Section one: Contracting authority
one.1) Name and addresses
NHS England
Quarry House, Quarry Hill
Leeds
LS2 7UE
Country
United Kingdom
NUTS code
UK - United Kingdom
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
Service for Open Pre-natal Surgery to treat Fetuses with Open Spina Bifida
Reference number
C126605
two.1.2) Main CPV code
- 85000000 - Health and social work services
two.1.3) Type of contract
Services
two.1.4) Short description
NHS Arden and Greater East Midlands Commissioning Support Unit (AGCSU), on behalf of NHS England Specialised Commissioning (referred to as the Commissioner), is undertaking a market engagement exercise to understand the current and future capacity and capability of the providers and potential providers within this highly specialised area. Interested parties are encouraged to register their interest and participate in the market questionnaire which will provide feedback to commissioners. Please note that this is not a call for competition although the commissioner would encourage all potential providers to respond to this market engagement exercise. It is possible that, as a result of this exercise, a formal tender process may not be required but instead a simpler supplier selection process may be considered. Where it is noted that competition is absent, direct awards may be considered.
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: £1,212,417
two.2) Description
two.2.2) Additional CPV code(s)
- 85000000 - Health and social work services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
Main site or place of performance
UK - United Kingdom
two.2.4) Description of the procurement
NHS England would like to identify providers who are interested in the provision of a national service for open pre-natal surgery to treat fetuses with open spina bifida service In line with the service specification Open-fetal-surgery-to-treat-fetuses-with-open-spina-bifida.pdf (england.nhs.uk)
The commissioned Provider(s) must have:
• Undertaken, as an organisation, a minimum of ten ‘open’ fetal surgery repairs in fetuses with open spina bifida in the period December 2019 to December 2022, and
• In place the key fetal medicine, neurosurgery and other multidisciplinary team members to deliver the service who can evidence their experience and expertise in open surgery for fetuses with open spina bifida.
These criteria are essential for service continuity and patient safety. Only providers which meet these criteria will be considered to be potentially capable.
In addition, each provider is required to confirm, as evidence of its experience, that:
• It currently acts as a regional unit for fetal medicine and paediatric neurosurgery for the wider geographic area that it sits within, and receives referrals from other units for an expert opinion in the diagnosis and open surgery management of women carrying a fetus which is suspected of having open spina bifida;
• It currently undertakes open fetal (pre-natal) surgery to close open spina bifida in fetuses;
• It has in place the required multi-disciplinary team with the expertise and experience to carry out the above activities and can demonstrate this, including fetal surgery counselling, expert and timely fetal MRI scanning and reporting;
• It has the flexibility in its operational capacity to absorb the urgent activity demands for this service.
The contract duration for this service is expected to be 3 years, including an option to extend for an additional 2 years.
This notice is to advise prospective and incumbent providers in the market of the commissioner’s intention to commission this service and to provide an opportunity to engage with and participate in a market engagement questionnaire. The outcome of this market engagement will help inform commissioners of the current and future capacity and capability of the market and will be considered with other evidence to inform the commissioning approach. It is possible that as a result of this exercise, a formal tender process may not be required but instead a simpler provider selection process will be undertaken. Where it is noted that competition is absent, direct awards may be considered. All providers will be notified of next steps following the conclusion of this market engagement exercise. An assurance process may be required if a direct award is recommended.
The questionnaire is available through the Atamis portal:
https://health-family.force.com/s/Welcome
The reference is C126605 and the closing date for submission of the completed questionnaire will be: 12pm midday on Thursday 16th February 2023.
two.2.5) Award criteria
Quality criterion - Name: Technical / Weighting: 100
Quality criterion - Name: Quality / 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 procurement falls outside the scope of application of the regulations
Explanation:
Award of a contract without prior publication of a call for competition in the Find a Tender service in the cases listed below
• The contract falls outside the scope of application of the regulation
Explanation
The market engagement exercise revealed a lack of competition in the market for this highly specialised service and responses were received from only 2 providers. As noted in the documentation, ‘Commissioners have determined that, given the activity levels and to ensure service resilience and the ability to maintain and develop clinical expertise and experience, the optimum service model is to commission two providers to deliver the service’. Provision was clearly made in the documentation that a direct award would be considered if competition was absent as a result of the market engagement exercise in line with Regulation 32 (2) (b) (ii).
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: 2023/S 000-001747
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
1 August 2023
five.2.2) Information about tenders
Number of tenders received: 2
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 1
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 2
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
UZ Leuven
Herestraat 49 3000 Leuven
Leuven
3000
Country
Belgium
NUTS code
- BE24 - Flemish Brabant
Internet address
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: £2,068,689
Total value of the contract/lot: £927,848
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
1 August 2023
five.2.2) Information about tenders
Number of tenders received: 2
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 1
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 2
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
UNIVERSITY COLLEGE LONDON HOSPITALS NHS FOUNDATION TRUST
250 Euston Road
London
NW1 2PG
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
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: £2,068,689
Total value of the contract/lot: £1,140,841
Section six. Complementary information
six.3) Additional information
Award of a contract without prior publication of a call for competition in the Find a Tender service in the cases listed below
• The contract falls outside the scope of application of the regulation
Explanation
The market engagement exercise revealed a lack of competition in the market for this highly specialised service and responses were received from only 2 providers. As noted in the documentation, ‘Commissioners have determined that, given the activity levels and to ensure service resilience and the ability to maintain and develop clinical expertise and experience, the optimum service model is to commission two providers to deliver the service’. Provision was clearly made in the documentation that a direct award would be considered if competition was absent as a result of the market engagement exercise in line with Regulation 32 (2) (b) (ii).
six.4) Procedures for review
six.4.1) Review body
NHS Arden and GEM CSU
Francis Crick House
Northampton
NN3 6BJ
Country
United Kingdom
Internet address
https://www.ardengemcsu.nhs.uk/
six.4.2) Body responsible for mediation procedures
NHS Arden and GEM CSU
Francis Crick House
Northampton
NN3 6BJ
Country
United Kingdom
Internet address
https://www.ardengemcsu.nhs.uk/
six.4.4) Service from which information about the review procedure may be obtained
NHS Arden and GEM CSU
Francis Crick House
Northampton
NN3 6BJ
Country
United Kingdom