Supply of Trastuzumab (Herceptin) 150mg powder for reconstitution for intravenous infusion.
Voluntary ex ante transparency notice
Section I: Contracting authority/entity
I.1)Name, addresses and contact point(s)
The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
National Distribution Centre, Canderside, 2 Swinhill Avenue
Contact point(s): National Procurement
For the attention of: Hazel Johnstone
ML9 2QX Larkhall
UNITED KINGDOM
Telephone: +44 1698794561
E-mail:
Internet address(es):
General address of the contracting authority/entity: http://www.nhsscotlandprocurement.scot.nhs.uk/
Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
Health
1.4)Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: yes
Golden Jubilee Hospital (National Waiting Times Centre Board), NHS 24, NHS Ayrshire and Arran, NHS Borders, NHS Dumfries and Galloway, NHS Education for Scotland, NHS Fife, NHS Forth Valley, NHS Grampian, NHS Greater Glasgow and Clyde, NHS Health Scotland, NHS Highland, NHS Lanarkshire, NHS Lothian, NHS Orkney, NHS Shetland, NHS Tayside, NHS Western Isles, Scottish Ambulance Service, The State Hospital for Scotland, The Common Services Agency for the Scottish Health Service, Healthcare Improvement Scotland
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract
Supply of Trastuzumab (Herceptin) 150mg powder for reconstitution for intravenous infusion.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Main site or location of works, place of delivery or of performance: Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards and/or the Authority or other NHS organisations established pursuant to the NHS (Scotland) Act 1978 (altogether hereinafter referred to as 'NHS Scotland').
Main site or location of works, place of delivery or of performance: Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards and/or the Authority or other NHS organisations established pursuant to the NHS (Scotland) Act 1978 (altogether hereinafter referred to as 'NHS Scotland').
NUTS code UKM
II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Short description of the contract or purchase(s)
The supply of Trastuzumab (Herceptin) 150mg powder for reconstitution for intravenous infusion to Health Boards across NHS Scotland.
II.1.5)Common procurement vocabulary (CPV)
33600000, 33652100
II.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 16 866 360 GBP
Excluding VAT
Excluding VAT
Section IV: Procedure
IV.1)Type of procedure
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: connected with the protection of exclusive rights
Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive no
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no
New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no
Service contract awarded to the successful candidate or one of them after a design contest: no
For supplies quoted and purchased on a commodity market: no
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no
This Framework Agreement is being awarded as per Regulation 14 (1) section (iii) of The Public Contracts (Scotland) Regulations 2012
'A contracting authority may use the negotiation procedure without prior publication of a contract notice in accordance with regulation 17(3) in the following circumstances - when, for technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the public contract may be awarded only to a particular economic operator'.
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: connected with the protection of exclusive rights
Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive no
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no
New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no
Service contract awarded to the successful candidate or one of them after a design contest: no
For supplies quoted and purchased on a commodity market: no
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no
This Framework Agreement is being awarded as per Regulation 14 (1) section (iii) of The Public Contracts (Scotland) Regulations 2012
'A contracting authority may use the negotiation procedure without prior publication of a contract notice in accordance with regulation 17(3) in the following circumstances - when, for technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the public contract may be awarded only to a particular economic operator'.
IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority/entity
NP91213(b)
IV.3.2)Previous publication(s) concerning the same contract
no
Section V: Award of contract
Contract No: NP91213(b) Lot title: Trastuzumab (Herceptin) 150mg powder for reconstitution for intravenous infusionV.1)Date of contract award decision:
28.2.2014
V.2)Information about offers
Number of offers received:1
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken
Roche Products Ltd
6 Falcon Way, Shire Park
AL7 1TW Welwyn Garden City
UNITED KINGDOM
V.4)Information on value of contract
If annual or monthly value
V.5)Information about subcontracting
Section VI: Complementary information
VI.1)Information about European Union funds
VI.2)Additional information:
The Authority is entitled at its sole discretion to extend the initial twenty four (24) month duration of the Framework Agreement for a further period of twelve (12) months by giving a minimum of three (3) months written notice of such extension.
The total value in section II.2.1 refers to the initial twenty (24) month term and full twelve (12) month extension.
(SC Ref:291821)
The total value in section II.2.1 refers to the initial twenty (24) month term and full twelve (12) month extension.
(SC Ref:291821)
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals The notification will incorporate a 'standstill period' of a minimum of 10 clear calendar days (or a minimum of 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 relevant 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 2012 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.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice:
22.1.2014