PMC_Preliminary Market Consultations
The recent LCSP (Law on Public Sector Contracts), Law 9/2017, transposing the new classic Directive on contracts, incorporates the regulation of preliminary market consultations in its article 115, which in practice involves a procedure aimed at obtaining information on market capacity, the state of science or technology and informing economic operators about projects and the requirements of future contracts.
Thus, contracting authorities may, by means of this procedure, seek or accept advice from independent experts or authorities or market participants, which may be used in the planning and conduct of the procurement procedure, provided that such advice does not have the effect of distorting competition and does not lead to infringements of the principles of non-discrimination and transparency.
As a previous step to the definition of the innovation public procurement models that will be developed in the Applied Personalized Medicine-MedeA Project, it is considered of interest to promote a Preliminary Market Consultation procedure as an open call for proposals for innovative solutions, as a means to identify technologies and solutions of interest for the technological challenges proposed in the MedeA Project.
The purpose of this call is to promote the participation of any person, natural or legal, public or private for the identification of innovative proposals that will contribute to the process of development and implementation of tenders and / or lots included within the Project Applied Personalized Medicine-MedeA, in the strategic lines of Health Care and Clinical Trials defined in the project.
The present process of preliminary market consultations is carried out with a view to preparing the future contracts that the Extremadura Health Service (SES) plans to develop during 2019, and to inform economic operators about its plans and contracting requirements.
In any case, the provisions of article 115.2 of the LCSP will be applied, “[…] The consultations carried out may not result in a contract object so specific and delimited that it only conforms to the technical characteristics of one of those consulted. The result of the studies and consultations must, where appropriate, be specified in the introduction of generic characteristics, general requirements or abstract formulas that ensure better satisfaction of public interests, without, in any case, the consultations carried out entailing advantages with respect to the award of the contract for the companies participating in them.
The call is open to all natural or legal persons, public or private, who have R&D&I and production capacities for products and services that can be exploited in the market, and who wish to participate and collaborate with the Extremadura Health Service (SES) in the development of this project, both in its definition and scope and in the development and technological innovation in the strategic lines defined in the project. Participation in the call does not imply any obligation on the part of the Extremadura Health Service (SES) or the Regional Administration to finance or accept the proposals presented.
The SES will give participants equal and non-discriminatory treatment, and will adjust its participation to the principle of transparency.
Likewise, the SES shall comply with the provisions of Article 115.3 of the LCSP “[…] Under no circumstances may the contracting body, during the consultation process referred to in this Article, reveal to the participants in the process the solutions proposed by the other participants, these being known in full only to the contracting body”.
The SES, as contracting entity, may disclose the solutions submitted by the economic operators, but may not disclose technical or commercial information which, where appropriate, has been supplied by the participants and which the participants have designated as confidential.
It is up to the participants to identify the technical or commercial documents or information which they consider to be confidential. They may not make a generic declaration or declare all documents or information to be confidential.
Participants may designate as confidential any document(s) provided in their application. This must be clearly reflected (either in any form or in the margin) on the document itself. It is not acceptable for them to make a generic statement or declare that all documents or information are confidential.
The contracting authority will store the contact details of the participants in the procedure. These details will necessarily be included in the proposals submitted by the participants, which will also include their express consent and acceptance of the conditions established in this procedure, including the possibility that the contracting authority may publicise their participation and the solutions presented in the procedure if relevant, which will be recorded in the mandatory report on the actions carried out, in accordance with Article 115.3
Preliminary Market Consultations
Budget: 4.042.265 € (taxes incl.)
Deadline: 30th May 2019
Advertisements: (Spanish) (DOC01CPM02_spanish)
Official Publications: Preliminary Market Consultation of Health Services Extremeño about the MedeA Project.
Panel of expert evaluators of MedeA’s PMC
Technical instruction for bilateral interviews in the MedeA’s PMC
Public event of information of MedeA’s PMC: Celebrated on April 2019.
Propousals: Formulario CPM
Consultations: Formulario FAQ