Social and other specific services – public contracts
Contract notice
Section I: Contracting 
        authority        
      
I.1) Name and addresses
  The NHS Commissioning Board operating as NHS England
  York House, 18-20 Massetts Road,
  Horley
  RH67DE
  UK
  
            Contact person: Hannah Morley
  
            E-mail: scwcsu.procurement@nhs.net
  
            NUTS: UKJ2
  Internet address(es)
  
              Main address: https://www.england.nhs.uk/
  
              Address of the buyer profile: https://in-tendhost.co.uk/scwcsu/aspx/Home
 
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://in-tendhost.co.uk/scwcsu/aspx/Home
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://in-tendhost.co.uk/scwcsu/aspx/Home
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
Orthodontic Services in Oxford, Thame, Eastleigh and Dover to NHS England and NHS Improvement (NHSE/I) South East
            Reference number: WA12375
  II.1.2) Main CPV code
  85131100
 
  II.1.3) Type of contract
  Services
  II.1.4) Short description
  NHS England and NHS Improvement (NHSE/I) South East (the Commissioner) are seeking to recommission Level 2 and 3a NHS Orthodontic Services in the Oxford, Thame, Eastleigh and Dover areas. The Commissioner will be contracting for the services using the Standard clauses for a Personal Dental Services (PDS) agreement.
  The contract term will be for an initial period of 7 years, with an option to extend for a further 2 years at the sole discretion of the Commissioner and is due to commence on 1st April 2023. 
  The Commissioner has a budget range available from a minimum of £60.28 to a maximum of £64.68 per Unit of Orthodontic Activity (UOA) based on 21/22 prices. The maximum budget per annum for all Lots is £2,393,160. 
  The procurement is split into four lots, as follows so as to provide maximum flexibility to both the Commissioner and Bidders and interested parties may bid for one or two lots;
  •	Lot 1: Oxford
  •	Lot 2: Thame 
  •	Lot 3: Eastleigh 
  •	Lot 4: Dover
  The Commissioners seek tender responses from providers who have the capability and capacity to undertake such a contract.
  Orthodontics is the dental specialty concerned with facial growth, development of the dentition and occlusion, and the assessment, diagnosis, interception and treatment of malocclusions and facial irregularities.
  The overall aim of the service is to provide equitable, accessible, high quality and cost effective specialist orthodontic services, in line with the National Guide for Commissioning Orthodontics, 2015 and NHS Personal Dental Services (PDS) Agreements Regulations 2005. 
  Orthodontics is mainly provided for children and adolescents who meet the agreed criteria for NHS treatment and for adults where there is clinical justification and where prior approval has been agreed with the commissioner. 
  The service includes:
  •	Assessment and treatment delivered according to each patient's clinical needs, including interceptive treatment and in hours urgent care
  •	Treatment includes examination, taking of radiographs, diagnosis, preventative care, advice, planning of orthodontic treatment, supply and repair of orthodontic appliances including retainers for a period of 12 months following the completion of active orthodontic treatment
  •	Appropriate referral to other healthcare providers for mandatory or advanced mandatory services or any other appropriate and necessary healthcare 
  •	Advice to the patient and other clinicians where appropriate
  The contracts are limited to orthodontic treatment within complexity Level 2 and 3a and excludes all mandatory services and the following additional services: 
  •	Sedation services
  •	Domiciliary services
  •	Minor oral surgery
  •	Dental public health services
  •	Orthodontic complexity level 1 and 3b cases
  Interested parties who wish to take part in the procurement are invited to take part in an Invitation To Tender (ITT) process, based on the open procedure and designed to identify the most economically advantageous tender and therefore determine the incoming provider.
  All ITT responses must be returned by 12 noon on 6th July 2022, at the latest.
  This procurement is being carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
  II.1.5) Estimated total value
  Value excluding VAT: 
			21 538 440.00 
			  GBP
  II.1.6) Information about lots
  
            This contract is divided into lots:
            
        Yes
      
  
                    Tenders may be submitted for maximum 2 lots
                  
  
                Maximum number of lots that may be awarded to one tenderer: 2
 
II.2) Description
  
          Lot No: 1
  
    II.2.1) Title
    Ortho-1: Oxford
    II.2.2) Additional CPV code(s)
    85131100
    II.2.3) Place of performance
    NUTS code:
    UKJ14
    II.2.4) Description of the procurement
    Lot name Ortho-1: Oxford
    Total UOA activity (annual) 12,000
    Maximum annual contract value £776,160
    This procurement is being carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
    II.2.6) Estimated value
    Value excluding VAT: 
			6 985 440.00 
			  GBP
    II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
    
                Duration in months: 108
    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
    The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations")  which are not subject to the full regime of the Regulations, but is instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
   
  
          Lot No: 2
  
    II.2.1) Title
    Ortho-2: Thame
    II.2.2) Additional CPV code(s)
    85131100
    II.2.3) Place of performance
    NUTS code:
    UKJ14
    II.2.4) Description of the procurement
    Lot name Ortho-2: Thame
    Total UOA activity (annual) 4,000
    Maximum annual contract value £258,720
    This procurement is being carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
    II.2.6) Estimated value
    Value excluding VAT: 
			2 328 480.00 
			  GBP
    II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
    
                Duration in months: 108
    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
    The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations")  which are not subject to the full regime of the Regulations, but is instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
   
  
          Lot No: 3
  
    II.2.1) Title
    Ortho-3: Eastleigh
    II.2.2) Additional CPV code(s)
    85131100
    II.2.3) Place of performance
    NUTS code:
    UKJ3
    II.2.4) Description of the procurement
    Lot name Ortho-3: Eastleigh
    Total UOA activity (annual) 10,000
    Maximum annual contract value £646,800
    This procurement is being carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
    II.2.6) Estimated value
    Value excluding VAT: 
			5 821 200.00 
			  GBP
    II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
    
                Duration in months: 108
    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
    The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations")  which are not subject to the full regime of the Regulations, but is instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
   
  
          Lot No: 4
  
    II.2.1) Title
    Ortho-4: Dover
    II.2.2) Additional CPV code(s)
    85131100
    II.2.3) Place of performance
    NUTS code:
    UKJ4
    II.2.4) Description of the procurement
    Lot name Ortho-4: Dover
    Total UOA activity (annual) 11,000
    Maximum annual contract value £711,480
    This procurement is being carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
    II.2.6) Estimated value
    Value excluding VAT: 
			6 403 320.00 
			  GBP
    II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
    
                Duration in months: 108
    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
    The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations")  which are not subject to the full regime of the Regulations, but is instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
   
 
Section IV: Procedure
IV.1) Description
  IV.1.1) Type of procedure
  
                        Open procedure
                        
 
IV.2) Administrative information
  IV.2.2) Time limit for receipt of tenders or requests to participate
  
              Date:
              06/07/2022
  
                Local time: 12:00
  IV.2.4) Languages in which tenders or requests to participate may be submitted
  EN
 
Section VI: Complementary information
VI.3) Additional information
An early engagement market notice was published in relation to this procurement in March 2022, in order to facilitate early engagement with potential providers. Please note that this previous notice was an information gathering exercise rather than a call for competition in its own right. Although those who responded to that notice will be advised that this contract notice has been published, there will be no process exemptions or preferential treatment afforded to any parties who expressed an interest at that stage.
Interested parties can access the opportunity via the 'current tenders' list on the e-procurement system In-Tend, available on the following link: https://in-tendhost.co.uk/scwcsu/aspx/Home 
In order to access the tender documentation and submit a bid, you will need to be registered on the system and 'express an interest' in the project, then complete a response as specified within the procurement documents.
On registration, please include at least two contacts to allow for access to the system in times of absence.
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but is instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
The tendering process will be conducted in accordance with the requirements and flexibilities provided by Articles 74 to 76 of the Directive, and Regulations 74 to 76 of the Regulations. The Authority will run a transparent tender process, treating all Bidders equally. For the avoidance of doubt, the Authority will not be bound by the Regulations or any other regulations or legislation except for the specific parts or circumstances that apply to the procurement of these Services. 
Neither the inclusion of a Bidder selection stage, nor the use of any language or terms found in the Directive or Regulations, nor the description of the procedure voluntarily adopted by the Authority ("Open", "Restricted", "Competitive Procedure with Negotiation", "Competitive Dialogue" or any other description), nor any other indication, shall be taken to mean that the Authority intends to hold itself bound by the Directive or Regulations, save by the provisions applicable to services coming within the scope of Annex XIV of the Directive / Schedule 3 of the Regulations. 
The Contracting Authority intends to voluntarily observe the award decision notices provisions and 10 day standstill period described in Regulation 86 of the Regulations. Unsuccessful Bidders will receive scores and reasons for the decision, including the characteristics and relative advantages of the winning bid and the reasons why the Bidder/application was unsuccessful. Deadline for lodging of appeals should be in accordance with Regulation 87 and Regulation 91 of the Regulations.
VI.4) Procedures for review
  VI.4.1) Review body
  
    High Court in London
    London
    UK
   
  VI.4.3) Review procedure
  Precise information on deadline(s) for review procedures:
  As described in VI.3, deadline for lodging of appeals should be in accordance with Regulation 87 and Regulation 91 of the 2015 Regulations.
 
VI.5) Date of dispatch of this notice
25/05/2022