The Clinique Saint-Jean (‘CSJ’) and the Cliniques universitaires Saint-Luc (‘CuSL’) (‘the Institutions’), which are part of the same loco-regional hospital network (H.uni), are already working together today in many sectors. To date, this collaboration has taken the form of more than 30 collaboration, association or partnership agreements in clinical (radiotherapy, orthopaedics, etc.) and operational (such as catering) fields. In that context, the CSJ and the CuSL envisage cooperation on the integration of hospital information systems (‘the INSPIRE Programme’), whose operational and qualitative requirements and economic objectives are widely shared between the institutions. This is the project that the institutions have in common. This INSPIRE programme consists of two components: o an ‘ONE DPI’ component, which concerns the extension by the CuSLs to the CSJ of the Computerised Patient Record (‘IPR’) and of the peripheral IT applications involved in patient care, and which involves, in particular, the setting up of a joint team between the institutions responsible for centralised management of the IPR and those applications; and o an ‘ONE IT’ component, which aims to constitute a single common IT platform bringing together the various environments/interfaces/materials necessary for the operation of an integrated IPR shared by the institutions. More specifically, with regard to the ONE DPI component, the CuSLs have concluded a public service contract for the ‘provision and implementation of an integrated EMR (Electronic Medical Record) [DPI]’ with an external provider. The CuSL acted, in the context of that market, as a market powerhouse. The Special Specifications for this contract thus expressly provided for the possibility for certain hospital contracting authorities or to benefit from the contract, including the Clinique Saint-Jean, which is an institution associated with the same hospital network (H.Uni) as the CuSL. In the present case, the CSJ intends to activate that clause and to contract with the CuSLs in order thus to benefit from the contract concluded by the CuSLs. This Joint Project, to which the Parties intend to cooperate, thus forms part of existing and future operational and medical collaborations between the Institutions within the framework of the H.uni hospital network, to which they both belong and within which they carry out their mission of managing clinics or health or care establishments. The aim of this Joint Collaboration Project between the Parties is to: - ensure that the public service which they provide is carried out with a view to attaining the abovementioned objectives which they have in common; - comply with considerations of public interest; - moreover, the institutions do not carry out on the competitive market more than 20% of the activities concerned by the cooperation. In order to implement this project for the integration of hospital information systems, the institutions intend to conclude an agreement, within the framework of non-institutionalised horizontal cooperation, as provided for in Article 31 of the Law of 17 June 2016 on public procurement.
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