Section one: Contracting authority/entity
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
Contact
Nadia Crockett
Telephone
+44 1312757454
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
http://www.nss.nhs.scot/browse/procurement-and-logistics
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
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
NP49119 Hepatitis C Medicines
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 medicines used in the treatment of Hepatitis C to NHSScotland. It includes both a treatment cost per medicine and a treatment spend cap.
two.1.6) Information about lots
This contract is divided into lots: Yes
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £5,873,754
two.2) Description
two.2.1) Title
Treatment Cost per Medicine
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
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.
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
Treatment Spend Cap
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
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.
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 four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
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.
four.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
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.2.1) Previous publication concerning this procedure
Notice number: 2019/S 108-262913
Section five. Award of contract/concession
Lot No
1
Title
Treatment Cost per Medicine
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
28 February 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
AbbVie Ltd
Abbott House, Vanwall Road
Maidenhead
SL6 4XE
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Gilead Sciences Ltd
280 High Holborn , Holborn
London
WC1V 7EE
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Merck Sharp & Dohme UK Ltd
120 Moorgate, London, United Kingdom
HODDESDON
EC2M 6UR.
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £5,873,754
Section five. Award of contract/concession
Lot No
2
Title
Treatment Spend Cap
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
28 February 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
AbbVie Ltd
Abbott House, Vanwall Road
Maidenhead
SL6 4XE
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Gilead Sciences Ltd
280 High Holborn , Holborn
London
WC1V 7EE
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £5,873,754
Section six. Complementary information
six.3) Additional information
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)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court House
27 Chambers Street
EH1 1LB
Country
United Kingdom
Internet address
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. 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.