Section one: Contracting authority
one.1) Name and addresses
NHS Digital
7 & 8 Wellington Place
Leeds
LS1 4AP
NHSDcontractmanagement@nhs.net
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
Provision of Services for Clinical Assurance
Reference number
C102370
two.1.2) Main CPV code
- 85100000 - Health services
two.1.3) Type of contract
Services
two.1.4) Short description
NHS Digital (NHSD) writes clinical content to support the Patient Pathways and 111 Online services. It is critical that this content is up to date and reflective of the most up to date treatment advice.
This contract establishes the formal assurance of clinical information and content and with it, the provision of specialist development expertise across a broader spectrum of conditions and relevant subject matter experts. Initially focussed on NHS Pathways and NHS 111 Online, the assurance will include a review of new content (‘prospective content’), but also a review (over a 5-year period) of current and legacy content (‘retrospective content’).
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: £2,000,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Direct award (Reg 32) - negotiated procedure without prior publication
two.2.5) Award criteria
Price
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 procurement falls outside the scope of application of the regulations
Explanation:
This case for this STA replies on Regulation 32 and specifically 32(b) which provides:
(b) where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons:
(i) the aim of the procurement is the creation or acquisition of a unique work of art or artistic performance,
(ii) competition is absent for technical reasons,
(iii) the protection of exclusive rights, including intellectual property rights,
but only, in the case of paragraphs (ii) and (iii), where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;
In line with the (i) and (ii) above, outlined below is the rationale as to why the proposed supplier is uniquely positioned to provide the service, and how AoMRC is positioned against these:
AoMRC Unique Position:
AoMRC are uniquely positioned to engage with a broad range of medical and non-medical colleges and offer ultimate integrity to clinical assurance processes
AoMRC are the only organisation which has overall oversight for the various colleges of clinical staff which will be needed to input into the digital content. Although other organisations may be able to provide a discreet element of the services, they will not have the ability to ensure cross organisation collaboration to ensure that all the relevant clinical expertise is considered when updating our online content
With the Academy’s overarching role, they are the preferred partner in providing enhanced independent and neutral assurance for NHS Pathways and 111 Online clinical content, based on their standing and role in the wider clinical community.
With a membership of 24 organisations, and as referred to above, there are no other organisations that could offer the breadth, consistency and formality of service, hence the Programme advocating a Single Tender Award
Alternatives:
No other organisation sits across or has access to all of the other medical colleges and faculties that AoMRC does. AoMRC can provide access to colleges and faculties such as those below (https://www.aomrc.org.uk/about-us/academy-members/):
Royal College of Physicians
Royal College of Emergency Medicine
Faculty of Intensive Care Medicine
Royal College of Paediatrics & Child Health
RCGP can provide access to clinicians as it does today, but this is to a narrower range of SMEs and does not meet the requirement of a broader range of expertise as per the above
Contracting for clinician time would have to be on a college-to-college basis and such activity is likely to be prohibitive across c.24 organisations. Overarching body to college is an existing relationship through the membership arrangement
Whilst the administrative task of arranging meetings and chairing them could be undertaken by A N Other party, any commercial or other organisation would not have the links to colleges or, indeed, the authority to engage with colleges
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
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
8 September 2022
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
Academy of Medical Royal Colleges
10 Dallington Street
London
ECV1 0DB
Country
United Kingdom
NUTS code
- UK - United Kingdom
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: £2,000,000
Lowest offer: £2,000,000 / Highest offer: £2,000,000 taken into consideration
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court (Technology and Construction Court)
Rolls Building, Fetter Lane
London
EC4A 1NL
Country
United Kingdom
Internet address
https://www.gov.uk/courts-tribunals/technology-and-construction-court
six.4.2) Body responsible for mediation procedures
NHS Digital
7 & 8 Wellington Place
Leeds
LS1 4AP
Country
United Kingdom