Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-07-19
Buyer: Barnet, Enfield and Haringey Mental Health NHS Trust
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 32250000 | 32400000 | 32500000 | 48000000 | 50300000
Estimated value: 30000000 GBP

Technical requirements: Υπηρεσίες τεχνολογίας των πληροφοριών: παροχή συμβουλών, ανάπτυξη λογισμικού, Διαδίκτυο και υποστήριξη
Barnet Enfield and Haringey Mental Health NHS Trust (the ‘Trust’) intends to enter into a Memorandum of Understanding with University College London Hospitals NHS Foundation Trust (‘UCLH’) in order that the Trust may become a Service Recipient under an existing Digital Transformation Partner contract (‘the Contract’) between UCLH and Atos IT Services UK Limited (‘Atos’). The Contract was procured pursuant to OJEU Contract Notice 2016/S 068-118710.
The services that the Trust will receive under the existing Contract between UCLH and Atos are: Transition: Transition and set-up Foundation, Refresh Kit. Foundation Services: Application Support and Maintenance, Data Centre, End User Technology, Information Security, Networks, Service Desk, Service Integration and Management. Additional Services: App-V/Citrex, Apps Perf Man, SOC/SIEM, VDI.
Atos is the Supplier under the Contract and is under an obligation to provide Services to UCLH. Under clause 5.16 of the Contract, UCLH may extend the benefit of the Services to any NCL Body. As per the Clause 5.16.2 a Change Authorisation Note (CAN) will be issued and the Trust will be treated as a Service Recipient in respect of the services identified in the CAN.
Any services (as defined in the CAN) will be deemed to be Services as defined in the Contract. The CAN will include details of the services the Trust will benefit from, the Atos team, governance arrangements and charges (based on the existing charges under the Contract). The Trust will not be a party to the Contract, but will enter into a MOU with UCLH which will govern the arrangements between the Trust and UCLH. The proposed arrangements have already been subject to a procurement in accordance with the relevant EU Directive (‘the Procurement’).
The Procurement was advertised by Contract Notice (2016/S 068-118710). Atos was the successful supplier. UCLH and Atos entered into a contract for Digital Transformation Partner services on 23 December 2016 (‘the Contract’). The Contract Notice and the Contract state that the services can be extended to a limited group of NHS bodies including the Trust. Section VI.3 of the Contract Notice stated: ‘UCLH reserves the right to procure services on behalf of any NHS body within the North Central London digital footprint under any contract resulting from this procurement, at any point in the future’. The Contract Notice contained a link to the NCL Bodies (including the Trust) who were specified potential beneficiaries. The estimated value (s II.2.1 of the Contract Notice) included the services to potential beneficiaries. The services from which the Trust will benefit as a result of entering into the MOU with UCLH therefore fall within the scope of the Procurement such that a fresh advertisement is not required. The ultimate Supplier of those services will be Atos. Cl.5 of the Contract confirms that UCLH has the right to extend the benefit of the Services to the Trust and specifies the contractual procedure for doing so — a (CAN). To the extent that a CAN constitutes a variation to the Contract, this modification is permitted to be made under Reg72 PCR2015 including Regulation 72(1)(a) which permits modifications which have been provided for in the initial procurement documents in clear, precise and unequivocal review clauses. The Contract Notice and the Contract state to whom the services may be extended and the procedure that must be followed. Charges to the Trust will be based on the existing charging mechanism. There is no modification to the overall nature of the Contract.
In section V.2, the details of UCLH have been given as the Memorandum of Understanding will be between the Trust and UCLH. However Atos is the ultimate supplier of services from which the Trust will benefit. Atos' address and contact details are:
The value given in sections II.1.7 and V.2.4 is the estimated value of services from which the Trust will benefit as Service Recipient under the Contract. That value (30 000 000 GBP) includes the estimated charges for the initial term and all possible extensions if exercised. The estimated value of the services for the initial term only is 14 447 000 GBP.


Winner: University College London Hospitals NHS Foundation Trust
Award value: 30000000