Official UK procurement notice
New Oncology Wing (PFI Scheme)
Authority: Leeds Teaching Hospitals NHS Trust (Central government)
What is being bought
Published requirement descriptionIn 2001 the Trust ran a competitive procurement process and procured a Project Co to enter into a project agreement relating to the design and build of an oncology centre at St James’s University Hospital and the provision of related services (“PFI”).
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
The lotProcurement structure
single lot · no lot value publishedLot #1The OJEU Notice published by the Trust on 18 October 2001 described the project as:
The OJEU Notice published by the Trust on 18 October 2001 described the project as:<br/><br/>“…the design, build, finance and ongoing maintenance of a large new wing for medical and surgical oncology and associated services. The project includes building maintenance services – operational services such as domestics, catering and portering are not included in the project. The supply and maintenance of equipment (including IT clinical treatment systems and PACS) will form an integral and substantial element of the project. The new wing will include linear accelerator bunkers, in-patient beds, operating theatres and critical care beds. The value of the services is not yet known. The estimated capital value of the project is approximately £136 million.” Additional information: The MES Contract is an integrated part of the PFI. The term of the PFI is 33 years and the initial term of the MES Contract is 15 years from the ‘Actual Completion Date’ of 14 December 2007. The PFI provides for a possible extension to the MES Contract in the form of a clear, precise and unequivocal review clause. <br/><br/>Section V.2.1) below is the date of the decision to award the Main Extension
Procedure terms & legal framework
From the official record- 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)
- Delivery area
- Official registry OCID
ocds-h6vhtk-039956Find 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.
- Review procedure
In accordance with Regulation 88 to Regulation 102 of the PCR 2015 (particularly, Regulations 92, 93, 94 and 99 in relation to deadlines).
Commercial outcome & contract awards
Published awards, contracts and bid statistics, not a forecast| Awarded to | Value | Date | Status |
|---|---|---|---|
| MEDIPASS HEALTHCARE LIMITEDSME | £119,000,000 † | — | Awarded |
Contracts
Contract 001868-2023-1 · MEDIPASS HEALTHCARE LIMITEDSME
- Signed
- 16 Jan 2023
- Value
- £119,000,000
- Status
- active
Contracting authority & participating public bodies
Dispute resolution & review bodies
- The High CourtReview contact point
Bidders & participating suppliers
1 commercial party on the notice- MEDIPASS HEALTHCARE LIMITEDAwarded supplier
Official documents & specifications
Official links; attachments are not copiedNo document links were published on the notice.