Find a TenderAwarded without competition

Published 4 Oct 2023, 11:19 BST

Official UK procurement notice

NP90323(c) Botulinum Toxin Type A Medicines (Xeomin®)

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 24 Oct 2023no call for competition

What is being bought

Published requirement description

Supply of Botulinum Toxin Type A Medicines(Xeomin®) to NHS Scotland:

NP90323(c): Botulinum Toxin Type A Injection 50-unit vial/ Botulinum Toxin Type A Injection 100-unit vial/ Botulinum Toxin Type A Injection 200-unit vial (Xeomin®)

CPV: Pharmaceutical products

How this framework works

From the published notice

Bids received: 1 bids received · 1 suppliers appointed

The lotProcurement structure

single lot · no lot value published

Lot #1The Framework Agreement is for the supply of Botulinum Toxin Type A (Xeomin®) to NHS…Awarded

The Framework Agreement is for the supply of Botulinum Toxin Type A (Xeomin®) to NHS Scotland. The Authority has awarded this framework as a Single supplier framework agreement to one (1) Framework Participant.

Delivery: Scotland · All entities constituted pursuant to the National Health Service (Scotland) Act 1978, and any Integrated Joint Boards established pursuant to the 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: 4 Oct 2023, 11:19 BST
Last source update: 17 Nov 2023, 09:13 GMT
FTS notice number: 2023/S 000-034029
Classification (CPV): Pharmaceutical products
Delivery area: Scotland (UKM)
Official registry OCID: ocds-h6vhtk-0407c5 Find a Tender

Why no open competition: The works, supplies or services can be provided only by a particular economic operator due to protection of exclusive rights, including intellectual property rights
Published justification: The medicine to be awarded to the framework agreement is protected by exclusive rights, including intellectual property rights, in line with Regulation 33(1)(b)(iii) 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(s) of the Framework Agreement referred to in Sections II.1.7 and V.2.4 cover(s) the thirty-six (36) month contract duration and the twelve (12) month extension period of the Framework Agreement. (SC Ref:749562)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

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

Bids received 1

Contracts signed 2latest 24 Oct 2023

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

Contracts

Contract 034029-2023-1
Signed
24 Oct 2023
Value
£2,935,440
Status
active
Contract 029230-2023-1
Signed
4 Oct 2023
Value
£2,772,360
Status
active

Bid statistics published by the authority

Bids	SME	VCSE	Valid bid range
1bids · 1 electronic · 1 from abroad	0	—	—

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

Dispute resolution & review bodies

Sheriff Court HouseReview body EdinburghContact email, phone

Framework contractors & participating bidders

1 commercial party on the notice

Merz Pharma UK LtdFramework contractor 260 Centennial Park, Elstree, Herts, UK, WD6 3SRContact email, phone

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.