Contract award notice
Results of the procurement procedure
Section I: Contracting
authority
I.1) Name and addresses
The Common Services Agency (more commonly known as NHS National Services Scotland) (‘the Authority’)
National Procurement, Canderside, 2 Swinhill Avenue
Larkhall
ML9 2QX
UK
Contact person: Stephanie McNiven
Telephone: +44 1698794587
E-mail: stephaniemcniven@nhs.net
NUTS: UKM
Internet address(es)
Main address: http://www.nhsscotlandprocurement.scot.nhs.uk/
Address of the buyer profile: http://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
Emtricitabine/Rilpivirine/Tenofovir Alafenamide — Odefsey®.
Reference number: NP91916(y)
II.1.2) Main CPV code
33600000
II.1.3) Type of contract
Supplies
II.1.4) Short description
Supply of Emtricitabine/Rilpivirine/Tenofovir Alafenamide — Odefsey® to Health Boards across 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:
1 309 941.00
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
Supply of Emtricitabine/Rilpivirine/Tenofovir Alafenamide — Odefsey® to Health Boards across 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
II.2.14) Additional information
Award criteria not applicable due to use of negotiated procedure without prior publication of a call for competition.
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 procurement falls outside the scope of application of the Directive
Explanation
This Framework Agreement is being awarded as per Regulation 33 (1) section (b) (iii) of The Public Contracts (Scotland) Regulations 2015.
‘A contracting authority may award a public contract following negotiated procedure without prior publication of a contract notice or prior information notice in any of the following cases — where the works supplies or services can be supplied only by a particular economic operator for any of the following reasons — the protection of exclusive rights, including intellectual property rights’.
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:
2016/S 190-340704
Section V: Award of contract
Contract No: NP91916(y)
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
14/10/2016
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Gilead Sciences Ltd
Flowers Building, Granta Park, Abington
Cambridge
CB21 6GT
UK
Telephone: +44 1223897300
NUTS: UKM
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 1 309 941.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
The total value in Section II.1.7) and V.2.4) refers to the full sixteen (16) month term of the Framework Agreement. There is no option to extend this Framework Agreement.
(SC Ref: 468343).
VI.4) Procedures for review
VI.4.1) Review body
The Common Services Agency (more commonly known as NHS National Services Scotland) (‘the Authority’)
Gyle Square (NSS Head Office), 1 South Gyle Crescent
Edinburgh
EH12 9EB
UK
Telephone: +44 1698794410
Internet address(es)
URL: http://www.nhsscotlandprocurement.scot.nhs.uk/
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
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
01/11/2016