Medical Liquid Oxygen and Associated Equipment and Services

Authority: The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS") (NHS & healthcare)

Framework agreementGoodsAward procedure without prior publication of a call for competition

Sectors: Medical Devices & Pharma (33) Delivery: Scotland (UKM)

Framework ceiling (notional)Value not publishedframework ceiling, not attributable revenue

Awarded 13 Oct 2022no call for competition

What is being bought

Published requirement description

The framework agreement is for the supply of Medical Liquid Oxygen and Associated Equipment and Services to NHS Scotland.

CPV: Pharmaceutical products

The lotProcurement structure

single lot · no lot value published

Lot #1This extension is for the supply of Medical Liquid Oxygen and Associated Equipment and…

This extension is for the supply of Medical Liquid Oxygen and Associated Equipment and Services to NHS Scotland.

Delivery: Scotland · All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014.

33600000 Pharmaceutical products

Procedure terms & legal framework

From the official record · publisher note attached

Procedure method: Award procedure without prior publication of a call for competition
Legal basis: CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category: Goods
Notice status: Awarded without competition
Procurement threshold: Unspecified in notice
Regulatory regime: Standard
Commercial structure: Framework agreement
Who may use this agreement: Not stated in the notice; call-off rights may be limited to the establishing authority
Competition type: Direct award (no call for competition)
GPA / WTO covered: Yes (GPA)
Recurring procurement: Unspecified in notice
First published: 13 Oct 2022, 12:39 BST
Last source update: 28 Nov 2022, 15:08 GMT
Authority reference: NP37314
FTS notice number: 2022/S 000-033663
Classification (CPV): Pharmaceutical products
Delivery area: Scotland (UKM)
Official registry OCID: ocds-h6vhtk-037562 Find a Tender

Why no open competition: The procurement falls outside the scope of application of the directive
Published justification: This VEAT notice is to advise the need for modification to meet the additional demands of the Scottish Health and Social Care sector during the current Covid-19 pandemic and to maintain necessary supply due to circumstances unforeseen by the Authority in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015.

Review and risk notes

Review procedure: Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts: An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.
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.

Publisher note: The estimated value referred to in Section V.2.4 covers the ninety-six (96) months of the framework length and twelve (12) months extension period of the framework agreement. (SC Ref:714327)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

Suppliers appointed 1admitted to the panel · see the list ↓

Contracts signed 2latest 13 Oct 2022

2 suppliers are admitted to this framework without individual award values or dates, see the supplier list below.

Contracts

Contract 028819-2022-NP37314-1
Signed
13 Oct 2022
Value
£2,027,962
Status
active
Medical Liquid Oxygen and Associated Equipment and Services
Signed
17 Sept 2014
Value
£19,802,820
Period
1 Nov 2023 – 31 Oct 2024
Status
active
- Change The modification to this Framework Agreement is an additional twelve-months extension. All terms & conditions of contract remain in place., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: The additional demands of the Scottish Health and Social Care sector during the Covid-19 pandemic (and recovery of services), the need to maintain necessary supply and remove unnecessary disruption from the Authority at this time are all factors that have deemed this modification necessary in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015.

Contracting authority & participating public bodies

The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")

Contracting authorityNHS & healthcareBody governed by public lawHealth Gyle Square (NSS Head Office), 1 South Gyle Crescent, Edinburgh, Scotland, EH12 9EBContact name, email, phone

Dispute resolution & review bodies

Sheriff Court HouseReview body EdinburghContact email

Framework contractors & participating bidders

2 commercial parties on the notice

Air Products PLCFramework contractor 2 Millennium Gate, Westmere Drive, Crewe, UK, CW1 6APContact phone
Air Products PlcFramework contractor 2 Millennium Gate, Westmere Drive, Crewe, UK, CW1 6AP

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.