Find a TenderAwarded without competition

Published 5 Apr 2023, 13:44 BST

Official UK procurement notice

NP93923a Dimethyl Fumarate (Skilarence®)

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 5 Apr 2023no call for competition

What is being bought

Published requirement description

Supply of Dimethyl Fumarate (Skilarence®) to NHS Scotland. The Authority has awarded this Framework Agreement as a Single Supplier Framework per line in secondary and homecare settings.

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 #1The scope of this framework is to supply Dimethyl Fumarate (Skilarence®) in secondary…Awarded

The scope of this framework is to supply Dimethyl Fumarate (Skilarence®) in secondary and homecare settings.

The tender covers: Dimethyl Fumarate 30mg Gastro-resistant Tablets, 42pk, Dimethyl Fumarate 120mg Gastro-resistant Tablets, 90pk & Dimethyl Fumarate 120mg Gastro-resistant Tablets, 180pk.

Delivery: Scotland · All entities constituted pursuant to the National Health Services (Scotland) Act 1978, and any Integrated Joint Boards established pursuant to 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: 5 Apr 2023, 13:44 BST
Last source update: 24 May 2023, 12:00 BST
Authority reference: NP93923a
FTS notice number: 2023/S 000-014765
Classification (CPV): Pharmaceutical products
Delivery area: Scotland (UKM)
Official registry OCID: ocds-h6vhtk-03bcce Find a Tender

Why no open competition: The works, supplies or services can be provided only by a particular economic operator due to protection of exclusive rights, including intellectual property rights
Published justification: The medicine awarded to this framework is, and will remain to be, protected by patent for the duration of the Framework Agreement.

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 Contract has been entered into will not affect the Contract 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 Contract has been entered into are limited to the award of damages.

Publisher note: The estimated values referred to in Section II.I.7 and V.2.4 cover the full fifty (50) month contract duration. (SC Ref:732706)

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 5 Apr 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, £1,025,000, the framework's maximum for the whole notice, not each contract's own value. They are not eleven separate sums.

Contract 009962-2023-NP93923a-1
Signed
5 Apr 2023
Value
ceiling above
Status
active
Contract 014765-2023-NP93923a-1
Signed
5 Apr 2023
Value
ceiling above
Status
active

Bid statistics published by the authority

Bids	SME	VCSE	Valid bid range
1bids · 1 electronic · 1 from abroad	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

Sheriff Court HouseReview body EdinburghContact email, phone

Framework contractors & participating bidders

1 commercial party on the notice

Almirall LtdFramework contractor Harman House, 1 George St, Uxbridge, UK, UB81QQContact phone

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.