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
Telephone: +44 1698794571
E-mail: Linda.Downie3@nhs.scot
NUTS: UKM
Internet address(es)
Main address: http://www.nhsscotlandprocurement.scot.nhs.uk/
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
Trastuzumab (Herceptin®) 600mg/5ml solution for Injection
Reference number: NP91221(a)
II.1.2) Main CPV code
33600000
II.1.3) Type of contract
Supplies
II.1.4) Short description
The supply of Trastuzumab (Herceptin®) 600mg/5ml solution for Injection to NHS Scotland
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
27 119 389.00
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 supply of Trastuzumab (Herceptin®) 600mg/5ml solution for Injection to NHS Scotland.
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 awarded to this Framework Agreement are, and will continue to be, protected by patent for the duration of the Framework Agreement.
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:
2021/S 000-004908
Section V: Award of contract
Contract No: NP91221(a)
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
23/03/2021
V.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
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
Roche Products Ltd
6 Falcon Way, Shire Park
Welwyn Garden City
AL7 1TW
UK
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 27 199 389.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
The estimated value in Sections II.1.7 and V.2.4 covers the thirty (30) month duration of the Framework Agreement and the eighteen (18) month extension option.
(SC Ref:655775)
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.
VI.5) Date of dispatch of this notice
16/07/2021