Find a TenderAwarded without competition

Published 28 Jul 2023, 08:55 BST

Official UK procurement notice

NP94023a-d Ellipta Inhalers · UK public procurement notice

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 15 Aug 2023no call for competition

What is being bought

Published requirement description

Supply of Ellipta Inhalers to NHS Scotland:

NP94023a: Umeclidinium bromide 65micrograms/dose / Vilanterol 22micrograms/dose dry powder inhaler (Anoro® Ellipta®)

NP94023b: Umeclidinium bromide 65micrograms/dose dry powder inhaler (Incruse® Ellipta®)

NP94023c: Fluticasone furoate 184micrograms/dose / Vilanterol 22micrograms/dose dry powder inhaler (Relvar® Ellipta®)

NP94023c: Fluticasone furoate 92micrograms/dose / Vilanterol 22micrograms/dose dry powder inhaler (Relvar® Ellipta®)

NP94023d: Fluticasone furoate 92micrograms/dose / Umeclidinium 55micrograms/dose / Vilanterol 22micrograms/dose dry powder inhaler (Trelegy® Ellipta®)

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 four individual Framework Agreements are for the supply of a range of Ellipta…Awarded

The four individual Framework Agreements are for the supply of a range of Ellipta Inhalers to NHS Scotland. Each Framework Agreement has been awarded as a single supplier framework agreement to 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.

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: 28 Jul 2023, 08:55 BST
Last source update: 1 Sept 2023, 12:25 BST
FTS notice number: 2023/S 000-025777
Classification (CPV): Pharmaceutical products
Delivery area: Scotland (UKM)
Official registry OCID: ocds-h6vhtk-03eb16 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 medicines awarded to the individual framework agreements are 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 Agreements has been entered into will not affect the Framework Agreements 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 Agreements has been entered into are limited to the award of damages.

Publisher note: Total estimated value of the procurement in Sections II.1.7 and V.2.4 covers the forty-eight (48) month contract duration and the twelve (12) month extension period of the Framework Agreements. (SC Ref:743493)

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 15 Aug 2023

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

Contracts

All 2 of these contracts carry the same published figure, £3,605,000, the framework's maximum for the whole notice, not each contract's own value. They are not eleven separate sums.

Contract 025777-2023-1
Signed
15 Aug 2023
Value
ceiling above
Status
active
Contract 021920-2023-1
Signed
27 Jul 2023
Value
ceiling above
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 email, phone

Dispute resolution & review bodies

Sheriff Court HouseReview body EdinburghContact email, phone

Framework contractors & participating bidders

1 commercial party on the notice

GSK UK LimitedFramework contractor 1-3 Iron Bridge Road, Stockley Park West, Uxbridge, UK, UB11 1BTContact phone

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.