Tender: UK-Edinburgh: pharmaceutical products

UK-Edinburgh: pharmaceutical products

2010/S 172-263409

CONTRACT NOTICE

Supplies

SECTION I: CONTRACTING AUTHORITY

• I.1)
  NAME, ADDRESSES AND CONTACT POINT(S)

  Contact: Attn: Tel. E-mail: The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
  National Procurement, Gyle Square, 1 South Gyle Crescent
  National Procurement
  Andrew Mumby
  EH12 9EBEdinburgh
  UNITED KINGDOM
  +44 1698794587
  andrew.mumby@nhs.net

  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=...

  Further information can be obtained at:Contact: Attn: Tel. E-mail: Internet: The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
  National Procurement, Gyle Square, 1 South Gyle Crescent
  National Procurement
  Andrew Mumby
  EH12 9EBEdinburgh
  UNITED KINGDOM
  +44 1698794587
  andrew.mumby@nhs.net
  http://www.nationalprocurement.scot.nhs.uk/

  Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at:Contact: Attn: Tel. E-mail: Internet: The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
  National Procurement, Gyle Square, 1 South Gyle Crescent
  National Procurement
  Andrew Mumby
  EH12 9EBEdinburgh
  UNITED KINGDOM
  +44 1698794587
  andrew.mumby@nhs.net
  http://www.nationalprocurement.scot.nhs.uk/

  Tenders or requests to participate must be sent to:Contact: Attn: Tel. E-mail: Internet: The Common Services Agency (more commonly known as NHS National Services Scotland) ("the Authority")
  National Procurement, Gyle Square, 1 South Gyle Crescent
  National Procurement
  Andrew Mumby
  EH12 9EBEdinburgh
  UNITED KINGDOM
  +44 1698794587
  andrew.mumby@nhs.net
  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

SECTION II: OBJECT OF THE CONTRACT

• II.1)
  DESCRIPTION
• II.1.1)
  Title attributed to the contract by the contracting authority

  NP39210 Botulinum Toxin Type A.

• 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").

  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 month(s): 12

• II.1.5)
  Short description of the contract or purchase(s)

  NP39210 is for the supply of Botulinum Toxin Type A to Health Boards across NHS Scotland.

  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=1....

• II.1.6)
  Common procurement vocabulary (CPV)

  33600000, 33693100

• 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

II.1.9)
Variants will be accepted

• II.2)
  QUANTITY OR SCOPE OF THE CONTRACT
• II.2.1)
  Total quantity or scope

  A multi supplier framework agreement for the supply of Botulinum Toxin Type A to NHS Scotland patients.

  Excluding VAT

  Range between 900 000 and 1 000 000 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 a further period of up to 12 months by giving a minimum of 3 month’s written notice of such extension prior to the expiry of the said extension period.

  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: 1

TITLE All product lines

• 1)SHORT DESCRIPTION

  Botulinum Toxin Type A injections.

• 2)COMMON PROCUREMENT VOCABULARY (CPV)

  33600000, 33693100

• 3)QUANTITY OR SCOPE

  Supply of Botulinum Toxin Type A injections.

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 regulating 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 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 and decide not to 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 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) Is the economic operator subject of any proceedings similar to those listed in paragraphs (a) to (f) above under the laws of any other state?

  (h) Has been convicted of a criminal offence relating to the conduct of the economic operator’s business or profession?

  (i) 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?

  (j) 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?

  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 31st March 2004 as defined by the national law of any relevant state?

III.2.2)
Economic and financial capacity

• III.2.3)
  Technical capacity

  Minimum level(s) of standards possibly required

  (a) Potential Framework Participants must be able to demonstrate the existence of a valid and current UK/EMEA Marketing Authorisation, or equivalent for all Goods tendered at the date of submission of the tender.

  (b) The successful Framework Participant and any sub-contractor(s) must posses 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

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)
  An electronic auction will be used

  No

• IV.3)
  ADMINISTRATIVE INFORMATION
• IV.3.1)
  File reference number attributed by the contracting authority

  NP39210

• IV.3.2)
  Previous publication(s) concerning the same contract

  Prior information notice

  Notice number in OJ: 2010/S 97-146513 of 20.5.2010

• IV.3.3)
  Conditions for obtaining specifications and additional documents

  Time limit for receipt of requests for documents or for accessing documents 4.10.2010

• IV.3.4)
  Time-limit for receipt of tenders or requests to participate

  4.10.2010 - 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: 4.10.2010 - 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 in this notice under sub-section II.2.1 is for the initial contract period of 12 months only and does not account for any additional extension options.

  Collabarative 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 Shared Services), The State Hospital for Scotland.

  (SC Ref:191597).

• 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 notifcation 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:

  3.9.2010