Section one: Contracting authority
one.1) Name and addresses
The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")
Gyle Square (NSS Head Office), 1 South Gyle Crescent
Edinburgh
EH12 9EB
Telephone
+44 1698794410
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://www.publictendersscotland.publiccontractsscotland.gov.uk/web/login.html
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://www.publictendersscotland.publiccontractsscotland.gov.uk/web/login.html
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Antibiotic, Antiviral & Genito Urinary Medicines
Reference number
NP36122
two.1.2) Main CPV code
- 33600000 - Pharmaceutical products
two.1.3) Type of contract
Supplies
two.1.4) Short description
This Framework Agreement is for the supply of Antibiotic, Antiviral & Genito Urinary Medicines to health boards across NHS Scotland. The Goods have been split into four (4) categories, each of which is identified as a "Lot". Full details of each Lot is contained in section II.2 of this notice.
two.1.5) Estimated total value
Value excluding VAT: £54,927,224
two.1.6) Information about lots
This contract is divided into lots: Yes
Tenders may be submitted for all lots
two.2) Description
two.2.1) Title
Tobramycin, Colistimethate and Dornase Alfa Medicines for Inhalation
Lot No
2
two.2.2) Additional CPV code(s)
- 33600000 - Pharmaceutical products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
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.
two.2.4) Description of the procurement
Supply of Tobramycin, Colistimethate and Dornase Alfa Medicines for Inhalation to NHS Scotland in a range of presentations. The Authority intends awarding each product line as a multi-supplier unranked framework agreement on a line by line basis and it is envisaged a maximum of six (6) Framework Participants will be awarded to each line. Full details can be found within the ITT.
two.2.5) Award criteria
Quality criterion - Name: Logistics / Weighting: 5%
Price - Weighting: 95
two.2.6) Estimated value
Value excluding VAT: £891,564
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
24
This contract is subject to renewal
Yes
Description of renewals
This Framework Agreement includes the option to extend for period(s) up to a combined total period of twenty-four (24) months, upon giving not less than three (3) months written notice of each extension, such notice to expire no later than the date the Framework Agreement is due to expire.
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2) Description
two.2.1) Title
Antibiotics for supply to the National NHS Pharmaceutical Specials Service (PSS)
Lot No
4
two.2.2) Additional CPV code(s)
- 33600000 - Pharmaceutical products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
National NHS Pharmaceutical Specials Service (PSS), James Arnott Drive, Ninewells Hospital & Medical School, Dundee, DD2 1UB.
two.2.4) Description of the procurement
This Lot is for the supply of twenty five (25) Antibiotic products direct to the National NHS Pharmaceutical Specials Service (PSS), based in NHS Tayside. The Authority intends awarding each product line within this lot to a single Framework Participant. Full details can be found within the ITT.
two.2.5) Award criteria
Quality criterion - Name: Batch Number / Weighting: 7.5%
Quality criterion - Name: Delivery Schedule / Weighting: 7.5%
Quality criterion - Name: Expiry Date / Weighting: 5%
Price - Weighting: 80
two.2.6) Estimated value
Value excluding VAT: £1,262,480
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
24
This contract is subject to renewal
Yes
Description of renewals
This Framework Agreement includes the option to extend for period(s) up to a combined total period of twenty-four (24) months, upon giving not less than three (3) months written notice of each extension, such notice to expire no later than the date the Framework Agreement is due to expire.
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2) Description
two.2.1) Title
Antibiotic, Antiviral & Genito Urinary Medicines
Lot No
1
two.2.2) Additional CPV code(s)
- 33600000 - Pharmaceutical products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
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.
two.2.4) Description of the procurement
Supply of Antibiotic, Antiviral & Genito Urinary Medicines to NHS Scotland. The Authority intends awarding each product line within this Lot to a single Framework Participant. Full details of Goods and volumes can be found within the ITT documents.
two.2.5) Award criteria
Quality criterion - Name: Logistics / Weighting: 5%
Price - Weighting: 95
two.2.6) Estimated value
Value excluding VAT: £50,173,956
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
24
This contract is subject to renewal
Yes
Description of renewals
This Framework Agreement includes the option to extend for period(s) up to a combined total period of twenty-four (24) months, upon giving not less than three (3) months written notice of each extension, such notice to expire no later than the date the Framework Agreement is due to expire.
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2) Description
two.2.1) Title
Emergency Planning Antibiotics
Lot No
3
two.2.2) Additional CPV code(s)
- 33600000 - Pharmaceutical products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
TPS Healthcare Ltd, 27-35 Napier Place, Wardpark, Cumbernauld, G68 0LL.
two.2.4) Description of the procurement
The Emergency Planning Antibiotic Lot includes six (6) products to be directly purchased by the Authority with direct deliveries to one nominated distributor to be held locally in Scotland for Emergency Pandemic purposes. The Authority intends awarding each product line within this Lot to a single Framework Participant. Full details can be found within the ITT.
two.2.5) Award criteria
Quality criterion - Name: Manufacturing Plant / Weighting: 2.5%
Quality criterion - Name: API Sources / Weighting: 2.5%
Price - Weighting: 95
two.2.6) Estimated value
Value excluding VAT: £2,599,224
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
24
This contract is subject to renewal
Yes
Description of renewals
This Framework Agreement includes the option to extend for period(s) up to a combined total period of twenty-four (24) months, upon giving not less than three (3) months written notice of each extension, such notice to expire no later than the date the Framework Agreement is due to expire.
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions
Economic operators may be excluded from this competition if they are in breach of any of the situation referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.
three.1.3) Technical and professional ability
List and brief description of selection criteria
(a) Potential Framework Participants must be able to demonstrate the existence of a valid and current UK Marketing Authorisation (PL or PLGB number) that has been approved by the MHRA for all tendered Medicines at the date of submission of the tender.
(b) Potential Framework Participants and any sub-contractor(s) must possess valid certification of BS EN ISO 9001 or equivalent at the date of submission of the tender.
(c) Potential Framework Participants must be able to demonstrate that all medical devices and associated ancillaries which are classed as medical devices tendered under this Framework Agreement comply with Medical Devices Regulations 2002 (SI 2002 No 618, as amended) (UK MDR 2002) and have an appropriate declaration of conformity and display a valid CE, CE UKNI or UKCA mark at the date of submission of the tender.
(d) All tendered Goods must comply with the MHRA best Practice Guidance on Labelling and Packaging and the National Patient Safety Agency ("NPSA") Guidelines on Packaging and Labelling on pack design.
Minimum level(s) of standards possibly required
a) Confirmation of existence of a valid and current UK Marketing Authorisation (PL or PLGB number) that has been approved by the MHRA for all tendered Medicines at the date of submission of the tender, should be included in the Qualification Envelope of the ITT under the Technical and Professional ability: Quality Control.
(b) Confirmation of the existence of valid certification of BS EN ISO 9001 or equivalent at the date of submission of the tender should be included in the Qualification Envelope of the ITT under the Quality Assurance Schemes.
(c) Confirmation that all devices tendered and associated ancillaries which are classed as medical devices will carry the appropriate declaration of conformity for the UK market and display a valid CE, CE UKNI or UKCA at the date of submission of the tender should be included in the Qualification Envelope of the ITT under the Technical and Professional ability: Quality Control.
(d) Confirmation that samples for tendered Goods will be supplied upon request to ensure compliance with the MHRA best Practice Guidance on Labelling and Packaging and the National Patient Safety Agency ("NPSA") Guidelines on Packaging and Labelling on pack design. Confirmation of sample provision should be provided in the Qualification Envelope of the ITT under Technical and Professional ability: Products
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Date
7 February 2022
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 3 (from the date stated for receipt of tender)
four.2.7) Conditions for opening of tenders
Date
7 February 2022
Local time
12:00pm
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
The estimated value(s) referred to in Section II.1.5 & All Lots cover(s) the twenty four (24) month contract duration and the twenty-four (24) month extension period of the framework agreement.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 20261. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/
A summary of the expected community benefits has been provided as follows:
The Statement of Requirements will detail the Community Benefit background and objectives. The contract will mandate that suppliers respond in its tender outlining current Community Benefit proposals if successful and mandating that they support the overall Community Benefit concept and process including a contract and supplier management process post award.
(SC Ref:677344)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
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.