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
Marta Siwek
Telephone
+44 1698794496
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
Medical Liquid Oxygen and Associated Equipment and Services
Reference number
NP37314
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 NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to 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 extension is for the supply of Medical Liquid Oxygen and Associated Equipment and Services to NHS Scotland.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
108
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 000-028819
Section five. Award of contract/concession
Contract No
NP37314
Title
Medical Liquid Oxygen and Associated Equipment and Services
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
17 September 2014
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
Air Products PLC
2 Millennium Gate, Westmere Drive
Crewe
CW1 6AP
Telephone
+44 1270614082
Fax
+44 8003890202
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
Yes
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: £17,774,858
Section six. Complementary information
six.3) Additional information
The estimated value referred to in Section V.2.4 covers the ninety-six (96) months of the framework length and twelve (12) months extension period of the framework agreement.
(SC Ref:714327)
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 IJBs established pursuant to the Public Bodies (Joint Working) Scotland Act 2014.
seven.1.4) Description of the procurement:
This extension is for the supply of Medical Liquid Oxygen and Associated Equipment and Services to NHS Scotland.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start date
1 November 2023
End date
31 October 2024
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£2,027,962
seven.1.7) Name and address of the contractor/concessionaire
Air Products Plc
2 Millennium Gate, Westmere Drive
Crewe
CW1 6AP
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
Yes
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):
The modification to this Framework Agreement is an additional twelve-months extension. All terms & 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:
The additional demands of the Scottish Health and Social Care sector during the Covid-19 pandemic (and recovery of services), the need to maintain necessary supply and remove unnecessary disruption from the Authority at this time are all factors that have deemed 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: £17,774,858
Total contract value after the modifications
Value excluding VAT: £19,802,820