Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-02-27
Buyer: NHS Borders
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 48180000 | 48814000: Medical information systems | 48814200 | 72000000 | 72500000
Estimated value: 208000 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 23 practices in the Borders NHS Board region currently provided by EMIS Health. These applications comply with the Scottish Enhanced Functionality (SEF) requirement.
Borders NHS 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 new.
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 Website at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=615976
Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts:
An economic operator that suffers or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.


Winner: EMIS Ltd
Award value: 208000