Variation for construction and operation of a Community Diagnostics Facility

{
  "awards": [
    {
      "id": "034513-2025-1",
      "relatedLots": [
        "1"
      ],
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-152199",
          "name": "Ergea UK and Ireland Limited"
        }
      ]
    }
  ],
  "buyer": {
    "id": "GB-FTS-1287",
    "name": "Somerset NHS Foundation Trust"
  },
  "contracts": [
    {
      "awardID": "034513-2025-1",
      "dateSigned": "2025-05-30T00:00:00+01:00",
      "id": "034513-2025-1",
      "status": "active",
      "value": {
        "amount": 37539000.0,
        "currency": "GBP"
      }
    }
  ],
  "date": "2025-06-23T16:56:19+01:00",
  "description": "Value of contract modification \u00a314,336,000. Original contract value \u00a337,539,000.",
  "id": "034513-2025",
  "initiationType": "tender",
  "language": "en",
  "ocid": "ocds-h6vhtk-05520b",
  "parties": [
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "Taunton",
        "postalCode": "TA1 5DA",
        "region": "UKK23",
        "streetAddress": "Musgrove Park Hospital"
      },
      "contactPoint": {
        "email": "paul.saunders@somersetft.nhs.uk",
        "name": "Paul Saunders, Head of Procurement"
      },
      "details": {
        "buyerProfile": "https://www.somersetft.nhs.uk/",
        "classifications": [
          {
            "description": "Health",
            "scheme": "TED_CE_ACTIVITY"
          }
        ],
        "url": "https://www.somersetft.nhs.uk/"
      },
      "id": "GB-FTS-1287",
      "identifier": {
        "legalName": "Somerset NHS Foundation Trust"
      },
      "name": "Somerset NHS Foundation Trust",
      "roles": [
        "buyer",
        "mediationBody",
        "reviewContactPoint"
      ]
    },
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "Theale",
        "postalCode": "RG7 4BQ",
        "region": "UKJ11",
        "streetAddress": "Units 4-6 Ely Road  Theale Commercial Estate  Theale, Reading"
      },
      "contactPoint": {
        "email": "uk.ccc-endo@ergeagroup.com",
        "telephone": "+44 1189008100"
      },
      "details": {
        "scale": "large",
        "url": "http://www.asteral.com"
      },
      "id": "GB-FTS-152199",
      "identifier": {
        "id": "04328629",
        "legalName": "Ergea UK and Ireland Limited"
      },
      "name": "Ergea UK and Ireland Limited",
      "roles": [
        "supplier"
      ]
    },
    {
      "address": {
        "countryName": "United Kingdom",
        "locality": "London",
        "postalCode": "WC2A 2LL",
        "streetAddress": "The Strand"
      },
      "id": "GB-FTS-1661",
      "identifier": {
        "legalName": "The High Court"
      },
      "name": "The High Court",
      "roles": [
        "reviewBody"
      ]
    }
  ],
  "tag": [
    "award",
    "contract"
  ],
  "tender": {
    "classification": {
      "description": "Community health services",
      "id": "85323000",
      "scheme": "CPV"
    },
    "coveredBy": [
      "GPA"
    ],
    "description": "The Trust entered into a contract with Erg\u00e9a (previously known as Asteral) in July 2017 for the provision of a Healthcare Facility (the Contract). Erg\u00e9a\u2019s service provision includes equipment installation and enabling works (including turnkey works), commissioning, procurement, maintenance and support, replacement, disposal and the provision of radiology consumables. The Trust intends to modify the Contract in accordance with Regulation 72 of the Public Contracts Regulations 2015 (the PCR 2015) to provide a Community Diagnostic Centre at Bridgwater Community Hospital (the CDC). Erg\u00e9a will provide a full turnkey solution for the CDC. It will design and construct the building and then deliver an equipment management service at the CDC. The building will be built on the Trust\u2019s existing site and the Trust will retain ownership of the building. The project will be funded by NHS England. Provision of funding is dependent on the CDC being delivered by 31/03/2026.",
    "id": "ocds-h6vhtk-05520b",
    "items": [
      {
        "additionalClassifications": [
          {
            "description": "Medical imaging services",
            "id": "85150000",
            "scheme": "CPV"
          }
        ],
        "deliveryAddresses": [
          {
            "region": "UKK23"
          }
        ],
        "deliveryLocation": {
          "description": "Bridgwater Community Hospital, Bower Lane, Bridgwater, Somerset, TA6 4GU"
        },
        "id": "1",
        "relatedLot": "1"
      }
    ],
    "legalBasis": {
      "id": "32014L0025",
      "scheme": "CELEX"
    },
    "lots": [
      {
        "awardCriteria": {
          "criteria": [
            {
              "type": "price"
            }
          ]
        },
        "description": "The Trust entered into a contract with Erg\u00e9a (previously known as Asteral) in July 2017 for the provision of a Healthcare Facility (the Contract). Erg\u00e9a\u2019s service provision includes equipment installation and enabling works (including turnkey works), commissioning, procurement, maintenance and support, replacement, disposal and the provision of radiology consumables. The Trust intends to modify the Contract in accordance with Regulation 72 of the Public Contracts Regulations 2015 (the PCR 2015) to provide a Community Diagnostic Centre at Bridgwater Community Hospital (the CDC). Erg\u00e9a will provide a full turnkey solution for the CDC. It will design and construct the building and then deliver an equipment management service at the CDC. The building will be built on the Trust\u2019s existing site and the Trust will retain ownership of the building. The project will be funded by NHS England. Provision of funding is dependent on the CDC being delivered by 31/03/2026. Additional information: On 30 May 2025 the Trust\u2019s Finance Committee took the decision to proceed with varying the Contract to provide the CDC (subject to final agreement of the amended terms, the necessarily approvals for funding from NHS England and ratification of the Trust Board). The Trust relies on Regulation 72(1)(b) and, in the alternative, Regulation 72(1)(e) to modify the Contract.",
        "hasOptions": false,
        "id": "1"
      }
    ],
    "mainProcurementCategory": "services",
    "procurementMethod": "limited",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "The Trust relies on Regulation 72(1)(b) of the PCR 2015. \u003cbr/\u003e\u003cbr/\u003eNecessity: \u003cbr/\u003e\u2022\tThe CDC will significantly increase diagnostic capacity as it will deliver an additional 24,282 MRI and CT scans per year. The additional capacity of the CDC will help to significantly reduce waiting times for complex imaging.\u003cbr/\u003e\u2022\tThe CDC will be located close to the Trust\u2019s main hospital site and operated by Trust staff so the Trust will be able to carry out interventional imaging in the new facility. Patients can be transferred across easily for recovery purposes. \u003cbr/\u003eEconomic/technical reasons: \u003cbr/\u003e\u2022\tNHSE funding for the CDC is on the basis that it is built by 30/03/26 so there would not be sufficient time to procure/negotiate a new contract with another supplier in such short timescales. A change of contractor would give rise to a significant risk of not meeting the conditions for receipt of the funding.  \u003cbr/\u003e\u2022\tHaving a different provider would create operational issues for the Trust e.g. if a different provider were to deliver and manage the CDC, this could lead to a situation whereby the equipment at the CDC has not been updated to the same level as the equipment in the Trust\u2019s acute site. Having the same supplier operating both sites will therefore ensure that there is consistency between the equipment which is being provided by the Trust to its patients.  \u003cbr/\u003e\u2022\tHaving the same supplier will enable the Trust to freely transfer and/or move equipment and consumables between the sites as and when required to deal with any demand issues. This will drive efficiencies which will help improve the delivery of patient care as well as give rise to cost efficiencies. \u003cbr/\u003eSignificant inconvenience / duplication of costs: \u003cbr/\u003e\u2022\tHaving the same supplier operating the two sites will avoid duplication of resource and costs associated with contract management.\u003cbr/\u003e\u2022\tThere will be a single point of contact for staff if there are any issues with equipment. Not only will this be more convenient for the Trust, it will also enable any issues to be dealt with more efficiently. \u003cbr/\u003e\u003cbr/\u003eAs noted above, the modification does not result in an increase in price of more than 50% of the value of the original Contract.\u003cbr/\u003e\u003cbr/\u003eAlternatively, the Trust relies on Regulation 72(1)(e) of the PCR 2015. The Contract already includes the provision of turnkey and enabling works and the Trust intends to keep the payment mechanisms the same. The Trust therefore does not consider the modification to be substantial.",
    "procurementMethodRationaleClassifications": [
      {
        "description": "The procurement falls outside the scope of application of the directive",
        "id": "D_OUTSIDE_SCOPE",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL"
      }
    ],
    "reviewDetails": "In accordance with Regulation 88 to Regulation 102 of the PCR 2015 (particularly, Regulations 92, 93, 94 and 99 in relation to deadlines).",
    "status": "complete",
    "title": "Variation for construction and operation of a Community Diagnostics Facility"
  }
}