Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
NHS Wales Shared Services Partnership-Procurement Services (hosted by Velindre University NHS Trust)
4-5 Charnwood Court,, Heol Billingsley, Parc Nantgarw
Cardiff
CF15 7QZ
UK
E-mail: ProcurementServicesenquiries@wales.nhs.uk
NUTS: UK
Internet address(es)
Main address: http://nwssp.nhs.wales/ourservices/procurement-services/
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0221
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
Blood Establishment Computer System (BECS)
Reference number: AW101
II.1.2) Main CPV code
72268000
II.1.3) Type of contract
Services
II.1.4) Short description
Procurement of a 'rights to use license' to continue to access the Blood Establishment Computer System. Plus license maintenance and support. Associated project management and consultancy.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
1 200 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
72263000
72267000
II.2.3) Place of performance
NUTS code:
UKL
Main site or place of performance:
Welsh Blood Service, Talbot Green, Llantrisant.
II.2.4) Description of the procurement
Procurement of a ‘rights to use’ software license for the on-premise provision of the Blood Establishment Computer System (BECS) via its ‘ePROGESA’ platform and associated modules including but not limited to the eDRM (Electronic Donor Records Management) service – a module of ‘ePROGESA. Maintenance and support of the software, upgrades, project management and consultancy fees to support implementation of functionality and the delivery of functional enhancements.
II.2.11) Information about options
Options:
Yes
Description of options:
Option to extend for a further 12 months.
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
See VI.1)
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without prior publication
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
Explanation:
WBS intended to run a new competition for this requirement during 2020 and for a new agreement to commence with a ‘go live’ service date during 2022. The running of the competitive exercise was significantly delayed due to the resources within the WBS being redirected to support the NHS Wales response to the Covid-19 pandemic.
The Authority therefore needs to replan this competition and intends to publish a Prior Information Notice (PIN) during the autumn of 2022 to commence the process.
To ensure contractual arrangements remain in place to maintain the continuity of this critical service, the Authority intends to use the negotiated procedure without prior publication in accordance with the use of Public Contract Regulations 2015 32 (2)(b)(ii) and (iii), competition is absent for technical reasons and (2)(b)(iii) - the protection of exclusive rights, including intellectual property rights.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section V: Award of contract/concession
Contract No: AW092
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
10/08/2022
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
MAK-SYSTEM
35 square de Meeus
Brussels
1000
BE
Telephone: +33 646121360
Fax: +33 000000000
NUTS: BE
Internet address(es)
URL: www.mak-system.com
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
522 362.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
The Authority intends to award an agreement to MAK-System for a period of up to 2 years, plus an option to extend for a further period of up to 12 months for the reasons provided in this notice.
Should this extension need to be executed, it will be conditionally upon the Authority having run the new procurement and be in the implementation stage of the new agreement.
It is also the intention of the Authority to publish a new Prior Information Notice for a new competition in the autumn of 2022.
(WA Ref:120596)
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:
NHS Wales Shared Services Partnership on behalf of Welsh Blood Service – being a division of Velindre University NHS Trust, will apply a minimum 10 calendar day standstill period between notifying the award decision and awarding the contract.
Should additional information be required it should be requested of the addressee in section I.1). Aggrieved parties who have been harmed or are at risk of harm by breach of the procurement rules have the right to take action in the High Court (England and Wales). Any such action is subject to strict time limits in accordance with the Public Contracts(Amendments).
VI.4.4) Service from which information about the review procedure may be obtained
As in section I.1)
Cardiff
UK
VI.5) Date of dispatch of this notice
26/08/2022