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
Cameron Wright
Telephone
+44 7870831908
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
NP31419 Clozapine Medicines
two.1.2) Main CPV code
- 33600000 - Pharmaceutical products
two.1.3) Type of contract
Supplies
two.1.4) Short description
Supply of Clozapine Medicines 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: £4,026,980
two.2) Description
two.2.2) Additional CPV code(s)
- 33600000 - Pharmaceutical products
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
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 a range of Clozapine Tablets for three (3) testing options (Central Laboratory, Local Laboratory and Near Patient Testing) to NHS Scotland, including the loan of patient monitoring machine for blood testing.
The Authority has awarded this Lot to a single supplier.
two.2.5) Award criteria
Quality criterion - Name: Implementation / Weighting: 48
Quality criterion - Name: Courier Service / Weighting: 6
Quality criterion - Name: Process (Local Laboratory) / Weighting: 6
Price - Weighting: 40
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 to manage resource constraints and to maintain necessary supply due to circumstances unforeseen by the Authority in line with Regulation 72(1)(c) 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: 2019/S 059-136316
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
1 December 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
Mylan
Albany Gate, Darkes Lane
Potters Bar
EN6 1AG
Country
United Kingdom
NUTS code
- UK - United Kingdom
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: £671,163
Section six. Complementary information
six.3) Additional information
The estimated value of the Framework Agreement referred to in Section V.2.4 covers the ten (10) month duration of the proposed modification period of the Framework Agreement.
(SC Ref:752138)
six.4) Procedures for review
six.4.1) Review body
Sheriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
Telephone
+44 1312252525
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The notification will incorporate a ‘standstill period’ of a minimum of ten (10) clear calendar days (or a minimum of fifteen (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 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.