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

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

Bridgwater Community Hospital.

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)

Somerset Partnership NHS Foundation Trust is currently in the process of constructing a new Community Hospital for the population of Bridgwater. Somerset Clinical Commissioning Group (CCG) is seeking to appoint a suitably qualified and experienced healthcare service provider for the delivery of elective orthopaedic outpatients at the new Bridgwater site and subsequent surgery within a suitable location.

The successful bidder will perform the elective orthopaedic outpatient clinics from Bridgwater Community Hospital in line with the current musculoskeletal pathway working in conjunction with the Orthopaedic Assessment Service in Somerset (OASIS) service. For further information regarding the OASIS (West) service, please follow this link. Orthopaedic Assessment Service The Successful bidder will lease clinic space from Somerset Partnership NHS Foundation Trust who will own the new community Hospital facilities and provide the infrastructure for outpatient clinics.

The aim of the procurement is to acquire sustainable, evidence based high quality, value for money provision of elective orthopaedic care for NHS patients. The service will:

— support local waiting times

— achieve targets and activity plans

— provide patient choice and diversity

— promote affordable innovative service models

— provide assurances to commissioners in terms of performance and service delivery

The provider will be required to treat patients referred from the OASIS service, providing an integrated care pathway to include outpatients, diagnostics and surgery as either a day case or inpatient for a range of elective orthopaedic surgery. This will look to deliver:

— outpatient appointments closer to home

— a reduction in waiting times for Bridgwater patients, permeating across the county

— increased choice and create a sustainable capacity

— wider patient choice within the locality

— continued links to OASIS (West) with a view to establishing a more streamlined cohesive service for the patients on the elective orthopaedic pathway

The potential providers will be asked to provide a population-based approach to elective orthopaedic outpatients.

The volume of activity for the successful applicant will be dependent on patient choice.

Successful bidders will be required to provide their own surgical facilities to complete the patient pathway which may involve further partnerships with organisations with appropriate facilities. Further discussions around surgical provision will be developed through the ITN process.

It is the commissioner's intention to work closely with bidders through a 2 stage Invitation to Negotiate process.

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 and other guarantees may be required in certain circumstances see the invitation to tender 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 severable liability

III.1.4)

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

III.2)

Conditions for Participation

III.2.1)

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

Any supplier may be disqualified who does not respond to the following in the requisite manner:

1) Suppliers are required to express an interest in the OJEU process and complete PQQ documents (where applicable) via the Trusts eSourcing system TACTICA - which is accessed at https://tactica-live.advanced365.com - please make sure that you are registered to avoid any future delays.

2) Information and formalities necessary for evaluating if requirements are met:

(a) Is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;

(b) Is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;

(c) Has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;

(d) Has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;

(e) Has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;

(f) Has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;

(g) Is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;

(h) Has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA;

(i) Has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;

(j) Has been the subject of a conviction for fraud within the meaning of

Article 1 of the Convention relating to the protection of the financial interests of the European Communities;

(k) Has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.

Bidders who have been convicted of a Bribery Act 2010 offence under section 1 (offences relating to bribing another person) or section 6 (bribery of foreign public officials) will be excluded.

In addition to the Provisions of Freedom of Information Act, Bidders will have due regard to the Trusts obligations on Transparency which are set out in more detail at

www.businesslink.gov.uk/transparency/procurement and all offers will be submitted on the basis that the contract when awarded may be published in full in accordance with H M Government Transparency Guidance.

The Trust will also be utilising the NHS supplier information database (SID4Health) to manage and assess general pre-qualification information in the form of a profile. As well as responding to the tender via TACTICA, candidates are requested to provide or update their profile on the SID4gov as follows:

a) candidates should register on SID4gov at http://sid4gov.cabinetoffice.gov.uk by clicking on the Register Organisation tab and select the Supplier button .

b) to continue with the registration process Suppliers must have a current DUNS Number. If a Supplier does not have a DUNS Number there is a link to the D&B UK website to request a DUNS Supplier Number.

c) Suppliers who already have a published profile on SID4gov must confirm that information is up to date ;i) candidates should ensure all relevant sections of their NHS SID4gov profile are completed to demonstrate their ability to meet the short listing criteria applicable to this contract. PLEASE NOTE ALL RESPONSES TO OJEU SHOULD BE MADE THROUGH TACTICA

eSOURCING SYSTEM - REGISTRATION IS REQUIRED ON SID4GOV TO UPDATE OR PROVIDE COMPANY PROFILES ONLY

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

The criteria will be set down within the PQQ.

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

RFT3280

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

The contract will be for a 3 year period with an option to extend for two further periods, each of 12 months duration.

This is a procurement for services specified in part B of schedule 3 of the Public Contracts Regulations 2006 ('Part B services'). Accordingly, and notwithstanding the advertising of this procurement exercise in the Official Journal, the Public Contracts Regulations 2006 (as amended) (the 'Regulations') only apply in part. The procurement exercise will be conducted in accordance with the information contained in the tender documentation.

The Authority has voluntarily advertised this procurement exercise in the Official Journal, solely in order to reach as wide an audience as possible. The Authority has been constrained by the forms used by the Publications Office to describe the procurement procedure as 'Negotiated Procedure' but the Authority does not bind itself to conduct the procurement process in accordance with the Negotiated Procedure, as described in the Regulations, nor to abide by any other part of the Regulations which does not expressly apply to procurements for part B services. Neither a reference during or after this procurement process to the Regulations or the use of language or terminology common to the Regulations shall require the Authority to conduct a full procurement in accordance with the Regulations. This notice is being placed for advertising purposes only.

To receive more information about this tender, including any amendments and/or clarifications and to request any clarifications and/or to respond to this tender, you must register your interest to this tender on the following site: https://tactica-live.advanced365.com

This is the only route through which NHS Somerset Clinical Commissioning Group will conduct communications with Potential Bidders, and accept completed Pre-Qualification Questionnaires.

Full project information will only be available within the Tatica portal and the CCG's web site, when the procurement process is formally launched.

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:

Somerset CCG will allow a minimum 10 calendar day standstill period between notifying the award decision and awarding the contract. Unsuccessful tenderers and applicants are entitled to receive reasons for the decision, including the characteristics and relative advantages of the winning bid and the reasons why the tenderer/applicant was unsuccessful. 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 and must be brought in accordance with the Public Contracts Regulations 2006 as amended by the Public Contracts (Amendment) Regulations 2009 and the Public Procurement (Miscellaneous Amendments) Regulations 2011.

VI.4.3)

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

VI.5)

Dispatch date of this Notice