Invitation to tender PROCUREMENT OF PROTON TREATMENT FOR NORWEGIAN PATIENTS

Transcription

1 Invitation to tender PROCUREMENT OF PROTON TREATMENT FOR NORWEGIAN PATIENTS Case No: 13/00520 Tender deadline: :00 (noon)

2 Table of contents 1 Information about the procurement Contracting Authority The objective and scope of the procurement Procedure of announcement and procurement Questions regarding the procurement Amendments Ethical conditions for the procurement Public access to tenders and procurement protocol Expenses Progress plan Qualification requirements for the contractor Contractor s organizational and legal status Contractor s financial status Technical and professional qualifications Tender requirements Language Tender format Reservations and deviations Delivery deadline and place Admit of tender deadline Withdrawal or change of tender Price and price regulations Settlement of the competition Registration of received tenders Tender opening Compliance with qualification requirements Initial evaluation of tenders Visits to the treatment centres Negotiations Rejection of tender Award criterias with priority Cancellation of competition or rejection of all tenders Information and justification for contract award Contract information Appendices /11

3 2/11 1 Information about the procurement 1.1 Contracting Authority The Contracting Authority performing the procurement is the four regional health authorities in Norway. In addition to the four regional health authorities, the underlying health authorities and other affiliated entities will be Customer under the Framework Agreement. Sykehuspartner is a unit in one of the four regional health authorities (Helse Sør-Øst RHF). Sykehuspartner conducts the procurement on behalf of the Contracting Authority. 1.2 The objective and scope of the procurement Sykehuspartner has on behalf of The Norwegian Directorate of Health, been commissioned to establish a predictable offering regarding proton therapy to Norwegian patients who meet indications for such treatment. For the time being, there are no institutions or centres providing proton therapy treatment in Norway. In view of this, The Contracting Authority wish to enter into a parallel framework agreement with several highly qualified international treatment facilities, so that treatment can be procured for the relevant patients when needed. The framework agreement, which are to be signed between the four regional health authorities and each of the selected centres, can be used by all Norwegian regional health authorities and government-owned hospitals in Norway. Given that there is a sufficient number of suitable conractors and tenders, it is estimated that the framework agreements will be signed with between 3 and 10 treatment centres. The framework agreements are planned to have an initial duration of two years. During the contract period, the Contracting Authority is entitled to submit a request for an extension of some or all of the framework agreements for one year at a time, provided that each framework agreement shall not exceed a total period of four years. Preliminary estimates suggest that the total need from Norway may be to purchase treatments for between 50 and 100 patients per year. These figures are very uncertain estimates, and implies no obligation on the Contracting Authority in relation to the number of patients actually treated per year during the contract period. A national center for proton therapy is planned to be established in Norway. When this center is in operation, the need for purchase of treatment outside Norway will probably also gradually be reduced. 1.3 Procedure of announcement and procurement This competition is announced in the nowegian DOFFIN database, and in addition sent via e- mail to a number of known European and American proton treatment centres. The procurement procedure is conducted under the Norwegian Public Procurement Act of July 16th 1999 and the Public Procurement Regulations (April 7th 2006 No. 402), herafter FOA. The competition is to be conducted as Negotiated procedures after the Part I and Part II of the Regulations. All qualified tenderers are invited to take part in the competition. Negotiations are

4 allowed, and may proceed in several phases, in order to reduce the number of tenders to be negotiated. Reduction of tenders will be based on the published award criteria. A first reduction can be made in advance of the negotiations. 3/ Questions regarding the procurement Contact information of the Contracting Authority: Contact Person Kate-Mari Hagen address innkjop-sp@sykehuspartner.no If Contractors find that the invitation to tender does not give sufficient guidance, the contact person for the Contracting Authority may be contacted for additional information. The same applies if Contractors discover errors, deficiencies, omissions or a lack of precision in the tender documents. Written enquiries for additional information etc. shall be marked Case nr 13/ Tender competition, procurement of proton treatment, and sent to the Contracting Authority by the e- mail address stated above The deadline for sending questions etc. about the tender documents is one week before the deadline for the receipt of tenders. Questions and answers will be distributed by in anonymous form to all tenderers. 1.5 Amendments Within the time limit for submission of tenders, the Contracting Authority has the right to make corrections and changes in the invitation to tender which do not have substantial character. Corrections or changes in the invitation to tender will be distributed by to all tenderers. Contractors must take such amendments into account in their tenders. 1.6 Ethical conditions for the procurement There must be no contact or communication from the contractors to the contracting authority than via the address stated in section 1.4. Exceptions to this rule are when the contracting authority is visiting the prospective centres, and during negotiation meetings. 1.7 Public access to tenders and procurement protocol Tenders and procurement record may be kept from public access, cf. the Freedom of Information Act of May No , until selection of contractor is decided. The contractors are to deliver a proposal where what is considered business secrets are removed. By request for access, the Contracting Authority should consider whether the information in the proposal is of a kind that the Contracting Authority is obligated to keep from public access. 1.8 Expenses All expenses, including any travel or meeting expenses, etc. accumulated with preparing and delivering the tender, must be carried by the contractor. The tender will not be returned to the contractor.

5 1.9 Progress plan The Contracting Authority has set up the following tentative progress plan for the process: Activity Time and date Invitation to tender published on the Doffin database and sent to prospective tenderers Deadline for tenderers submitting questions kl 12:00 Deadline for submission of tenders kl 12:00 Initial evaluation, possible reduction of tenders to be negotiated Week 20 Visits to centres, tender presentations and negotiations Week Possible further reduction of tenders to be negotiated, and negotiations with remaining tenderers Week Award of contracts, and announcement of award decision to all tenderers Deadline for tenderers to submit complaints Signing of contracts Please note that the plan after the opening of tenders is indicative. 4/11

6 5/11 2 Qualification requirements for the contractor 2.1 Contractor s organizational and legal status Qualification requirement The contractor must be a legally established enterprise Documentation Norwegian contractors: o Company certificate Internatinal contactors: o Attestation that the firm is registered in industry register or enterprise register according to local business legislation. 2.2 Contractor s financial status Qualification requirement The contractor must be financially capable of fulfilling its part of the contract. Documentation The tenderer shall submit a statement of the undertaking's overall turnover and a turnover in proton therapy treatment 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. 2.3 Technical and professional qualifications Qualification requirement The contractor shall have an overall capacity and professional qualifications to perform the offered treatments and services Documentation The tenderer shall include a brief description of: The history, organization and owners of the institution Organizational chart with description of present organization relevant for the treatments and services Overview of staffing for the personnel categories most relevant for the offered treatments and services. Proton therapy treatments being offered and how long they have been practiced Number of patients treated in 2012 within each of the relevant treatments Relevant equipment and technology Quality assurance system and certifications, if any.

7 6/11 3 Tender requirements 3.1 Language The tender and other documents delivered to the Contracting Authority must be in English language. 3.2 Tender format The following conditions apply to the proposal: 1. Be marked: Case nr 13/ Tender competition, procurement of proton treatment 2. To be submitted in a sealed envelope 3. Be in written form and include a cover letter, dated and signed 4. With appropriate documents in English language 5. Submitted on paper directly to noted submission address 6. Submitted with: a. One paper original of the tender b. One electronic copy of the complete tender, and one electronic copy of the cencored edition of the tender (cf. section 1.7), on a memory stick The cover letter must also include: Reference to case number/tender entity number Contractor s address, phone number, and enterprise number Contractor s point of contact with name, title, phone number and address If the Contractor has any reservations to the invitation tender, these must be clearly stated in the cover letter with reference to where in the tender the reservation(s) appear (with page number and paragraph number) The Contractor shall in the cover letter confirm that he is willing to - and capable of welcoming representatives from the customer for a visit to his treatment centre. During the visit, the contractor shall give the customer an overview of the the relevant sites and facilities, and give a presentation of the treatments and services offered in the tender. Initial negotiations may also be conducted during the visit. The cover letter is to be dated and signed by personnel authorized to commit the company. The cover letter shall have the following enclosures: 1. Contractor s documentation of fulfillment of the qualification requirements 2. Frame agreement (not to be altered) 3. Appendix 1 to frame agreement: Customer requirement specification (not to be altered) 4. Appendix 2 to frame agreement: Contractor solution specification 5. Appendix 3 to frame agreement: Price and pricing provisions 6. Appendix 4 to frame agreement: Administrative provisions 7. Appendix 5 to frame agreement: Changes to the general contractual wording 8. Appendix 6 to frame agreement: Changes subsequent to the conclusion of the Agreement

8 3.3 Reservations and deviations If the Contractor makes reservations against, or deviations to, parts of this invitation to tender or requirements specification, this must be clearly stated in the cover letter. Major reservations or deviations may lead to rejection of the tender. 3.4 Delivery deadline and place The deadline for delivery of tender is 13. May 2013 at 12:00 (noon), local Norwegian time. The tender is to be received by the Contracting Authority at the place of submission, within the deadline. Tenders received too late will be rejected. This applies also if the delay is due to a third part (the postal service etc.). 7/11 Postal adress: Delivery adress: Sykehuspartner Innkjop v/ Kate-Mari Hagen Postboks Drammen Norway Sykehuspartner Innkjop v/ Kate-Mari Hagen Vektergaarden 2. etasje, Gronland Drammen (Reception opening hours: ) The tender must be marked: according to section 2.2 and submitted in a sealed envelope. Tender cannot be submitted by or fax. 3.5 Admit of tender deadline The Contractor must admit to his tender until December 31 st 2013, or until contracts have been signed with the selected contractors. 3.6 Withdrawal or change of tender Tenders can be withdrawn or changed up until the deadline for submission of tenders. Withdrawal of tender has to be announced in a written form. A changed tender is to be considered as a new tender and have to meet each and every formal requirement. 3.7 Price and price regulations Prices must be given in NOK, ex VAT. If prices are stated with reservations against changes in currency, the exchange rate used in the prices must be stated. Further, the share of the price exposed to currency changes must be stated.

9 8/11 4 Settlement of the competition 4.1 Registration of received tenders Tenders will be marked with time of receipt when they are delivered to the contracting authority. The contracting authority will upon request give a written confirmation of when a tender is received. 4.2 Tender opening Tender opening will not be public. 4.3 Compliance with qualification requirements After the opening of tenders, the Contracting Authority will assess the tenders with regards to whether they comply with the qualification requirements. Tenderers who fail to comply with these will be rejected. 4.4 Initial evaluation of tenders The tenderers who succeeded in complying with the qualification requirements, will have their tenders evaluated in accordance with the award criteria stated in section 4.8. After an initial evaluation, the contracting authority reserves the right to reduce the number of tenders to be further evaluated and negotiated. Reduction will be based on the award criteria. 4.5 Visits to the treatment centres The tenderers who are still in the competition after an initial reduction of tenders, will be asked by the Contracting Authority to welcoming representatives from the customer for a visit to his treatment centre. During the visit, the contractor shall give the customer an overview of the relevant sites and facilities, and give a presentation of the treatments and services offered in the tender. The purpose of the visit is to gain additional information as a supplement to the written tender in order to thoroughly evaluate the tender s qualities. Contracting Authority will provide that the visits to the treatment centres will comply with the principles of awarding contracts, including equally and non-discriminatorily and shall act in a transparent way. 4.6 Negotiations The competition allows for negotiations with the invited Contractors, and it can be negotiated on all aspects of the submitted tenders. The first round of negotiations may be conducted when the customer s representatives are visiting the treatment centres. The negotiations may run in several phases, and the contracting authority might reduce the number of tenders to be negotiated at the end of each phase. Reduction will be based on the award criteria. 4.7 Rejection of tender The Contracting Authority must reject a tender if circumstances following FOA st term, letters a-f are discovered.

10 9/11 The Contracting Authority can reject a tender if circumstances following FOA nd term, letters a-d are discovered. 4.8 Award criterias with priority The award of contracts will be based on the tenders that are economically most advantageous, based on the following criteria, prioritized as follows: Priority 1: The quality, suitability and support of the treatments offered by the treatment centre Comment The criterion will be evaluated by performing an overall assessment of the contractors reply to the customer s requirements specification, including any specific agreement terms and conditions added or amended by the contractor, as well as assessments from the visits to the treatment centres. Priority 2: Prices Comment Prices will be compared and evaluated based upon the price estimated by the contractors as part of appendix 3 in the framework agreement for the two patientcases, described in the requirements specification. The detailed prices stated in the price list which is submitted by the contractor as part of appendix 3 in the framework agreement, will also be taken into consideration by the contracting authority upon evaluation of prices, and will constitute. 4.9 Cancellation of competition or rejection of all tenders The Contracting Authority can cancel the competition or reject all tenders if there is justifiable basis. Cancellation might for instance happen if funding is lost. The Contracting Authority will provide a written announcement with brief reasons if: Proposal is rejected All proposals are rejected or the competition is cancelled 4.10 Information and justification for contract award The Contraction Authority's decision about which tenderers are awarded contracts will be notified in writing to all participants simultaneously in a reasonable time before the contract is signed. "Contract is signed" means the time when both parties sign the contract. There is an appeal period of 14 calendar days from the notification of award. When the deadline has expired the Contracting Authority intends to enter into a contract.

11 10/11 5 Contract information The procurement will result in the signing of parallel framework agreements with several contractors, given that there are multiple, suitable contractors and tenders, cf. FOA 6-3. The agreements will be based on the customers proposed framework agreement, the customer s requirements, the contractor s response to the requirements and the treatment centre s amendments and additional terms and conditions. The Contracting Authority will make note of that the proposed and enclosed framework agreement will be subject to individual adjustments during the negotiations with each of the Contractors. As a result of the evaluation of the tenders in the competition, the contractors will be rated according to their position in the competition, with the highest overall rated contractor becoming the prime contractor. During the contract period, the contracting authority will have a standard procedure of sending requests to the prime contractor when a patient is in need of therapy covered by the contract. The contracting authority is, however entitled to send patients to a treatment centre with a lower overall rating than the prime contractor, when specific professional medical assessments indicate this, or if the prime contractor can not deliver as requested by the contracting authority. The framework agreements are planned to have an initial duration of two years. During the contract period, the Contracting Authority is entitled to submit a request for an extension of some or all the framework agreements for one year at a time, provided that each framework agreement shall not exceed a total period of four years. 6 Appendices This invitation to tender consists of this document and the documents listed below. Proposed framework agreement Appendix 1 to framework agreement: Customer requriement spesification Appendix 2-6 to framework agreement Patient Case 2 Example for estimating cost of procurement