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Supply of Adalimumab.

Voluntary ex ante transparency notice

This notice is covered by: Directive 2004/18/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

The Common Services Agency (more commonly known as NHS National Services Scotland) ('the Authority')
National Procurement, 2 Swinhill Avenue
Contact point(s): National Procurement
For the attention of: Stuart Gillespie
ML9 2QX Larkhall
UNITED KINGDOM
Telephone: +44 1698794585
E-mail:

Internet address(es):

General address of the contracting authority/entity: http://www.nhsscotlandprocurement.scot.nhs.uk/

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883

I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
Health
1.4)Contract award on behalf of other contracting authorities/entities

The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: yes

Golden Jubilee Hospital (National Waiting Times Centre Board), NHS 24, NHS Ayrshire and Arran, NHS Borders, NHS Dumfries and Galloway, NHS Education for Scotland, NHS Fife, NHS Forth Valley, NHS Grampian, NHS Greater Glasgow and Clyde, NHS Health Scotland, NHS Highland, NHS Lanarkshire, NHS Lothian, NHS Orkney, NHS Shetland, NHS Tayside, NHS Western Isles, Scottish Ambulance Service, The State Hospital for Scotland, The Common Services Agency for the Scottish Health Service, Healthcare Improvement Scotland

All entities constituted pursuant to the National Health Service (Scotland) Act 1978, (i.e. all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisation established pursuant to the NHS (Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract
Supply of Adalimumab.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Main site or location of works, place of delivery or of performance: Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards and/or the Authority or other NHS organisations established pursuant to the NHS (Scotland) Act 1978 and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014 (altogether hereinafter referred to as ‘NHS Scotland’).

NUTS code UKM

II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Short description of the contract or purchase(s)
The supply of Adalimumab to Health Boards across NHS Scotland.
II.1.5)Common procurement vocabulary (CPV)

33600000

II.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 97 769 559 GBP
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
The works/goods/services can be provided only by a particular tenderer for reasons that are: connected with the protection of exclusive rights
This Framework Agreement is being awarded as per Regulation 14 (1) section (iii) of The Public Contracts (Scotland) Regulations 2012.
‘A contracting authority may use the negotiation procedure without prior publication of a contract notice in accordance with regulation 17(3) in the following circumstances - when, for technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the public contract may be awarded only to a particular economic operator’.
IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority/entity
NP90715(a)
IV.3.2)Previous publication(s) concerning the same contract
no

Section V: Award of contract

Contract No: NP90715(a) Lot title: Supply of Adalimumab
V.1)Date of contract award decision:
15.6.2015
V.2)Information about offers
Number of offers received:1
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

Abbvie Ltd
Abbott House, Vanwall Road
SL6 4XE Maidenhead
UNITED KINGDOM

V.4)Information on value of contract
V.5)Information about subcontracting

Section VI: Complementary information

VI.1)Information about European Union funds
VI.2)Additional information:
The total value in section II.2.1 refers to the initial 24 month term of the Framework Agreement and the full period of the 12 month extension option.
(SC Ref:396361).
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals The notification will incorporate a 'standstill period' of a minimum of 10 clear calendar days (or a minimum of 15 if the communication method used is not electronic) between the date on which the Authority despatches the VEAT notice and the date on which the Authority proposes to conclude the relevant framework agreement. The bringing of court proceedings against the Authority during the standstill period will automatically continue the prohibition on entering into the framework agreement until the court proceedings are determined, discontinued or disposed of, or the court, by interim order, brings to an end the prohibition. The remedies that may be awarded by the courts before the framework agreement has been entered into include the setting aside of the decision to award the framework agreement to the winning tenderer. 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 2012 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.
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice:
1.5.2015