NP92520b Aflibercept (Eylea®) · 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 8 Nov 2023no call for competition

What is being bought

Published requirement description

Supply of Aflibercept (Eylea®) to NHS Scotland.

CPV: Pharmaceutical products

The lotProcurement structure

single lot · no lot value published

Lot #1The Framework Agreement is for the supply of Aflibercept (Eylea®) solution for…

The Framework Agreement is for the supply of Aflibercept (Eylea®) solution for injection vials to NHS Scotland. The Framework Agreement has been awarded as a single supplier framework agreement.

The Framework Participant is required to supply Goods to designated delivery points throughout Scotland for use by Participating Authorities.

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

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 Nov 2023, 10:04 GMT
Last source update: 28 Nov 2023, 10:04 GMT
FTS notice number: 2023/S 000-035009
Classification (CPV): Pharmaceutical products
Delivery area: Scotland (UKM)
Official registry OCID: ocds-h6vhtk-041d2d 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 at this time in line with Regulation 72(1)(b) of the Public Contracts (Scotland) Regulations 2015.
The medicine to be awarded to the framework agreement is protected by exclusive rights, including intellectual property rights, in line with Regulation 33(1)(b)(iii) of the Public Contracts (Scotland) Regulations 2015.

Review and risk notes

Review procedure: The notification will incorporate a ‘standstill period’ of a minimum of 10 clear calendar days (or a minimum of 15 if the communication
method used is not electronic) between the date on which the Authority despatches the VEAT notice and the date on which the Authority
proposes to conclude the relevant framework agreement.
The bringing of court proceedings against the authority during the standstill period will automatically continue the prohibition on entering
into the framework agreement until the court proceedings are determined, discontinued or disposed of, or the court, by interim order, brings
to an end the prohibition. The remedies that may be awarded by the courts before the framework agreement has been entered into include
the setting aside of the decision to award the framework agreement to the winning tenderer.
The bringing of court proceedings against the authority after the framework agreement has been 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 of the Framework Agreement referred to in Section 11.2.7 cover(s) the 20 month contract duration and the 24 month extension period of the Framework Agreement. The estimated value in Section V.2.4 covers the additional 22 month extension period of the Framework Agreement. NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=749797. (SC Ref:749797)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

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

Contracts signed 1latest 8 Nov 2023

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

Contracts

Contract 035009-2023-1
Signed
8 Nov 2023
Value
£54,711,495
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 2 Swinhill Avenue, Larkhall, Scotland, ML9 2QXContact name, email, phone

Dispute resolution & review bodies

Sheriff Court House EdinburgReview body EdinburghContact email, phone

Framework contractors & participating bidders

1 commercial party on the notice

Bayer PlcFramework contractor 400 South Oak Way, Green Park, Reading, Scotland, RG2 6ADContact phone

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.