Public procurement notice: Contract Notice
Published: 2017-07-25
Buyer: The Common Services Agency (more commonly known as NHS National Services Scotland) (‘the Authority’)
Country: UK
Contract type: Supplies
Procedure: Open procedure
CPV classification: 33600000: Pharmaceutical products
Estimated value: 11750000 GBP
Submission deadline: 2017-08-25
Award criteria: The most economic tender

Technical requirements: All entities constituted pursuant to the National Health Services (Scotland) Act 1978, and any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014.
This procurement is for the supply of efavirenz 600mg/emtricitabine 200mg/tenofovir disoproxil 245mg tablets to NHS Scotland. This will require supply of the medicines direct to hospitals and the nominated home delivery supplier(s) as directed by the Authority.
There is the option to extend the framework agreement by two (2) further periods of up to twelve (12) months each upon giving not less than three (3) months written notice, such notice to expire no later than the date the framework agreement is due to expire.
Economic operators may be excluded from this competition if they are in breach of any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.
(a) Potential Framework Participants must be able to demonstrate the existence of a valid and current UK Marketing Authorisation or EMA Marketing Authorisation that has been approved by the MHRA for all tendered Medicines prior to the commencement of the Framework Agreement.
(b) Potential Framework Participants and any sub-contractor(s) must possess valid certification of BS EN ISO 9001 or equivalent.
(c) All Goods must comply with the MHRA Best Practice Guidance on Labelling and Packaging and the National Patient Safety Agency (‘NPSA’) Guidelines on Packaging and Labelling on pack design.
(a) Confirmation that a valid and current UK Marketing Authorisation or EMA Marketing Authorisation that has been approved by the MHRA for all tendered Medicines will be in place prior to the start date of the Framework Agreement should be included in the Qualification Envelope of the ITT under Technical and Professional Ability: Quality Control.
(b) Confirmation of the existence of valid certification of BS EN ISO 9001 or equivalent. Confirmation of such certification should be included in the Qualification Envelope of the ITT under Technical and Professional Ability: Quality Assurance Schemes.
(c) Confirmation that samples for tendered Goods will be supplied upon request to ensure compliance with the MHRA Best Practice Guidance on Labelling and Packaging and the National Patient Safety Agency (‘NPSA’) Guidelines on Packaging and Labelling on pack design. Confirmation of sample provision should be provided in the Qualification Envelope of the ITT under Technical and Professional Ability: Products.
The estimated values referred to in Sections II.I.5 and II.2.6 cover the initial sixteen (16) month duration and the two (2) extension periods of up to twelve (12) months each.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 8717. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
The Contracting Authority does not intend to include a sub-contract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:
The Contracting Authority does not intend to include any community benefit requirements in this contract for the following reason:
The Authority will notify economic operators who submitted a tender or (where no deselection notification has previously been made) applied to be selected to tender, of its decision to award the framework agreement which notification will contain among other information, a summary of the reasons why the economic operator was unsuccessful. 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 notice(s) 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(s). 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.

Eligibility requirements: Economic operators may be excluded from this competition if they are in breach of any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.

Award value: 11750000