New Oncology Wing (PFI Scheme)

CPV: Construction work for buildings relating to health · Medical equipments · Medical information systems · Repair and maintenance services of building installations · Repair and maintenance services of medical equipment

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

20 Jan 2023, 15:05 GMT

Last source update

20 Jan 2023, 15:05 GMT

FTS notice number

2023/S 000-001868

Classification (CPV)

Construction work for buildings relating to healthMedical equipmentsMedical information systemsRepair and maintenance services of building installationsRepair and maintenance services of medical equipment

Delivery area

Yorkshire & Humber (UKE42)

Official registry OCID

ocds-h6vhtk-039956 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The ‘Equipment Term’ is defined in schedule 1 of the PFI Agreement as 15 years. The Trust’s position is that the extension to the MES contract is a permitted modification under Regulation 72(1)(a) Public Contract Regulations 2015 (as amended) (“PCR 2015”). The PFI confers an opportunity for the Project Co to deliver MES services for the full 33 years by virtue of a clear, precise and unequivocal contractual clause in schedule 13, clause 12 of the PFI, which permits the Trust to extend the ‘Equipment Term’ thereby extending the responsibilities of Project Co for the delivery of MES services.<br/><br/>Schedule 13, clause 12 of the PFI provides that at the end of the ‘Equipment Term’ the Trust has an option to extend:<br/><br/>“12 At the expiry of the Equipment Term, the Trust may, at its option, elect in respect of each item of Equipment to:-<br/>…<br/>12.2 extend the Equipment Term subject to agreement by the parties…”<br/><br/>Clause 12 does not limit the duration of the extension to the ‘Equipment Term’ and the Trust considers it is permitted to extend the MES Contract to the end of the term of the PFI. The Extended Period will be on the same terms and price as provided for in the initial term of the MES Contract therefore the economic balance of the arrangement is not in favour of the MES Contract provider. <br/><br/>The Contract Notice published on 18 October 2001 states the “33 years from financial close (although the medical equipment element is expected to run for 15 years)”. The Trust considers that this is merely describing the initial term of the MES contract whereas the project documents awarded expressly provide for the MES Contract to be extended at the expiry of the initial 15 years. Therefore, the Trust does not consider the Contract Notice to preclude the possibility of an extension of the MES Contract within the 33-year duration of the PFI.

• MEDIPASS HEALTHCARE LIMITEDAwarded supplier07463229 First Floor, 67 Upper Berkeley Street, London, England, London, UK, W1H 7QX

No document links were published on the notice.