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
Linda Downie
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
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
NP38619 Compounded Aseptic Medicines
two.1.2) Main CPV code
- 33600000 - Pharmaceutical products
two.1.3) Type of contract
Supplies
two.2) Description
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 at the time of conclusion of the contract:
This Framework Agreement is for the supply of unlicensed, aseptically compounded, ready to use medicines in syringe and infusion bags to NHS Scotland.
The Goods have been separated into four (4) categories, each of which is identified as a “Lot”.
Lot 1 - Atezolizumab, Cetuximab, Doxorubicin, Epirubicin,
Infliximab (Inflectra®), (Remicade®), (Remsima®)
Nivolumab, Pembrolizumab & Pertuzumab
Lot 2 - Cyclophosphamide, Fluorouracil, Irinotecan, Methotrexate & Rituximab (Mabthera®), (Rixathon®), (Truxima®)
Lot 3 - Bortezomib, Carboplatin, Cisplatin, Docetaxel, Gemcitabine, Oxaliplatin, Vincristine & Trastuzumab (Herceptin®), (Herzuma®)
Lot 4 - The molecules included in this Lot are, Bevacizumab,
Cytarabine, Infliximab (Zessly®), Insulin, Methotrexate,
Natalizumab, Nivolumab, Paclitaxel, Pemetrexed, Tocilizumab,
Trastuzumab (Kanjinti®), (Ontruzant®), Trastuzumab Subcutaneous & Vedolizumab
The Framework Participant was required to supply Goods to designated delivery points throughout Scotland for use by Participating Authorities.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
12
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.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2019/S 187-454140
Section five. Award of contract/concession
Contract No
NP38619
Title
NP38619 Compounded Aseptic Medicines
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
23 February 2024
five.2.2) Information about tenders
The contract/concession 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
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Qualasept Limited t/a Bath ASU
Unit A15 Fiveways Light Industrial Estate, Westwells Road,
Corsham
SN13 9RG
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
ITH Pharma Limited
Unit 4 Premier Park, Premier Park Road
London
NW10 7NZ
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £21,299,267
Section six. Complementary information
six.3) Additional information
The estimated value of the Framework Agreement referred to in Section V11.1.6 cover(s) the 48 month contract duration of the Framework
Agreement.
The estimated value in Section V.2.4 covers the additional 12 month extension period of the Framework Agreement.
(SC Ref:761417)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court House Edinburgh
27 Chambers Street
Edinburgh
EH1 1LB
Telephone
+44 1312252525
Country
United Kingdom
Internet address
http://www.nss.nhs.scot/browse/procurement-and-logistics
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.
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 33600000 - Pharmaceutical products
seven.1.3) Place of performance
NUTS code
- 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.
seven.1.4) Description of the procurement:
This contract modification, effecting an extension of the Framework Agreement duration from 01/03/2024 until 28/02/2025, has been agreed between the suppliers and the Authority on behalf of NHS Scotland to meet the additional demands of the Scottish Health and Social Care sector.
This modification has been approved to maintain necessary supply and remove unnecessary disruption from the Authority at this time in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
12
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£63,213,953
seven.1.7) Name and address of the contractor/concessionaire
Baxter Healthcare Ltd
Wallingford Road, Compton,
Newbury, Berkshire
RG20 7QW
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor/concessionaire is an SME
No
seven.1.7) Name and address of the contractor/concessionaire
Qualasept Limited t/a Bath ASU
Unit A15 Fiveways Light Industrial Estate, Westwells Road,
Corsham
SN13 9RG
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
seven.1.7) Name and address of the contractor/concessionaire
ITH Pharma Limited
Unit 4 Premier Park, Premier Park Road
London
NW10 7NZ
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
This modification effects an extension of the Framework Agreement duration from 01/03/2024 until 28/02/2025. The modification notice is advised at Framework Agreement level only and so it does not detail individual Lots. All Terms and Conditions for the Framework Agreement remain in place.
seven.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee.
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
This modification is necessary to meet the additional demands of the Scottish Health and Social Care sector to maintain necessary supply due to circumstances unforeseen by the Authority, and at this time have rendered this modification necessary, in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015.
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £63,213,953
Total contract value after the modifications
Value excluding VAT: £84,513,220