CONTRACT NOTICE – OFFICIAL JOURNAL

Section I: Contracting Authority

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

The class of contracting authorities specified in Section II.1.5)

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

Main site or location of works: NHS Trusts within the East Midlands and West Midlands region of the UK and/or other participating NHS bodies (whether acting individually, or on behalf of, or together as members of any consortia) along with any other non-NHS bodies which the participants deem necessary for the delivery of services or goods to NHS bodies, local authorities, other government departments or non-departmental public bodies charged with the delivery of healthcare or health related services (only through the prior approval of East Midlands Pharmacy Collaborative).

II.1.3)

This notice involves

A public contract
The setting up of a Dynamic Purchasing System
The establishment of a framework agreement

II.1.4)

Information on framework agreement (if applicable)

Framework agreement with a single operators
Framework agreement with several operators

Number of participants to the framework agreement envisaged

Duration of the framework agreement

Justification for a framework agreement the duration of which exceeds four years

Estimated total value of purchases for the entire duration of the framework agreement

Frequency and value of the contracts to be awarded

II.1.5)

Short description of the contract or purchase(s)

This tender is to establish a framework agreement for the provision of a pharmaceutical wholesaler service to participating trusts, in-line with the agreed specification.

East Midlands Pharmacy Collaboration (EMPC) is a procurement collaborative hosted by Royal Derby Hospitals NHS Foundation Trust, acting as an agent on behalf of its Member Organisations. The member organisations currently working with EMPC and who may purchase under any contract awarded through this process are found at: http://www.derbyhospitals.nhs.uk/primary/pharmacy/empc/

The following bodies with consent from EMPC may also have access to this Framework Agreement:

The public and voluntary sector bodies to whom the use of this framework agreement will be open include all contracting authorities in the United Kingdom as defined in Regulation 3 of the Public Contracts Regulations 2015 as well as all contracting authorities and entities in the European Union as defined in the Annexes to Commission Decision 2008/963/EC as may be updated from time to time. In particular, it is envisaged that this framework agreement will be used by the following entities in the United Kingdom as described below (particularly where such entities are of a health and/or social care nature):

All National Health Service (NHS) bodies in England, including but not limited to:

— Acute trusts (a list of which can be found at: http://www.nhs.uk/servicedirectories/pages/acutetrustlisting.aspx);

— Health and care trusts (a list of which can be found at: http://www.nhs.uk/ServiceDirectories/Pages/CareTrustListing.aspx);

— Mental health trusts (a list of which can be found at: http://www.nhs.uk/ServiceDirectories/Pages/MentalHealthTrustListing.aspx);

— Clinical commissioning groups (a list of which can be found at: http://www.nhs.uk/ServiceDirectories/Pages/CCGListing.aspx);

— Ambulance trusts (a list of which can be found at: http://www.nhs.uk/ServiceDirectories/Pages/AmbulanceTrustListing.aspx);

— Area teams (a list of which can be found at: http://www.nhs.uk/ServiceDirectories/Pages/AreaTeamListing.aspx);

— Special health authorities (http://www.nhs.uk/ServiceDirectories/Pages/SpecialHealthAuthorityListing.aspx);

— NHS England (formerly the NHS Commissioning Board); and

— Clinical senates and strategic clinical networks.

Her Majesty's Prison Service (as detailed at www.justice.gov.uk/about/hmps).

The above list includes each organisation's successors and assigns, any equivalent organisations and any associated organisations created as a result of any organisational changes.

In addition, the use of this framework agreement will be open to any bodies or organisations operating in the United Kingdom and/or any country in the European Union which are of a health and/or social care nature or which have a similar procurement need in respect of any goods or services to any of the above listed organisations.

Furthermore, and if provided for in the contract documents, EMPC may extend the scope and benefit of the framework agreement to any private sector (i.e. all non-public sector) organisations operating in the United Kingdom and/or any country in the European Union which are of a health and/or social care nature who may also use this framework agreement. Whilst EMPC is not required by procurement legislation to do so, it has extended the principles of the public tendering so as to assure its private sector customers of best value and open and transparent processes. In the United Kingdom these entities are registered with the Care Quality Commission (a list of providers can be found at http://www.cqc.org.uk/sites/default/files/cqc_locations_export.csv). In the European Union, such entities are regulated by equivalent regulatory bodies, each of which maintains an equivalent list.

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

II.1.9)

Will variants be accepted

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

II.2.2)

Options

Provisional timetable for recourse to these options

Number of possible renewals

In the case of renewable supplies or service contracts, estimated time frame for subsequent contracts

II.3)

Duration of the contract or limit for completion

Section III: Legal, Economic, Financial and Technical Information

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

Parent company or other guarantees may be required in certain circumstances. See the invitation to offer for further details.

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

III.1.3)

Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded

Joint and several liability.

III.1.4)

Other particular conditions to which the performance of the contract is subject

It is planned that contract performance and technology reviews will be carried out on a quarterly basis.

III.2)

Conditions for Participation

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Suppliers Instructions: How to Express Interest in this Tender: 1. Register your company on the eSourcing portal (this is only required once) — Browse to the eSourcing Portal: https://emprocurenhs.bravosolution.co.uk and click the link to register — Accept the terms and conditions and click ‘continue’ — Enter your correct business and user details — Note the username you chose and click ‘Save’ when complete — You will shortly receive an email with your unique password (please keep this secure); 2. Express an Interest in the Tender — Login to the portal with the username/password — Click the ‘PQQs / ITTs Open to All Suppliers’ link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) — Click on the relevant PQQ/ ITT to access the content — Click the ‘Express Interest’ button at the top of the page — This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page. (This is a secure area reserved for your projects only) — You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box; 3. Responding to the Tender — Click ‘My Response’ under ‘PQQ/ ITT Details’, you can choose to ‘Create Response’ or to ‘Decline to Respond’ (please give a reason if declining) — You can now use the ‘Messages’ function to communicate with the buyer and seek any clarification — Note the deadline for completion, then follow the on-screen instructions to complete the PQQ/ ITT — There may be a mixture of online and offline actions for you to perform (there is detailed online help available). You must then submit your reply using the ‘Submit Response’ button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

III.2.2)

Economic and financial capacity

III.2.3)

Technical capacity

III.2.4)

Reserved contracts

The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes

III.3)

Conditions Specific to Service Contracts

III.3.1)

Is provision of the service reserved to a specific profession?

III.3.2)

Will legal entities be required to state the names and professional qualifications of the personnel responsible for the execution of the service?

Section IV: Procedure

IV.1)

Type of Procedure

Open		Restricted
Accelerated restricted		Negotiated
Accelerated negotiated		Competitive dialogue

Justification for the choice of accelerated procedure

IV.1.1)

Have candidates already been selected?

IV.1.2)

Limitations on the number of operators who will be invited to tender or to participate

Objective criteria for choosing the limited number of candidates

IV.1.3)

Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated

IV.2)

Award Criteria

IV.2.2)

An electronic auction will be used

IV.3 Administrative Information

IV.3.1)

Reference number attributed to the notice by the contracting authority

D74.D55

IV.3.2)

Previous publication(s) concerning the same contract

Prior Information Notice
Notice on a Buyer Profile

Other previous publications

IV.3.3)

Conditions for obtaining specifications and additional documents

IV.3.4)

Time-limit for receipt of tenders or requests to participate

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)

Language or languages in which tenders or requests to participate can be drawn up

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender 

IV.3.8)

Conditions for opening tenders

Section VI: Other Information

VI.1)

Indicate whether this procurement is a recurrent one and the Estimated timing for further notices to be published

VI.2)

Does the contract relate to a Project/Programme financed by Community Funds?

VI.3)

Additional Information

EMPC is a procurement collaborative hosted by Royal Derby Hospitals NHS Foundation Trust, acting as an agent on behalf of its Member Organisations. (The member organisations currently working with EMPC and who may purchase under any contract awarded through this process are as follows: — United Lincolnshire Hospitals NHS Trust; — Northampton General Hospital NHS Trust; — Kettering General Hospital NHS Foundation Trust; — Derby Hospitals NHS Foundation Trust; — Sherwood Forest Hospitals NHS Foundation Trust; — University Hospitals of Leicester NHS Trust; — Nottingham University Hospitals NHS Trust; — Chesterfield Royal Hospital NHS Foundation Trust; — Derbyshire Healthcare NHS Foundation Trust; — Nottinghamshire Healthcare; — Walsall Healthcare NHS Trust Northampton). Healthcare NHS Foundation Trust Variants may be accepted at the member organisations' discretion provided that they meet the core requirements as set out in the Invitation to Tender. Tenders and all supporting documents must be priced in Sterling and completed in English (or full English translation provided at no cost). Any contract entered into be considered a contract made in England according to English Law and which shall be subject to the exclusive jurisdiction of the English Courts. The member organisations and EMPC are not and shall not be liable for any costs by those expressing an interest or concern for this contract opportunity. The member organisations and the host member reserves the right at all times acting in its absolute discretion, not to award a contract, to make what changes to the structure, format, procedures, CPV codes and timing of the procurement process and to cancel or vary the process in its entirety or any part of it.

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2)

Lodging of appeals
Precise information on deadline(s) for lodging appeals:

East Midlands Pharmacy Collaborative will incorporate a minimum 10 calendar day standstill period at the point information on the award of contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the EMPC before the contract is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing, and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such additional information should be requested via the Bravo eTendering system using the messaging facility within the appropriate ITT. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2015 provide for aggrieved parties who have been harmed for are at risk from harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).

VI.4.3)

Service from which information about the lodging of appeals may be obtained

VI.5)

Dispatch date of this Notice