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Published 18 Dec 2023, 10:32 GMT

Official UK procurement notice

NP92520b Aflibercept (Eylea®) · UK public procurement notice

Official notice

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

Goods
Awarded value£164,134,486published contract · exc. VAT
Awarded 12 Dec 2023
Awarded to Bayer Plc

What is being bought

Published requirement description

No description was published on the notice. See the official documents.

CPV: Pharmaceutical products

The lotProcurement structure

single lot · no lot value published
Lot #1This contract modification, effecting an extension of the Framework Agreement duration…

This contract modification, effecting an extension of the Framework Agreement duration from 01/02/2024 until 30/11/2025, has been agreed between the supplier and the Authority on behalf of NHS Scotland to meet the additional demands of the Scottish Health and Social Care sector during the Covid-19 pandemic and associated recovery.

This modification has been approved to maintain necessary supply and remove unnecessary disruption from the Authority at this time in line with Regulation 72(1)(b) of the Public Contracts (Scotland) Regulations 2015.

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.

Procedure terms & legal framework

From the official record · publisher note attached
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Goods
Notice status
Awarded
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Competitive procedure
GPA / WTO covered
Unspecified in notice
Recurring procurement
Unspecified in notice
First published
18 Dec 2023, 10:32 GMT
Last source update
18 Dec 2023, 10:32 GMT
FTS notice number
2023/S 000-037072
Classification (CPV)
Pharmaceutical products
Delivery area
Scotland (UKM)
Official registry OCID
ocds-h6vhtk-042656 Find a Tender
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 of the Framework Agreement referred to in Section V.2.4 cover(s) the 20 month contract duration and the 24 month extension period of the Framework Agreement. (SC Ref:752190)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £164,134,4861 contract exc. VAT
Contracts signed 1latest 12 Dec 2023
Awarded toValueDateStatus
Bayer PlcSME£164,134,486 †—Awarded

Contracts

  • NP92520b Aflibercept (Eylea®) · Bayer PlcSME

    Signed
    12 Dec 2023
    Value
    £164,134,486
    Status
    active
    • Change This modification effects an extension of the Framework Agreement duration from 01/02/024 until 30/11/2025. The modification notice is advised at Framework Agreement level only and so it does not detail individual Lots. All Terms and Conditions for the Framework Agreement remain in place., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: This modification is necessary to meet the additional demands of the Scottish Health and Social Care sector to maintain necessary supply due to circumstances unforeseen by the Authority, during the Covid-19 pandemic and associated recovery to maintain necessary supply and remove unnecessary disruption from the Authority, and at this time have rendered this modification necessary, in line with Regulation 72(1)(b) 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 & healthcare Gyle Square (NSS Head Office), 1 South Gyle Crescent, Edinburgh, Scotland, EH12 9EBContact name, email, phone

Dispute resolution & review bodies

  • Sheriff Court House EdinburghReview body EdinburghContact email, phone

Bidders & participating suppliers

1 commercial party on the notice
  • Bayer PlcAwarded supplier 400 South Oak Way, Green Park, Reading, Scotland, RG2 6AD

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.