Erythropoietin cancer services
Framework agreement for Erythropoietin cancer services.
UK-Leeds: pharmaceutical products
2012/S 58-094615
Contract notice
Supplies
Directive 2004/18/EC
Section I: Contracting authority
I.1)Name, addresses and contact point(s)
Leeds Teaching Hospitals NHS Trust
Yorkshire & Humber NHS Pharmaceutical Purchasing Consortia, Leeds Teaching Hospitals NHS Trust, Pharmacy, Moor House, 125 Moor Road, Hunslet
For the attention of: Ms Lisa Clarke
LS10 2JQ Leeds
UNITED KINGDOM
Telephone: +44 1133927026
E-mail: lisa-jane.clarke@leedsth.nhs.uk
Fax: +44 1133927019
Further information can be obtained from: Leeds Teaching Hospitals NHS Trust
www.leedsth-tenders.co.uk
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Leeds Teaching Hospitals NHS Trust
www.leedsth-tenders.co.uk
Tenders or requests to participate must be sent to: Leeds Teaching Hospitals NHS Trust
www.leedsth-tenders.co.uk
I.2)Type of the contracting authority
Regional or local authority
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
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Framework agreement for Erythropoietin cancer services.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
Main site or location of works, place of delivery or of performance: Various Trusts within Yorkshire & Humber NHS Pharmaceutical Purchasing Consortia.
NUTS code UKE
Purchase
Main site or location of works, place of delivery or of performance: Various Trusts within Yorkshire & Humber NHS Pharmaceutical Purchasing Consortia.
NUTS code UKE
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
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 3
Duration of the framework agreement
maximum number of participants to the framework agreement envisaged: 3
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: 1 400 000 GBP
II.1.5)Short description of the contract or purchase(s)
Framework agreement for the supply of Erythropoietin products for cancer services to Trusts within the Yorkshire & Humber NHS Pharmaceutical Purchasing Consortia. The contract will be for 2 years 1.10.2012 to 30.9.2014 with an option to extend for a further 2 years.
II.1.6)Common procurement vocabulary (CPV)
33600000
II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
During the last 12 months the average annual spend was approximately 569 000 GBP details of total quantities of product can be found in the tender document. Documents must be requested via the e-tendering portal www.leedsth-tenders.co.uk Ref -DNWD-8SDKEU.
II.2.2)Information about options
Options: yes
Description of these options: There will be an option to extend the framework agreement for up to a further 2 years.
Description of these options: There will be an option to extend the framework agreement for up to a further 2 years.
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Duration in months: 24 (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:
N/A.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
To be agreed between parties.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
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
Information and formalities necessary for evaluating if the requirements are met: Any supplier may be disqualified who:
(a) Is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) Is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) Has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) Has been guilty of grave professional misconduct proven by any means which the contract authorities can demonstrate;
(e) Has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) Has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) Is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) Has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) Has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j) Has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) Has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
(a) Is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) Is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) Has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) Has been guilty of grave professional misconduct proven by any means which the contract authorities can demonstrate;
(e) Has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) Has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) Is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) Has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) Has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j) Has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) Has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: (a) Appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;
(b) The presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;
(c) A statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 3 financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information of these turnovers is available.
(b) The presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;
(c) A statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 3 financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information of these turnovers is available.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
(a) A list of the works carried out over the past 5 years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) A list of the principal deliveries effected or the main services provided in the past 3 years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given:
— Where the recipient was a contracting authority, in the form of certificates issues or countersigned by the competent authority,
— Where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator.
(c) An indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
(d) A description of the technical facilities and measures used by the supplier or service provider for ensuring quality and the undertaking’s study and research facilities;
(e) Where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capabilities of the supplier or the technical capacity of the service provider and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate;
(f) The educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
(g) For public works contracts and public services contracts, and only in appropriate cases, and indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
(h) A statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last 3 years;
(i) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contracts;
(j) An indication of the proportion of the contract which the services provider intends possibly to subcontract;
(k) With regard to the products to be supplied:
(I) Samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so request;
(II) Certificates drawn up by official quality control institutes or agencies of recognized competence attesting the conformity of products clearly identified by references to specifications or standards.
(a) A list of the works carried out over the past 5 years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) A list of the principal deliveries effected or the main services provided in the past 3 years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given:
— Where the recipient was a contracting authority, in the form of certificates issues or countersigned by the competent authority,
— Where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator.
(c) An indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
(d) A description of the technical facilities and measures used by the supplier or service provider for ensuring quality and the undertaking’s study and research facilities;
(e) Where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capabilities of the supplier or the technical capacity of the service provider and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate;
(f) The educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
(g) For public works contracts and public services contracts, and only in appropriate cases, and indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
(h) A statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last 3 years;
(i) A statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contracts;
(j) An indication of the proportion of the contract which the services provider intends possibly to subcontract;
(k) With regard to the products to be supplied:
(I) Samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so request;
(II) Certificates drawn up by official quality control institutes or agencies of recognized competence attesting the conformity of products clearly identified by references to specifications or standards.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
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: no
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:
DNWD-8SDKEU
IV.3.2)Previous publication(s) concerning the same contract
no
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: 24.4.2012 – 12:00
Payable documents: no
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
2.5.2012 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
21.3.2012
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
in days: 270 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening tenders
Date: 2.5.2012 – 12:00
Persons authorised to be present at the opening of tenders: no
Persons authorised to be present at the opening of tenders: no
Section VI: Complementary information
VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published: 2 Years
Estimated timing for further notices to be published: 2 Years
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
All participants to this tender exercise must register their interest and return tender documents via the e-tendering system at www.leedsth-tenders.co.uk.
Browse to the Leeds Teaching Hospitals NHS Trust e-tendering Portal: www.leedsth-tenders.co.uk;
2. You will need to register on the system if you are not already. Help with the registration can be found at the bottom right hand side of the page – Supplier Guide How to do Business;
3. Once registered, Login to the system – help is on hand at the bottom right hand side of the screen again – Supplier Guide First time Login.
If you need support with any aspect of the registration, login or using the system the first point of contact would be the help documents on the bottom right of the page. Failing that, please contact support at the top of the tendering page. Please note Leeds Teaching Hospitals NHS Trust is not liable for any costs incurred by the respondents to this advert or any subsequent tender exercise. Leeds Teaching Hospitals NHS Trust reserves the right not to award a contract if circumstances dictate. Leeds Teaching Hospitals NHS Trust would welcome responses from Small to Medium Enterprises (SME) as defined by the Department for Business Enterprise and Regulatory Reform (BERR) capable of supplying all products and/or services detailed.
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: This Authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicants have 2 working days from notification of the award decision to request additional debriefing and that information has to be provided a minimum of 3 working days before expiry of the standstill period. Such additional information should be requested from the address in Section 1.1. If an appeal regarding the award of a contract has not been successfully resolved the (for Public Sector) Public Contracts Regulations 2006 (SI 2006 No 5) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (generally within 3 months). Where a contract has not been entered into the court may order the settling aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the court may only award damages.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
20.3.2012