Section one: Contracting authority/entity
one.1) Name and addresses
Leeds Teaching Hospitals NHS Trust
Great George Street
Leeds
LS1 3EX
Contact
John Smith
Country
United Kingdom
Region code
UKE42 - Leeds
Internet address(es)
Main address
Buyer's 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
New Oncology Wing (PFI Scheme)
two.1.2) Main CPV code
- 50700000 - Repair and maintenance services of building installations
two.1.3) Type of contract
Services
two.1.4) Short description
In 2001 the Trust ran a competitive procurement process and procured a Project Co to enter into a project agreement relating to the design and build of an oncology centre at St James’s University Hospital and the provision of related services (“PFI”).
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: £597,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 50700000 - Repair and maintenance services of building installations
- 33100000 - Medical equipments
- 48814000 - Medical information systems
- 50421000 - Repair and maintenance services of medical equipment
- 45215100 - Construction work for buildings relating to health
two.2.3) Place of performance
NUTS codes
- UKE42 - Leeds
two.2.4) Description of the procurement
The OJEU Notice published by the Trust on 18 October 2001 described the project as:
“…the design, build, finance and ongoing maintenance of a large new wing for medical and surgical oncology and associated services. The project includes building maintenance services – operational services such as domestics, catering and portering are not included in the project. The supply and maintenance of equipment (including IT clinical treatment systems and PACS) will form an integral and substantial element of the project. The new wing will include linear accelerator bunkers, in-patient beds, operating theatres and critical care beds. The value of the services is not yet known. The estimated capital value of the project is approximately £136 million.”
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: Yes
Description of options
Option to extend the term length of the managed equipment service contract (“MES Contract”) in schedule 13, clause 12 PFI Agreement.
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
The MES Contract is an integrated part of the PFI. The term of the PFI is 33 years and the initial term of the MES Contract is 15 years from the ‘Actual Completion Date’ of 14 December 2007. The PFI provides for a possible extension to the MES Contract in the form of a clear, precise and unequivocal review clause.
Section V.2.1) below is the date of the decision to award the Main Extension
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:
The ‘Equipment Term’ is defined in schedule 1 of the PFI Agreement as 15 years. The Trust’s position is that the extension to the MES contract is a permitted modification under Regulation 72(1)(a) Public Contract Regulations 2015 (as amended) (“PCR 2015”). The PFI confers an opportunity for the Project Co to deliver MES services for the full 33 years by virtue of a clear, precise and unequivocal contractual clause in schedule 13, clause 12 of the PFI, which permits the Trust to extend the ‘Equipment Term’ thereby extending the responsibilities of Project Co for the delivery of MES services.
Schedule 13, clause 12 of the PFI provides that at the end of the ‘Equipment Term’ the Trust has an option to extend:
“12 At the expiry of the Equipment Term, the Trust may, at its option, elect in respect of each item of Equipment to:-
…
12.2 extend the Equipment Term subject to agreement by the parties…”
Clause 12 does not limit the duration of the extension to the ‘Equipment Term’ and the Trust considers it is permitted to extend the MES Contract to the end of the term of the PFI. The Extended Period will be on the same terms and price as provided for in the initial term of the MES Contract therefore the economic balance of the arrangement is not in favour of the MES Contract provider.
The Contract Notice published on 18 October 2001 states the “33 years from financial close (although the medical equipment element is expected to run for 15 years)”. The Trust considers that this is merely describing the initial term of the MES contract whereas the project documents awarded expressly provide for the MES Contract to be extended at the expiry of the initial 15 years. Therefore, the Trust does not consider the Contract Notice to preclude the possibility of an extension of the MES Contract within the 33-year duration of the PFI.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2001/S 018-111111
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
16 January 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
MEDIPASS HEALTHCARE LIMITED
First Floor, 67 Upper Berkeley Street, London, England
London
W1H 7QX
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
07463229
Internet address
http://www.medipasshealthcare.com
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £119,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court
Strand
London
WC2A 2LL
generaloffice@administrativecourtoffice.justice.gov.uk
Country
United Kingdom
Internet address
https://www.gov.uk/courts-tribunals
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
In accordance with Regulation 88 to Regulation 102 of the PCR 2015 (particularly, Regulations 92, 93, 94 and 99 in relation to deadlines).
six.4.4) Service from which information about the review procedure may be obtained
The High Court
The Strand
London
WC2A 2LL
Country
United Kingdom