Section one: Contracting authority
one.1) Name and addresses
BRISTOL & WESTON NHS PURCHASING CONSORTIUM
University Hospitals Bristol and Weston NHS FT, Marlborough Street,
BRISTOL
BS1 3NU
Contact
Kathy Abbs
Telephone
+44 1174142691
Country
United Kingdom
Region code
UKK11 - Bristol, City of
NHS Organisation Data Service
RVJ
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Outpatient Pharmacy services for University Hospital Bristol & Weston
two.1.2) Main CPV code
- 85149000 - Pharmacy services
two.1.3) Type of contract
Services
two.1.4) Short description
A Contract to provide an Outpatient Dispensing Service, including oral chemotherapy and antiviral treatment of Hepatitis C, to cover two sites, one in Bristol Royal Infirmary and one at Weston General Hospital.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £10,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 85112200 - Outpatient care services
two.2.3) Place of performance
NUTS codes
- UKK11 - Bristol, City of
Main site or place of performance
Bristol
two.2.4) Description of the procurement
Outpatient Dispensing Pharmacy (ODP) and associated services
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
On 28th March 2024 this 5 year contract was lawfully procured following a competitive procurement and was awarded to LP HCS LIMITED (incorporated in England and Wales with company number 14477534 whose registered office is at The Woods, Haywood Road, Warwick CV34 5AH ("LP HCS")).
LP HCS is owned by the Halo Healthcare Group which has taken the corporate decision to re-structure and to exit the trading element known as the "Lloyds Pharmacy Health Services". Permission was therefore sought from UHBW to novate the contract to L. ROWLAND & COMPANY (RETAIL) LIMITED (incorporated in England and Wales under company number 02288928 whose registered office is at Rivington Road, Whitehouse Industrial Estate, Runcorn, Cheshire WA7 3DJ ("Rowlands")).
Whilst this change of supplier is a "substantial modification" pursuant to Regulation 72(8)(e) of the Public Contracts Regulation 2015, UHBW considers that it has the power to approve the change under Regulation 72(1)(d).
After considerable discussion between LP HCS, Rowlands and NHSE, it is clear that Rowlands is partially succeeding into the position of LP HCS in respect of these Lloyds Pharmacy Health Services. Rowlands also fulfils the original criteria for qualitative selection as it will honour the original tender in all regards and will provide a suitable parent company guarantee from an entity which would satisfy the financial standing criteria. There will be no other changes to the contract novated and this is not intended to circumvent the purpose of Regulation 72.
Moreover and In the alternative, in the timescales required and notified to UHBW by LP HCS and its decision to exit the business, UHBW considers that no other entity could ensure continuity of service for technical reasons because of the transfer of staff from one entity to the other and there is also no time to terminate this contract and to undertake a new procurement process. The Trust also considers then that should a court consider this a new contract award, it could be made without Contract Notice pursuant to Regulation 32.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
12 January 2024
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
L. ROWLAND & COMPANY (RETAIL) LIMITED
Rivington Road, Whitehouse Industrial Estate, Runcorn, Cheshire
Runcorn
WA7 3DJ
Country
United Kingdom
NUTS code
- UKD6 - Cheshire
Companies House
02288928
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £10,000,000
Total value of the contract/lot: £10,000,000
Section six. Complementary information
six.3) Additional information
This is not a new contract but notification of a novation of an existing contract.
Former notice 2023/S 000-019539
six.4) Procedures for review
six.4.1) Review body
BWPC
Christopher Hancock Building Bristol BS10 5NB
Bristol
Country
United Kingdom