Supply of Insulin Pump Solutions
The Supply of Insulin Pump Solutions (including Pumps, Related Consumables, Home Delivery Service and Support).
United Kingdom-Chester: Medicinal products used in diabetes
Section I: Contracting authority
I.1)Name, addresses and contact point(s)
Countess of Chester Hospital NHS Foundation Trust
CH2 1UL Chester
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
Section II: Object of the contract
II.1.1)Title attributed to the contract by the contracting authority:
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: UK.
NUTS code UK
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Information on framework agreement
maximum number of participants to the framework agreement envisaged: 10
Duration of the framework agreement
Duration in years: 2
Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT:
Range: between 1 000 000 and 3 500 000 GBP
II.1.5)Short description of the contract or purchase(s)
As a range of insulin pump solutions is required to meet the varying needs of patients with diabetes, the Trust is seeking to establish a multi-supplier framework to ensure that all patient needs can be met.
It is anticipated that no less than 4 and no more than 10 suppliers will be appointed to the framework agreement.
As this is a framework agreement no commitment on any volumes or spend is offered.
The framework agreement term will be 2 years with the option to extend for up to a further 2 years, in 1 year increments.
II.1.6)Common procurement vocabulary (CPV)
II.1.7)Information about Government Procurement Agreement (GPA)
II.1.9)Information about variants
II.2.2)Information about options
Description of these options: The framework agreement is for a 2 year period with the option to extend for up to a further 2 years, in 2 year increments.
II.3)Duration of the contract or time limit for completion
Section III: Legal, economic, financial and technical information
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: 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: https://www.nhssourcing.co.uk 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.
Licensing and registration (Registration with a professional body) If applicable, is your business registered with the appropriate trade or Professional register(s) in the EU member state where it is established (as set out in Annex XI of directive 2014/24/EU) under the conditions laid down by that member state)? (Yes/No) If Yes, please provide the registration number Is it a legal requirement in the state where you are established for you to be licensed or a member of a relevant organisation in order to provide the requirement in this procurement? (Yes/No) If Yes, please provide additional details Grounds for mandatory exclusion You will be excluded from the procurement process if there is evidence of convictions relating to specific criminal offences including, but not limited to, bribery, corruption, conspiracy, terrorism, fraud and money laundering, or if you have been the subject of a binding legal decision which found a breach of legal obligations to pay tax or social security obligations (except where this is disproportionate e.g. only minor amounts involved). If you have answered ‘yes’ to the question on the non-payment of taxes or social security contributions, and have not paid or entered into a binding arrangement to pay the full amount, you may still avoid exclusion if only minor tax or social security contributions are unpaid or if you have not yet had time to fulfil your obligations since learning of the exact amount due. If your organisation is in that position please provide details using a separate attachment. Within the past five years, has your organisation (or any member of your proposed consortium, if applicable),Directors or partner or any other person who has powers of representation, decision or control been convicted of any of the following offences?
(a) conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime;
(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906;
(c) the common law offence of bribery;
(d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010; or section 113 of the Representation of the People Act 1983;
(e) any of the following offences, where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities:
(i) the offence of cheating the Revenue;
(ii) the offence of conspiracy to defraud;
(iii) fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978;
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
(vii) destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969;
(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or
(ix) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act;
(f) any offence listed:
(i) in section 41 of the Counter Terrorism Act 2008; or
(ii) in Schedule 2 to that Act where the court has determined that there is a terrorist connection;
g) any offence under sections 44 to 46 of the Serious Crime Act 2007 which relates to an offence covered by subparagraph (f);
(h) money laundering within the meaning of sections 340(11) and 415 of the Proceeds of Crime Act 2002;
(i) an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988 or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;
(j) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004;
(k) an offence under section 59A of the Sexual Offences Act 2003;
(l) an offence under section 71 of the Coroners and Justice Act 2009;
(m) an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or
(n) any other offence within the meaning of Article 57(1) of the Public Contracts Directive:
(i) as defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or
(ii) created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland. Non-payment of taxes Has it been established by a judicial or administrative decision having final and binding effect in accordance with the legal provisions of any part of the United Kingdom or the legal provisions of the country in which your organisation is established (if outside the UK), that your organisation is in breach of obligations related to the payment of tax or social security contributions? If you have answered Yes to this question, please use a separate attachment attachment as part of your tender response to provide further details. Please also use this Appendix to confirm whether you have paid, or have entered into a binding arrangement with a view to paying, including, where applicable, any accrued interest and/or fines? Grounds for discretionary exclusion — Part 1 The authority may exclude any Supplier who answers ‘Yes’ in any of the following situations set out in paragraphs (a) to (i); Within the past 3 years, please indicate if any of the following situations have applied, or currently apply, to your organisation.
a) your organisation has violated applicable obligations referred to in regulation 56 (2) of the Public Contract Regulations 2015 in the fields of environmental, social and labour law established by EU law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X to the Public Contracts Directive as amended from time to time;
b) your organisation is bankrupt or is the subject of insolvency or winding-up proceedings, where your assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State;
c) your organisation is guilty of grave professional misconduct, which renders its integrity questionable;
d) your organisation has entered into agreements with other economic operators aimed at distorting competition;
e) your organisation has a conflict of interest within the meaning of regulation 24 of the Public Contract Regulations 2015 that cannot be effectively remedied by other, less intrusive, measures;
f) the prior involvement of your organisation in the preparation of the procurement procedure has resulted in a distortion of competition, as referred to in regulation 41, that cannot be remedied by other, less intrusive, measures;
g) your organisation has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions;
(h) your organisation:
(i) has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or
(ii) has withheld such information or is not able to submit supporting documents required under regulation 59 of the Public Contract Regulations 2015; or
(i) your organisation has undertaken to (aa) unduly influence the decision-making process of the contracting authority, or (bb) obtain confidential information that may confer upon your organisation undue advantages in the procurement procedure; or
(j) your organisation has negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award Conflicts of interest The authority may exclude the Supplier if there is a conflict of interest which cannot be effectively remedied. The concept of a conflict of interest includes any situation where relevant staff members have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure. Where there is any indication that a conflict of interest exists or may arise then it is the responsibility of the Supplier to inform the authority, detailing the conflict in a separate attachment as part of their tender response. Taking Account of Bidders’ Past Performance The authority may assess the past performance of a Supplier through a Certificate of Performance provided by a Customer or other means of evidence). The authority may take into account any failure to discharge obligations under the previous principal relevant contracts of the Supplier completing this ITT. The Authority may also assess whether specified minimum standards for reliability for such contracts are met. In addition, the authority may re-assess reliability based on past performance at key stages in the procurement process (i.e. supplier selection, tender evaluation, contract award stage etc.). Suppliers may also be asked to update the evidence they provide in this section to reflect more recent performance on new or existing contracts (or to confirm that nothing has changed). ‘Self-cleaning’ Any Supplier that answers ‘Yes’ to any of the grounds for discretionary exclusion questions should provide sufficient evidence, in a separate attachment, that provides a summary of the circumstances and any remedial action that has taken place subsequently and effectively ‘self cleans’ the situation referred to in that question. The supplier has to demonstrate it has taken such remedial action, to the satisfaction of the authority in each case. If such evidence is considered by the authority (whose decision will be final) as sufficient, the economic operator concerned shall be allowed to continue in the procurement process. In order for the evidence referred to above to be sufficient, the Supplier shall, as a minimum, prove that it has:
— paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct;
— clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities; and
— taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct.
The measures taken by the Supplier shall be evaluated taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the measures are considered by the Authority to be insufficient, the Supplier shall be given a statement of the reasons for that decision. Suppliers who self-certify that they meet the requirements for these additional modules will be required to provide evidence of this if they are successful at contract award stage. Scope of Requirements (yes = in / no = out) Tenderers must confirm as part of their response by answering yes or no that their organisation has the experience and capability to undertake the full scope of requirements outlined in the Specification of Requirements (Schedule D of the Invitation to Tender Document). Please note: if your response demonstrates that you are not able to meet any of the requirements, your bid will be considered non-compliant and excluded from the process. Insurance Please self-certify whether you already have, or can commit to obtain, prior to the commencement of the contract, the levels of insurance cover indicated below: Employer’s (Compulsory) Liability Insurance = 5 000 000 GBP Public Liability Insurance = 5 000 000 GBP Professional Indemnity Insurance = 5 000 000 GBP Compliance with equality legislation For organisations working outside of the UK please refer to equivalent legislation in the country that you are located. In the last three years, has any finding of unlawful discrimination been made against your organisation by an Employment Tribunal, an Employment Appeal Tribunal or any other court (or in comparable proceedings in any jurisdiction other than the UK)? In the last 3 years, has your organisation had a complaint upheld following an investigation by the Equality and Human Rights Commission or its predecessors (or a comparable body in any jurisdiction other than the UK), on grounds or alleged unlawful discrimination? If you have answered ‘yes’ to one or both of the questions in this module, please provide as a separate Appendix, a summary of the nature of the investigation and an explanation of the outcome of the investigation to date. If the investigation upheld the complaint against your organisation, please use the Appendix to explain what action (if any) you have taken to prevent unlawful discrimination from reoccurring You may be excluded if you are unable to demonstrate to the Authority’s satisfaction that appropriate remedial action has been taken to prevent similar unlawful discrimination reoccurring. If you use sub-contractors, do you have processes in place to check whether any of the above circumstances apply to these other organisations? You may be excluded if you are unable to demonstrate to the Authority’s satisfaction that appropriate remedial action has been taken to prevent similar unlawful discrimination reoccurring. Environmental Management Has your organisation been convicted of breaching environmental legislation, or had any notice served upon it, in the last three years by any environmental regulator or authority (including local authority)? If your answer to the this question is ‘Yes’, please provide details in a separate Appendix of the conviction or notice and details of any remedial action or changes you have made as a result of conviction or notices served. The Authority will not select bidder(s) that have been prosecuted or served notice under environmental legislation in the last 3 years, unless the Authority is satisfied that appropriate remedial action has been taken to prevent future occurrences/breaches. If you use sub-contractors, do you have processes in place to check whether any of these organisations have been convicted or had a notice served upon them for infringement of environmental legislation? Health and Safety Please self-certify that your organisation has a Health and Safety Policy that complies with current legislative requirements. Has your organisation or any of its Directors or Executive Officers been in receipt of enforcement/remedial orders in relation to the Health and Safety Executive (or equivalent body) in the last 3 years? If your answer to this question was ‘Yes’, please provide details in a separate Appendix of any enforcement/ remedial orders served and give details of any remedial action or changes to procedures you have made as a result. The Authority will exclude bidder(s) that have been in receipt of enforcement/remedial action orders unless the bidder(s) can demonstrate to the Authority’s satisfaction that appropriate remedial action has been taken to prevent future occurrences or breaches If you use sub-contractors, do you have processes in place to check whether any of the above circumstances apply to these other organisations? I understand that the Authority may reject my submission if there is a failure to answer all relevant questions fully or if I provide false/misleading information. Where relevant, I have provided additional information in response to questions.
III.2.2)Economic and financial ability
If any Tenderer is assessed as moderate or high risk, the Trust reserves the right to eliminate the Tenderer from further stages of the procurement process.
Banking Facilities and Loan Agreements: Tenderers are expected to be able to confirm that they have met the terms of their banking facilities and loan agreements (if any) during the past year.
Obligations to Pay Creditors: Tenderers must be able to confirm that they have met all of their obligations to pay creditors and staff during the past year.
Tenderers must confirm that they have the capability and experience to successfully deliver the scope of requirements described in Schedule D Specification of the Invitation to Tender document.
Please note that Tenderers are only required to meet the requirements for the type of pump that they are bidding to supply (e.g. if a tenderer is only bidding to provide pumps for adult patients then they will not need to meet the requirements that are specific to paediatric patients).
Section IV: Procedure
IV.1.1)Type of procedure
IV.2.2)Information about electronic auction
IV.3.1)File reference number attributed by the contracting authority:
IV.3.4)Time limit for receipt of tenders or requests to participate
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
Section VI: Complementary information
The Contracting Authority expressly reserves the right:
(i) not to award any contract as a result of the procurement process commenced by publication of this notice; and
(ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will the Contracting Authority be liable for any costs incurred by the candidates. If the Contracting Authority decides to enter into a Framework Agreement with the successful supplier, this does not mean that there is any guarantee of subsequent contracts being awarded. Any expenditure, work or effort undertaken prior to contract award is accordingly a matter solely for the commercial judgement of potential suppliers.
The value provided in Section II.1.4) is an estimate. We cannot guarantee to suppliers any business through this framework agreement.
The Countess of Chester Hospital NHS Foundation Trust.
wishes to establish a Framework Agreement for use by the Countess of Chester Hospital NHS Foundation Trust (the Trust) and West Cheshire Clinical Commissioning Group. The framework agreement may also be utilised by Wirral University Teaching Hospital and Wirral Clinical Commissioning Group, subject to agreement from the Trust.
VI.5)Date of dispatch of this notice: