Antifungal medicines.
CONTRACT NOTICE
Supplies
SECTION I: CONTRACTING AUTHORITY
I.1)NAME, ADDRESSES AND CONTACT POINT(S)
The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
National Procurement, Canderside, 2 Swinhill Avenue
Contact: National Procurement
Attn: Andy Stewart
ML9 2QX Larkhall
UNITED KINGDOM
Tel. +44 1312757587
E-mail:
Internet address(es)
General address of the contracting authority http://www.nationalprocurement.scot.nhs.uk/
Address of the buyer profile http://publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
Further information can be obtained at: The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
National Procurement, Canderside, 2 Swinhill Avenue
Contact: National Procurement
Attn: Andy Stewart
ML9 2QX Larkhall
UNITED KINGDOM
Tel. +44 1312757587
E-mail:
Internet: http://www.nationalprocurement.scot.nhs.uk/
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
National Procurement, Canderside, 2 Swinhill Avenue
Contact: National Procurement
Attn: Andy Stewart
ML9 2QX Larkhall
UNITED KINGDOM
Tel. +44 1312757587
E-mail:
Internet: http://www.nationalprocurement.scot.nhs.uk/
Tenders or requests to participate must be sent to: The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
National Procurement, Canderside, 2 Swinhill Avenue
Contact: National Procurement
Attn: Andy Stewart
ML9 2QX Larkhall
UNITED KINGDOM
Tel. +44 1312757587
E-mail:
Internet: http://www.nationalprocurement.scot.nhs.uk/
I.2)TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES
Body governed by public law
Health
The contracting authority is purchasing on behalf of other contracting authorities Yes
Health
The contracting authority is purchasing on behalf of other contracting authorities Yes
SECTION II: OBJECT OF THE CONTRACT
II.1)DESCRIPTION
II.1.1)Title attributed to the contract by the contracting authority
Antifungal medicines.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
Main place of delivery Any or all locations of all NHS Scotland health boards, all NHS Scotland special health boards and/or the Authority (altogether hereinafter referred to as "NHS Scotland").
Purchase
Main place of delivery Any or all locations of all NHS Scotland health boards, all NHS Scotland special health boards and/or the Authority (altogether hereinafter referred to as "NHS Scotland").
NUTS code UKM
II.1.3)The notice involves
The establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged 3
Duration of the framework agreement: Duration in year(s): 1
Estimated total value of purchases for the entire duration of the framework agreement
estimated cost excluding VAT
Range: between 4 750 000 and 5 250 000 GBP
maximum number of participants to the framework agreement envisaged 3
Duration of the framework agreement: Duration in year(s): 1
Estimated total value of purchases for the entire duration of the framework agreement
estimated cost excluding VAT
Range: between 4 750 000 and 5 250 000 GBP
II.1.5)Short description of the contract or purchase(s)
This framework agreement will cover branded pharmaceuticals detailed within Sections 5.2.1 - triazole antifungals, 5.2.3 - polyene antifungals and 5.2.4 - echinocandins of the British National Formulary (BNF).
Note: to register your interest in this notice and obtain any additional information please visit the public contracts Scotland web site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=203878.
II.1.6)Common procurement vocabulary (CPV)
33600000, 33651200, 33650000
II.1.7)Contract covered by the Government Procurement Agreement (GPA)
Yes
II.1.8)Division into lots
Yes
tenders should be submitted for one or more lots
tenders should be submitted for one or more lots
II.1.9)Variants will be accepted
Yes
II.2)QUANTITY OR SCOPE OF THE CONTRACT
II.2.1)Total quantity or scope
A framework agreement for the supply of antifungal medicines to NHS Scotland. The framework agreement will cover the branded pharmaceuticals covered within sections 5.2.1 - triazole antifungals, 5.2.3 - polyene antifungals and 5.2.4 - echinocandins of the British National Formulary (BNF). The framework agreement will consist of 4 (four) lots with a maximum of three (3) suppliers being appointed to each lot. The individual quantities are detailed in the tender documentation.
Excluding VAT
Range between 4 750 000 and 5 250 000 GBP
Excluding VAT
Range between 4 750 000 and 5 250 000 GBP
II.2.2)Options
Yes
description of these options: The Authority is entitled at its sole discretion to extend the 12 month duration of the framework agreement by up to 12 months by giving a minimum of 3 month’s written notice of such extension.
Number of possible renewals 1
description of these options: The Authority is entitled at its sole discretion to extend the 12 month duration of the framework agreement by up to 12 months by giving a minimum of 3 month’s written notice of such extension.
Number of possible renewals 1
II.3)DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION
Duration in months: 12 (from the award of the contract)
INFORMATION ABOUT LOTS
LOT NO: 3 TITLE Posaconazole oral suspension1)SHORT DESCRIPTION
Supply of posaconazole oral suspension to NHS Scotland.
2)COMMON PROCUREMENT VOCABULARY (CPV)
33600000, 33651000, 33651200
3)QUANTITY OR SCOPE
As described in the ITT.
4)INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION
5)ADDITIONAL INFORMATION ABOUT LOTS
LOT NO: 1 TITLE Echinocandins
1)SHORT DESCRIPTION
Supply of the echinocandins - anidulafungin injection, caspofungin injection and micafungin injection, to NHS Scotland.
2)COMMON PROCUREMENT VOCABULARY (CPV)
33600000, 33651000, 33651200
3)QUANTITY OR SCOPE
As per ITT.
4)INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION
5)ADDITIONAL INFORMATION ABOUT LOTS
LOT NO: 2 TITLE Liposomal amphotericin injection
1)SHORT DESCRIPTION
For the supply of liposomal amphotericin B injection to NHS Scotland.
2)COMMON PROCUREMENT VOCABULARY (CPV)
33600000, 33651200, 33651000
3)QUANTITY OR SCOPE
As detailed in the ITT.
4)INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION
5)ADDITIONAL INFORMATION ABOUT LOTS
LOT NO: 4 TITLE Voriconazole
1)SHORT DESCRIPTION
Supply of voriconazole injection, tablets and oral suspension to NHS Scotland.
2)COMMON PROCUREMENT VOCABULARY (CPV)
33600000, 33651000, 33651200
3)QUANTITY OR SCOPE
As described in the ITT.
4)INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION
5)ADDITIONAL INFORMATION ABOUT LOTS
SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION
III.1)CONDITIONS RELATING TO THE CONTRACT
III.1.1)Deposits and guarantees required
See contract/tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them
See contract/tender documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded
The prime contractor shall be liable in the event of a consortium bid.
III.1.4)Other particular conditions to which the performance of the contract is subject
No
III.2)CONDITIONS FOR PARTICIPATION
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if requirements are met: In accordance with the Public Contracts (Scotland) Regulations 2006 the Authority may treat as ineligible or decide not to select any economic operator on one or more of the grounds set out below. 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 had a receiving order or an administration order or bankruptcy restrictions order made against it/him/her;
(c) 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;
(d) 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;
(e) Has the economic operator granted a trust deed for creditors or become otherwise apparently insolvent;
(f) Is the economic operator the subject of a petition presented for sequestration of its/his/her estate;
(g) 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;
(h) 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;
(i) Has been convicted of a criminal offence relating to the conduct of the economic operator’s business or profession;
(j) Has the economic operator committed an act of grave misconduct in the course of that economic operator’s business or profession;
(k) Has failed to fulfil 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;
(l) 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;
(m) is the economic operator guilty of serious misrepresentation in providing any information required of that economic operator under the Public Contracts (Scotland) Regulations 2006.
In accordance with the Public Contracts (Scotland) Regulations 2006 the Authority shall treat as ineligible and shall not select any economic operator on one of more of the grounds set out below. 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:
(a) Has been convicted of the common law offence of conspiracy, where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(b) Has been convicted of corruption within the meaning of Section 1 of the Public Bodies Corrupt Practices Act 1889 or Section 1 of the Prevention of Corruption Act 1906;
(c) Has been convicted of bribery or corruption within the meaning of Sections 68 and 69 of the Criminal Justice (Scotland) Act 2003;
(d) Has been convicted of the common law offence of incitement to commit a crime;
(e) Has been convicted of 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 Union within the meaning of:
(i) the offence of cheating the inland 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;
(v) defrauding Her Majesty’s revenue and customs, within the meaning of the Customs & Excise Management Act 1979 and the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Community, within the meaning of Section 71 of The Criminal Justice Act 1993;
(vii) the common law offence of uttering; or
(viii) the criminal offence at common law of attempting to pervert the course of justice;
(f) Has been convicted of money laundering within the meaning of The Money Laundering Regulations 2007;
(g) Has been convicted of any other offence within the meaning of Article 45(1) of the Public Sector Directive 2004/18/EC of the European Parliament and of the Council of 31.3.2004 as defined by the national law of any relevant state;
(a) Has the economic operator been declared bankrupt;
(b) Has the economic operator had a receiving order or an administration order or bankruptcy restrictions order made against it/him/her;
(c) 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;
(d) 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;
(e) Has the economic operator granted a trust deed for creditors or become otherwise apparently insolvent;
(f) Is the economic operator the subject of a petition presented for sequestration of its/his/her estate;
(g) 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;
(h) 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;
(i) Has been convicted of a criminal offence relating to the conduct of the economic operator’s business or profession;
(j) Has the economic operator committed an act of grave misconduct in the course of that economic operator’s business or profession;
(k) Has failed to fulfil 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;
(l) 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;
(m) is the economic operator guilty of serious misrepresentation in providing any information required of that economic operator under the Public Contracts (Scotland) Regulations 2006.
In accordance with the Public Contracts (Scotland) Regulations 2006 the Authority shall treat as ineligible and shall not select any economic operator on one of more of the grounds set out below. 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:
(a) Has been convicted of the common law offence of conspiracy, where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(b) Has been convicted of corruption within the meaning of Section 1 of the Public Bodies Corrupt Practices Act 1889 or Section 1 of the Prevention of Corruption Act 1906;
(c) Has been convicted of bribery or corruption within the meaning of Sections 68 and 69 of the Criminal Justice (Scotland) Act 2003;
(d) Has been convicted of the common law offence of incitement to commit a crime;
(e) Has been convicted of 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 Union within the meaning of:
(i) the offence of cheating the inland 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;
(v) defrauding Her Majesty’s revenue and customs, within the meaning of the Customs & Excise Management Act 1979 and the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Community, within the meaning of Section 71 of The Criminal Justice Act 1993;
(vii) the common law offence of uttering; or
(viii) the criminal offence at common law of attempting to pervert the course of justice;
(f) Has been convicted of money laundering within the meaning of The Money Laundering Regulations 2007;
(g) Has been convicted of any other offence within the meaning of Article 45(1) of the Public Sector Directive 2004/18/EC of the European Parliament and of the Council of 31.3.2004 as defined by the national law of any relevant state;
III.2.2)Economic and financial capacity
III.2.3)Technical capacity
Information and formalities necessary for evaluating if requirements are met:
Please refer to the tender document for all required information.
Minimum level(s) of standards possibly required
(a) Potential framework participants must be able to demonstrate the existence of a valid and current UK marketing authorisation or EMEA marketing authorisation that has been approved by the MHRA for all goods tendered at the date of submission of the tender;
(c) The successful framework participant(s) and any sub-contractor(s) must possess valid certification of BS EN ISO9001 or equivalent.
Please refer to the tender document for all required information.
Minimum level(s) of standards possibly required
(a) Potential framework participants must be able to demonstrate the existence of a valid and current UK marketing authorisation or EMEA marketing authorisation that has been approved by the MHRA for all goods tendered at the date of submission of the tender;
(c) The successful framework participant(s) and any sub-contractor(s) must possess valid certification of BS EN ISO9001 or equivalent.
III.2.4)Reserved contracts
III.3)CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1)Execution of the service is reserved to a particular profession
III.3.2)Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service
IV.1)TYPE OF PROCEDURE
IV.1.1)Type of procedure
Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)AWARD CRITERIA
IV.2.1)Award criteria
Lowest price
IV.2.2)An electronic auction will be used
No
IV.3)ADMINISTRATIVE INFORMATION
IV.3.1)File reference number attributed by the contracting authority
NP39011
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents
Time limit for receipt of requests for documents or for accessing documents 15.8.2011
IV.3.4)Time-limit for receipt of tenders or requests to participate
16.8.2011 - 09:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
Duration in month(s): 3 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening tenders
Date: 16.8.2011 - 09:00
Place
National procurement, 2 Swinhill Avenue, Larkhall, ML9 2QX.
SECTION VI: COMPLEMENTARY INFORMATION
VI.1)THIS IS A RECURRENT PROCUREMENT
VI.2)CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS
VI.3)ADDITIONAL INFORMATION
The estimated value range referred to Sections II.1.4 and II.2.1 in this notice is for the initial 12 month duration of the contract and does not include the extension period.
Collaborative arrangements:
Selected Organisations 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 Quality Improvement Scotland, NHS Shetland, NHS Tayside, NHS Western Isles, Scottish Ambulance Service, The Common Services Agency for the Scottish Health Service (a.k.a the NHS National Services Scotland), The State Hospital for Scotland.
(SC Ref:203878).
Collaborative arrangements:
Selected Organisations 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 Quality Improvement Scotland, NHS Shetland, NHS Tayside, NHS Western Isles, Scottish Ambulance Service, The Common Services Agency for the Scottish Health Service (a.k.a the NHS National Services Scotland), The State Hospital for Scotland.
(SC Ref:203878).
VI.4)PROCEDURES FOR APPEAL
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: 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 2006 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. Economic operators are entitled to write to the Authority after receipt of the notification should they require further clarification. The Authority will respond within 15 days of such a written request, but it should be noted that receipt by the Authority of such request during the standstill period may not prevent the Authority from awarding the framework agreement following the expiry of the standstill period. Where an economic operator is dissatisfied with the Authority’s response to its request for clarification, or considers that the framework agreement has been concluded in breach of The Public Contracts (Scotland) Regulations 2006, such economic operator is advised to promptly seek independent legal advice.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)DATE OF DISPATCH OF THIS NOTICE:
1.7.2011