Trust to file ‘robust defence’ against EPR procurement court claim
- 14 October 2024
- Mersey and West Lancashire Teaching Hospitals Trust said that it will file a “robust defence” against claims that it broke procurement rules
- System C is suing the trust over the way that competing bids for a £65m EPR system contract were evaluated
- It alleges that the trust's process lacked transparency
Mersey and West Lancashire Teaching Hospitals Trust told Digital Health News that it will file a “robust defence” against claims that it broke procurement rules over a £65 million electronic patient record (EPR) contract.
The trust’s incumbent EPR supplier, System C, lodged a claim with the High Court over the way that competing bids for the EPR system contract were evaluated.
In court papers, reportedly seen by HSJ, System C says that Mersey and West Lancashire changed the award criteria, or used undisclosed criteria, after launching the competitive process and before announcing the preferred bidder had won.
It alleges that this favoured the winning bidder, which is a partnership between Insight Direct and Altera Digital Health.
System C is seeking a judgment that the trust acted unlawfully, that the evaluation or the entire procurement be abandoned, and the award of as-yet unspecified damages.
A spokesperson for Mersey and West Lancashire Teaching Hospitals NHS Trust told Digital Health News that the trust “remains committed to ensuring the highest standards of governance and transparency in all of its operations including procurement processes”.
“We can confirm that the trust will be filing a robust defence in response to the claims made by System C but cannot comment further on specific details due to ongoing legal proceedings.
“Our priority remains delivering the best possible care to our patients supported by digital transformation, and we will continue to work towards this goal,” the spokesperson added.
In the court papers, System C says that Mersey and West Lancashire excluded higher scores given to its bid by some evaluators in favour of lower scores, which affected its bid.
The firm also claims that the “limited evaluation records” released to it indicate that its final score was awarded where “no consensus was reached in respect of either appropriate final scores or reasons amongst participating evaluators”.
It alleges that this is a breach of procurement rules and is seeking wider disclosure of documents.
A spokesperson for System C told Digital Health News: “We recognise that EPR procurements are typically complex and resource intensive for all parties, and issuing a legal claim is not something we have done without due consideration.
“Our primary objective is to ensure a fair procurement process for all involved.
“Mersey and West Lancashire Teaching Hospitals Trust is a valued customer and we will continue to support their core objectives in achieving digital transformation.”
Mersey and West Lancashire Teaching Hospitals Trust is a new trust formed from the merger of Southport and Ormskirk Hospital NHS Trust and St Helens and Knowsley Hospitals NHS Trust on 1 July 2023.
According to Digital Health Intelligence, System C’s contract with Southport and Ormskirk to provide the CareFlow EPR, which began in October 2018 is due to expire in October 2025 and its contract with St Helens and Knowsley, which began in 2017, is due to expire on 31 March 2027.
In November 2023, Mersey and West Lancashire awarded a £98m contract to consultancy firm Apira Ltd for EPR procurement support.
