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Framework Agreement for the Provision of Anaesthetic and Oxygen Therapy Consumables.

Contract notice

Supplies

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

HealthTrust Europe LLP (HTE) acting as agent for the University Hospitals of Coventry and Warwickshire NHS Trust ("UHCW”)
1 Hagley Road, Edgbaston
For the attention of: Claude Lewis
B16 8TG Birmingham
UNITED KINGDOM
Telephone: +44 6871350
E-mail:
Fax: +44 6871345

Internet address(es):

General address of the contracting authority: https://healthtrusteurope.bravosolution.co.uk

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
Health
Other: Please refer to Section II.1.5
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Framework Agreement for the Provision of Anaesthetic and Oxygen Therapy Consumables.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
Main site or location of works, place of delivery or of performance: National Framework Agreement.

NUTS code UK

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement

Duration of the framework agreement

Duration in years: 4
Justification for a framework agreement, the duration of which exceeds four years: The Framework Agreement will be for a period of 3 years with an option to extend for a further 1 year period (potential maximum life of the agreement will be 4 years).

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 1 000 000 and 5 900 000 GBP
II.1.5)Short description of the contract or purchase(s)
Framework Agreement for the Provision of Anaesthetic and Oxygen Therapy Consumables.
HTE is seeking to award a Framework Agreement acting as agent for the UHCW for the Provision of Anaesthetic and Oxygen Therapy Consumables. In that respect this OJEU notice relates to procurement activity in respect of the contracting authorities identified below. HTE and UHCW may however, extend the scope and benefit of the Framework Agreement to the private sector and, whilst not required by procurement legislation to do so, it has extended the principles of the public tendering so as to assure its private sector customers of best value and open and transparent processes.
It is intended by this OJEU notice that the following will apply:
(i) in purchasing Goods and/or Services or awarding contracts under this Framework Agreement HTE is acting in its capacity as Agent for UHCW in relation to contracting authorities only; and
(ii) in purchasing Goods and/or Services or awarding contracts under this Framework Agreement HTE, insofar as it relates to private sector procurement, HTE is acting in its capacity as Principal and not as agent of UHCW.
The public and voluntary sector bodies to whom the use of this framework agreement will be open include all contracting authorities in the United Kingdom as defined in Regulation 3 of the Public Contracts Regulations 2006 as well as all contracting authorities and entities in the European Union as defined Annexes to Commission Decision 2008/963/EC. In particular, it is envisaged that this contract/framework agreement will be used by the following entities in the United Kingdom as described below (particularly where such entities are of a health and/or social care nature):

- All National Health Service (NHS) bodies in England, including but not limited to (i) acute trusts (a list of which can be found at http://www.nhs.uk/servicedirectories/pages/acutetrustlisting.aspx); (ii) health and care trusts (a list of which can be found at http://www.nhs.uk/ServiceDirectories/Pages/CareTrustListing.aspx);(iii) mental health trusts (a list of which can be found at http://www.nhs.uk/ServiceDirectories/Pages/MentalHealthTrustListing.aspx); (iv) clinical commissioning groups (a list of which can be found at http://www.nhs.uk/ServiceDirectories/Pages/CCGListing.aspx); (v) ambulance trusts (a list of which can be found at http://www.nhs.uk/ServiceDirectories/Pages/AmbulanceTrustListing.aspx); (vi) area teams (a list of which can be found at http://www.nhs.uk/ServiceDirectories/Pages/AreaTeamListing.aspx); (vii) special health authorities (http://www.nhs.uk/ServiceDirectories/Pages/SpecialHealthAuthorityListing.aspx); (viii) NHS England (formerly the NHS Commissioning Board); and (ix) clinical senates and strategic clinical networks.

- All NHS bodies in Wales, including but not limited to all (i) health boards; (ii) NHS trusts; (iii) the national delivery group; (iv) community health councils; and (v) NHS Wales shared services partnership (a list of which can be found at http://www.wales.nhs.uk/nhswalesaboutus/structure).

- All NHS bodies in Scotland, including but not limited to (i) NHS trusts; (ii) Special NHS Boards; and (iii) national and support organisations (a list of which can be found at http://www.scot.nhs.uk/organisations/nat_orgs.aspx).

- All NHS bodies in Northern Ireland (known as Health & Social Care), including but not limited to (i) health and social care trusts (a list of which can be found at http://www.hscni.net/index.php?link=trusts); (ii) health agencies (a list of which can be found at http://www.hscni.net/index.php?link=agencies); (iii) hospitals (a list of which can be found at http://www.hscni.net/index.php?link=hospitals) and (iv) the Health and Social Care Board.

- All social enterprises undertaking some or all of what were previously the service provider functions of contracting authorities in relation to health and/or social care services (including charitable incorporated organisations, cooperatives, industrial and provident societies and community interest companies as listed on the Companies House WebCheck service).

- Ministerial departments and non-ministerial departments of central government, non-departmental agencies and other public bodies, and public corporations (a list of which can be found at https://www.gov.uk/government/organisations).

- Devolved governmental and parliamentary organisations within the United Kingdom, including but not limited the Scottish Government, Scottish Parliament, and Scottish public bodies (a list of which can be found at http://www.scotland.gov.uk/Topics/Government/public-bodies/about/Bodies), as well as the Welsh Government, Welsh Assembly and Welsh unitary authorities (a list of which can be found at http://wales.gov.uk/topics/localgovernment/localauthorities/?lang=en).

- All local authorities (a list of which can be found at http://local.direct.gov.uk/LDGRedirect/Start.do?mode=1).

- All emergency services including police (http://www.police.uk/forces.htm), fire and rescue services (a list of which can be found at http://www.fireservice.co.uk/information/ukfrs), the maritime and coastguard agency and other rescue authorities.

- All educational establishments (a list of which can be found at http://www.education.gov.uk/edubase).

- Registered providers of social housing on a not for profit basis (a list of which can be found at http://www.homesandcommunities.co.uk/ourwork/registered-provider-information).

- Registered charities (a list of which can be found at http://www.charitycommission.gov.uk/find-charities).

- Her Majesty's Prison Service (as detailed at www.justice.gov.uk/about/hmps)

- The Ministry of Defence (as detailed at https://www.gov.uk/government/organisations/ministry-of-defence)

The above list includes each organisation's successors and assigns, any equivalent organisations and any associated organisations created as a result of any organisational changes.
The use of this framework agreement will be open to any bodies or organisations operating in the United Kingdom and/or any country in the European Union which are of a health and/or social care nature or which have a similar procurement need in respect of any goods or services to any of the above listed organisations.

Furthermore, and if provided for in the contract documents, HTE may extend the scope and benefit of the framework agreement to any private sector (i.e. all non-public sector) organisations operating in the United Kingdom and/or any country in the European Union which are of a health and/or social care nature may also use this framework agreement. In the United Kingdom such entities are registered with the Care Quality Commission (a list of providers can be found at http://www.cqc.org.uk/sites/default/files/cqc_locations_export.csv). In the European Union, such entities are regulated by equivalent regulatory bodies, each of which maintains an equivalent list.

II.1.6)Common procurement vocabulary (CPV)

33140000, 33157000, 33171100, 33157110, 33157100, 33171110, 33157200, 33172100, 33157400, 42913500, 35814000, 33670000, 33172000, 33171200, 33171210, 33141220

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: yes
Tenders may be submitted for one or more lots
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
While HealthTrust Europe cannot guarantee volumes, this new Framework Agreement will be available to all bodies specified in II.1.5. Any estimated value provided will only act as an indication of the potential value.
Estimated value excluding VAT:
Range: between 1 000 000 and 5 900 000 GBP
II.2.2)Information about options
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Starting 18.11.2013. Completion 17.11.2017

Information about lots

Lot No: 1 Lot title: Anaesthetic Consumables
1)Short description
Those anaesthesia products used in the course of basic medical procedures that healthcare providers buy recurrently and can be of single or reusable use.
2)Common procurement vocabulary (CPV)

33140000, 33171100, 33157000, 33157110, 33171110, 33157100, 33157200, 33172100, 33157400, 33171000, 33670000, 33172000, 42514310, 33172200, 33171210

3)Quantity or scope
Since this is a Framework Agreement which will be open to many contracting authorities, the true potential spend is not known at this stage. The figures represented are indicative at this stage.
Estimated value excluding VAT:
Range: between 1 000 000 and 2 500 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

The contract as defined in this notice will be entered into by UHCW (and the Supplier(s)) acting as a central purchasing body on behalf of the NHS and other contracting authorities as identified in Section II.1.5). HTE has been appointed by UHCW as its agent to carry out certain procurement and logistics functions in relation to this contract. HTE has the right to subcontract the provision of logistics to a third party provider, and therefore goods supplied under this framework agreement may be required to be distributed using such third party provider. Any contracting authority wishing to access the contract may only do so with permission from HTE. The contract conditions will be set out in the ITT. It is the intention to include certain contractual provisions regarding an Activity Based Income Charge, payable by the supplier(s) to HTE management charge, which may be applied to purchases made under the contract awarded. Further details will be made available via the contract documentation and information released during the course of the tender process. If and when this requirement is offered to tender, this may be done in whole or in part via electronic means using the Internet and may be through the medium of an electronic reverse auction. Submission of expressions of interest and procurement specific information: This exercise will be conducted on the HTE portal. Candidates wishing to be considered must register their expression of interest as follows: Register on the HTE portal at https://healthtrusteurope.bravosolution.co.uk. Login to the portal with the username/password. Click the PQQs/ITTs Open to All Suppliers link. These are the PQQs/ITTs open to any registered supplier. Click on the relevant PQQ/ ITT to access the content. Click the Express Interest button at the top of the page. This will move the PQQ/ITT into your My PQQs/My ITTS page. You can access any attachments by clicking Buyer Attachments (if required in III.2.1.1).ii) in the PQQ/ITT Details box. Follow the onscreen instructions to complete the PQQ/ITT. Submit your reply using the Submit Response button at the top of the page. If you require any further advice, contact the e-Tendering Help Desk.

Lot No: 2 Lot title: Oxygen Therapy Consumables
1)Short description
Those oxygen therapy products used in the course of basic medical procedures that healthcare providers buy recurrently and can be of single or reusable use.
2)Common procurement vocabulary (CPV)

33140000, 33171100, 33157000, 33157110, 33171110, 33157100, 33157200, 33172100, 33157400, 33670000, 33171200, 33172000, 42514310, 33172200

3)Quantity or scope
Since this is a Framework Agreement which will be open to many contracting authorities the true potential spend is not known at this stage. The figures represented are indicative at this stage.
Estimated value excluding VAT:
Range: between 1 000 000 and 2 500 000 GBP
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

The contract as defined in this notice will be entered into by UHCW (and the Supplier(s)) acting as a central purchasing body on behalf of the NHS and other contracting authorities as identified in Section II.1.5). HTE has been appointed by UHCW as its agent to carry out certain procurement and logistics functions in relation to this contract. HTE has the right to subcontract the provision of logistics to a third party provider, and therefore goods supplied under this framework agreement may be required to be distributed using such third party provider. Any contracting authority wishing to access the contract may only do so with permission from HTE. The contract conditions will be set out in the ITT. It is the intention to include certain contractual provisions regarding an Activity Based Income Charge, payable by the supplier(s) to HTE management charge, which may be applied to purchases made under the contract awarded. Further details will be made available via the contract documentation and information released during the course of the tender process. If and when this requirement is offered to tender, this may be done in whole or in part via electronic means using the Internet and may be through the medium of an electronic reverse auction. SUbmission of expressions of interest and procurement specific information: This exercise will be conducted on the HTE portal. Candidates wishing to be considered must register their expression of interest as follows: Register on the HTE portal at https://healthtrusteurope.bravosolution.co.uk. Login to the portal with the username/password. Click the PQQs/ITTs Open to All Suppliers link. These are the PQQs/ITTs open to any registered supplier. Click on the relevant PQQ/ ITT to access the content. Click the Express Interest button at the top of the page. This will move the PQQ/ITT into your My PQQs/My ITTS page. You can access any attachments by clicking Buyer Attachments (if required in III.2.1.1).ii) in the PQQ/ITT Details box. Follow the onscreen instructions to complete the PQQ/ITT. Submit your reply using the Submit Response button at the top of the page. If you require any further advice, contact the e-Tendering Help Desk.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Parent company or other guarantees may be required in certain circumstances. See the invitation to offer for further details.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Joint and several liability.
III.1.4)Other particular conditions
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: Any supplier may be disqualified who: (a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations; (b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations; (c) has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct; (d) has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate; (e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority; (f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority; (g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information; (h) has been the subject of a conviction for participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA; (i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26 May 1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively; (j) has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities; (k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering. Information and formalities necessary for evaluating if requirements are met (If applicable).

HealthTrust Europe utilises the sid4gov supplier information database. Candidates are requested to register on sid4gov at https://sid4gov.cabinetoffice.gov.uk/organisation/register and submit their sid4gov company profile for publication on the database. Candidates already registered on sid4gov must ensure that information is up to date. Where access to sid4gov is unavailable, please contact the sid4gov helpdesk at

Please note that, at present, sid4gov does not prepopulate any fields of the PQQ on HealthTrust Europe's Bravo portal, and therefore candidates must complete the Qualification & Technical Envelopes of the PQQ in Bravo in full.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: (a) appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance; (b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established; (c) a statement of the undertaking's overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available. Information and formalities necessary for evaluating if requirements are met (If applicable) Minimum level(s) of standards possibly required (if applicable) Average turnover for the past 3 years is 3 times greater than the average annual estimated contract value.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
As per requirements to complete sid4gov profile - see III.2.1 for more information on how to complete sid4gov profile.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
GPJ-001927
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
21.10.2013 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
17.9.2013
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
The contract defined in this notice will be entered into by UHCW, acting through its agent HTE, (acting as a central purchasing body on behalf of the NHS) and other contracting authorities as identified in Section II.1.5). HTE has been appointed by UHCW as its agent to carry out certain procurement [and logistics] functions. HTE has the right to subcontract the provision of logistics to a third party provider, and therefore goods supplied under this framework agreement may be required to be distributed using such third party provider. Any contracting authority wishing to access the contract may only do so with permission from HTE. The contract conditions will be set out in the ITT. HTE intends to include certain contractual provisions regarding an Activity Based Income Management Charge, payable by the supplier(s) to HTE, which may be applied to purchases made under the contract awarded. Further details will be included in the draft contract documentation and in other information released during the course of the tender process. If and when this requirement is offered to tender, this may be done in whole or in part via electronic means using the Internet [and may be through the medium of an electronic reverse auction].

Submission of expressions of interest and procurement specific information: This exercise will be conducted on the HTE portal known as Bravo. Candidates wishing to be considered must register their expression of interest as follows: Register on the HTE Bravo portal at https://healthtrusteurope.bravosolution.co.uk. Login to the portal with the username/password. Click the PQQs/ITTs Open to All Suppliers link. These are the PQQs/ITTs open to any registered supplier. Click on the relevant PQQ/ ITT to access the content. Click the Express Interest button at the top of the page. This will move the PQQ/ITT into your My PQQs/My ITTS page. You can access any attachments by clicking Buyer Attachments (if required in III.2.1.1).ii) in the PQQ/ITT Details box. Follow the onscreen instructions to complete the PQQ/ITT. Submit your reply using the Submit Response button at the top of the page. If you require any further advice, contact the e-Tendering Help Desk.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
30.7.2013