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

From within or close to the boundaries of the London Borough of Sutton.

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)

The Overarching aim of the service is to aid early diagnostics to avoid the need for unnecessary referral to secondary care, and to support the shift of activity into a primary care setting thereby improving access.

NHS Sutton CCG requires a local, consultant led direct access diagnostic gastroscopy service with staff qualified to appropriate levels of skill and experience, using gastroscopy equipment and within facilities that comply with and/or have achieved JAG accreditation, connection to NHS information and image transfer solutions, the ability to integrate with the Choose and Book system, robust performance management systems and stringent levels of clinical governance.

NHS Sutton CCG is seeking a provider to put in place a process for ensuring that timely and robust pathology arrangements are undertaken.

The successful provider will need to put in place a process that notifies them of vulnerable patients and patients to make contact with the provider to ensure clarity around bowel prep requirements for colonoscopy. The route of providing Pre-attendance information for the patient will also need to be managed by the provider plus any Referral Support tools to be provided to all GP's etc.

Structured reporting shall be in place to support local referrers in their options for further clinical management and to aid in overall audit reporting. The service shall need to be fully quality assured, validated and supported by Sutton CCG.

The service would be expected to undertake activity across the following HRGs:

— Colonoscopy (FZ51Z)

— Colonoscopy (FZ52Z)

— Endoscopy (FZ54Z)

— Endoscopy (FZ55Z)

— Sigmoidoscopy (FZ60Z)

— Sigmoidoscopy (FZ61Z)

TUPE of existing staff will not apply to this service.

The service contract is expected to commence in May 2015 for an initial contract term of three (3) years, with an option exercisable by the Contracting Authority to extend the contract for 2 further 1 year periods (the total potential contract length therefore being five (5) years.

This procurement is for clinical services which are Part B services for the purpose of the Public Contracts Regulations 2006 (as amended) (‘Regulations’). Accordingly, the Contracting Authority are only bound by those parts of the Regulations detailed in Regulation 5(2). The Contracting Authority are not voluntarily following any other part of the Regulations. The procedure that the Contracting Authority is following is as set out in the MOI and PQQ. As the CCG is a relevant body for the purposes of the National Health Service (Procurement Patient Choice and Competition) (No.2) Regulations 2013 (SI 2013 No. 500) these Regulations also apply to this procurement.

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

The Contracting Authority reserves the right to require deposits, guarantees, bonds or other forms of appropriate security.

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

Details will be set out in the Invitation to Tender and/or the contractual documentation issued with the ITT.

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

Requests to participate may be made by single bidders or consortia. The Contracting Authority reserve the right to require groupings of economic operators to take a particular legal form or to require a single economic operator to take primary liability for a contract to be performed by a group of economic operators or to require each party to undertake joint and several liability in respect of the entire contract irrespective of the form the grouping takes. Please also refer to the MOI for further details regarding the Contracting Authority's intended delivery model.

III.1.4)

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

The form of contract to be entered into by the Contracting Authority and the successful service provider(s) will be the NHS Standard Contract 2015/16.

III.2)

Conditions for Participation

III.2.1)

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

As set out in the pre-qualification questionnaire available from the e-tendering portal address in section I.1.

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

As set out in the pre-qualification questionnaire which is available from the e-tendering portal address in Section I.1.

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

EU Supply Number 18351

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

English.

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

This tender process will be conducted as a Part B ‘Restricted' Procedure.

Section I.I — NHS Shared Business services is Leading this Procurement on behalf of NHS Sutton Clinical Commissioning Group (‘CCG’). It is anticipated at this stage the Contracting Authority will contract with the successful provider however the Commissioners reserve the right to change this in future, including (but not limited to) the withdrawal of any one of the parties from the procurement process.

Section II.2.1) The value ranges specified in this section are estimates and indicative only. The final contract value may fall above or below the stated value range.

Section II.3 — The period referred to is the maximum duration of the contract (if all options are exercised).

Section IV.1.2): The minimum and maximum numbers relate to the number to be invited to tender. The Contracting Authority reserve the right to invite less than [5] bidders to tender should there be less than [5] bidders interested and pre-qualified.

Section IV.3.4 — The memorandum of information and the Expressions of Interest form are available for download from the e-tendering portal (EU -Supply) the address for which is in section I.1 and also given here (https://nhssbs.eu-supply.com)

After reading the Memorandum of Information (MOI), Bidders wishing to express an interest in participating in the procurement and attending the Bidders Day Event, which will take place on 27.11.2014, should register their interest by following the steps below:

1.Register on the EU-Supply e-Tendering Portal.

To register on EU Supply please log on to the following website: https://nhssbs.eu-supply.com and look for tender reference number 18351.

2. Complete and submit the Expression of Interest (EOI) form by sending the completed EOI (embedded within the MOI document) and upload it via the Messaging system on EU-Supply by the deadline of 24.11.2014. A user guide to registering and using the EU-Supply Portal is also attached.

All procurement documents and communications will be conducted through the EU-Supply e-tendering Portal.

Note:

After the Bidders day Event, Bidders will be able to access and download from the EU-Supply Portal the Pre Qualification Questionnaire (PQQ) documentation. The Pre Qualification Questionnaire (PQQ) documentation will be available from 1.12.2014 on EU Supply Portal and should be completed and submitted by the closing date of 12:00 noon on 5.1.2015. For any technical support in submitting your PQQ, please contact the e-Tendering Help-desk on +44 8008402050 or support@eu-supply.com

Formal requests to participate must be made by completion and submission of the pre-qualification questionnaire (in accordance with the requirements set out in the pre-qualification questionnaire) by the time and date specified in the document.

It is anticipated that the invitation to tender will be sent to those bidders short-listed at the end of the pre-qualification stage on the 20.1.2015.

Right to Cancel: The Contracting Authority reserves the right to discontinue the procurement process at any time, which shall include the right not to award a contract, and do not bind themselves to accept the lowest tender, or any tender received, and reserve the right to award a contract in part, or to call for new tenders should it consider this necessary.

The Contracting Authority shall not be liable for any costs or expenses incurred by any candidate or bidder in connection with the completion and return of the information requested in this Contract Notice, or in the completion or submission of any tender, irrespective of the outcome of the competition or if the competition is cancelled or postponed.

All dates, time periods and values specified in this contract notice are provisional and the Contracting Authority reserves the right to change these.

Transparency: The Contracting Authority is subject to the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) and may be required to disclose information received in the course of this procurement under FOIA or the EIR. In addition, and in accordance with the UK Government's policies on transparency, the Contracting Authority intends to publish procurement documentation and the text of any resulting contractual arrangements, subject to possible redactions at the discretion of the Contracting Authority. Any redactions, whether in relation to information requests under FOIA, the EIR or policies on transparency will be in accordance with those grounds prescribed under FOIA and the EIR. Further information on transparency can be found at:https://www.gov.uk/government/publications/procurement-and-contracting-transparency-requirements-guidance’

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:

The Contracting Authority will incorporate a standstill period at the point information on the award of the contract is communicated to tenderers. That notification will provide full information on the award decision. The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into. Part 9 of the Public Contracts Regulations 2006 (SI 2006 No 5) (as amended) provides for aggrieved parties who have been harmed or are at risk of harm by breach of the Regulations to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought within the applicable limitation period.

Alternative actions are available under the NHS (Procurement, Patient Choice and Competition) (No.2) Regulations 2013.

VI.4.3)

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

VI.5)

Dispatch date of this Notice