Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
NHS Forth Valley
Trust Headquarters, Carseview Castle Business Park
Stirling
FK9 4SW
UK
Contact person: George Futcher
Telephone: +44 1312757041
E-mail: george.futcher@nhs.net
NUTS: UKM76
Internet address(es)
Main address: http://www.nhsforthvalley.com
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00067
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
GP IT Systems
Reference number: NP5007/09
II.1.2) Main CPV code
72000000
II.1.3) Type of contract
Services
II.1.4) Short description
GP IT Systems for patient administration, clinical applications, and associated services for 54 practices in the Forth Valley Health Board region currently provided by EMIS Health. These applications comply with the Scottish Enhanced Functionality (SEF) requirement.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
584 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
72500000
48180000
48814000
48814200
II.2.3) Place of performance
NUTS code:
UKM76
Main site or place of performance:
Forth Valley Health Board area.
II.2.4) Description of the procurement
Forth Valley Health Board require a modification to a contract to provide the continuation of services for GP IT Systems from their current contractor to cover an extended transition period of 24 months to new services provided under the Framework Agreement by National Services Scotland ['NSS'], on behalf of entities constituted pursuant to the National Health Service (Scotland) Act 1978, local authorities, to entities constituted pursuant to the Public Bodies (Joint Working) (Scotland) Act 2014, the Scottish Prison Service, GP practices or premises from which GP or primary medical care services are provided, for GP IT Managed Services (OJEU 2019/S 024-053582).
This modification allows contractors that have been appointed to the Framework Agreement to achieve a specified extent of compliance with certain functional and non-functional requirements which were all clearly identified in the procurement documents. This validation exercise is agreed to take 12 months.
This modification then allows for 6 months for these practices to agree a new call off contract following mini competition according to the rules of the Framework Agreement.
This modification allows for a further 6 months transition from old services to new.
II.2.5) Award criteria
Price
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
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:
The procurement falls outside the scope of application of the Directive
Explanation
To provide continuation of essential current GP IT clinical system provision until services are replaced by the new services procured under the GP IT Managed Services framework agreement by NSS [2019/S 024-053582]. The Contracting Authority relies on Regulation 72 (1)(b) of The Public Contracts (Scotland) Regulations 2015 where a change of contractor cannot be made for economic or technical reasons and it would cause significant inconvenience or substantial duplication of costs for the Contracting Authority, provided that any increase in price does not exceed 50 % of the initial contract value.
IV.1.8) Information about 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:
2019/S 124-303870
Section V: Award of contract
Contract No: NP5007/09
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
19/06/2019
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
EMIS Ltd
Rawdon House
Leeds
LS19 7BY
UK
Telephone: +44 1204678578
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 584 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
(SC Ref:590722)
VI.4) Procedures for review
VI.4.1) Review body
NHS Forth Valley
Trust Headquarters, Carseview Castle Business Park
Stirling
FK9 4SW
UK
Telephone: +44 1312757041
E-mail: george.futcher@nhs.net
Internet address(es)
URL: http://www.nhsforthvalley.com
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
The bringing of court procedures against the Authority in advance of the contract being entered into will automatically prohibit the Authority from entering into the contract until the court proceedings are determined, discontinued or disposed of, or the court, by interim order brings to an end the prohibition. The remedies that may be awarded by the courts before the contract has been entered into include the setting aside of the decision to award the contract to the relevant operator. The bringing of court proceedings against the Authority after the contract has been entered into will not affect the contract unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the contract has been entered into are limited to the award of damages. Economic operators are entitled to write to the Authority should they require further clarification. The Authority will respond within 15 days of such written request, but it should be noted that this may not prevent the Authority from entering into the contract. Where an economic operator is dissatisfied with the Authority’s response to its request for clarification or considers that the contract has been concluded in breach of the Public Contracts (Scotland) Regulations 2015, such economic operator is advised promptly to seek independent legal advice.
VI.5) Date of dispatch of this notice
10/07/2019