Find a TenderAwarded without competition
Published 13 Apr 2023, 08:44 BST

Official UK procurement notice

Peritoneal Dialysis at Home

Official notice

Authority: The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS") (NHS & healthcare)·Consortium: 2 public authorities

Framework agreementGoodsAward procedure without prior publication of a call for competition
Framework ceiling (notional)Value not publishedframework ceiling, not attributable revenue
Awarded 29 Mar 2024no call for competition
Framework period 6 yrs 11 moends 31 Mar 2023 · starts 1 Apr 2018

What is being bought

Published requirement description

This framework agreement is for the supply of peritoneal dialysis machines and the delivery of fluids, consumables and ancillaries to patients at home or in hospital or other designated address within NHS Scotland. The Framework is awarded as an unranked multi supplier Framework.

CPV: Pharmaceutical products · Renal dialysis consumables · Renal fluid · Renal support devices

How this framework works

From the published notice
Framework period
6 yrs 11 mo from 1 Apr 2018

The lotProcurement structure

single lot · no lot value published
Lot #1The framework agreement is awarded for the supply of peritoneal dialysis machines and… 6 yrs 11 mo

The framework agreement is awarded for the supply of peritoneal dialysis machines and the delivery of fluids, consumables and ancillaries to patient's homes or hospitals or other designated addresses within NHS Scotland.

Contract period: 1 Apr 2018 – 31 Mar 2023 (6 yrs 11 mo)
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
13 Apr 2023, 08:44 BST
Last source update
10 Apr 2024, 15:37 BST
FTS notice number
2024/S 000-011669
Classification (CPV)
Pharmaceutical productsRenal dialysis consumablesRenal fluidRenal support devices
Delivery area
Scotland (UKM)
Official registry OCID
ocds-h6vhtk-03be3e 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 and remove unnecessary disruption from the Authority at this time in line with Regulation 72(1)(b) 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) referred to in Section II.I.7 and Section V.2.4 covers the eight-four (84) month contract duration of the Framework Agreement. (SC Ref:762841)

How it was run

Official notice
Appointment period ends
—

Timeline

1 Apr 2018 → 10 Apr 2024 · 2 dates
  1. Contract starts
    1 Apr 2018, 00:00 BST
  2. Notice published
    10 Apr 2024, 15:37 BST

Notice history

4 events · 3 releases on Find a Tender · since 5 Mar 2024
  1. Status changed to complete
    5 Mar 2024, 09:28 GMT
  2. Procurement method changed
    5 Mar 2024, 09:28 GMT
  3. Buyer details updated
    5 Mar 2024, 09:28 GMT
  4. Buyer details updated
    10 Apr 2024, 15:37 BST

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

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

Contracts

  • Peritoneal Dialysis at Home

    Signed
    29 Mar 2024
    Value
    £24,500,000
    Period
    … – 31 Mar 2023
    Status
    active
    • Change This modification effects an extension of the Framework Agreement duration from 1 April 2024 until 31 March 2026. 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 after the Covid-19 pandemic (and recovery of services), the need to maintain necessary supply and remove unnecessary disruption from the Authority at this time have rendered this modification necessary, in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015.
  • Contract 006947-2024-NP56318-1

    Signed
    4 Mar 2024
    Value
    £7,400,000
    Period
    … – 31 Mar 2023
    Status
    active
  • NP56318 Peritoneal Dialysis

    Signed
    16 Feb 2018
    Value
    £21,680,000
    Period
    … – 31 Mar 2023
    Status
    active
    • Change This modification effects an extension of the Framework Agreement duration from 01 April 2023 until 31 March 2024. The modification notice is advised at Framework Agreement level only and so it does not detail individual Lots. All Terms and Conditions of Contract 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 during the Covid-19 pandemic and associated recovery, to maintain supply and remove unnecessary disruption from the Authority due to circumstances unforeseen by the Authority in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015.

Contracting authority & participating public bodies

2 public bodies on the notice

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

Consortium members and other public bodies

  • NSS NP Strategic SouceContracting authorityBody governed by public lawHealth Current NHS Line Manager, ScotlandContact name, email, phone

Dispute resolution & review bodies

  • Sheriff Court HouseReview body EdinburghContact email, phone

Framework contractors & participating bidders

2 commercial parties on the notice
  • Baxter Healthcare LtdFramework contractor Wallingford Road, Compton,, Newbury, Berkshire, UK, RG20 7QWContact phone
  • Fresenius Medical Care (UK) LimitedFramework contractor Nunn Brook Road, Huthwaite,, Sutton-in-Ashfield, Nottinghamshire, Nottinghamshire, East Midlands, NG17 2HUContact phone

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.