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Refresh and expansion of the Treatment Planning System at the Authority's Radiotherapy Department in Aberdeen Royal Infirmary.

Voluntary ex ante transparency notice


Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Grampian Health Board (‘The Authority’)
c/o NHS NSS, Gyle Square, 1 South Gyle Crescent
EH12 9EB
United Kingdom
Contact person: Alan Summers
Telephone: +44 1312756511
NUTS code: UKM

Internet address(es):

Main address:

Address of the buyer profile:

I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity

Section II: Object

II.1)Scope of the procurement

Treatment Planning System Refresh and Expansion.

II.1.2)Main CPV code
II.1.3)Type of contract
II.1.4)Short description:

Refresh and expansion of the Treatment Planning System at the Authority's Radiotherapy Department in Aberdeen Royal Infirmary.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 452 500.00 GBP
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKM50
Main site or place of performance:

Radiotherapy Department, Aberdeen Royal Infirmary.

II.2.4)Description of the procurement:

Refresh and expansion of the Treatment Planning System at the Authority's Radiotherapy Department in Aberdeen Royal Infirmary, including additional User Licences.

For further details, see section VI.3) Additional Information.

II.2.5)Award criteria
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1.1)Type of procedure
Negotiated procedure without prior publication
  • Additional deliveries by the original supplier ordered under the strict conditions stated in the directive

For the justification for selected award procedure, please see section VI.3) Additional Information.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

Section V: Award of contract/concession

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Varian Medical Systems UK Ltd
Oncology House, Gatwick Road
RH10 9RG
United Kingdom
Telephone: +44 1293601324
Fax: +44 1293553652
NUTS code: UKJ24
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 452 500.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

The Authority considers that use of the negotiated procedure without prior publication of a contract notice in terms of Regulation 33(4)(b) of The Public Contracts (Scotland) Regulations 2015 is justified in the circumstances detailed below.

The Authority's Radiotherapy Physics Service (based at Aberdeen Royal Infirmary) (the ‘Service’) uses the ‘Eclipse’ treatment planning system (‘TPS’) which is supplied by Varian Medical Systems UK Limited (‘Varian’). The Authority's priority for the Service is to ensure that a quality service is delivered to patients and that the Service is capable of meeting the ever increasing demand that is placed on it.

The ‘Eclipse’ TPS is fully compatible with the Authority's existing: (a) linear accelerators (being ‘Truebeam’ linear accelerators, supplied by Varian); and (b) radiotherapy patient information system (being ‘Aria’, also supplied by Varian). The linear accelerators, the radiotherapy information system and the TPS are all integral components of the Service which must be compatible with each other in order for the Service to be delivered effectively to patients.

While the software comprised in the TPS has benefitted from regular updates under an ongoing support contract with Varian, the underlying hardware comprised in the TPS is now obsolete and requires to be refreshed.

The highest priority for the Authority is to ensure that any replacement hardware is compatible with the existing equipment, hardware and software used in the Service. Furthermore, it is essential that minimal technical difficulties are encountered in connection with the replacement of the hardware so as to ensure that there is minimal disruption to the Service and that patient care is not impacted negatively by the replacement.

In addition to the refresh of the hardware comprised in the TPS, the Authority also needs to purchase additional user licences for the software comprised in the TPS to allow the Service to meet the demand of the ever increasing patient numbers being referred to it. This purchase will be an extension to the Authority's existing number of software user licences.

Accordingly, the Authority considers that the hardware and licences being procured comprise a partial replacement and extension of existing hardware and licences and that to conclude a contract with any economic operator other than Varian would result in the acquisition of hardware and licences having different characteristics to existing hardware and software licences, resulting in incompatibility and disproportionate technically difficulties in operation and maintenance.

(SC Ref:481453).

VI.4)Procedures for review
VI.4.1)Review body
The Common Services Agency for the Scottish Health Service, more commonly known as National Services Scotland
Gyle Square, 1 South Gyle Crescent
EH12 9EB
United Kingdom
Telephone: +44 1312756511

Internet address:

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The bringing of court proceedings against the Authority in advance of the contract being entered into will automatically prohibit the Authority from entering into the contract until the court proceedings are determined, discontinued or disposed of, or the court, by interim order, brings to an end the prohibition. The remedies that may be awarded by the courts before the contract has been entered into include the setting aside of the decision to award the contract to the relevant economic operator. The bringing of court proceedings against the Authority after the contract has been entered into will not affect the contract unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise the remedies that may be awarded by the courts where the contract has been entered into are limited to the award of damages. Economic operators are entitled to write to the Authority after receipt of the notification should they require further clarification. The Authority will respond within 15 days of such a written request, but it should be noted that this may not prevent the Authority from entering into the contract. Where an economic operator is dissatisfied with the Authority's response to its request for clarification, or considers that the contract has been concluded in breach of The Public Contracts (Scotland) Regulations 2015, such economic operator is advised to seek independent legal advice promptly.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice: