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
Mairi Gibson
Telephone
+44 1698794544
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
NP56318 Peritoneal Dialysis
two.1.2) Main CPV code
- 33600000 - Pharmaceutical products
two.1.3) Type of contract
Supplies
two.1.4) Short description
This framework agreement for the supply and delivery of Peritoneal Dialysis fluids and consumables/ancillaries and dialysis machines within NHS Scotland to hospitals and patients' homes or other designated address.
The Framework is awarded as an unranked multi supplier Framework.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £3,690,570
two.2) Description
two.2.2) Additional CPV code(s)
- 33181510 - Renal fluid
- 33181000 - Renal support devices
- 33181520 - Renal dialysis consumables
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
The framework agreement is awarded for the supply and delivery of Peritoneal Dialysis fluids and consumables/ancillaries alongside the dialysis machines within NHS Scotland to hospitals and patients' homes or other designated address.
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 recovery from the Covid-19 pandemic and to maintain necessary 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.
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: 2022/S 015-036899
Section five. Award of contract/concession
Contract No
NP56318
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
14 March 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
Baxter Healthcare Ltd
Wallingford Road, Compton,
Newbury, Berkshire
RG20 7QW
Telephone
+44 1635206000
Fax
+44 8002798490
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
Fresenius Medical Care (UK) Limited
Nunn Brook Road, Huthwaite,, Sutton-in-Ashfield, Nottinghamshire
Nottinghamshire
NG17 2HU
Telephone
+44 1623445149
Fax
+44 1623555546
Country
United Kingdom
NUTS code
- UKF1 - Derbyshire and Nottinghamshire
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: £3,690,570
Section six. Complementary information
six.3) Additional information
The estimated value(s) referred to in Section II.I.7 and Section V.2.4 covers the twelve (12) month modification period of the framework
agreement.
(SC Ref:725656)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court House
27 Chambers Street
Edinburgh
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 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.