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Spain-Barcelona: Research and experimental development services
Section I: Contracting authority
Main address: http://antisuperbugs.eu/
Address of the buyer profile: https://contractaciopublica.gencat.cat/ecofin_pscp/AppJava/perfil/AQuAS
Section II: Object
Pre–commercial Procurement to buy R&D Services to Early Detecting Micro‐organisms that may Determine the Incurrence of Hospital-Acquired Infections and to Controlling the Diffusion of Infections
This Contract Notice invites interested operators to submit tenders to a procurement.
The procurement aims to trigger new solutions to be developed and tested to address the following challenges:
— reducing both the healthcare and governmental costs and the operational impact resulting from infections caused by MDROs,
— improving the appropriateness and effectiveness of antimicrobial medicine usage,
— reducing the community and social care impact of MDROs acquired at hospitals through technologies that will transform current surveillance and Infections control systems into new comprehensive systems.
This PCP procurement is a joint procurement by different procurers across Europe that are all facing the same common challenge and are thus looking for similar solutions (so-called ‘buyers group’).
For each Phase at least 51 % of the R&D services need to be performed within the EU Member States, or a country that is associated to the Horizon 2020.
This is a joint procurement involving different countries, and the state applicable national procurement law is the Spanish one.
The lead procurer (Agència de Qualitat i Avaluació Sanitària de Catalunya) is appointed to coordinate and lead the joint PCP, and to sign and award the framework agreement and the specific contracts for all phases of the PCP, in the name and on behalf of the following buyers group:
— ICO/ VINCat (Catalan Institute of Oncology/Catalan Nosocomial Infections Surveillance). Spain,
— UKA (Aachen University Hospital). Germany,
— STH (Sheffield Teaching Hospitals NHS Foundation Trust. UK,
— PAT (Provincia Autonoma di Trento). Italy,
— Helios (Helios Universitätsklinikum Wuppertal). Germany,
— FMT (Fundació Mutua de Terrassa). Spain.
The lead procurer is not part of the buyers group.
The procurement will take the form of a pre-Commercial Procurement (PCP) under which R&D service contracts will be awarded to a number of R&D providers in parallel in a phased approach. This will make it possible to compare competing alternative solutions.
Each selected operator will be awarded a framework agreement that covers 3 R&D phases. The 3 phases are:
— R&D up to solution design,
— R&D up to a prototype,
— R&D up to original development, validation and testing of a limited set of first products or services.
Testing is expected to take place in the facilities of the members of the buyers group FMT, PAT and Helios.
This testing may also serve as a first customer test reference for the contractors. The procurement – from the tender procedure until the subsequent performance of contracts – is expected to start in 28.7.2019 and to end in 31.8.2021.
The selected operators will retain ownership of the Intellectual Property Rights (IPRs) that they generate during the PCP and will be able to use them to exploit the full market potential of the developed solutions beyond the procurers.
This procurement receives funding from the European Union’s Horizon 2020 Research and Innovation Programme (H2020-EU.2.1. - INDUSTRIAL LEADERSHIP- Leadership in enabling and industrial technologies- Information and Communication Technologies (ICT)) under Grant Agreement No.688878. The EU has given a grant for this procurement, but is not participating as a contracting authority in the procurement.
Section III: Legal, economic, financial and technical information
Section IV: Procedure
C. Roc Boronat, 81-95
Section VI: Complementary information
Participation in the open market consultation that was held as part of the preparation for this procurement is not a prerequisite for submitting a tender.
This procurement is exempted from the WTO Government Procurement Agreement (GPA), the EU public procurement directives and the national laws that implement them. This is because it concerns the procurement of R&D services where the benefits do not accrue exclusively to the contracting authority for its use in the conduct of its own affairs.
Publication of this Contract Notice in the EU Official Journal is not to be understood as a waiver of this exemption. Publication is made on a voluntary basis and the procurement will not follow the procedures under the EU public procurement directives, but rather the procedure described in the tender documentation.
The open procedure was chosen in Section IV.1.1) ‘Procedure’ for formal reasons only. This is because it is not possible to publish a contract notice without selecting one of the listed procedures.
Offers may be submitted in English and either Catalan or Spanish (please read the request for tenders document). All communication (before, during and after the procurement) can be made in English, Spanish and Catalan (please read the request for tenders document).
The project website http://antisuperbugs.eu/
The open market consultation Q&A http://antisuperbugs.eu/index.php/market-consultation-2/
PCPs on the Europa website (see https://ec.europa.eu/digital-single-market/innovation-procurement) or contact:
The procurement is exempted from the EU public procurement directives (including the EU procurement remedies directives 89/665/EEC and 92/13/EEC — see above) and the national laws that implement them.
Publication of this notice in the Official Journal is not to be understood as a waiver of this exemption by the contracting authority.
Any legal claim, petition or application for judicial review, with regard to the Anti-Superbugs PCP procedure, whether before civil or administrative courts, shall be made before the Spanish jurisdiction. By submitting a bid, the bidder accepts the exclusive jurisdiction of Spanish courts and waives any other jurisdiction which may correspond to them.
Decisions taken with regard to the selection of bidders, awarding them with Phases 1, 2 or 3 or excluding them from the Anti-Superbugs 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 (‘Consellera de Salut de la Generalitat de Catalunya’) within a period of maximum one month upon the formal notification of the decision. The decision of the head of the health department dismissing the ‘recurso de alzada’ could be challenged before the administrative courts (‘Sala de lo Contencioso Administrativo del Tribunal Superior de Justicia de Cataluña’) within a period of 2 months upon the formal notification of the decision.
Any dispute or claim arising out of or in connection with the execution of the FA or of the Phases contracts entered into between the lead procurer and the contractor, shall be heard by the civil courts (‘Juzgados de Primera Instancia de Barcelona’).