Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Digital Health and Care Wales
Ty Glan-yr-Afon
Cardiff
CF11 9AD
UK
Contact person: Julie Francis
Telephone: +44 2920500500
E-mail: julie.francis@wales.nhs.uk
NUTS: UK
Internet address(es)
Main address: https://dhcw.nhs.wales/
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0221
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Health
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Laboratory Information Management System services
Reference number: CCN446
II.1.2) Main CPV code
72000000
II.1.3) Type of contract
Services
II.1.4) Short description
The requirement is for fully managed, cloud-based services to support the management and operational delivery for all NHS Wales laboratories (and all specialties within them) with all clinical functionality, with full configuration, validation and all deployments completed not later than September 2025 (when the existing contractual arrangements will no longer be supported or viable), to remain operational until 30th June 2030. The services will also need to achieve migration of data from the existing services with a similar completion deadline, i.e. September 2025. The services are critical for ensuring the safety of patient care and services and continuity of service is essential.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
24 568 627.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
48100000
48180000
48200000
48600000
72200000
72220000
72224000
72224100
72250000
72300000
II.2.3) Place of performance
NUTS code:
UK
Main site or place of performance:
All Wales
II.2.4) Description of the procurement
The requirement is for fully managed, cloud-based services to support the management and operational delivery for all NHS Wales laboratories (and all specialties within them) with all clinical functionality, with full configuration, validation and all deployments completed not later than September 2025 (when the existing contractual arrangements will no longer be supported or viable), to remain operational until 30th June 2030. The services will also need to achieve migration of data from the existing services with a similar completion deadline, i.e. September 2025. The services are critical for ensuring the safety of patient care and services and continuity of service is essential.
II.2.5) Award criteria
Quality criterion: Conformance to Specification
/ Weighting: Pass/Fail
Price
/ Weighting:
100
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
The contract duration is from 27th July 2023 to 30th June 2030.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the Directive
Explanation
This contract award notice is a relevant contract award notice under Reg. 93(2)(a), (3) and (4) of the Public Contracts Regulations 2015 ("PCR 2015") for the award of a contract for LIMS services to the current provider of those services, Intersystems.
LIMS services are critical for the diagnosis and treatment of patients and continuity of such services is essential.
In 2020-21, DHCW undertook a procurement for LIMS services. However, due to a range of unforeseeable factors beyond the control of both parties, the contract ended in the following circumstances. On 13th June 2023, DHCW and the contractor to whom the contract was awarded mutually agreed to terminate the contract. This decision was made on the basis of the current and future requirements of the pathology service in Wales.
The current LIMS technical solution cannot be supported by Intersystems past September 2025.
A competitive procurement and implementation process, even taking account of the scope for accelerated procedures provided for pursuant to PCR 2015, could not realistically or safely be completed by a provider other than Intersystems by September 2025. Nor would it be possible for DHCW to conduct a competitive procurement process running in parallel with implementing a new Intersystems LIMS solution that would become effective from September 2025 onwards.
Intersystems is able to provide a replacement LIMS solution that will be effective on or before September 2025 so as to avoid interruption to the continuity of LIMS services. 7 years is the shortest period of time which a new contract must last in order to enable DHCW and Intersystems viably to implement and operate a new LIMS solution.
In the circumstances, DHCW is entitled to award this contract using the negotiated procedure without prior publication under regulation 32(2)(c) of PCR 2015 on the grounds of extreme urgency, as harm to patients would result from any interruption to continuity of the LIMS service. Further or in the alternative, DHCW would if required rely on reg. 32(2)(b)(ii) of PCR 2015 on the grounds that competition is absent for technical reasons, as no other provider can provide a viable solution to meet the relevant deadlines and clinical requirements.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section V: Award of contract
Contract No: CCN446
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
27/07/2023
V.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
InterSystems Corporation
FC013706
1 Memorial Drive
Cambridge
Massachusetts 02142
US
NUTS: US
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 24 568 627.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
This contract award notice is a relevant contract award notice under Reg. 93(2)(a), (3) and (4) of the Public Contracts Regulations 2015 for the award of a contract for LIMS services to the current provider of those services, Intersystems.
(WA Ref:133530)
VI.4) Procedures for review
VI.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
UK
Telephone: +44 2079477501
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
As set out in the Public Contracts Regulations 2015.
Note that this is a relevant contract award notice under Reg. 93(2)(a), (3) and (4) of the Public Contracts Regulations 2015. Therefore the limitation period for seeking a remedy of ineffectiveness is 30 days from the date of publication of this notice.
VI.4.4) Service from which information about the review procedure may be obtained
High Court of England and Wales
London
UK
VI.5) Date of dispatch of this notice
03/08/2023