Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2019-12-23
Buyer: NHS Greater Glasgow and Clyde
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 48180000 | 48814000: Medical information systems | 48814200 | 72000000 | 72500000
Estimated value: 2750000 GBP

Technical requirements: Υπηρεσίες τεχνολογίας των πληροφοριών: παροχή συμβουλών, ανάπτυξη λογισμικού, Διαδίκτυο και υποστήριξη
GP IT Systems for patient administration, clinical applications, and associated services for 219 practices in the Greater Glasgow and Clyde Health Board region currently provided by EMIS Health. These applications comply with the Scottish Enhanced Functionality (SEF) requirement.
Greater Glasgow and Clyde Health Board require a modification to a contract to provide the continuation of services for GP IT Systems from their current contractor to cover an extended transition period of 24 months to new services provided under the framework agreement by National Services Scotland ['NSS'], on behalf of entities constituted pursuant to the National Health Service (Scotland) Act 1978, local authorities, to entities constituted pursuant to the Public Bodies (Joint Working) (Scotland) Act 2014, the Scottish prison service, GP practices or premises from which GP or primary medical care services are provided, for GP IT managed services (OJEU 2019/S 024-053582). This modification allows contractors that have been appointed to the framework agreement to achieve a specified extent of compliance with certain functional and non-functional requirements which were all clearly identified in the procurement documents. This validation exercise is agreed to take 12 months. This modification then allows for 6 months for these practices to agree a new call-off contract following mini competition according to the rules of the framework agreement. This modification allows for a further 6 months transition from old services to n
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
— the procurement falls outside the scope of application of the directive explanation: to provide continuation of essential current GP IT clinical system provision until services are replaced by the new services procured under the GP IT managed services framework agreement by NSS [2019/S024-053582]. The contracting authority relies on Regulation 72 (1)(b) of The Public Contracts (Scotland) Regulations 2015 where a change of contractor cannot be made for economic or technical reasons and it would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50 % of the initial contract value.
Note: to register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=608174.
The bringing of court procedures against the authority in advance of the contract being entered into will automatically prohibit the authority from entering into the contract until the court proceedings are determined, discontinued or disposed of, or the court, by interim order brings to an end the prohibition. The remedies that may be awarded by the courts before the contract has been entered into include the setting aside of the decision to award the contract to the relevant operator. The bringing of court proceedings against the authority after the contract has been entered into will not affect the contract unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the contract has been entered into are limited to the award of damages. Economic operators are entitled to write to the authority should they require further clarification. The authority will respond within 15 days of such written request, but it should be noted that this may not prevent the authority from entering into the contract. Where an economic operator is dissatisfied with the authority’s response to its request for clarification or considers that the contract has been concluded in breach of The Public Contracts (Scotland) Regulations 2015, such economic operator is advised promptly to seek independent legal advice.


Winner: EMIS Ltd
Award value: 2750000