Awarded contract

Cladribine (Mavenclad®)

  • The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")

F20: Modification notice

Notice reference: 2022/S 000-023054

Published 19 August 2022, 8:45am



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

Email

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

Email

edinburgh@scotcourts.gov.uk

Country

United Kingdom

Internet address

https://www.scotcourts.gov.uk/the-courts/court-locations/edinburgh-sheriff-court-and-justice-of-the-peace-court

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