Section one: Contracting authority
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
Telephone
+44 1698794410
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
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
NP37122 ENT, Ophthalmology & Skin Medicines/Medical Devices
two.1.2) Main CPV code
- 33600000 - Pharmaceutical products
two.1.3) Type of contract
Supplies
two.1.4) Short description
This Framework Agreement is for the supply of ENT, Ophthalmology & Skin Medicines/Medical Devices to health boards across NHS Scotland. The Goods have been split into two (2) categories, each of which is identified as a "Lot". Full details of each Lot is contained in section II.2 of this notice.
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: £14,876,820
two.2) Description
two.2.1) Title
ENT, Ophthalmology & Skin Generic Medicines/Medical Devices
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 ENT, Ophthalmology & Skin Generic Medicines/Medical Devices to NHS Scotland. The Authority has awarded each product line within this Lot to a single Framework Participant.
two.2.5) Award criteria
Quality criterion - Name: Logistics / Weighting: 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
Artificial saliva products, Eye preparations & Skin preparations
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 Artificial saliva products, Eye preparations & Skin preparations to NHS Scotland in a range of presentations. The Authority has awarded each product line as a multi-supplier unranked framework agreement on a line by line basis to a maximum of six (6) Framework Participants.
two.2.5) Award criteria
Quality criterion - Name: Logistics / Weighting: 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
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: 2022/S 022-190564
Section five. Award of contract
Lot No
1
Title
ENT, Ophthalmology & Skin Generic Medicines/Medical Devices
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
31 August 2022
five.2.2) Information about tenders
Number of tenders received: 40
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 1
Number of tenders received from tenderers from non-EU Member States: 39
Number of tenders received by electronic means: 40
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
Zentiva Pharma UK Ltd
12 New Fetter Lane
london
EC4A 1JP
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Thornton & Ross
Linthwaite
Huddersfield
HD7 5QH
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
TJ Smith and Nephew Ltd (Trading as Smith & Nephew)
Building 5, Croxley Green Business Park, Hatters Lane
Watford Hertfordshire
WD18 8YE
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Thea Pharmaceuticals Limited
IC5, Block B, Floor 1, Innovation Way
Keele
ST55NT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Teva UK Limited
Ridings Point, Whistler Drive
Castleford
WF10 5HX
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Selective Supplies Ltd
The Priory, Syresham Gardens
Haywards Heath
RH16 3LB
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Tetris Pharma Ltd
2nd Floor 79 - 81 High Street
Marlow
SL7 1AB
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Scope Ophthalmics Ltd
First Point, Buckingham Gate
Gatwick
RH6 0NT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Sandoz Ltd
Frimley Business Park, Frimley
Camberley
GU16 7SR
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Reckitt Benckiser
Wellcroft House, Wellcroft Road
Slough
SL1 4AQ
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Rayner Intraocular Lenses Ltd
Ridley Innovation Centre, Dominion Way
Worthing
BN14 8AQ
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Ranbaxy (UK) Ltd
Building 4, Chiswick Park, 566 Chiswick High Road
London
W4 5YE
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Parapharm Development Ltd
Merlin House , Brunel Road
Theale
RG7 4AB
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Mercury Pharma Group
No.1 Croydon, 12-16 Addiscombe Road
Croydon
CR0 0XT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Medicom Healthcare
Unit 5, Concorde Close
Fareham
PO15 5RT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Morningside Pharmaceuticals Limited
5 Pavilion Way, Castle Business Park
Loughborough, Leicestershire
LE11 5GW
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Martindale Pharma
Bampton Road, Harold Hill
Romford
RM3 8UG
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Intrapharm Laboratories Ltd
The Granary, The Courtyard Barns, Choke Lane,
Maidenhead
SL6 6PT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Glenmark Pharmaceuticals Europe Ltd
Building 2, Croxley Green Business Park
Watford
WD18 8YA
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
GlaxoSmithKline
980 Great West Road
Brentford
TW8 9GS
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Ennogen Healthcare Ltd
Unit G4,Riverside Industrial Estate,, Riverside way,
Dartford
DA1 5BS
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Ecolab Ltd
Lotherton Way, Garforth,
Leeds
LS25 2JY
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
DRUGSRUS LTD
5 SANDRIDGE CLOSE
HARROW
HA1 1XD
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
CST Pharma Ltd
Unit 5-7, Westgate Park Industrial Estate, Tintagel Way
Walsall
WS9 8ER
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Crescent Pharma Limited
Unit 3 & 4 Quidhampton Business Units, Polhampton Lane, Overton
Basingstoke
RG25 3ED
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Carl Zeiss Ltd
ZEISS House, 1030 Cambourne Business , Cambourne
Cambridge
CB23 6DW
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Beaver Visitec International
85c Park Drive, Milton Park
Abingdon
OX14 4RY
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Aspire Pharma Ltd
4 Rotherbrook Court, Bedford Road
Petersfield
GU32 3QG
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Altacor
Merlin House, Brunel Road
Reading
RG7 4AB
Country
United Kingdom
NUTS code
- UKM - Scotland
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
- UKM - Scotland
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £13,534,493
Section five. Award of contract
Lot No
2
Title
Artificial saliva products, Eye preparations & Skin preparations
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
31 August 2022
five.2.2) Information about tenders
Number of tenders received: 17
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 1
Number of tenders received from tenderers from non-EU Member States: 16
Number of tenders received by electronic means: 17
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor
Zentiva Pharma UK Ltd
12 New Fetter Lane
london
EC4A 1JP
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Thea Pharmaceuticals Limited
IC5, Block B, Floor 1, Innovation Way
Keele
ST55NT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Thornton & Ross
Linthwaite
Huddersfield
HD7 5QH
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Selective Supplies Ltd
The Priory, Syresham Gardens
Haywards Heath
RH16 3LB
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Scope Ophthalmics Ltd
First Point, Buckingham Gate
Gatwick
RH6 0NT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Sandoz Ltd
Frimley Business Park, Frimley
Camberley
GU16 7SR
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Mercury Pharma Group
No.1 Croydon, 12-16 Addiscombe Road
Croydon
CR0 0XT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Medicom Healthcare
Unit 5, Concorde Close
Fareham
PO15 5RT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Intrapharm Laboratories Ltd
The Granary, The Courtyard Barns, Choke Lane,
Maidenhead
SL6 6PT
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Ennogen Healthcare Ltd
Unit G4,Riverside Industrial Estate,, Riverside way,
Dartford
DA1 5BS
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Europharma Concepts Ltd (t/a Oralieve UK)
Kilbeggan Rd, Lahinch
Clara
n/a
Country
Ireland
NUTS code
- IEZZZ - Extra-Regio NUTS 3
The contractor is an SME
No
five.2.3) Name and address of the contractor
DRUGSRUS LTD
5 SANDRIDGE CLOSE
HARROW
HA1 1XD
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
CST Pharma Ltd
Unit 5-7, Westgate Park Industrial Estate, Tintagel Way
Walsall
WS9 8ER
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Carl Zeiss Ltd
ZEISS House, 1030 Cambourne Business , Cambourne
Cambridge
CB23 6DW
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Aspire Pharma Ltd
4 Rotherbrook Court, Bedford Road
Petersfield
GU32 3QG
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.3) Name and address of the contractor
Altacor
Merlin House, Brunel Road
Reading
RG7 4AB
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £1,342,327
Section six. Complementary information
six.3) Additional information
The estimated value referred to in Section II.1.7 & All Lots covers the twenty four (24) month contract duration and the twenty four (24) month extension period of the framework agreement.
(SC Ref:699325)
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 Sherriff 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 Contract (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.