VOLUNTARY EX ANTE TRANSPARENCY NOTICE

Section I: Contracting Authority/Entity

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

CyberKnife Maintenance Service Agreement.

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

The Royal Marsden Hospital NHS Foundation Trust, Fulham Rd, London, SW3 6JJ.

II.1.3)

This notice involves a framework agreement

II.1.4)

Short description of the contract or purchase(s)

Accuray CyberKnife Service Agreement which include maintenance, service and replacements parts, software updates as well as on site follow up training, classroom training and and 5 choice points per year during the Agreement Term redeemable for Hardware and Software Upgrade and professional services.

II.1.5)

Common Procurement Vocabulary (CPV)

II.1.6)

Contract covered by the government procurement agreement (GPA)

II.2)

Total final value of the contract(s)

II.2.1)

Total final value of the contract(s)

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

IV.2)

Award criteria

IV.2.1)

Award criteria

IV.2.2)

An electronic auction has been used

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

Contract: AA3B-D9F5SH

IV.3.2)

Previous publication(s) concerning the same contract

Other previous publications

Section V: Award of contract

Contract No:

 Lot Number: 

 Title: 

V.1)

Date of contract award decision:

V.2)

Numbers of offers received:

V.3)

Name and address of economic operator to whom the contract has been awarded

V.4)

Information on value of contract

V.5)

The contract is likely to be subcontracted

Short description of the value/proportion of the contract to be subcontracted

Section VI: Complementary Information

VI.1)

Contract related to a project and/or programme financed by community funds?

VI.2)

Additional Information

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.3.2)

Lodging of appeals

The Contracting Authority will incorporate a minimum 10 calendar day standstill period (or 15 days where non-electronic or fax methods are used) at the point that an award decision is communicated to bidders. This period allows the unsuccessful bidders to consider the decision and highlight any errors in the award process. The award decision notice will specify the criteria for the award of the contract, the reasons for the decision, including the characteristics and relative advantages, the name and score of the successful tender and the relative scores of the unsuccessful bidder. It will specify when the standstill period is expected to end or the date before which the Contracting Authority will not conclude the contract. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2015, set out the time frame within which aggrieved parties that have been harmed or are at risk of a breach of the rules may take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought within 30 days from the date when the economic operator in question first knew or ought to have known that grounds for the bringing of proceedings have arisen. The Court may extend the 30 day period in a particular case if it is considered that there is good reason for so doing, up to a period of 3 months from the actual or deemed date of knowledge of the economic operator. The court may order the setting aside of the award decision or may order the Contracting Authority to amend any document and may award damages. If the contract has been entered into the Court may make a declaration of ineffectiveness or may order that the contract be shortened and additionally may award damages. The time limit for seeking such a declaration is generally 30 days from notification of the award (either by award decision notification or contract award notice depending on the circumstances) or otherwise 6 months. Any such action must be brought promptly and the intention to take action brought to the attention of the contracting authority to enable suspension of award proceedings.

VI.3.3)

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

VI.4)

Dispatch date of this Notice

Annex D1 – General procurement

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2004/18/EC

a) No tenders or no appropriate tenders in response to:

	Open procedure
	Restricted procedure

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

	Technical
	Artistic
	Connected with the protection of exclusive rights

d) Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g)Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

	from a supplier which is definitely winding up its business activities
	from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU:

k) The contract has as its object services listed in Annex B of Directive 2004/18/EC or in Annex XVII B of Directive 2004/17/EC

l) The contract falls outside the scope of application of the relevant directive.

In addition to the box(es) ticked above please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the OJEU is lawful, stating in any case the relevant facts, and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum):