Section one: Contracting authority
one.1) Name and addresses
University Hospitals of Leicester NHS Trust
c/o Leicestershire County Council Room G60, Glenfield
Leicester
LE3 8TB
Contact
Mr David Streets
Telephone
+44 1162588540
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
http://www.leicestershospitals.nhs.uk/
Buyer's address
http://www.leicestershospitals.nhs.uk/
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
Medicines Management Service
Reference number
DN80148
two.1.2) Main CPV code
- 85000000 - Health and social work services
two.1.3) Type of contract
Services
two.1.4) Short description
The provision of a Medicines Management Service for a period of 15 years from the Services Commencement Date as further described in II.2.4.
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: £29,500,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKF2 - Leicestershire, Rutland and Northamptonshire
two.2.4) Description of the procurement
The Trust intends to award a contract to to IBSL (UK) LTD and Deenova SrL (the "Suppliers") for the provision of a Medicines Management Service which is an integrated IT, robotic and automated medicines storage and delivery solution that includes:
• the provision of an off-site Unit Dose Laboratory (UDL) including enabling works
• provision of UDL staff,
• all enabling works at the Trust
• installation and maintenance of automated medicines cabinets on wards
• integration with the Trust pharmacy ordering and receipt system
• integration with the Trust e-prescribing system
• integration with the Trust patient admission, discharge and transfer system
• integration with the Trust pharmacy ordering and receipt system
• equipment and hardware (robotics, carts, trolleys, devices)
• enabling works – through a sub-contractor, to be approved by the Authority
• transportation from the UDL to the Leicester Royal Infirmary, Leicester General Hospital & Glenfield Hospital (any other sites in the future that may be under the control of the Trust)
• training of Trust staff
For the avoidance of doubt the contract will have an enabling phase and the 15 year term shall not start until the "Services Commencement Date" when the Trust will pay a monthly service charge in line with the Contract.
The Trust will enter into a contract following a minimum 10 day standstill period starting the day after this notice is published in the Official Journal of the European Union.
two.2.5) Award criteria
Quality criterion - Name: N/A / Weighting: 0
Price - Weighting: 100
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: 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 services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
The Trust is awarding a contract without prior publication of a call for competition in the Official Journal of the European Union. It considers that the contract with the Suppliers falls outside the scope of the Public Contracts Regulations 2015 (the “Regulations”), because the award of a contract without prior publication of a call for competition in the Official Journal of the European Union is permitted pursuant to Regulation 32(2)(b)(ii) of the Regulations i.e. where the works, supplies or services can be provided only by a particular economic operator by reason of absence of competition for technical reasons, and no reasonable alternative or substitute exists.
For the reasons explained below, the Trust is of the view that the Contract can only be awarded to the Suppliers because competition is absent for technical reasons, and no reasonable alternative or substitute exists.
Following a successful pilot at the Leicester General Hospital the Trust published a Prior Information Notice 2015/S 234-425081 to establish the level interest and ability in the market place to support the Trust to deliver a Trust wide solution.
Following that PIN, a number of potential suppliers expressed an interest, only 4 then provided a proposal and 2 of those were not able to provide a solution. The Trust considered the relevant market and took the view that if it had sought to procure the services covered by the contract by way of an advertised procurement process, competition would have been absent for technical reasons because no supplier in the relevant market other than the Suppliers would, in practice, have been able to put forward a viable bid that would have met the Trust’s lawful requirements.
This is because this is the first solution (as described at II2.4 above) of its kind within the NHS in the UK.
The Suppliers hold the exclusive UK license for the software solution and the hardware required to deliver the solution required by the Trust.
The Trust considers that it would have been unrealistic to have expected any suppliers other than the Suppliers to have the intellectual property rights to be able to deliver the solution and fulfil the Trust’s requirements. The Trust also considers that the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2015/S 234-425081
Section five. Award of contract
Contract No
DN80148
Title
Provision of a Medicines Management Service
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
6 April 2021
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
IBSL (UK) LTD
72a High Street
Battle
TN33 0AG
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
07697495
The contractor is an SME
Yes
five.2.3) Name and address of the contractor
Deenova SrL
Via Vittime della Strada n.2
GRAGNANO TREBBIENSE
29010 - PC
Country
Italy
NUTS code
- IT - Italy
National registration number
01699700330
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: 29,500,000 AED
Section six. Complementary information
six.3) Additional information
V.2.1 sets out the date on which the Trust awarded the contract and that as noted in II.2.4 it has not entered into the contract.
six.4) Procedures for review
six.4.1) Review body
High Court (Technology and Construction Court)
7 Rolls Buildings, Fetter Lane
London
EC4A 1NL
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
In accordance with Part 3 of the Public Contracts Regulations 2015