Supplies - 257121-2013

01/08/2013    S148    - - Supplies - Contract notice - Competitive dialogue 

United Kingdom-Manchester: Radiotherapy devices and supplies

2013/S 148-257121

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

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

The Christie NHS Foundation Trust
Wilmslow Road, Withington
For the attention of: Bernie Foley
M20 4BX Manchester
United Kingdom
Telephone: +44 7748782999

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
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1.1)Title attributed to the contract by the contracting authority:
Supply, Installation & Maintenance of Equipment and Services for the delivery of Proton Beam Therapy in Manchester & London.
II.1.2)Type of contract and location of works, place of delivery or of performance
Main site or location of works, place of delivery or of performance: The Christie NHS Foundation Trust
Wilmslow Road, Withington
M20 4BX Manchester
University College London Hospitals NHS Foundation Trust
250 Euston Road

NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
Supply of Proton Beam Therapy Equipment;
Supply of Proton Beam Therapy Services;
Installation of Proton Beam Therapy Equipment; and
Maintenance of Proton Beam Therapy Equipment.
The Christie NHS Foundation Trust (The Christie) and University College London Hospitals NHS Foundation Trust (UCLH) (individually and together referred to as the “Authority”), are planning to develop a National Proton Beam Therapy (PBT) Service treating up to 1,500 patients per annum over two sites with around 300 of these patients as Paediatric. This is in line with the Government Policy, Improving Outcomes and A Strategy for Cancer (2011).
The procurement will be undertaken using the Competitive Dialogue Procedure in accordance with the Public Contract Regulations (SI 2006/S). This Procurement seeks to secure for the Authority, Equipment and Services for PBT and will also explore the range of methods available for the financing of the Equipment and Services. Potential Bidders should note that site build requirements are excluded from this Procurement and will be procured separately, however the Authority's requirements will be discussed with Shortlisted Bidders in greater detail during the Competitive Dialogue process and in addition to the requirements detailed below, will include installation, acceptance testing, Quality Assurance, warranties, spare parts, repairs, power consumption, patient workflow, ancillary Equipment, third party integration, and may include design, building/engineering interface, documents and other associated needs. The Authority reserves the right to evaluate the integration between the supply of PBT (which is the subject of this Notice) and the construction works contract (to be separately procured) as part of this Competitive Dialogue process.
It is intended for the National PBT service should be developed on the two sites to:
— Ensure that all patients, for whom evidence supports PBT as the most clinically effective treatment, receive treatment within a clinically appropriate service specification and to nationally agreed standards;
— Ensure that services provided enable the continued development of the technologies involved and that workforce and training issues are appropriately addressed; and
— Deliver improved outcomes by ensuring that patients have access to high quality modern radiotherapy techniques, comparable to those used in other European countries, to improve outcomes and improve patients' experience by minimising any long-term side effects of treatment.
It is further intended that this joint procurement between The Christie and UCLH will result in the selection of a single supplier to both Trusts, with contracts held separately by each Trust with the supplier. The process to identify a successful Bidder will be run by the Authority and the decision to award a contract to that Bidder will be subject to approval by the relevant Board of Directors for each Trust, the NHS Commissioning Board, Department of Health and HM Treasury through the Full Business Case (FBC). Monitor, the independent regulator of Foundation Trusts, will also assess the impact of the FBC for each Trust. No contract will be entered into until after these approvals and authorisations have taken place.
It should be noted that the contracting authority may require Bidders to provide a deed of guarantee, particularly where a Bidder's financial position is less robust than that of its parent company, or another group or associate company with adequate assets who agrees to indemnify the Authority against specific losses, liabilities and expenses incurred if the Bidder defaults on its contractual obligations.
Expressions of interest are invited from organisations with the appropriate capability to tender for an Agreement with the Authority for the provision of Proton Beam Therapy Equipment and Services. As part of the Competitive Dialogue stage of the Procurement process, Shortlisted Bidders will be invited to propose Equipment and Services to deliver Proton Beam Therapy. Although specific details may vary between the UCLH and Christie sites, Shortlisted Bidders will need to provide solutions that facilitate common treatment protocols for Proton Beam Therapy across both sites and a common infrastructure for technical support.
It is intended that the Agreements will operate for a period of twenty years and Potential Bidders should note the following high level needs for the UK proton beam therapy Equipment and Services:
The aim is to deliver a National Proton Therapy Service able to cover the DH Indication List, with a highly complex case mix of paediatric and adult tumours, on two sites, UCLH FT in London and the Christie NHS FT in Manchester. To that end, although specific details may vary across sites, Bidders need to provide functionally equivalent systems on the two sites.
The following are mandatory requirements:
— It shall be safe for patients, staff and the general public and shall be highly reliable.
— It shall deliver proton radiotherapy for the prescribed DH Indication List with improved dose distributions compared to photon radiotherapy.
— It is a legal requirement that all Equipment supplied must have received CE Marking prior to patient treatment. Potential Bidders proposing non CE marked Equipment will be required to clearly identify this, along with their plan to achieve and relevant experience of achieving CE marking.
— The Equipment must be compatible with UK radiation protection, health and safety and other relevant legal requirements and standards.
— The centre should provide value for money as assessed by total lifetime costs.
— Each facility must contain at least 3 treatment rooms.
In addition both UCLH and The Christie would like to explore a flexible 4th room for research and possible clinical expansion provided it can be shown that the operation of a 4th room will in no way detriment the clinical delivery of PBT in the other three rooms.
The Authority intends to deliver Proton Beam Therapy using only spot scanning, including IMPT.
II.1.6)Common procurement vocabulary (CPV)

33151000, 33151400, 38341200, 33150000, 50421000, 51413000

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Please see II.1.5.
II.2.2)Information about options
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Duration in months: 240 (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:
Parent company or other guarantees may be required in certain circumstances.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Payment regime for goods and services to be agreed with successful bidder.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
The successful bidder will be expected to be in a legal form that allows the Authority to contract with a single legal entity. Each party to the successful tender will be required to assume joint and several liability.
III.1.4)Other particular conditions
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: In accordance with article 47 of directive 2004/18/EC and Regulation 24 of the PCRs 2006 and as set out in the PQQ document available on/at the internet address detailed at VI.3.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
In accordance with article 48 of directive 2004/18/EC and Regulation 25 of the PCRs 2006 and as set out in the PQQ document available on/at the internet address detailed at VI.3.
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

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
competitive dialogue
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 3: and maximum number 4
Objective criteria for choosing the limited number of candidates: Candidates will be assessed in accordance with Regulations 23, 24, 25 and 26 of the Public Contracts Regulations 2006 to assess eligibility and capability. A full breakdown is set out as part of the PQQ. The Authority intends to invite three candidates to participate in dialogue. The Authority reserves the right to invite the fourth placed bidder (and only the fourth placed bidder) to participate in the dialogue stage where there is a difference of 5% or less between the score awarded to each of the third and fourth placed bidders.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes
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:
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2010/S 249-381184 of 23.12.2010

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
30.8.2013 - 12:00
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
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
VI.3)Additional information

To receive more information about the PQQ, including any amendments and/or clarifications and to respond to the PQQ you must register onto the following website: where you can obtain the PQQ documentation, complete it and upload it back onto the site.

Suppliers Instructions How to Express Interest in this Tender~: 1. Register your company on the eSourcing portal (this is only required once) - Browse to the eSourcing Portal: and click the link to register - Accept the terms and conditions and click ‘continue' - Enter your correct business and user details - Note the username you chose and click ‘Save' when complete - You will shortly receive an email with your unique password (please keep this secure) 2. Express an Interest in the tender - Login to the portal with the username/password - Click the ‘PQQs / ITTs Open To All Suppliers' link. (These are Pre-Qualification Questionnaires or Invitations to Tender open to any registered supplier) — Click on the relevant PQQ/ ITT to access the content. - Click the ‘Express Interest' button at the top of the page. - This will move the PQQ /ITT into your ‘My PQQs/ My ITTs' page. (This is a secure area reserved for your projects only) -You can now access any attachments by clicking ‘Buyer Attachments' in the ‘PQQ/ ITT Details' box 3. Responding to the tender - Click ‘My Response' under ‘PQQ/ ITT Details', you can choose to ‘Create Response' or to ‘Decline to Respond' (please give a reason if declining) - You can now use the ‘Messages' function to communicate with the buyer and seek any clarification - Note the deadline for completion, then follow the onscreen instructions to complete the PQQ/ ITT - There may be a mixture of online and offline actions for you to perform (there is detailed online help available) You must then submit your reply using the ‘Submit Response' button at the top of the page. If you require any further assistance please consult the online help, or contact the eTendering help desk.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

The Royal Courts of Justice
WC2A 2LL London
United Kingdom
Telephone: +44 2079476655
Internet address:

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Authority will incorporate a standstill period, for a minimum 10 calendar day period, at the point at which information on the award of the Agreement is communicated to tenderers. That notification will provide full information on the award decision.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice: