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: Eleanor Dickson
Telephone: +44 1698794410
E-mail: eleanor.dickson@nhs.scot
NUTS: UKM
Internet address(es)
Main address: http://www.nss.nhs.scot/browse/procurement-and-logistics
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.publictendersscotland.publiccontractsscotland.gov.uk/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://www.publictendersscotland.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
Purchase of Electrosurgical Devices (Cut & Coagulation, Uterine Ablation)
Reference number: NP56623
II.1.2) Main CPV code
33161000
II.1.3) Type of contract
Supplies
II.1.4) Short description
Renewal of National Framework for the Supply of Electrosurgical Devices covering the following products to NHS Scotland either via
the NDC or direct to Health boards.
- Simultaneous Cut & Coagulation devices
- Uterine Ablation devices
It is expected that the annual value across all the lots will not exceed GBP 6M excluding VAT.
Please note that the following Lot configuration is for information purposes only and is subject to change.
II.1.5) Estimated total value
Value excluding VAT:
5 900 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
Yes
Tenders may be submitted for all lots
II.2) Description
Lot No: 1
II.2.1) Title
Simultaneous Cutting/Coagulation Systems
II.2.2) Additional CPV code(s)
33161000
33140000
33100000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
We require a range of devices specific to the purpose of Simultaneous cutting/coagulation, used for open and minimally invasive surgery, that can be used in a Procedure within an NHS Scotland Acute setting by appropriate trained personnel. These products are available in a range of sizes.
Typically, we see these products in 3 sizes Open Procedure standard length, Laparoscopic standard length and Laparoscopic long Length and usually fit down standardly available trocars
Packaging must be GS1 Compliant and clearly reference: - Size, Lot number, Expiration data, UKCE mark, Sterile & Single Use
II.2.5) Award criteria
Criteria below:
Quality criterion: After Sales, Service & Maintenance
/ Weighting: 30
Quality criterion: Training & Implementation
/ Weighting: 10
Quality criterion: Quality - Clinical Reference
/ Weighting: 5
Quality criterion: Sustainability
/ Weighting: 5
Price
/ Weighting:
50
II.2.6) Estimated value
Value excluding VAT:
4 500 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
2 optional extension periods both consisting of 12 months can be utilised by the Authority.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Lot No: 2
II.2.1) Title
Uterine Ablation Systems
II.2.2) Additional CPV code(s)
33161000
33100000
33140000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
We require a range of devices specific to the purpose of Endometrial Ablation Systems and/ or Intrauterine Resection Systems, used for Internal surgery, that can be used in a procedure within an NHS Scotland Acute Setting by appropriate trained personnel. These products are available in different sizes.
Packaging must be GS1 Compliant and clearly reference: - Size, Lot number, Expiration data, UKCE mark, Sterile & Single Use
II.2.5) Award criteria
Criteria below:
Quality criterion: After Sales, Service & Maintenance
/ Weighting: 30
Quality criterion: Training & Implementation
/ Weighting: 10
Quality criterion: Quality-Clinical Reference
/ Weighting: 5
Quality criterion: Sustainability
/ Weighting: 5
Price
/ Weighting:
50
II.2.6) Estimated value
Value excluding VAT:
1 500 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
2 optional extension periods both consisting of 12 months can be utilised by the Authority.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Lot No: 3
II.2.1) Title
Combination Lot - Electrosurgical Device Combinations (Unscored)
II.2.2) Additional CPV code(s)
33161000
33100000
33140000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
We require a range of Electrosurgical devices used for simultaneous cutting/coagulation, Endometrial Ablation and/or Intrauterine Resection used for open and minimally invasive surgery, that can be used in a Procedure within an NHS Scotland Acute setting by appropriate trained personnel.
Bidders are requested to submit bids for combinations of volume commitments of applicable products, as previously tendered in Lots 1&2, detailing additional discounts in return for combined volume commitments from the Health Boards, or from a collaboration of Health Boards.
Bidders are invited to put forward your suggestions for bandings and percentage discount from Non Commitment Contract Price.
Bidders may submit any number of combinations up to 100% of all Cut & Coagulation and Uterine Ablation electrosurgical devices Market Share for 1 health board, multiple boards and/or All of Scotland. (Current spend circa GBP 5.9Mpa). Only bidders who have submitted a bid for lot 1 &/or lot 2 can submit to this lot.
PLEASE NOTE: This is an Unscored Lot. Boards will use the information provided here by all awarded suppliers to assess their local clinical requirements and decide who to commit to. This Lot is intended to reduce the need for mini competitions.
II.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
2 optional extension periods both consisting of 12 months can be utilised by the Authority.
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Lot No: 4
II.2.1) Title
NP56623 Electrosurgical Devices Innovation / Enhanced Services Lot (Unscored)
II.2.2) Additional CPV code(s)
33161000
33100000
33140000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
Bidders are requested to submit details of any Enhanced Service they offer. Key deliverables will be decided on a case by case basis but may include, but not be limited to, such evidenced criteria as:
Reduced Waiting Times
Streamlined Patient Pathway
Innovative products related to the Framework
Reduced Readmission Rate
Lower Costs
Enhanced Data Quality & Reporting
Enhanced Inventory Management
Bidders should submit details of any service offered or innovation soon to be available, including unique selling points, for consideration, in 5,000 words or less. Responses should include relevant case studies, successes and details of how purchase of these services, in addition to commitment volumes on Lots 1-13 inclusive, will positively impact on patient care and/or commitment volume prices for Health boards.
Only bidders who have tendered items for consideration to lot 1 &/or lot 2 will be able to submit a tender to this lot.
PLEASE NOTE: This is an Unscored Lot. Boards will use the information provided here by all awarded suppliers to assess their local clinical requirements. This Lot is intended to reduce the need for mini competitions.
II.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: Yes
Description of renewals:
2 optional extension periods both consisting of 12 months can be utilised by the Authority
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
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.1.2) Economic and financial standing
Minimum level(s) of standards required:
(1)All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the
candidate in respect of the activities which are similar type to the subject matter of the notice.
(2)All candidates will be required to provide statement of accounts or extracts relating to their business. See contract/tender documentation
which incorporates the requirements of the SPD(Scotland)and the financial period of reporting is the previous 3 financial years.
III.1.3) Technical and professional ability
Minimum level(s) of standards required:
Products may be tendered to more than one lot however, where a part number is listed more than once, and at differing prices, it shall be assumed that the lowest tendered price for this item applies for all instances of that part within the tender.
For Lots One (1)&Two (2), tendered brands must have a minimum of two(2), verifiable clinical references based at different locations, from English speaking staff based on their usage of the main branded products over at least a 6 month continuous period.
Tendered items must be Latex Free, batch/lot coded
Where tendered Goods and associated ancillaries are classed as medical devices, such Goods should comply with Medical Devices Regulations 2002 (SI 2002 No 618, as amended) & MDD93/42/EEC and have an appropriate declaration of conformity and display a valid CE, CE UKNI or UKCA mark.
Product shall be MDD Class II or Class III, as appropriate.
Bidders and their manufacturers must be ISO13485, ISO9001 and ISO14001 accredited, or equivalent and products must be GS1 compliant.
Bidders must have an Ethical Trading Policy specifically focused on supply chain, or a plan to implement one.
Implants are single use sterile in accordance with Scots Law.
Reusable items which may reasonably be expected to undergo Decontamination or Sterilization must be autoclavable and able to withstand repeated heat sterilisation processes and be provided with Supplier Validation Paperwork detailing recommended reprocessing instructions in accordance with BS EN ISO 17664:2017 or equivalent.
Bidders must commit to offer fixed or lower pricing for the duration of the contract award, excluding potential extensions, and must be capable of processing purchase orders via multiple routes of contact without differentiation of response.
Bidders must agree to a minimum of three (3) months’ notice for any material change to products included in the tender and assist boards in any transition requirements.
Bidders must offer a minimum of One (1) Whole Time Equivalent representation with BTEC Theatre Accreditation, or equivalent, responsible for providing support to the geographical area of NHS Scotland.
All prices quoted are considered inclusive of standard delivery, and duty, where applicable.
Bidders are expected to confirm and evidence how you will adhere to, in accordance with the Procurement Reform (Scotland) Act 2014 and the Fair working Practices in Procurement toolkit guidance (https://www.gov.scot/publications/fair-work-practices-in-procurement-toolkit/ )in the delivery of this Framework.
Bidders agree to 30 days stockholding based on recurring demand and provision of free of charge functional samples in line with board code of corporate governance for the duration of the framework.
Bidders agree to follow National Procurement complaints process in the event of official complaints raised.
Bidders agree to compliance with Medicines and Healthcare products Regulatory Agency DB2006(05) 'Managing Medical Devices: Guidance for healthcare and social services organisations', and any subsequent updates or revisions.
Bidders agree that any standard loan, replacement during downtime or free issue, equipment will be supplied free of charge for next working day standard delivery to all areas of NHSS. In the event of a Field Service Notices (FSN) loan equipment will be promptly supplied while remedial work is carried out.
Standards Bidders agree to maintain records of distributed equipment including state of repair and last serviced dates, to perform annual servicing, to provide quarterly service reports and to conduct any maintenance or repair, or to delegate to fully supplier trained NHS personnel.
Bidders agree that any equipment provided is suitable for use in UK i.e. runs from 230V Mains supply, or is battery operated, and instruction manuals are electronically accessible and include escalation contact information.
III.2) Conditions related to the contract
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement with several operators.
Envisaged maximum number of participants to the framework agreement: 10
IV.1.6) Information about electronic auction
An electronic auction will be used
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:
2023/S 000-011777
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
02/11/2023
Local time: 12:00
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
Tender must be valid until:
26/07/2024
IV.2.7) Conditions for opening of tenders
Date:
02/11/2023
Local time: 12:00
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 invoicing will be accepted
Electronic payment will be used
VI.3) Additional information
http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is XXXXX. For more information see:
http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 25208. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/
A summary of the expected community benefits has been provided as follows:
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:
Community benefits are included, but not mandatory, 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:
In accordance with the Procurement Reform Act 2014, this Framework invites consideration of Community Benefits in addition to the
supply and services of the products detailed. Where Health boards commit to volume above the 0-100 band, bidders should refer to the
Community Benefit Marketplace Portal for NHS Scotland for additional detail. Provision of Community Benefits is an Unscored
requirement in this tender.
(SC Ref:744459)
VI.4) Procedures for review
VI.4.1) Review body
Sheriff Court House
27 Chambers Street,
Edinburgh
EH1 1LB
UK
Internet address(es)
URL: http://www.nhsscotlandprocurement.scot.nhs.uk
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
The Authority will notify economic operators who submitted a tender or(where no deselection process has previously been made)applied to
be selected to tender, of its decision to award the Framework Agreement which notification will contain, among other information, a
summary of the reasons as to why the economic operator was unsuccessful. The notification will incorporate a ‘standstill period’ of a
minimum of 10(ten) clear calendar days (or a minimum of 15(fifteen)if the communication method used is not electronic)between the date
on which the Authority dispatches the notice(s)and the date on which the Authority proposes to conclude the relevant Framework
Agreement. The bringing of court proceedings against the Authority during the standstill period will automatically continue the prohibition
on entering into the Framework Agreement until the court proceedings are determined, discontinued or disposed of, or the court, by interim
order, brings to amend the prohibition. The remedies that may be awarded by the courts before the Framework Agreement has been entered
into include the setting aside of the decision to award the Framework Agreement to the winning tenderer(s). The bringing of court
proceedings against the Authority after the Framework Agreement has been entered into will not affect the Framework Agreement unless
grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise the
remedies that maybe awarded by the courts where the Framework Agreement has been entered into are limited to the award of damages.
VI.5) Date of dispatch of this notice
26/09/2023