ENT, Ophthalmology & Skin Generic 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 point(s): National Procurement
For the attention of: Stevie Mclaughlin
ML9 2QX Larkhall
UNITED KINGDOM
Telephone: +44 1698794578
E-mail:
Fax: +44 1698794403
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 from: The above mentioned contact point(s)
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
Health
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: 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 by the contracting authority:
ENT, Ophthalmology & Skin Generic Medicines
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
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 organisation established pursuant to the NHS (Scotland) Act 1978 (altogether hereinafter referred to as "NHS Scotland").
Purchase
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 organisation established pursuant to the NHS (Scotland) Act 1978 (altogether hereinafter referred to as "NHS Scotland").
NUTS code UKM
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with a single operator
Range: between 8 500 000 and 9 500 000 GBP
Duration of the framework agreement
Duration in months: 34Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT:Range: between 8 500 000 and 9 500 000 GBP
II.1.5)Short description of the contract or purchase(s)
This Framework Agreement is for the supply of ENT, Ophthalmology & Skin Generic Medicines.
NOTE: The authority 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.
NOTE: The authority 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 project_1038 within the appropriate area.
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.II.1.6)Common procurement vocabulary (CPV)
33600000, 33630000, 33631000, 33631100, 33631200, 33631300, 33631500, 33631700, 33662100, 33711740
II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: yes
Tenders may be submitted for one or more lots
Tenders may be submitted for one or more lots
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
The framework agreement is for the supply of ENT, Ophthalmology & Skin Generic Medicines to NHS Scotland. Each product line within the Framework Agreement will be treated as an individual lot and will be awarded as a single supplier award. It is anticipated that there will be approximately 110 lots.
Estimated value excluding VAT:
Range: between 8 500 000 and 9 500 000 GBP
Estimated value excluding VAT:
Range: between 8 500 000 and 9 500 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: The Authority is entitled at its sole discretion to extend the thirty four(34) month duration of the Framework Agreement by one (1) period of up to twelve (12) months by giving a minimum of three (3) months written notice of such extension.
Description of these options: The Authority is entitled at its sole discretion to extend the thirty four(34) month duration of the Framework Agreement by one (1) period of up to twelve (12) months by giving a minimum of three (3) months written notice of such extension.
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 1
Number of possible renewals: 1
II.3)Duration of the contract or time limit for completion
Information about lots
Lot No: 1 Lot title: Includes all Product Lines1)Short description
Each product line in the tender schedule within the ITT will be treated as an individual lot. It is anticipated that there will be approximately 110 lots.
2)Common procurement vocabulary (CPV)
33600000, 33630000, 33631000, 33631100, 33631200, 33631300, 33631500, 33631700, 33662100, 33711740
3)Quantity or scope
As per tender schedule.
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:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
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
The performance of the contract is subject to particular conditions: 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 the requirements are met: In accordance with the Public Contracts (Scotland) Regulations 2012 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 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 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 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.
(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 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 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.
III.2.2)Economic and financial ability
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the 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 agree to the terms of the Supply / Support Specification.
(b) Where Product submitted is a medicine Potential Framework Participants must be able to demonstrate the existence of a valid and current UK Marketing Authorisation/EMEA Marketing Authorisation that has been approved by the MHRA at the date of submission of the tender.
(c) Where product submitted is a medical device, product will require a CE declaration of conformity at the date of submission of the tender.
(d) The successful Framework Participant(s) and any sub-contractor(s) must possess valid certification of BS EN ISO9001 or equivalent.
(e) 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 AssuranceGroup ("SPQAG").
Please refer to the tender document for all required information.
Minimum level(s) of standards possibly required:
(a) Potential Framework Participants must agree to the terms of the Supply / Support Specification.
(b) Where Product submitted is a medicine Potential Framework Participants must be able to demonstrate the existence of a valid and current UK Marketing Authorisation/EMEA Marketing Authorisation that has been approved by the MHRA at the date of submission of the tender.
(c) Where product submitted is a medical device, product will require a CE declaration of conformity at the date of submission of the tender.
(d) The successful Framework Participant(s) and any sub-contractor(s) must possess valid certification of BS EN ISO9001 or equivalent.
(e) 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 AssuranceGroup ("SPQAG").
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service
Section IV: Procedure
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)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
NP37113
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Time limit for receipt of requests for documents or for accessing documents: 14.6.2013
IV.3.4)Time limit for receipt of tenders or requests to participate
17.6.2013 - 12:00
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 months: 3 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders
Date: 17.6.2013 - 12:00
Place:
National Procurement, 2 Swinhill Avenue, Larkhall, ML9 2QX
Section VI: Complementary information
VI.1)Information about recurrence
VI.2)Information about European Union funds
VI.3)Additional information
The estimated value range referred to sections II.1.4 and II.2.1 covers the thirty four (34) months initial duration and the full twelve (12) month extension option. Variants will NOT be accepted.
(SC Ref:263954)
(SC Ref:263954)
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 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. 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 2012, 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:
2.5.2013