Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.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
UK
Contact person: Michelle Semple
E-mail: michelle.semple3@nhs.scot
NUTS: UKM
Internet address(es)
Main address: http://www.nss.nhs.scot/browse/procurement-and-logistics
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Health
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Enzyme Replacement Therapy Medicines
II.1.2) Main CPV code
33600000
II.1.3) Type of contract
Supplies
II.1.4) Short description
Supply of Enzyme Replacement Therapy Medicines (e-g) to NHS Scotland:
- NP92624(e) Velaglucerase alfa 400units powder for solution for infusion vials 1 vial (VPRIV®)
- NP92624(f) Idursulfase 6mg/3ml solution for infusion vials 1 vial (Elaprase®)
- NP92624(g) Agalsidase alfa 3.5mg/3.5ml solution for infusion vials 1 vial (Replagal®)
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
6 079 596.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
33600000
II.2.3) Place of performance
NUTS code:
UKM
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.
II.2.4) Description of the procurement
The Framework Agreement is for the supply of Enzyme Replacement Therapy Medicines (e-g: VPRIV®/ Elaprase®/ Replagal®) to NHS Scotland. The Authority has awarded this framework as a Single supplier framework agreement to one (1) Framework Participant.
II.2.5) Award criteria
Price
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights
Explanation
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.
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2024/S 000-020106
Section V: Award of contract
Contract No: NP92624 (e-g)
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
19/07/2024
V.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 1
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Takeda UK Limited
1 Kingdom Street
London
W2 6BD
UK
Telephone: +44 7500578049
NUTS: UKM
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 6 079 596.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
The estimated value(s) of the Framework Agreement referred to in Sections II.1.7 and V.2.4 cover(s) the twenty-four (24) month contract duration and the twelve (12) month extension period of the Framework Agreement.
(SC Ref:774980)
VI.4) Procedures for review
VI.4.1) Review body
Sheriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
UK
Telephone: +44 1312252525
E-mail: edinburgh@scotcourts.gov.uk
VI.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.
VI.5) Date of dispatch of this notice
15/08/2024