Section one: Contracting authority
one.1) Name and addresses
NHS Scotland
Gyle Square (NSS Head Office), 1 South Gyle Crescent
Edinburgh
EH12 9EB
Contact
Nadia Crockett
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.2) Information about joint procurement
The contract is awarded by a central purchasing body
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
NP49124 Hepatitis C Medicines
two.1.2) Main CPV code
- 33600000 - Pharmaceutical products
two.1.3) Type of contract
Supplies
two.1.4) Short description
Supply of Hepatitis C Medicines to NHS Scotland.
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: £36,556,080
two.2) Description
two.2.1) Title
Hepatitis C - 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
Supply of Hepatitis C Medicines to NHS Scotland. The Authority has awarded this Lot as a single supplier framework per line to one (1) Framework Participant.
two.2.5) Award criteria
Quality criterion - Name: Treatment duration / Weighting: 2.5
Quality criterion - Name: Genotype testing / Weighting: 2.5
Price - Weighting: 95
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
Hepatitis C Medicines - Price submitted based on Volume (unscored)
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 Hepatitis C to NHS Scotland to NHS Scotland. The Authority has awarded this Lot as a unranked multi-supplier framework per line to two (2) Framework Participants.
Please note II.2.5) Award criteria is not applicable. This was an unscored Lot.
two.2.5) Award criteria
Price
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.2.14) Additional information
Please note II.2.5) Award criteria is not applicable as this is an unscored lot.
two.2) Description
two.2.1) Title
Hepatitis C Medicines - Price submitted based on Volume (unscored)
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
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 Hepatitis C to NHS Scotland to NHS Scotland. The Authority has awarded this Lot as a unranked multi-supplier framework per line to two (2) Framework Participants.
Please note II.2.5) Award criteria is not applicable. This was an unscored Lot.
two.2.5) Award criteria
Price
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.2.14) Additional information
Please note II.2.5) Award criteria is not applicable. This was an unscored Lot.
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
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: 2023/S 000-035428
Section five. Award of contract
Lot No
1
Title
Hepatitis C - Treatment Cost per Medicine
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
27 February 2024
five.2.2) Information about tenders
Number of tenders received: 3
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 3
Number of tenders received by electronic means: 3
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
AbbVie Ltd
Abbvie House, Vanwall Business Park
Maidenhead
SL6 4UB
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.3) Name and address of the contractor
Gilead Sciences Ltd
280 High Holborn , Holborn
London
WC1V 7EE
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.3) Name and address of the contractor
Merck Sharp & Dohme UK Ltd
120 Moorgate, London, United Kingdom
HODDESDON
EC2M 6UR.
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £36,556,080
Section five. Award of contract
Lot No
2
Title
Hepatitis C Medicines - Price submitted based on Volume (unscored)
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
27 February 2024
five.2.2) Information about tenders
Number of tenders received: 2
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 2
Number of tenders received by electronic means: 2
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
Gilead Sciences Ltd
280 High Holborn , Holborn
London
WC1V 7EE
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.3) Name and address of the contractor
AbbVie Ltd
Abbvie House, Vanwall Business Park
Maidenhead
SL6 4UB
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £1
Section five. Award of contract
Lot No
3
Title
Hepatitis C Medicines - Price submitted based on Volume (unscored)
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
27 February 2024
five.2.2) Information about tenders
Number of tenders received: 2
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 2
Number of tenders received by electronic means: 2
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
AbbVie Ltd
Abbvie House, Vanwall Business Park
Maidenhead
SL6 4UB
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.3) Name and address of the contractor
Gilead Sciences Ltd
280 High Holborn , Holborn
London
WC1V 7EE
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £1
Section six. Complementary information
six.3) Additional information
The estimated value(s) referred to in Section section II.I.7 and Section V.2.4 and within all Lots cover(s) the twenty-four (24) month contract duration and the forty-eight (48) month extension period of the framework agreement.
(SC Ref:761578)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
Telephone
+44 1312252525
Country
United Kingdom
Internet address
https://scotcourts.gov.uk/the-courts/sheriff-court/about-sheriff-courts
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.