Public procurement notice: Contract Notice
Published: 2016-03-12
Buyer: The Common Services Agency (more commonly known as NHS National Services Scotland) (‘the Authority’)
Country: UK
Region: SCOTLAND
Contract type: Supplies
Procedure: Open procedure
CPV classification: 33600000: Pharmaceutical products | 33630000: Medicinal products for dermatology | 33631000 | 33631100 | 33631200
Estimated value: 11000000 GBP
Submission deadline: 2016-04-26
Award criteria: Lowest price

Technical requirements: Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards and/or the Authority or other NHS organisation established pursuant to the NHS (Scotland) Act 1978 and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014 (altogether hereinafter referred to as ‘NHS Scotland’).
This framework agreement is for the supply of ENT, Ophthalmology and Skin Medicines / Medical Devices to NHS Scotland.
Note: The buyer is using PCS-Tender to carry out this procurement process. Please note this is a separate website and if you are not already registered, registration will be required.
To access PCS-Tender, record your interest in this notice and access the tender documentation please visit https://www.publictendersscotland.publiccontractsscotland.gov.uk and search for project Code 5648 under ITTs Open to All Suppliers. Please use the Search/Filter function, then select Project Code from the drop-down. Please note that once you have expressed interest in the ITT it will move to your My ITTs area.
For further information on using PCS-Tender, please read the Supplier Response Guide: https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/supplierhelppage/PCS-TSupplierResponseGuide.pdf
If you have already registered on Public Contracts Scotland and PCS-Tender and paired your accounts you can access PCS-Tender through your Public Contracts Scotland Control Panel.
This framework agreement is for the supply of ENT, Ophthalmology and Skin Medicines / Medical Devices to NHS Scotland. The product descriptions and quantities are detailed in the tender documentation.
The tender will consist of a number of product lines and will be awarded as a single supplier framework on a line by line basis based on the lowest priced bids received for each line.
The Authority is entitled at its sole discretion to extend the twenty four (24) months duration of the Framework Agreement by up to one (1) period of up to twelve (12) months by giving a minimum of three (3) months written notice of such extension.
In accordance with the Public Contracts (Scotland) Regulations 2012 the Authority shall treat as ineligible and shall not select any economic operator if one of more of the grounds set out below apply. Accordingly economic operators MUST in each case confirm whether or not the economic operator, any of its directors or any other person who has power of representation, decision or control over the economic operator has been convicted of any of the following offences:
(a) the common law offence of conspiracy where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA or an offence under sections 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010; .
(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption as defined in Article 3 of the Council Act of 26th May 1997 and Article 3(1) of Council Joint Action 98/742/JHA; .
(c) bribery or corruption within the meaning of sections 68 and 69 of the Criminal Justice (Scotland) Act 2003 where the offence relates to active corruption, or bribery within the meaning of sections 1 or 6 of the Bribery Act 2010; .
(e) fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Communities, within the meaning of— .
(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985 or section 993 of the Companies Act 2006;

Eligibility requirements: In accordance with the Public Contracts (Scotland) Regulations 2012 the Authority shall treat as ineligible and shall not select any economic operator if one of more of the grounds set out below apply. Accordingly economic operators MUST in each case confirm whether or not the economic operator, any of its directors or any other person who has power of representation, decision or control over the economic operator has been convicted of any of the following offences: (a) the common law offence of conspiracy where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA or an offence under sections 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010; . (b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption as defined in Article 3 of the Council Act of 26th May 1997 and Article 3(1) of Council Joint Action 98/742/JHA; . (c) bribery or corruption within the meaning of sections 68 and 69 of the Criminal Justice (Scotland) Act 2003 where the offence relates to active corruption, or bribery within the meaning of sections 1 or 6 of the Bribery Act 2010; . (d) the common law offence of incitement to commit a crime; . (e) fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Communities, within the meaning of— . (i) the offence of cheating the Revenue; (ii) the common law offence of fraud; (iii) the common law offence of theft or fraud; (iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985 or section 993 of the Companies Act 2006; (v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994; (vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993; (vii) the common law offence of uttering; or. (viii) the common law offence of attempting to pervert the course of justice; (f) money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002 or the Money Laundering Regulations 2007, or an offence in connection with proceeds of drug trafficking within the meaning of sections 49, 50 or 51 of the Drug Trafficking Act 1994; or. (g) any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant state. In accordance with the Public Contracts (Scotland) Regulations 2012 the Authority may treat as ineligible or decide not to select any economic operator if one or more of the grounds set out below apply. Accordingly economic operators MUST in each case confirm whether or not any of the following apply, namely: (a) Has the economic operator been declared bankrupt? (b) Has the economic operator has a debt relief order made against it/him/her? (c) Has the economic operator had a receiving order or an administration order or bankruptcy restrictions order or a debt relief restriction order made against it/him/her? (d) Has the economic operator made any composition or arrangement with or for the benefit of creditors or made any conveyance or assignation for the benefit of its creditors? (e) Has the economic operator appeared unable to pay or has no reasonable prospects of being able to pay a debt within the meaning of Section 268 of the Insolvency Act 1986? (f) Has the economic operator granted a Trust Deed for creditors or become otherwise apparently insolvent? (g) Is the economic operator the subject of a petition presented for sequestration of its/his/her estate? (h) Has the economic operator passed a resolution within, or is it the subject of an order by the court for the winding up of the economic operator, otherwise than for bona fide reconstruction or amalgamation? (i) Is the economic operator subject of any proceedings similar to those listed in paragraphs (a) to (g) above under the laws of any other state? (j) Has been convicted of a criminal offence relating to the conduct of the economic operator's business or profession? (k) Has the economic operator committed an act of grave misconduct in the course of that economic operator's business or profession? (l) Has failed to fulfill obligations relating to the payment of Social Security contributions under the law of the United Kingdom or the relevant state in which the economic operator is established? (m) Has failed its/his/her obligations relating to payment of taxes under the law of any part of the United Kingdom or the relevant state in which the economic operator is established? (n) is the economic operator guilty of serious misrepresentation in providing any information required of that economic operator under the Public Contracts (Scotland) Regulations 2012. Please refer to the tender document for all required information. A) Potential Framework Participants must be able to demonstrate the existence of a valid and current MHRA/EMEA (European Medicines Agency) market authorisation, or equivalent, for all Medicines tendered. (b) Potential Framework Participants must be able to confirm that any products submitted and classed as medical devices carry the appropriate CE declaration of conformity at the date of the tender submission. (c) Potential Framework Participant's Goods will be evaluated against the principles of the MHRA best Practice Guidance on Labelling and Packaging and the National Patient Safety Agency (‘NPSA’) Guidelines on Packaging and Labelling on a Pass/Fail basis by a representative from Scottish Pharmacy Quality Assurance Group (‘SPQAG’); (d) The successful Framework Participant and any sub-contractor(s) must possess valid certification of BS EN ISO 9001 or equivalent.
Please refer to the tender document for all required information. A) Potential Framework Participants must be able to demonstrate the existence of a valid and current MHRA/EMEA (European Medicines Agency) market authorisation, or equivalent, for all Medicines tendered. (b) Potential Framework Participants must be able to confirm that any products submitted and classed as medical devices carry the appropriate CE declaration of conformity at the date of the tender submission. (c) Potential Framework Participant's Goods will be evaluated against the principles of the MHRA best Practice Guidance on Labelling and Packaging and the National Patient Safety Agency (‘NPSA’) Guidelines on Packaging and Labelling on a Pass/Fail basis by a representative from Scottish Pharmacy Quality Assurance Group (‘SPQAG’); (d) The successful Framework Participant and any sub-contractor(s) must possess valid certification of BS EN ISO 9001 or equivalent.
Please refer to the tender document for all required information.
A) Potential Framework Participants must be able to demonstrate the existence of a valid and current MHRA/EMEA (European Medicines Agency) market authorisation, or equivalent, for all Medicines tendered. (b) Potential Framework Participants must be able to confirm that any products submitted and classed as medical devices carry the appropriate CE declaration of conformity at the date of the tender submission. (c) Potential Framework Participant's Goods will be evaluated against the principles of the MHRA best Practice Guidance on Labelling and Packaging and the National Patient Safety Agency (‘NPSA’) Guidelines on Packaging and Labelling on a Pass/Fail basis by a representative from Scottish Pharmacy Quality Assurance Group (‘SPQAG’); (d) The successful Framework Participant and any sub-contractor(s) must possess valid certification of BS EN ISO 9001 or equivalent.