Notice Information
Notice Title
New Oncology Wing (PFI Scheme)
Notice 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").
Lot Information
Lot 1
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 PS136 million." 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
Options: Option to extend the term length of the managed equipment service contract ("MES Contract") in schedule 13, clause 12 PFI Agreement.
Procurement Information
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.<br/><br/>Schedule 13, clause 12 of the PFI provides that at the end of the 'Equipment Term' the Trust has an option to extend:<br/><br/>"12 At the expiry of the Equipment Term, the Trust may, at its option, elect in respect of each item of Equipment to:-<br/>...<br/>12.2 extend the Equipment Term subject to agreement by the parties..."<br/><br/>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. <br/><br/>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.
Notice Details
Publication & Lifecycle
- Open Contracting ID
- ocds-h6vhtk-039956
- Publication Source
- Find A Tender Service
- Latest Notice
- https://www.find-tender.service.gov.uk/Notice/001868-2023
- Current Stage
- Award
- All Stages
- Award
Procurement Classification
- Notice Type
- Award Notice
- Procurement Type
- Standard
- Procurement Category
- Services
- Procurement Method
- Limited
- Procurement Method Details
- Award procedure without prior publication of a call for competition
- Tender Suitability
- Not specified
- Awardee Scale
- SME
Common Procurement Vocabulary (CPV)
- CPV Divisions
33 - Medical equipments, pharmaceuticals and personal care products
45 - Construction work
48 - Software package and information systems
50 - Repair and maintenance services
-
- CPV Codes
33100000 - Medical equipments
45215100 - Construction work for buildings relating to health
48814000 - Medical information systems
50421000 - Repair and maintenance services of medical equipment
50700000 - Repair and maintenance services of building installations
Notice Value(s)
- Tender Value
- Not specified
- Lots Value
- Not specified
- Awards Value
- Not specified
- Contracts Value
- £119,000,000 £100M-£1B
Notice Dates
- Publication Date
- 20 Jan 20233 years ago
- Submission Deadline
- Not specified
- Future Notice Date
- Not specified
- Award Date
- 16 Jan 20233 years ago
- Contract Period
- Not specified - Not specified
- Recurrence
- Not specified
Notice Status
- Tender Status
- Complete
- Lots Status
- Not Specified
- Awards Status
- Active
- Contracts Status
- Active
Buyer & Supplier
Contracting Authority (Buyer)
- Main Buyer
- LEEDS TEACHING HOSPITALS NHS TRUST
- Contact Name
- John Smith
- Contact Email
- j.smith115@nhs.net
- Contact Phone
- Not specified
Buyer Location
- Locality
- LEEDS
- Postcode
- LS1 3EX
- Post Town
- Leeds
- Country
- England
-
- Major Region (ITL 1)
- TLE Yorkshire and The Humber
- Basic Region (ITL 2)
- TLE4 West Yorkshire
- Small Region (ITL 3)
- TLE42 Leeds
- Delivery Location
- TLE42 Leeds
-
- Local Authority
- Leeds
- Electoral Ward
- Little London & Woodhouse
- Westminster Constituency
- Leeds Central and Headingley
Further Information
Open Contracting Data Standard (OCDS)
View full OCDS Record for this contracting process
The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts.
{
"tag": [
"compiled"
],
"id": "ocds-h6vhtk-039956-2023-01-20T15:05:43Z",
"date": "2023-01-20T15:05:43Z",
"ocid": "ocds-h6vhtk-039956",
"initiationType": "tender",
"tender": {
"id": "ocds-h6vhtk-039956",
"legalBasis": {
"id": "32014L0024",
"scheme": "CELEX"
},
"title": "New Oncology Wing (PFI Scheme)",
"status": "complete",
"classification": {
"scheme": "CPV",
"id": "50700000",
"description": "Repair and maintenance services of building installations"
},
"mainProcurementCategory": "services",
"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\").",
"lots": [
{
"id": "1",
"description": "The OJEU Notice published by the Trust on 18 October 2001 described the project as:<br/><br/>\"...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 PS136 million.\" 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. <br/><br/>Section V.2.1) below is the date of the decision to award the Main Extension",
"awardCriteria": {
"criteria": [
{
"type": "price"
}
]
},
"hasOptions": true,
"options": {
"description": "Option to extend the term length of the managed equipment service contract (\"MES Contract\") in schedule 13, clause 12 PFI Agreement."
}
}
],
"items": [
{
"id": "1",
"additionalClassifications": [
{
"scheme": "CPV",
"id": "50700000",
"description": "Repair and maintenance services of building installations"
},
{
"scheme": "CPV",
"id": "33100000",
"description": "Medical equipments"
},
{
"scheme": "CPV",
"id": "48814000",
"description": "Medical information systems"
},
{
"scheme": "CPV",
"id": "50421000",
"description": "Repair and maintenance services of medical equipment"
},
{
"scheme": "CPV",
"id": "45215100",
"description": "Construction work for buildings relating to health"
}
],
"deliveryAddresses": [
{
"region": "UKE42"
}
],
"relatedLot": "1"
}
],
"procurementMethod": "limited",
"procurementMethodDetails": "Award procedure without prior publication of a call for competition",
"coveredBy": [
"GPA"
],
"reviewDetails": "In accordance with Regulation 88 to Regulation 102 of the PCR 2015 (particularly, Regulations 92, 93, 94 and 99 in relation to deadlines).",
"procurementMethodRationaleClassifications": [
{
"scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
"id": "D_OUTSIDE_SCOPE",
"description": "The procurement falls outside the scope of application of the directive"
}
],
"procurementMethodRationale": "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.<br/><br/>Schedule 13, clause 12 of the PFI provides that at the end of the 'Equipment Term' the Trust has an option to extend:<br/><br/>\"12 At the expiry of the Equipment Term, the Trust may, at its option, elect in respect of each item of Equipment to:-<br/>...<br/>12.2 extend the Equipment Term subject to agreement by the parties...\"<br/><br/>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. <br/><br/>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."
},
"awards": [
{
"id": "001868-2023-1",
"relatedLots": [
"1"
],
"status": "active",
"suppliers": [
{
"id": "GB-FTS-73341",
"name": "MEDIPASS HEALTHCARE LIMITED"
}
]
}
],
"parties": [
{
"id": "GB-FTS-45939",
"name": "Leeds Teaching Hospitals NHS Trust",
"identifier": {
"legalName": "Leeds Teaching Hospitals NHS Trust"
},
"address": {
"streetAddress": "Great George Street",
"locality": "Leeds",
"region": "UKE42",
"postalCode": "LS1 3EX",
"countryName": "United Kingdom"
},
"contactPoint": {
"name": "John Smith",
"email": "j.smith115@nhs.net"
},
"roles": [
"buyer"
],
"details": {
"url": "https://www.leedsth.nhs.uk",
"buyerProfile": "https://www.leedsth.nhs.uk",
"classifications": [
{
"scheme": "TED_CA_TYPE",
"id": "BODY_PUBLIC",
"description": "Body governed by public law"
},
{
"scheme": "COFOG",
"id": "07",
"description": "Health"
}
]
}
},
{
"id": "GB-FTS-73341",
"name": "MEDIPASS HEALTHCARE LIMITED",
"identifier": {
"legalName": "MEDIPASS HEALTHCARE LIMITED",
"id": "07463229"
},
"address": {
"streetAddress": "First Floor, 67 Upper Berkeley Street, London, England",
"locality": "London",
"region": "UK",
"postalCode": "W1H 7QX",
"countryName": "United Kingdom"
},
"roles": [
"supplier"
],
"details": {
"url": "http://www.medipasshealthcare.com",
"scale": "sme"
}
},
{
"id": "GB-FTS-497",
"name": "The High Court",
"identifier": {
"legalName": "The High Court"
},
"address": {
"streetAddress": "Strand",
"locality": "London",
"postalCode": "WC2A 2LL",
"countryName": "United Kingdom"
},
"contactPoint": {
"email": "generaloffice@administrativecourtoffice.justice.gov.uk"
},
"roles": [
"reviewBody"
],
"details": {
"url": "https://www.gov.uk/courts-tribunals"
}
},
{
"id": "GB-FTS-1661",
"name": "The High Court",
"identifier": {
"legalName": "The High Court"
},
"address": {
"streetAddress": "The Strand",
"locality": "London",
"postalCode": "WC2A 2LL",
"countryName": "United Kingdom"
},
"roles": [
"reviewContactPoint"
],
"details": {
"url": "https://www.judiciary.uk/courts-and-tribunals/high-court/"
}
}
],
"buyer": {
"id": "GB-FTS-45939",
"name": "Leeds Teaching Hospitals NHS Trust"
},
"contracts": [
{
"id": "001868-2023-1",
"awardID": "001868-2023-1",
"status": "active",
"value": {
"amount": 119000000,
"currency": "GBP"
},
"dateSigned": "2023-01-16T00:00:00Z"
}
],
"links": [
{
"rel": "prev",
"href": "https://ted.europa.eu/udl?uri=TED:NOTICE:111111-2001:TEXT:EN:HTML"
}
],
"language": "en"
}