: Patent Attorney and Associated Services Support for Scottish Enterprise

Type of document: Contract Awards
Country: United Kingdom
OJEU Ref: (2018/S 179-406285/EN)
Nature of contract: Service contract
Procedure: Restricted procedure
Regulation of procurement: EU – with participation by GPA countries
Type of bid required: Not applicable

Contract award notice
Services

Section I: Contracting authority
I.1) Name and addresses
Official name: Scottish Enterprise
Postal address: Atrium Court, 50 Waterloo Street
Town: Glasgow
Postal code: G2 6HQ
Country: United Kingdom
Contact Person: Alison McManus
Telephone: +44 1592623006
Email: alison.mcmanus@scotent.co.uk
Fax: +44 1412481600
Internet address(es):
Main address:
Address of the buyer profile:

The contract is awarded by central purchasing body
I.4) Type of the contracting authority
Regional agency
I.5) Main activity
Economic and financial affairs

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Patent Attorney and Associated Services Support for Scottish Enterprise

Reference number: P18-0004
II.1.2) Main CPV code: 79120000
II.1.3) Type of contract Services
II.1.4) Short Description: This is a Contract Award Notice, the original text read as follows:
Scottish Enterprise (SE) is seeking to establish a framework to deliver patent attorney and associated services. In practice for each distinct technology area (programme) and associated patent portfolio, we envisage identifying and appointing an IP service provider and particularly a lead patent attorney to manage and take care of these intellectual property rights under the instruction of SE’s IP Manager.
In addition, SE is procuring 2 associated services, firstly an annuity service provider to provide all renewal services in respect of the ITI Scotland patent portfolio (lot 7) and secondly, IP analyst provision (lot 8).
The framework will have 8 individual lots and we intend to appoint 1 supplier to each lot. The Framework will be for a 3-year period, after this time, SE will have the option to extend the framework for a further twelve month period.
II.1.6) Information about lots:
The contract is divided into lots: yes
II.1.7) Total value of the procurement(excluding VAT)
Value:950000
Currency:GBP
II.2) Description
II.2.1) Title: Genome Segment Assembly Patent Portfolio
Lot No:3
II.2.2)Additional CPV code(s)
Main CPV code: 79120000
Main CPV code: 79100000
Main CPV code: 79130000

II.2.3) Place of performance
Nuts code: UKM
II.2.4) Description of the procurement
Specifically this lot is concerned with patent attorney provision in respect of assets developed in the area of Genome Segment Assembly including in particular an associated patent portfolio. The Genome Segment Assembly R&D programme (now complete) focussed on the development of technologies and instrumentation in the area of Synthetic Biology. Synthetic biology is a technology area encompassing the construction of genetic sequences or pathways comprising multiple genes, in which the methodology is approached from an engineering viewpoint of bolting components together rather than the classical molecular biology viewpoint of using template directed assembly. GSA is a technique in this field and can combine multiple genes of interest into single DNA constructs/assemblies, in a quick and combinatorial manner. A licence agreement is already in place with a Scottish based commercial partner.

II.2.5)Award criteria

II.2.11) Information about options
Options no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2.1) Title: Resonance Enhanced Drilling Patent Portfolio
Lot No:2
II.2.2)Additional CPV code(s)
Main CPV code: 79100000
Main CPV code: 79130000
Main CPV code: 79120000

II.2.3) Place of performance
Nuts code: UKM
II.2.4) Description of the procurement
Specifically this lot is concerned with patent attorney provision in respect of assets developed in the area of Resonance Enhanced Drilling including in particular an associated patent portfolio. The resonance enhanced drilling R&D programme (now complete) focussed on the development of technologies and instrumentation in the area of onshore and offshore drilling and represents a special type of high frequency impact enhanced rotary drilling where in addition to a rotary drill-bit a controllable oscillator (magnetostrictive or mechanical) delivers high frequency axial oscillations in order to create resonance between a drill-bit and the material being drilled. This results in the amplification of the pressure exerted at the drill-bit significantly increasing drilling efficiency and speed whilst decreasing required Weight on Bit (WOB) and drill-bit wear. This makes it possible to drill through different formations with the same drill-bit, rather than having to stop for bit changes as is currently the case and creates the potential to unlock resources currently considered inaccessible or uneconomic. Applications for this technology are primarily envisaged in Oil and Gas, Mining, and Geothermal markets.

II.2.5)Award criteria

II.2.11) Information about options
Options no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2.1) Title: Explosives Detection Patent Portfolio
Lot No:1
II.2.2)Additional CPV code(s)
Main CPV code: 79120000
Main CPV code: 79130000
Main CPV code: 79100000

II.2.3) Place of performance
Nuts code: UKM
II.2.4) Description of the procurement
Specifically this lot is concerned with patent attorney provision in respect of assets developed in the area of explosives detection including in particular an associated patent portfolio. The explosive detection R&D programme (now complete) focussed on the development of technologies and instrumentation in the area of stand off detection of explosives using laser spectroscopy. Every material has a unique spectroscopic fingerprint based on characteristic vibrational spectra which allows identification of threat materials. The explosive detection programme created platform technology in this area which is capable of real time stand off detection of trace amounts of explosives. Applications for this technology are envisaged in civil security and defence explosive detection markets with particular suitability in the areas of aviation security, mass transportation security, stadia and other public venues security, and critical infrastructure security.
A licence agreement is already in place with a Scottish based commercial partner.

II.2.5)Award criteria

II.2.11) Information about options
Options no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2.1) Title: Composite Pipeline Systems Patent Portfolio
Lot No:4
II.2.2)Additional CPV code(s)
Main CPV code: 79100000
Main CPV code: 79130000
Main CPV code: 79120000

II.2.3) Place of performance
Nuts code: UKM
II.2.4) Description of the procurement
Specifically this lot is concerned with patent attorney provision in respect of assets developed in the area of Composite Pipeline Systems including in particular an associated patent portfolio. The Composite Pipeline systems R&D programme (now complete) focussed on the development of onshore pipeline technology and particularly composite steel pipeline structures which are formed in the field by helically winding interlocking steel strip onto a corrosive resistant liner. This greatly reduces the pipe wall thickness, weight, and material cost relative to conventional pipes which are often manufactured off site transported thousands of miles and then welded together section by section. Application of this technology is primarily anticipated in the Oil and Gas market. Although secondary markets have been identified e.g. the transportation of water in places like Saudi Arabia. The ability to helically wind the pipe on site promises estimated cost savings of between 30-40 %. In addition to material costs, savings are achieved by reducing the number of welds, skilled welders, and other staff required to be housed for long periods in often remote hostile environments. A licence agreement is already in place with a Scottish based commercial partner.

II.2.5)Award criteria

II.2.11) Information about options
Options no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2.1) Title: Chronic Wound Care
Lot No:5
II.2.2)Additional CPV code(s)
Main CPV code: 79100000
Main CPV code: 79130000
Main CPV code: 79120000

II.2.3) Place of performance
Nuts code: UKM
II.2.4) Description of the procurement
Specifically this lot is concerned with patent attorney provision in respect of assets developed as part of the Chronic Wound Care R&D programme including in particular an associated patent portfolio. The Chronic wound care R&D programme (now complete) focussed on the development of a point-of-care diagnostic platform technology that could be used to diagnose and monitor wound infection both in clinical environments and in the community. In practice a number of analyte detection methodologies and apparatus were created which have potentially broader application. This included a real time Electro-impedance spectroscopy technique protected by two of the patent families below and another technique which uses dielectrophoresis to significantly increase the capture rate of an analyte which is protected by the third patent family.
Previous commercialisation efforts have not achieved the desired outcome and we are currently assessing the commercial prospects of the CWC assets.

II.2.5)Award criteria

II.2.11) Information about options
Options no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2.1) Title: Ubiquitin Proteasome System
Lot No:6
II.2.2)Additional CPV code(s)
Main CPV code: 79100000
Main CPV code: 79130000
Main CPV code: 79120000

II.2.3) Place of performance
Nuts code: UKM
II.2.4) Description of the procurement
Specifically this lot is concerned with patent attorney provision in respect of assets developed as part of the Ubiquitin Proteasome System R&D programme including in particular an associated patent portfolio. The Ubiquitin Proteasome System R&D programme (now complete) focussed on the ubiquitin proteasome system which controls intracellular protein degradation in mammalian systems in a highly controlled manner. When it goes wrong, disease can occur due to either a build up of proteins that should be degraded, or conversely, degradation of required proteins. It has therefore been implicated in the onset of multiple diseases but due to a lack of relevant technologies required for identifying drug-like modulators of the system, attempts to create therapies that realign the UPS have proved intractable to date. The objective of the programme was develop technologies to link novel UPS components to disease, with a specific focus on cancer, and to provide proof of concept for drug discovery against this class of molecular targets. The programme focused on the components of the ubiquitin proteasome system that confer selectivity to the system and are the ultimate drug targets within the UPS, the ubiquitin E3 ligases. Ubiquitin E3 ligases strongly implicated in specific diseases were selected based on strength of validation and the input from the Programme Advisory Group. Multiple technologies were initially tested and new combinations developed that allowed early hit identification. Extensive downstream assay workflows were developed in parallel allowing hits to be thoroughly interrogated. Novel biochemical, biophysical and cell-based assays were used to selectively identify and prioritise lead molecules against the E3 ligases of interest. Previous commercialisation efforts have not achieved the desired outcome and we are currently assessing the commercial prospects of the UPS assets.

II.2.5)Award criteria

II.2.11) Information about options
Options no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2.1) Title: Cross Programme Patent Renewals Service
Lot No:7
II.2.2)Additional CPV code(s)
Main CPV code: 79120000
Main CPV code: 79100000
Main CPV code: 79130000

II.2.3) Place of performance
Nuts code: UKM
II.2.4) Description of the procurement
Across all programmes we require a single supplier to take over and provide renewal/annuity payment service in respect of the entire ITI Scotland portfolio (see appendix 1 of the supplementary information document). The provider will be responsible for ensuring all maintenance/annuity/renewal payments are made in good time and no payment deadlines are missed. The provider will work in tandem with and under instruction of the programme lead patent attorney (see above) and/or the SE IP Manager. The standard instruction will be to automatically renew all cases unless otherwise instructed and it’s envisaged that reminders and sufficient opportunity will be provided to allow other instructions if required e.g. to passively abandon by not making renewal payment. This function is currently provided by multiple service providers and we would like to consolidate this service into one provider.

II.2.5)Award criteria

II.2.11) Information about options
Options no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

II.2.1) Title: Cross Programme IP Analyst Support
Lot No:8
II.2.2)Additional CPV code(s)
Main CPV code: 79140000
Main CPV code: 79120000
Main CPV code: 79100000

II.2.3) Place of performance
Nuts code: UKM
II.2.4) Description of the procurement
In addition to the patent attorney support above we require IP analyst support. To clarify this support is expected to include:
— The provision of various types of patent search services to include both legal and business type searches. It’s thought this could include e.g. patentability searches, freedom to operate searches, and patent landscape studies. This will demand access to and a good knowledge of specialist searching tools e.g. Thomson Innovation,
— For a small number (2 or 3) of the programmes (with particular focus on the Life Sciences area) the IP analyst will be responsible for the day to day management and direction of the portfolio in support of SE’s IP Manager. To be clear each programme will be assigned a patent attorney and that is not the requirement of this role. Instead the IP analyst is expected to leverage their (Life Sciences) technical background considering and scrutinising the available options in tandem with the patent attorney and SE’s IP Manager,
— Providing general support in the area of IP covering wide range of ad hoc tasks,
— Assisting and supporting in the ongoing evaluation of the ITI Scotland patent portfolio,
— Assisting and supporting the monetisation of the portfolio as appropriate.

II.2.5)Award criteria

II.2.11) Information about options
Options no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information: Economic operators may be excluded from this competition if they are in any of the situations referred to in Regulation 58 of the Public Contracts (Scotland) Regulations 2015.

Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Restricted procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:2018/S 058-128300
Section V: Award of contract
Lot No: 2
Title: Resonance Enhanced Drilling Patent Portfolio

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2018-08-28
V.2.2) Information about tenders
Number of tenders received:5
Number of tenders received from SMEs:4
Number of tenders received by electronic means:5
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Page White and Farrer
Postal address: Bedford House, John Street
Town: London
Postal code: WC1N 2BF
Country: United Kingdom
Telephone: +44 2078317929
Nuts code: UKI31
The contractor is an SME yes

V.2.4) Information on value of the contract/lot(excluding VAT)
Total value of the contract/lot:180000
Currency:GBP
Lot No: 4
Title: Composite Pipeline Systems Patent Portfolio

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2018-08-28
V.2.2) Information about tenders
Number of tenders received:3
Number of tenders received from SMEs:3
Number of tenders received by electronic means:3
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Murgitroyd
Postal address: 165-169 Scotland Street
Town: Glasgow
Postal code: G5 8PL
Country: United Kingdom
Telephone: +44 1413078400
Nuts code: UKM82
The contractor is an SME yes

V.2.4) Information on value of the contract/lot(excluding VAT)
Total value of the contract/lot:80000
Currency:GBP
Lot No: 5
Title: Chronic Wound Care

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2018-08-28
V.2.2) Information about tenders
Number of tenders received:4
Number of tenders received from SMEs:3
Number of tenders received by electronic means:4
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Page White and Farrer
Postal address: Bedford House, John Street
Town: London
Postal code: WC1N 2BF
Country: United Kingdom
Telephone: +44 2078317929
Nuts code: UKI31
The contractor is an SME yes

V.2.4) Information on value of the contract/lot(excluding VAT)
Total value of the contract/lot:30000
Currency:GBP
Lot No: 6
Title: Ubiquitin Proteasome System

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2018-08-28
V.2.2) Information about tenders
Number of tenders received:4
Number of tenders received from SMEs:3
Number of tenders received by electronic means:4
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Harrison Goddard Foote
Postal address: Delta House, 50 West Nile Street
Town: Glasgow
Postal code: G1 2NP
Country: United Kingdom
Telephone: +44 1412295800
Nuts code: UKM82
The contractor is an SME yes

V.2.4) Information on value of the contract/lot(excluding VAT)
Total value of the contract/lot:70000
Currency:GBP
Lot No: 7
Title: Cross Programme Patent Renewals Service

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2018-08-28
V.2.2) Information about tenders
Number of tenders received:7
Number of tenders received from SMEs:7
Number of tenders received by electronic means:7
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Envoy International Ltd
Postal address: Delta House, 50 West Nile Street
Town: Glasgow
Postal code: G1 2NP
Country: United Kingdom
Telephone: +44 1412416250
Nuts code: UKM82
The contractor is an SME yes

V.2.4) Information on value of the contract/lot(excluding VAT)
Total value of the contract/lot:280000
Currency:GBP
Lot No: 1
Title: Explosives Detection Patent Portfolio

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2018-08-28
V.2.2) Information about tenders
Number of tenders received:5
Number of tenders received from SMEs:4
Number of tenders received by electronic means:5
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Keltie LLP
Postal address: No. 1 London Bridge
Town: London
Postal code: SE1 9BA
Country: United Kingdom
Telephone: +44 2073298888
Nuts code: UKI44
The contractor is an SME yes

V.2.4) Information on value of the contract/lot(excluding VAT)
Total value of the contract/lot:190000
Currency:GBP
Lot No: 3
Title: Genome Segment Assembly Patent Portfolio

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2018-08-28
V.2.2) Information about tenders
Number of tenders received:5
Number of tenders received from SMEs:4
Number of tenders received by electronic means:5
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Harrison Goddard Foote
Postal address: Delta House, 50 West Nile Street
Town: Glasgow
Postal code: G1 2NP
Country: United Kingdom
Telephone: +44 1412295800
Nuts code: UKM82
The contractor is an SME yes

V.2.4) Information on value of the contract/lot(excluding VAT)
Total value of the contract/lot:50000
Currency:GBP
Lot No: 8
Title: Cross Programme IP Analyst Support

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2018-08-28
V.2.2) Information about tenders
Number of tenders received:4
Number of tenders received from SMEs:3
Number of tenders received by electronic means:4
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Haseltine Lake
Postal address: Redcliff Quay, 120 Redcliff Street
Town: Bristol
Postal code: BS1 6HU
Country: United Kingdom
Telephone: +44 1179103201
Nuts code: UKK11
The contractor is an SME yes

V.2.4) Information on value of the contract/lot(excluding VAT)
Total value of the contract/lot:70000
Currency:GBP

Section VI: Complementary information
VI.3) Additional information:
(SC Ref:556727)
VI.4) Procedures for review
VI.4.1) Review body
Official name: Scottish Enterprise
Postal address: Atrium Court, 50 Waterloo Street
Town: Glasgow
Postal code: G2 6HQ
Country: United Kingdom
Telephone: +44 1592623006
E-mail: alison.mcmanus@scotent.co.uk
Fax: +44 1412481600
Internet address:

VI.4.2) Body responsible for mediation procedures
Official name: Single Point of Enquiry
Postal address: 5 Atlantic Quay, 150 Broomielaw
Town: Glasgow
Postal code: G2 8LU
Country: United Kingdom
Telephone: +44 1412425466
E-mail: SPOEprocurement@scotland.gsi.gov.uk

VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
In the first instance, contact the Senior Director of Facilities Management and Procurement at ScottishEnterprise, with any concerns or enquiries.
Email:
An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session.

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Scottish Enterprise
Postal address: 50 Waterloo Street, Atrium Court
Town: Glasgow
Postal code: G2 6HQ
Country: United Kingdom
Telephone: +44 1412041111
Internet address: www.scottish-enterprise.com

VI.5) Date of dispatch of this notice:
2018-09-14