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
Michelle Semple
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
NP92619 ERT Medicines
Reference number
NP92619 (e-g)
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:
The following Framework Agreements are for the supply of the following ERT Medicines to NHS Scotland:
NP92619 (e) - Velaglucerase alfa - VPRIV®
NP92619 (f) - Idursulfase - Elaprase®
NP92619 (g) - Agalsidase Alfa - Replagal®
This procurement was carried out using the Negotiated Procedure without Prior Publication of a Contract Notice, resulting in the award of three (3) single supplier Framework Agreements.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start date
1 October 2019
End date
30 September 2023
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 138-339930
Section five. Award of contract/concession
Contract No
NP92619(e-g)
Title
NP92619 ERT Medicines
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
7 August 2019
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Takeda UK Limited
Takeda House, Mercury Park, Wycombe Lane, Wooburn Green
High Wycombe, Bucks
HP10 0HH
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: £7,767,900
Section six. Complementary information
six.3) Additional information
The estimated values of the Framework Agreements referred to in Section V.2.4 covers the twenty one (21) month contract duration and the twenty seven (27) month extension period of the Framework Agreement.
OJEU notice numbers for each of the individual Awards:
NP92619 (e)VPRIV®- 2019/S 170-415138
NP92619 (f)Elaprase®- 2019/S 170-415129
NP92619 (g)Replagal®- 2019/S 170-415117
(SC Ref:737956)
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.
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:
The following Framework Agreements have been extended and are for the supply of the following ERT Medicines to NHS Scotland: NP92619 (e) - Velaglucerase alfa - VPRIV®, NP92619 (f) - Idursulfase - Elaprase®, NP92619 (g) - Agalsidase Alfa - Replagal®.
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:
£1,941,975
seven.1.7) Name and address of the contractor/concessionaire
Takeda UK Limited
Takeda House, Mercury Park, Wycombe Lane, Wooburn Green
High Wycombe, Bucks
HP10 0HH
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 October 2023 until 30 September 2024. The modification notice covers the individual Framework Agreements. All Terms and Conditions of Contract 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 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.
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: £7,767,900
Total contract value after the modifications
Value excluding VAT: £9,709,875