Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2016-03-11
Buyer: Colchester Hospital University NHS Foundation Trust
Country: UK
Region: Essex
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 33113000: Magnetic resonance imaging equipment | 45000000: Construction work | 45215100 | 45215140 | 45215143
Estimated value: 14500000 GBP
Award criteria: The most economic tender

Technical requirements: Colchester Hospital University NHS Foundation Trust (The Trust) intends to enter into a MRI services contract with Alliance Medical Limited (AML). The Trust will also lease part of the Trust site to AML on which AML proposes to build a multi-modality diagnostic and imaging centre.
Contract for MRI services: This is a call-off contract from the NHS Supply Chain Framework Agreement for the Supply of Mobile and Strategic Clinical Solutions and Associated Goods (which was advertised in the OJEU on 4.4.2014 Ref 2014/S 067-115058) (‘the Framework Agreement’), Lot 3: Strategic Clinical Solutions — imaging. AML entered into the Framework Agreement on 16.2.2015. The duration of the contract for MRI services will be 10 years.
Lease of Trust land to AML and development agreement: AML propose to take a lease of part of the Trust site on which AML propose to construct and operate a multi-modality diagnostic and imaging centre (‘the Facility’). A part of the Facility will be sub-let to the Trust from which the Trust will provide a nuclear medicine service.
Contract for MRI services: AML is a participant on the Framework Agreement (see Section II.2.4)), Lot 3. The Framework Agreement permits direct awards in respect of MRI services to be made where the Trust has identified a service need which can only be met by 1 supplier due to specialist service, service availability or time bound constraints. AML is the only supplier that can meet the Trust's needs. AML was, following a national procurement, awarded a contract to provide PET CT services to NHS England and to provide a static facility for those services which will be on the Trust site. The Trust also has an urgent need for MRI services to be provided from a fit for purpose MRI facility (to enable A&E to expand into the existing MRI space and to deal with activity demand for MRI). The specialist nature of the MRI service is such that there are strong clinical / patient pathway reasons for having the MRI service in close proximity to the PET CT service (provided by AML to NHSE) and nuclear medicine services (which will be provided by the Trust) and it is therefore proposed that all 3 services will be housed within the Facility. This service configuration (and the associated clinical and estates benefits) can only be made available by AML due to their existing commitment to NHSE. This opportunity is available for a limited time only and the Facility will be available for use by September 2017. There are therefore very clear specialist service, service availability and time bound reasons why it is appropriate for the Trust to enter into the call-off contract with AML.
Lease of Trust land to AML and development agreement: The Trust will lease the land on which the Facility will be built to AML. The Trust will not however place any legal obligation on AML to build the Facility. In the event that AML commences the build, the Trust further will not have a decisive influence on the design of the areas that will house the PET CT services, the MRI services nor the communal areas. The Trust will have some input into the layout of the nuclear medicine space however such space is incidental to the overall purpose of the build under which AML proposes to fulfil its existing obligations to NHSE. The Trust will take a sub-lease of the space from which the Trust will provide nuclear medicine services. The key elements of a ‘public works contract’ are therefore not present and there is therefore no requirement to advertise in the OJEU.
In respect of the build, AML will appoint the design and build sub-contracts under a JCT Design and Build 2011 form of contract.
V.2.1) The date of the decision to enter into the Contracts was 4.3.32016. It is proposed that the Contracts will be entered into from 23.3.2016.
V.2.4) The figure given for the value of the contract is the value of the MRI services contract. The Trust is not contributing to the cost of the build of the Facility.
Contracts will be entered into from 23.3.2016 onwards. All time limits for applications to Court are as set out in the Public Contracts Regulations 2006 and 2015 as applicable.


Award value: 14500000