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