CONTRACT NOTICE – OFFICIAL JOURNAL

Section I: Contracting Authority

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education Other (Please specify) public procurement

Information is contained within the Invitation to Offer

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

Purchase		Rent		Lease
Hire-purchase		Combination of these

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

The framework agreement is intended for use by the Department of Health, Public Health England and the NHS in England. The framework may also be used by private sector contractors and agents working on behalf of the above. Please refer to Document 10 in the Invitation to Offer Documents for the list of Purchasing Points.

II.1.3)

This notice involves

A public contract
The setting up of a Dynamic Purchasing System
The establishment of a framework agreement

II.1.4)

Information on framework agreement (if applicable)

Framework agreement with a single operators
Framework agreement with several operators

Number of participants to the framework agreement envisaged

Duration of the framework agreement

Justification for a framework agreement the duration of which exceeds four years

Estimated total value of purchases for the entire duration of the framework agreement

Frequency and value of the contracts to be awarded

II.1.5)

Short description of the contract or purchase(s)

Invitation to offer for NHS Pharmaceutical Products:

Reference number: CM/PHG/15/5467.

Period of framework agreement: Dates detailed below with options to extend up to a maximum period of 48 months.

Potential periods of call-offs under the framework agreement:

Oral Products (100 %);

All Regions: 1.3.2017 to 28.2.2019 (24 months).

Hospital only Products (33 %);

All Regions: 1.3.2017 to 30.6.2018 (16 months).

II.1.6)

Common Procurement Vocabulary (CPV)

II.1.7)

Contract covered by the Government Procurement Agreement (GPA)

II.1.8)

Division into lots

one lot only

one or more lots

all lots

II.1.9)

Will variants be accepted

II.2)

Quantity or Scope of the Contract

II.2.1)

Total quantity or scope

II.2.2)

Options

Provisional timetable for recourse to these options

Number of possible renewals

In the case of renewable supplies or service contracts, estimated time frame for subsequent contracts

II.3)

Duration of the contract or limit for completion

Section III: Legal, Economic, Financial and Technical Information

III.1)

Conditions Relating to the Contract

III.1.1)

Deposits and guarantees required

Parent company or other guarantees may be required in certain circumstances.

III.1.2)

Main Terms of financing and payment and/or reference to the relevant provisions

Refer to the Price and Payment clauses contained within the Invitation to Offer, Document No 3, Conditions of Contract.

III.1.3)

Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded

No special legal form is required but, if a contract is awarded to a consortium of economic operators, the members of that consortium may be required to form a legal entity before entering into a Framework Agreement and may be required to provide parent company or directors' guarantees or, if not required to form a legal entity, members of a consortium may be required to accept joint and several liability both to the Contracting Authority under the Framework Agreement and to other contracting authorities awarding contracts under the Framework Agreement.

III.1.4)

Other particular conditions to which the performance of the contract is subject

Refer to the Invitation to Offer, Document no 3, Conditions of Contract.

III.2)

Conditions for Participation

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Responding to this Notice:

Any supplier may be disqualified who does not respond to the following in the requisite manner:

1) Submission of expression of interest and procurement specific information:

This procurement exercise will be conducted on the eTendering portal at: www.cmu.bravosolution.co.uk Candidates wishing to be considered for this procurement exercise must register, and provide additional procurement specific information (if requested), through the eTendering portal as follows:

1.1) If not already registered, Candidates should register on the eTendering portal at: https://www.cmu.bravosolution.co.uk and click the link to register:

— Accept the terms and conditions and click continue,

— Enter your correct business and user details,

— Note the username you chose and click ‘Save’ when complete,

— You will shortly receive an email with your unique password (please keep this secure).

1.2) Once registered, candidates must express interest as follows:

a. Login to the eTendering portal;

b. Select ‘Response to ITT’;

c. Select ‘ITTs Open to All Suppliers’;

d. Access listing related to this procurement NHS Pharmaceutical Products and view details;

e. Click on ‘Express Interest’ button at the top of the page.

f. Once you have expressed interest, the ITT will move to ‘My ITTs’, where you can download additional documentation (if required), and construct your reply as instructed. You must then publish your reply using the ‘Publish’ button.

1.3) For any support in registering on the portal or submitting your expression of interest please contact the eTendering help desk at +44 8003684850 or: help@bravosolution.co.uk

2) General supplier information:

To manage and assess supplier information the Contracting Authority requests candidates provide their company profile in the Governments supplier information database, sid4gov, as follows:

2.1) If not already registered, Candidates must go to the following web page: https://sid4gov.cabinetoffice.gov.uk/ and select ‘Register for sid4gov’ at the bottom of the page. Key in details as requested to search for your company. If you do not have a D-U-N-S® Number, click on the link at the right of the page to obtain a number from D&B. Candidates must obtain a Dun & Bradstreet (D&B) D-U-N-S® Number to enable registration on sid4gov.

2.2) Once registration is complete you are able to create and update your sid4gov company profile. Candidates should ensure all the mandatory fields of their sid4gov profile are completed and up to date for each procurement exercise. D&B data will be supplied automatically by D&B.

2.3) For further help or information concerning sid4gov, please contact the sid4gov help desk at: support@nqc.com or telephone. +44 (0) 8452992994.

III.2.2)

Economic and financial capacity

III.2.3)

Technical capacity

III.2.4)

Reserved contracts

The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes

Section IV: Procedure

IV.1)

Type of Procedure

Open		Restricted
Accelerated restricted		Negotiated
Accelerated negotiated		Competitive dialogue

Justification for the choice of accelerated procedure

IV.1.1)

Have candidates already been selected?

IV.1.2)

Limitations on the number of operators who will be invited to tender or to participate

Objective criteria for choosing the limited number of candidates

IV.1.3)

Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated

IV.2)

Award Criteria

IV.2.2)

An electronic auction will be used

IV.3 Administrative Information

IV.3.1)

Reference number attributed to the notice by the contracting authority

CM/PHG/15/5467

IV.3.2)

Previous publication(s) concerning the same contract

Prior Information Notice
Notice on a Buyer Profile

Other previous publications

IV.3.3)

Conditions for obtaining specifications and additional documents

IV.3.4)

Time-limit for receipt of tenders or requests to participate

IV.3.5)

Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)

Language or languages in which tenders or requests to participate can be drawn up

IV.3.7)

Minimum time frame during which the tenderer must maintain the tender 

IV.3.8)

Conditions for opening tenders

Commercial Medicine Unit Employee.

Section VI: Other Information

VI.1)

Indicate whether this procurement is a recurrent one and the Estimated timing for further notices to be published

VI.2)

Does the contract relate to a Project/Programme financed by Community Funds?

VI.3)

Additional Information

Other Contracting Authorities:

The framework agreement is for the benefit of other participating NHS bodies (whether acting individually, or on behalf of, or together as members of any consortia) along with any other non-NHS bodies which the participants deem necessary for the delivery of services or goods to NHS bodies, local authorities, other government departments or non-departmental public bodies charged with the delivery of healthcare or health related services.

Where a framework agreement is concluded with a single economic operator, contracts based on that agreement shall be awarded within the limits of the terms laid down in the framework agreement.

For the award of those contracts, contracting authorities may consult the economic operator party to the framework agreement in writing, requesting it to supplement its tender as necessary.

Where a framework agreement is concluded with more than 1 economic operator, that framework agreement shall be performed by following the terms and conditions of the framework agreement, without reopening competition, where it sets out all the terms governing the provision of the works, services and supplies concerned and the objective conditions for determining which of the economic operators, party to the framework agreement, shall perform them; the latter conditions shall be indicated in the procurement documents for the framework agreement.

Electronic Ordering, Invoicing and/or Payment:

a. Electronic Submission of Tenders or requests to participate will be required;

b. Some participating authorities may use electronic ordering. Some participating authorities may accept electronic invoicing. Some participating authorities may use electronic payment.

Transparency:

Potential suppliers should note that, in accordance with the Government's policies on transparency, the Contracting Authority intends to publish the OJEU, ITO and the text of final contracts / framework agreements, subject to possible redactions at the discretion of the CMU (part of the Department of Health). Further information on transparency can be found at: https://www.gov.uk/government/policies/buying-and-managing-government-goods-and-services-more-efficiently-and-effectively

Requirement, Lotting and Offer Structure:

The procurement is sub-divided into Lots. For this procurement process there are 6 Lots made up of the following geographic buying groups:

DCE — Central;

DSW — South Central and South West;

DLS — South East and South London;

DNE — North East and Yorkshire;

DLN — Eastern and North London;

DNW — North West.

(As more particularly described in Document No 10 (Participating Authorities).

A detailed description of the goods and/or services that an Offeror will be required to supply for a Lot in which it has been successful is set out in Document No 06a(i) and Document No 06a(iii) and the specification (Document No 05)).

Each National Product Code description listed in Document No 06a(i) and Document No 06a(iii), shall be a ‘Product’ for the purposes of this Invitation to Offer.

The tender comprises of the following offer schedules:

CM/PHG/15/5467/01 (Document No 06a(i)) — 100 % Oral Products (all of the above-named Lots being applicable).

In respect of each Product listed in the CM/PHG/15/5467/01 — 100 % Oral Products, Document No 06a(i), up to all of the six (6) Lots may be awarded to 1 supplier regardless of the number of Offers received.

CM/PHG/15/5467/02 (Document No 06a(iii)) — 33 % Hospital only Products (all of the above-named Lots being applicable).

For the purposes of this procurement in respect of the Lots listed in the CM/PHG/15/5467/02 — 33 % Hospital only Products, Document No 06a(iii) the following shall apply:

(a) The six (6) Lots shall form Lot Groupings:

— DLS Lot and DNE Lot shall be grouped together (1 Lot Grouping);

— DLN Lot and DNW Lot shall be grouped together (1 Lot Grouping); and

— DCE Lot and DSW Lot shall be grouped together (1 Lot Grouping).

Accordingly, where two (2) Lots are awarded, such award shall comprise of the following combinations: (a) the DLS Lot and the DNE Lot; (b) the DLN Lot and the DNW Lot; or (c) the DCE Lot and the DSW Lot.

(b) Offerors have the opportunity to bid for all (or any) of the three (3) Lot Groupings specified in Paragraph 8.1 above. For the avoidance of doubt, Offerors cannot offer for only 1 of the 2 Lots within each Lot Grouping except where only 1 Lot is offered on the schedule.

(c) To ensure a diverse range of suppliers, in respect of each Product listed in the CM/PHG/15/5467/02 — Hospital only Products, Document No 06a(iii) there is a restriction on the number of Lot Groupings that an Offeror can be awarded as follows:

i) Where 3 or more compliant offers that meet the qualitative criteria are received, a maximum of 1 Lot Grouping may be awarded to 1 supplier;

ii) Where only 2 compliant offers that meet the qualitative criteria are received, a maximum of 2 Lot Groupings may be awarded to 1 supplier;

iii) Where only 1 compliant offer that meets the qualitative criteria is received, a maximum of all 3 Lot Groupings may be awarded to 1 supplier.

In respect of each Product in each Lot, unless otherwise notified, this procurement will establish a single supplier framework arrangement.

VI.4)

Procedures for appeal

VI.4.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.4.2)

Lodging of appeals
Precise information on deadline(s) for lodging appeals:

VI.4.3)

Service from which information about the lodging of appeals may be obtained

VI.5)

Dispatch date of this Notice

ANNEX B

Information About Lots

1)

Short Description

Dates detailed below with options to extend up to a maximum period of 48 months:

Oral Products (100 %);

All Regions: 1.3.2017 to 28.2.2019 (24 months).

Hospital only Products (33 %);

All Regions: 1.3.2017 to 30.6.2018 (16 months).

2)

Common Procurement Vocabulary (CPV)

3)

Quantity or scope

Requirement, Lotting and Offer Structure:

The procurement is sub-divided into Lots. For this procurement process there are 6 Lots made up of the following geographic buying groups:

DCE — Central;

DSW — South Central and South West;

DLS — South East and South London;

DNE — North East and Yorkshire;

DLN — Eastern and North London;

DNW — North West.

(As more particularly described in Document No 10 (Participating Authorities).

A detailed description of the goods and/or services that an Offeror will be required to supply for a Lot in which it has been successful is set out in Document No 06a(i) and Document No 06a(iii) and the specification (Document No 05)).

Each National Product Code description listed in Document No 06a(i) and Document No 06a(iii), shall be a ‘Product’ for the purposes of this Invitation to Offer.

The tender comprises of the following offer schedules:

CM/PHG/15/5467/01 (Document No 06a(i)) — 100 % Oral Products (all of the above-named Lots being applicable).

In respect of each Product listed in the CM/PHG/15/5467/01 — 100 % Oral Products, Document No 06a(i), up to all of the six (6) Lots may be awarded to 1 supplier regardless of the number of Offers received.

CM/PHG/15/5467/02 (Document No 06a(iii)) — 33 % Hospital only Products (all of the above-named Lots being applicable).

For the purposes of this procurement in respect of the Lots listed in the CM/PHG/15/5467/02 — 33 % Hospital only Products, Document No 06a(iii) the following shall apply:

(a) The six (6) Lots shall form Lot Groupings:

— DLS Lot and DNE Lot shall be grouped together (1 Lot Grouping);

— DLN Lot and DNW Lot shall be grouped together (1 Lot Grouping); and

— DCE Lot and DSW Lot shall be grouped together (1 Lot Grouping).

Accordingly, where two (2) Lots are awarded, such award shall comprise of the following combinations: (a) the DLS Lot and the DNE Lot; (b) the DLN Lot and the DNW Lot; or (c) the DCE Lot and the DSW Lot.

(b) Offerors have the opportunity to bid for all (or any) of the three (3) Lot Groupings specified in Paragraph 8.1 above. For the avoidance of doubt, Offerors cannot offer for only 1 of the 2 Lots within each Lot Grouping except where only 1 Lot is offered on the schedule.

(c) To ensure a diverse range of suppliers, in respect of each Product listed in the CM/PHG/15/5467/02 — Hospital only Products, Document No 06a(iii) there is a restriction on the number of Lot Groupings that an Offeror can be awarded as follows:

i) Where 3 or more compliant offers that meet the qualitative criteria are received, a maximum of 1 Lot Grouping may be awarded to 1 supplier;

ii) Where only 2 compliant offers that meet the qualitative criteria are received, a maximum of 2 Lot Groupings may be awarded to 1 supplier;

iii) Where only 1 compliant offer that meets the qualitative criteria is received, a maximum of all 3 Lot Groupings may be awarded to 1 supplier.

In respect of each Product in each Lot, unless otherwise notified, this procurement will establish a single supplier framework arrangement.

4)

Indication about different contract dates

5)

Additional Information about lots

Information regarding lots is contained within the Invitation to Offer.