Contract notice
Section I: Contracting
authority
I.1) Name and addresses
The Common Services Agency (more commonly known as NHS National Services Scotland) (‘NSS’)
Gyle Square (NSS Head Office), 1 South Gyle Crescent
Edinburgh
EH12 9EB
UK
Contact person: George Futcher
Telephone: +44 1312757041
E-mail: george.futcher@nhs.scot
NUTS: UKM
Internet address(es)
Main address: http://www.nhsscotlandprocurement.scot.nhs.uk/
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://www.publiccontractsscotland.gov.uk/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://www.publiccontractsscotland.gov.uk/
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
Laboratory Information Management System (LIMS)
Reference number: NP5091/20
II.1.2) Main CPV code
72000000
II.1.3) Type of contract
Services
II.1.4) Short description
NHS National Services Scotland is establishing a single supplier framework on behalf of all NHS Health Boards in Scotland for the replacement of their Laboratory Information Management Systems (LIMS). The implementation of a common, modern LIMS is required to help realise the aims of NHS Scotland’s digital strategies and also to be a key enabler for the National Laboratories Programme to deliver NHS Scotland’s strategic aim for clinical laboratory services in the form of a Distributed Service Model (DSM).
The intention is that the new LIMS will meet the requirements of all core laboratory disciplines (Blood Sciences including Blood Transfusion, Cellular Pathology, and Microbiology) including Genetics.
This procurement facilitates the programme in delivering standardisation of processes, workflow and coding, to enable multidisciplinary multi board team working, to facilitate accurate, quicker, easier and timely sharing of laboratory data across Scotland, and to ensure that no matter where health care is delivered in Scotland, patients will have equitable access to efficient, effective, sustainable and affordable laboratory services.
The services will include the software, development, implementation, training, support and maintenance of the software. It may also include the hosting of the system and software.
II.1.5) Estimated total value
Value excluding VAT:
216 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
72500000
72200000
72212180
72250000
72260000
72261000
72262000
72263000
48180000
48814000
48814400
II.2.3) Place of performance
NUTS code:
UKM
Main site or place of performance:
Scotland.
II.2.4) Description of the procurement
The framework agreement by NSS will provide LIMS services to the specification of a consortium of 11 NHS Health Boards and will provide a window of 5 years for all NHS Health Boards to replace their current LIMS services.
It is the intention of each NHS Health Board to enter into a ten-year call off contracts (plus 2 x 36 month extension options) pursuant to which LIMS and related services will be delivered.
The contract will deliver services to entities constituted pursuant to the National Health Service (Scotland) Act 1978 as amended, Integration Joint Boards established pursuant to the Public Bodies (Joint Working)(Scotland) Act 2014 and any local authorities established pursuant to the Local Government, etc. (Scotland) Act 1994.
II.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6) Estimated value
Value excluding VAT:
216 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 60
This contract is subject to renewal: No
II.2.9) Information about the limits on the number of candidates to be invited
Envisaged minimum number: 3
Objective criteria for choosing the limited number of candidates:
As stated in the ESPD and additional documents.
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
Yes
Description of options:
A genetics system may be provided under this framework agreement. Hosting of the services may be provided under individual call-off contracts.
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 III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
Economic operators may be excluded from this competition if they are in breach of any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.
III.1.2) Economic and financial standing
Minimum level(s) of standards required:
Suppliers are required to provide statement of accounts or extracts relating to their business for the previous 3 years.
Where any are risks identified by the authority as part of the due diligence carried out on the above information the authority may require bidders to provide additional information to demonstrate financial standing. Additional information can include but not be limited to:
— parent company accounts (if applicable);
— deeds of guarantee;
— bankers statements and references;
— accountants’ references;
— management accounts;
— financial projections, including cash flow forecasts;
— details and evidence of previous contracts, including contract values;
— capital availability.
Bidders who cannot provide suitable evidence of a secure financial standing may be excluded from the procurement.
ESPD Q.4B
Minimum level(s) of standards required:
Suppliers must demonstrate the following financial capacity over the last 2 years:
The turnover of the economic operator in respect of its most recent two full financial years must have been equal to or more than GBP 2 500 000 per annum.
Turnover in the business area covered by the contract GBP 2 500 000 per annum.
ESPD 4B.5
It is a requirement of this contract that bidders hold, or can commit to obtain prior to the commence of any subsequently awarded contract, the types and levels of insurance indicated below:
Employer’s (compulsory) liability insurance = GBP 5 million;
Public liability insurance = GBP 10 million;
Professional indemnity insurance = GBP 5 million;
Product liability insurance = GBP 10 million;
Product liability insurance in not less than the sum of GBP 1 million in respect of any one incident.
III.1.3) Technical and professional ability
Minimum level(s) of standards required:
Bidders must demonstrate that they have a sufficient and appropriate general and relevant experience to perform the services and the extent of experience necessary to deliver the range of the managed services all as described in this contract notice and additional documents.
In response to the ESPD, Part IV, Section C (Technical and Professional Ability) question 4C.1.2 Bidders should provide:
4C.1.2 Please provide details of up to three relevant examples of services carried out during the last 3 years as specified in the contract notice.
Weighing 60 % as per scoring model in document attached to this notice.
4.C.2 Bidders will be required to confirm details of the technicians or technical bodies and certifications for example, ISO 9001, ISO 27001, ISO 13485, etc. or equivalents, who they can call upon, especially those responsible for quality control and security standards. Weighting 30 % as per scoring model in document attached to this notice.
4.C.6 Professional qualifications or certifications held by the service provider or the contractor itself: ITIL qualifications or equivalent and other professional qualifications relevant to the services outlined in the contract notice.
Weighing 10 % as per scoring model in document attached to this notice.
4C.8.1 Bidders will be required to confirm their average annual manpower for the last 3 years.
Minimum level(s) of standards required:
4C.2 Minimum Standard: an appropriate Quality Management System (QMS). Please state if the QMS is ISO 13485 certified.
Bidders are expected to demonstrate that they have an EU 2017/745 Medical Device Regulations (Article 10(9)) compliant quality management system in place, or are committed to establishing one by March 2021. Failure to demonstrate this minimum standard will exclude bidders from the procurement.
III.2) Conditions related to the contract
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Competitive procedure with negotiation
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement with a single operator.
Justification for any framework agreement duration exceeding 4 years: Five years may be required to migrate all services from current contracts, some of which will not expire until later in the term. Consideration has also been given to the level of impact that implementing a new LIMS would have on clinical services and the potential disruption to service. Also due to potential scale and scope of implementations across NHS Boards that provide laboratory services.
IV.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
IV.1.5) Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
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 073-172806
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
14/12/2020
Local time: 12:00
IV.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date:
05/01/2021
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 12 (from the date stated for receipt of tender)
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
No
VI.2) Information about electronic workflows
Electronic ordering will be used
Electronic payment will be used
VI.3) Additional information
The estimated values referred to in section II.1.5) and II.2.6) covers the 10 year contract duration and the two 36-month extension periods of potential contracts, if all NHS Health Boards call contracts off the framework agreement.
The contracting authority does not intend to include a sub-contract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:
Not applicable
Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361
A summary of the expected community benefits has been provided as follows:
The Public Sector in Scotland is committed to the delivery of high quality public services, and recognises that this is critically dependent on a workforce that is well-rewarded, well-motivated, well-led, has access to appropriate opportunities for training and skills development,diverse and engaged in decision making. These factors are also important for workforce recruitment and retention, and thus continuity of service.
Public Bodies in Scotland are adopting fair work practices, which include:
— a fair and equal pay policy that includes a commitment to supporting the living wage, including, for example being a living wage accredited employer;
— clear managerial responsibility to nurture talent and help individuals fulfil their potential, including for example, a strong commitment to modern apprenticeships and the development of Scotland's young workforce;
— promoting equality of opportunity and developing a workforce which reflects the population of Scotland in terms of characteristics such as age, gender, religion or belief, race, sexual orientation and disability;
— support for learning and development;
— stability of employment and hours of work, and avoiding exploitative employment practices, including for example no inappropriate use of zero-hours contracts;
— flexible working (including for example practices such as flexi-time and career breaks) and support for family friendly working and wider work life balance;
— support progressive workforce engagement, for example Trade Union recognition and representation where possible, otherwise alternative arrangements to give staff an effective voice.
In order to ensure the highest standards of service quality in this contract we expect contractors to take a similarly positive approach to fair work practices as part of a fair and equitable employment and reward package.
Please describe how you will commit to fair work practices for workers (including any agency or subcontractor workers) engaged in the delivery of this contract.
Note: to register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland website at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=634556
The buyer has indicated that it will accept electronic responses to this notice via the postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
(SC Ref:634556)
VI.4) Procedures for review
VI.4.1) Review body
Sherriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
UK
Telephone: +44 1312252525
E-mail: edinburgh@scotcourts.gov.uk
Internet address(es)
URL: https://www.scotcourts.gov.uk/the-courts/court-locations/edinburgh-sheriff-court-and-justice-of-the-peace-court
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts: an economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.
VI.5) Date of dispatch of this notice
12/11/2020