Amphotericin (Ambisome®) · UK public procurement notice

Authority: The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS") (NHS & healthcare)

Framework agreementGoodsAward procedure without prior publication of a call for competition

Sectors: Medical Devices & Pharma (33) Delivery: Scotland (UKM)

Framework ceiling (notional)Value not publishedframework ceiling, not attributable revenue

Awarded 30 Sept 2021no call for competition

What is being bought

Published requirement description

Supply of Amphotericin (AmBisome®) to NHS Scotland. The Authority has awarded this Framework Agreement as a Single Supplier Framework per line.

CPV: Pharmaceutical products

How this framework works

From the published notice

Bids received: 1 bids received · 1 suppliers appointed

The lotProcurement structure

single lot · no lot value published

Lot #1Supply of Amphotericin (AmBisome®)to NHS ScotlandAwarded

Delivery: Scotland · All entities constituted pursuant to the National Health Service (Scotland) Act 1978, and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.

Procedure terms & legal framework

From the official record · publisher note attached

Procedure method: Award procedure without prior publication of a call for competition
Legal basis: CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category: Goods
Notice status: Awarded without competition
Procurement threshold: Unspecified in notice
Regulatory regime: Standard
Commercial structure: Framework agreement
Who may use this agreement: Not stated in the notice; call-off rights may be limited to the establishing authority
Competition type: Direct award (no call for competition)
GPA / WTO covered: Yes (GPA)
Recurring procurement: Unspecified in notice
First published: 31 Aug 2021, 11:45 BST
Last source update: 26 Oct 2021, 10:05 BST
Authority reference: NP91021a
FTS notice number: 2021/S 000-026738
Classification (CPV): Pharmaceutical products
Delivery area: Scotland (UKM)
Official registry OCID: ocds-h6vhtk-02db24 Find a Tender

Why no open competition: The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons
Published justification: Although the patent has expired on Ambisome® there is no known generic competition in the UK market place due to the difficulties in replicating the manufacturing process.

Review and risk notes

Review procedure: Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts: An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public
Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.

Publisher note: The total value in Sections II.1.7 and V.2.4 refers to the twenty four (24) months initial period and the total twenty four (24) months extension period. (SC Ref:669682)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

Suppliers appointed 1admitted to the panel · see the list ↓

Bids received 1

Contracts signed 2latest 30 Sept 2021

2 suppliers are admitted to this framework without individual award values or dates, see the supplier list below.

Contracts

All 2 of these contracts carry the same published figure, £6,427,024, the framework's maximum for the whole notice, not each contract's own value. They are not eleven separate sums.

Contract 026738-2021-NP91021a-1
Signed
30 Sept 2021
Value
ceiling above
Status
active
Contract 021429-2021-NP91021a-1
Signed
31 Aug 2021
Value
ceiling above
Status
active

Bid statistics published by the authority

Bids	SME	VCSE	Valid bid range
1bids · 1 electronic	0	—	—

Contracting authority & participating public bodies

The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")

Contracting authorityNHS & healthcareBody governed by public lawHealth Gyle Square (NSS Head Office), 1 South Gyle Crescent, Edinburgh, Scotland, EH12 9EBContact name, email, phone

Dispute resolution & review bodies

Edinburgh Sheriff CourtReview body Edinburgh

Framework contractors & participating bidders

1 commercial party on the notice

Gilead Sciences LtdFramework contractor 280 High Holborn , Holborn, London, London, WC1V 7EEContact phone

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.