Section one: Contracting authority/entity
one.1) Name and addresses
The Common Services Agency (more commonly known as NHS National Services Scotland) (NSS)
2 Swinhill Avenue
Larkhall
ML9 2QX
Contact
Siobhan Ramage
Telephone
+44 1698794547
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
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
NP92520b Aflibercept (Eylea®)
two.1.2) Main CPV code
- 33600000 - Pharmaceutical products
two.1.3) Type of contract
Supplies
two.1.4) Short description
Supply of Aflibercept (Eylea®) to NHS Scotland.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £109,422,991
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
The Framework Agreement is for the supply of Aflibercept (Eylea®) solution for injection vials to NHS Scotland. The Framework Agreement has been awarded as a single supplier framework agreement.
The Framework Participant is required to supply Goods to designated delivery points throughout Scotland for use by Participating Authorities.
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
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
This VEAT Notice is to advise the need for modification 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 at this time in line with Regulation 72(1)(b) of the Public Contracts (Scotland) Regulations 2015.
The medicine to be awarded to the framework agreement is protected by exclusive rights, including intellectual property rights, in line with Regulation 33(1)(b)(iii) of the Public Contracts (Scotland) Regulations 2015.
four.1.3) Information about a framework agreement
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: 2020/S 100-243207
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
8 November 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Bayer Plc
400 South Oak Way, Green Park
Reading
RG2 6AD
Telephone
+44 1635563432
Fax
+44 1635563693
Country
United Kingdom
NUTS code
- UKM - Scotland
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £54,711,495
Section six. Complementary information
six.3) Additional information
The estimated value of the Framework Agreement referred to in Section 11.2.7 cover(s) the 20 month contract duration and the 24 month extension period of the Framework Agreement.
The estimated value in Section V.2.4 covers the additional 22 month extension period of the Framework Agreement.
NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=749797.
(SC Ref:749797)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court House Edinburg
27 Chambers Street
Edinburgh
EH1 1LB
Telephone
+44 1312252525
Country
United Kingdom
Internet address
http://www.nss.nhs.scot/browse/procurement-and-logistics
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The notification will incorporate a ‘standstill period’ of a minimum of 10 clear calendar days (or a minimum of 15 if the communication
method used is not electronic) between the date on which the Authority despatches the VEAT notice and the date on which the Authority
proposes to conclude the relevant framework agreement.
The bringing of court proceedings against the authority during the standstill period will automatically continue the prohibition on entering
into the framework agreement until the court proceedings are determined, discontinued or disposed of, or the court, by interim order, brings
to an end the prohibition. The remedies that may be awarded by the courts before the framework agreement has been entered into include
the setting aside of the decision to award the framework agreement to the winning tenderer.
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.