Find a TenderAwarded without competition

Published 28 Feb 2023, 10:32 GMT

Official UK procurement notice

NP49119 Hepatitis C Medicines

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

Framework agreement2 lotsGoodsAward 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 28 Feb 2023no call for competition

Lots 2see the lot list below

What is being bought2 lots · detail below

Published requirement description

This Framework Agreement is for the supply of medicines used in the treatment of Hepatitis C to NHSScotland. It includes both a treatment cost per medicine and a treatment spend cap.

CPV: Pharmaceutical products

Lots and requirements (2)Procurement structure

2 lots · no lot values published

Lot #1Treatment Cost per Medicine

This Framework Agreement is for the supply of medicines used in the treatment of Hepatitis C to NHSScotland. This Lot is for the treatment cost per medicine.

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.

33600000 Pharmaceutical products

Lot #2Treatment Spend Cap

This Framework Agreement is for the supply of medicines used in the treatment of Hepatitis C to NHSScotland. This Lot is for the treatment spend cap.

33600000 Pharmaceutical products

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: 28 Feb 2023, 10:32 GMT
Last source update: 28 Feb 2023, 10:32 GMT
FTS notice number: 2023/S 000-005777
Classification (CPV): Pharmaceutical products
Delivery area: Scotland (UKM)
Official registry OCID: ocds-h6vhtk-03aca9 Find a Tender

Why no open competition: The procurement falls outside the scope of application of the directive
Published justification: This VEAT Notice is to advise the need for modification to meet the additional demands of the Scottish Health and Social Care sector during the Covid-19 pandemic and associated recovery, to maintain supply and remove unnecessary disruption from the Authority due to circumstances unforeseen by the Authority in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015.

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. The bringing of court proceedings against the Authority after the Framework Agreement has be entered into will not affect the Framework Agreement unless grounds for the imposition of special penalties under the Public Contracts (Scotland) Regulations 2015 can be established. Otherwise, the remedies that may be awarded by the courts where the Framework Agreement has been entered into are limited to the award of damages.

Publisher note: The estimated value(s) referred to in Section II.I.7 and each Lot covers the twelve (12) month modification period of the framework agreement. (SC Ref:720879)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

Suppliers appointed 3admitted to the panel · see the list ↓

Contracts signed 2latest 28 Feb 2023

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, £5,873,754, the framework's maximum for the whole notice, not each contract's own value. They are not eleven separate sums.

Treatment Cost per Medicine
Signed
28 Feb 2023
Value
ceiling above
Status
active
Treatment Spend Cap
Signed
28 Feb 2023
Value
ceiling above
Status
active

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

Sheriff Court HouseReview body 27 Chambers StreetContact email

Framework contractors & participating bidders

3 commercial parties on the notice

AbbVie LtdFramework contractor Abbott House, Vanwall Road, Maidenhead, Scotland, SL6 4XE
Gilead Sciences LtdFramework contractor 280 High Holborn , Holborn, London, UK, WC1V 7EE
Merck Sharp & Dohme UK LtdFramework contractor 120 Moorgate, London, United Kingdom, HODDESDON, UK, EC2M 6UR.

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.