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
Rashida Rasool
rashida.rasool-gordon@nhs.scot
Telephone
+44 1312756051
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
Cladribine (Mavenclad®)
Reference number
NP91617 (b)
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
two.2.4) Description of the procurement at the time of conclusion of the contract:
This modification of contract term from 01/09/2022 to 28/02/2023 is to meet the additional demands of the Scottish Health and Social Care sector during the current 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
Modification notice is advised at framework level and does not detail individual lots.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
6
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: 2022/S 015-036896
Section five. Award of contract/concession
Contract No
NP91617 (b)
Title
Cladribine (Mavenclad®)
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
20 July 2022
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
Merck Serono Limited
5 New Square, Bedfont Lakes Business Park , Feltham
Middlesex
TW14 8HA
Telephone
+44 7970151725
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: £31,102,148
Section six. Complementary information
six.3) Additional information
The estimated value in Section V.2.4 covers the forty-eight (48) months of the framework length and six (6) months extension period of the framework agreement.
(SC Ref:703561)
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 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.
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.1.2) Additional CPV code(s)
- 33610000 - Medicinal products for the alimentary tract and metabolism
seven.1.3) Place of performance
NUTS code
- UKM - Scotland
seven.1.4) Description of the procurement:
This modification of contract term from 01/09/2022 to 28/02/2023 is to meet the additional demands of the Scottish Health and Social Care sector during the current 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
Modification notice is advised at framework level and does not detail individual lots.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
6
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£2,827,468
seven.1.7) Name and address of the contractor/concessionaire
Merck Serono Limited
5 New Square, Bedfont Lakes Business Park , Feltham
Middlesex
TW14 8HA
Telephone
+44 7970151725
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 is to meet the additional demands of the Scottish Health and Social Care sector during the current 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
Modification notice is advised at framework level and does not detail individual lots.
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 to meet the additional demands of the Scottish Health and Social Care sector during the current 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
Modification notice is advised at framework level and does not detail individual lots.
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: £31,120,148
Total contract value after the modifications
Value excluding VAT: £33,929,616