Services - 217431-2014

28/06/2014    S122    - - Services - Contract notice - Open procedure 

Spain-Barcelona: Research and experimental development services

2014/S 122-217431

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Agència de Qualitat i Avaluació Sanitàries de Catalunya
Roc Boronat, 81-95, 2a planta
Contact point(s): PCP DECIPHER
08005 Barcelona
Spain
Telephone: +34 935513936
E-mail: decipher.aquas@gencat.cat
Fax: +34 935517510

Internet address(es):

General address of the contracting authority: https://contractaciopublica.gencat.cat/ecofin_pscp/AppJava/en_GB/notice.do?reqCode=searchCn&idCap=206757

Address of the buyer profile: http://www20.gencat.cat/portal/site/salut/menuitem.81a4919118f3026913a90f10b0c0e1a0/?vgnextoid=8a6b6526e566f310VgnVCM2000009b0c1e0aRCRD&vgnextchannel=8a6b6526e566f310VgnVCM2000009b0c1e0aRCRD&vgnextfmt=default&gccnoice=1&vgnextnoice=1

Electronic access to information: http://www.decipherpcp.eu/call-tender

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
Health
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

- TICSALUT, a public fundació attached to the Health Department of the Regional Government of Catalonia (Spain) that works to promote the development and use of ICT and networking in the field of health, acts as an observatory for new trends, innovation and monitoring of emerging initiatives and provides services for the standardization and accreditation of products
Av. Ernest Lluch 32, TCM 3 Planta 6
08302 Mataró
Spain

CMFT-Trustech, an United Kingdom National Health Service (NHS) organization that aims to improve healthcare through the development of innovative products and services, providing consultancy services and expert advisory to help individuals and teams to develop and commercialize or disseminate their innovative products and services, to protect their intellectual property, as well as to manage their innovations and to introduce new technologies to meet clinical needs and improve patient care
Oxford Road Trust HQ Cobbett House
M13 9WL Manchester
United Kingdom

Estav Centro (Ente per i Servizi Tecnico-amministrativi di Area Vasta Centro), a Tuscany Regional Agency in charge of centralized procurement, logistics, health technology and Information and Communications Technology (ICT) support for Central Tuscany Public Health Entities (ASL10 Firenze, AOU Careggi, AOU Meyer, ASL3 Pistoia, ASL4 Prato, ASL11 Empoli and ISPO)
Viale Michelangiolo 41
50125 Florence
Italy

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Research and Development Project regarding "Distributed European Community Individual Patient Healthcare Electronic Record" (DECIPHER) Pre Commercial Procurement: Solution exploration, Prototyping and Original development of European wide test series of cross-border, mobile, secure and interoperable technologies integrated to access local patient health records.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 8: Research and development services
Main site or location of works, place of delivery or of performance: Premises of the Bidder but for the purpose of VAT and within the EU, R&D services are deemed to be delivered at the premises of the beneficiary of such services. At the end of the project, the Bidder is expected to produce a prototype which shall be delivered and tested at the premises of the Procuring Entity or of the any of the Procuring Authorities.

NUTS code ES511

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 9

Duration of the framework agreement

Duration in months: 22
II.1.5)Short description of the contract or purchase(s)
Bidders are invited to tender under this pre-commercial procurement (PCP) procedure for the provision of research and development services to seek solutions for a "Distributed European Community Individual Patient Healthcare Electronic Record" (DECIPHER).
DECIPHER PCP Project, funded under the 7th Framework Programme for research and technological development (FP7), challenges the industry to develop mobile solutions that enables secure cross-border access to existing patient healthcare portals and efficient and safe medical care of mobile patients in EU member states. These solutions shall be of special interest in the management of patients with chronic diseases or unplanned care episodes.

The procedure shall follow the Phased PCP model described by the European Commission in the Communication "Pre-commercial Procurement: Driving innovation to ensure sustainable high quality public services in Europe", Brussels, 14.12.2007. COM [2007] 799 final http://ec.europa.eu/invest-in-research/pdf/download_en/com_2007_799.pdf) as well as in a EC staff working document “Example of a possible approach for procuring R&D services applying risk-benefit sharing at market conditions, i.e. pre-commercial procurement”. SEC [2007] 1668), being designed as a competitive procedure for acquiring Research and Development ("R&D") services, which enable public procurers to:

— share the risks and benefits of designing, prototyping and testing of new products and services with the suppliers and other stake-holders such as the end-users;
— create the optimum conditions for wide commercialization and take-up of R&D results through standardization and/or publication;
— pool the efforts of several procurers to procure innovation within existing legal frameworks, giving an opportunity to develop different ideas in parallel that, eventually, could be capable of being selected for commercial public procurement in accordance with the Procurement Directives.
In particular, the DECIPHER PCP Procedure shall be divided into four Phases, in such a way that the number of Bidders shall decrease from one Phase to the next one to ensure selecting those that best address the technical challenge on which this PCP is based:
— Phase 0: Initial Selection.- Any bidder shall be entitled to submit a preliminary innovative solution, for which shall receive no payment (no budget nor payments at this stage).
This Phase shall approximately last up to 4 calendar months, being regulated by the provisions contained in this DECIPHER PCP Invitation to Tender (ITT) as well as in the DECIPHER PCP Challenge Brief (CB).
— Phase 1: Solution Design Selection.- A maximum of 9 Bidders awarded with the Phase 1 shall be entitled to submit a final design for an innovative solution, for which each bidder shall receive a maximum payment of 25.000 EUR (VAT excluded).
This Phase shall approximately last up to 5 calendar months, being regulated by the ITT, the CB and, in addition, by two additional contractual documents to be signed by the Bidders when awarded with the Phase 1: a Framework Agreement (FA) with provisions related to the three remaining Phases and a Contract governing Phase 1.
— Phase 2: Prototype Development Selection.- A maximum of 6 Bidders awarded with the Phase 2 shall be entitled to develop prototypes on the basis of the final innovative solutions selected at the end of Phase 1, for which each bidder shall receive a maximum payment of 52.500 EUR (VAT excluded).
This Phase shall approximately last up to 8 calendar months, being regulated by the ITT, the CB and, in addition, by the Framework Agreement signed by the bidder when awarded with Phase 1 and by a Contract governing Phase 2, to be signed by the Bidders when awarded with Phase 2.
— Phase 3: Proof of Concept.- A maximum of 3 Bidders awarded with the Phase 3 shall be entitled to produce and test a small scale products on the basis of the prototypes finally selected at the end of Phase 2, for which each bidder shall receive a maximum payment of 120.000 EUR (VAT excluded), which could be increased in the terms described in Section 4.1.
This Phase shall approximately last up to 9 calendar months, being regulated by the ITT, the CB and, in addition, by the Framework Agreement signed by the bidder when awarded with Phase 1 and by a Contract governing Phase 3, to be signed by the Bidders when awarded with Phase 3.
All procurement activity will be conducted by the Procuring Entity as single procuring entity to launch the DECIPHER PCP tender process on behalf of the other Consortium membersdescribed in Section I.
Estav Centro (Ente per i Servizi Tecnico-amministrativi di Area Vasta Centro), a Tuscany Regional Agency in charge of centralized procurement, logistics, health technology and Information and Communications Technology (ICT) support for Central Tuscany Public Health Entities (ASL10 Firenze, AOU Careggi, AOU Meyer, ASL3 Pistoia, ASL4 Prato, ASL11 Empoli and ISPO).
TICCSALUT, a public fundació attached to the Health Department of the Regional Government of Catalonia (Spain) that works to promote the development and use of ICT and networking in the field of health, acts as an observatory for new trends, innovation and monitoring of emerging initiatives and provides services for the standardization and accreditation of products.
CMFT-Trustech, an United Kingdom National Health Service (NHS) organization that aims to improve healthcare through the development of innovative products and services, providing consultancy services and expert advisory to help individuals and teams to develop and commercialize or disseminate their innovative products and services, to protect their intellectual property, as well as to manage their innovations and to introduce new technologies to meet clinical needs and improve patient care.
And three additional organisations (ANCI Innovazione/Italy, Barcelona Digital Centre Tecnològic/Spain, and VTT Technical Research Centre of Finland).

Please see: http://www.DECIPHERpcp.eu/ for more information.

II.1.6)Common procurement vocabulary (CPV)

73100000, 73110000, 73200000, 72223000, 72227000

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
The overall maximum amount for realizing the project corresponds to EUR 900 000 for the entire project (including all the phases), VAT excluded. For further information about the distribution of the financing please check the documentation available on the above mentioned website.
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 22 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Not applicable.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
See Invitation to Tender (ITT) Document.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: R&D services: The PCP is carried out under the explicit exemption for R&D services set out in article 16 (f) of Directive 2004/18/EC. Ownership of IPRs generated by a Bidder during and in the framework of the DECIPHER PCP Project will be assigned to such Bidder, and therefore the Procuring Entity shall not have any ownership rights in connection with such IPRs. Please, for more information about the treatment of the Intellectual Property Rights during the PCP, see Section 4.4 of the Invitation to Tender (ITT).
Bidders are asked to observe that the object of the procurement thus is restricted to cover R&D services and not products or other supplies, or commercial development activities and that these R&D services are not already financed otherwise.
For each of the phases described in Section II at least 60 % of the R&D services need to be performed within the EU Member States, or a country that is associated to the Seventh Framework Programme (FP7) and Horizon 2020. The bidder shall confirm that this contractual requirement can be honoured and fulfilled.
For each of the phases described in Section II at least 60 % of the R&D services need to be performed within the EU Member States, or a country that is associated to the Seventh Framework Programme (FP7) and Horizon 2020. The bidder shall confirm that this contractual requirement can be honoured and fulfilled.
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: To be eligible for participating in this contract award procedure, Bidders must not be in any of the situations mentioned in the Directive 2004/18/EC, articles 45 and 46.
Those requirements will be complemented with the reasons for exclusion described in the Invitation to Tender (ITT) Document.
III.2.2)Economic and financial ability
Minimum level(s) of standards possibly required: Economic operators must provide proof of their economic and financial capacity, according to the provisions described in the Invitation to Tender (ITT) Document.
III.2.3)Technical capacity
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
DECIPHER PCP. File 30.2013/0182 - 30.2014-0094
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2013/S 104-178450 of 31.5.2013

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Time limit for receipt of requests for documents or for accessing documents: 25.8.2014 - 12:00
IV.3.4)Time limit for receipt of tenders or requests to participate
25.8.2014 - 13:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
Spanish. English.
Other: Catalan.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders
Date: 15.9.2014

Place:

Agència de Qualitat i Avaluació Sanitàries de Catalunya (AQuAS) Roc Boronat, 81-95, 2a planta | E-08005 Barcelona.

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: yes
Reference to project(s) and/or programme(s): FP7-ICT-2011-7 DECIPHER (Grant Agreement: 288028
VI.3)Additional information
The Procuring Entity may invite economic operators to supplement or clarify the certificates and documents submitted pursuant to the present notice.

The call for tenders corresponding to Phase 0 shall be published at the Public Contracts Platform website of the Government of Catalonia (https://contractaciopublica.gencat.cat), together to all the selecting and awarding decisions of the DECIPHER PCP Procedure.

The tenders must be submitted in accordance with the directions provided by the ‘DECIPHER PCP Invitation to Tender' available on the above mentioned website. Applications must be sent exclusively to the address stated hereinabove.

Clarifications from the Procuring Entity related to any issue related to the DECIPHER PCP Procedure can be requested by the Bidders addressing in writing the following contact point e-mail address, specifically available for that purpose: DECIPHER.AQuAS@gencat.cat.

All questions or requests for clarification related to the DECIPHER PCP Procedure must have been received by the contact point not later than ten (10) days prior the deadline for Bid submission. Past this date no further dialogue will be possible.
All the questions and related answers produced under the former paragraph will be published over the abovementioned Public Contracts Platform website of the Government of Catalonia. The identity of the questionnaire will not be disclosed
(1) The Procuring Entity reserves the right to restrict changes to a consortium membership and to a Bidders' proposed subcontractors in accordance with requirements provided in the Invitation to Tender (ITT) Document.
(2) In accordance with law and the terms set out in the tender documents, the Procuring Entity reserves the right not to award contracts for Phases for which it has not received any favourable or suitable offer in relation to the Project; to stop, cancel, revoke, re-issue the PCP or not to award any Phase Contract for objective reasons (e.g. if prices submitted in the Bids exceed allocated budgets of the Procuring Entity or if prices are clearly disproportionate). The Procuring Entity assumes no obligation whatsoever to compensate or indemnify the Bidders or Contractors for any expense or loss they may incur in the preparation of their Bids (except as may follow from mandatory provisions of law).
(3) Nothing in this notice or in the Tender Documents, Framework Agreement, Phase Contracts or any other written or oral communication to the potential Bidders / Bidders from the Procuring Entity or its representatives shall generate any contractual obligations or intention to enter into any contract in the future.
(4) All dates and time periods specified in this contract notice are estimates and the Procuring Entity reserves the right to change these if allowed by the applicable laws or regulations.
(5) All potential Bidders are solely responsible for their costs and expenses incurred in connection with the preparation and submission of responses to the Invitation to Tender and any future stages of the selection and evaluation process. Under no circumstances will the Procuring Entity or any of their advisers be liable for any costs or expenses borne by the Bidder or any of its supply chain members or advisers in this process.
The Procuring Entity may invite economic operators to supplement or clarify the certificates and documents submitted pursuant to the present notice.

The present notice will be also advertised in the Public Contracts Platform website of the Government of Catalonia (https://contractaciopublica.gencat.cat), where all the selecting and awarding decisions of the DECIPHER PCP Procedure shall be published.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Any legal claim, petition or application for judicial review, with regard to the DECIPHER PCP Procedure, whether before civil law courts or administrative courts, shall be made in Spain. By submitting a Bid, the Bidder accepts the exclusive jurisdiction of Spanish Courts.
Decisions taken with regard to the selection of Bidders, awarding them with Phases 1, 2 or 3 or excluding them from the DECIPHER PCP Procedure should be challenged by means of an administrative remedy ("recurso de alzada") before the Head of the Health Department of the Government of Catalonia ("Conseller de Salut de la Generalitat de Catalunya") within a period of one month upon the formal notification of the decision. The decision of the Conseller de Salut dismissing the recurso de alzada could be challenged before the Administrative Courts ("Sala del Contenciós Administratiu del Tribunal Superior de Justícia de Catalunya") within a period of two months upon the formal notification of the decision.
Any dispute or claim arising out of or in connection with the execution of the Framework Agreement or of the Phases contracts entered into between the Procuring Entity and the Contractor, shall be heard by the Civil Courts ("Jutjats de Primera Instància de Barcelona").
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
25.6.2014