Supply contract - contract notice - 269116-2009 - en

European Communities – Supply contracts – Open procedure UK-Edinburgh: pharmaceutical products
2009/S 187-269116
CONTRACT NOTICE
Supplies
SECTION I: CONTRACTING AUTHORITY
I.1)
NAME, ADDRESSES AND CONTACT POINT(S):
The Common Services Agency (more commonly known as National Services Scotland) ("the Authority"), Gyle
Square (NSS Head Office), 1 South Gyle Crescent, Contact: National Procurement, Attn: Mairi Gibson, UK-
Edinburgh EH12 9EB . Tel. +44 1312756000. E-mail:.
Internet address(es):
General address of the contracting authority:.
Address of the buyer profile: Further information can be obtained at: The Common Services Agency (more commonly known as
National Services Scotland) ("the Authority"), Gyle Square (NSS Head Office), 1 South Gyle Crescent,
Contact: National Procurement, Attn: Mairi Gibson, UK-Edinburgh EH12 9EB . Tel. +44 1698794544. E-mail:
URL:.
Specifications and additional documents (including documents for competitive dialogue and a
dynamic purchasing system) can be obtained at: The Common Services Agency (more commonly known
as National Services Scotland) ("the Authority"), Gyle Square (NSS Head Office), 1 South Gyle Crescent,
Contact: National Procurement, Attn: Mairi Gibson, UK-Edinburgh EH12 9EB . Tel. +44 1698794544. E-mail:
URL:.
Tenders or requests to participate must be sent to: The Common Services Agency (more commonly known
as National Services Scotland) ("the Authority"), Gyle Square (NSS Head Office), 1 South Gyle Crescent,
Contact: National Procurement, Attn: Mairi Gibson, UK-Edinburgh EH12 9EB . Tel. +44 1698794544. E-mail:
URL:.
TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Body governed by public law.
Health.
The contracting authority is purchasing on behalf of other contracting authorities: yes.
SECTION II: OBJECT OF THE CONTRACT
II.1)
DESCRIPTION
Title attributed to the contract by the contracting authority:
NP314/09 Clozapine Generic Medicine.
Type of contract and location of works, place of delivery or of performance:
Supplies.
Purchase.
Main place of delivery: Any or all locations of NHS Scotland Health Boards, Special Health Boards and / or the
NHS Scotland Common Services Agency (altogether "NHS Scotland").
NUTS code: UKM.
European Communities – Supply contracts – Open procedure Supplement to the Official Journal of the European Union European Communities – Supply contracts – Open procedure The notice involves:
The establishment of a framework agreement.
Information on framework agreement:
Framework agreement with a single operator.
Duration of the framework agreement: Duration in months: 24.
Estimated total value of purchases for the entire duration of the framework agreement:
Estimated value excluding VAT:
Range: between 3 200 000 and 6 400 000 GBP.
Short description of the contract or purchase(s):
Medicines included in contract NP31409 (previously known as PHP025.1) are for the supply of Clozapine.
NOTE: To register your interest in this notice and obtain any additional information please visit the Public
Contracts Scotland Web Site at.
Common procurement vocabulary (CPV):
33600000.
Contract covered by the Government Procurement Agreement (GPA):
Yes.
Division into lots:
Yes.
Tenders should be submitted for: one or more lots.
Variants will be accepted:
Yes.
QUANTITY OR SCOPE OF THE CONTRACT
Total quantity or scope:
This contract will consist of 2 lots .
Lot 1 will contain one (1) range of tablets, which will be awarded as a single supplier framework based on the
most economically advantageous tender for the Lot.
Lot 2 will contain one (1) range of suspension, which will be awarded as a single supplier framework based on
the most economically advantageous tender for the Lot.
Estimated value excluding VAT:
Range: between 3 200 000 and 6 400 000 GBP.
Options:
Yes.
Description of these options: Contract duration will be for twenty four (24) months with option on the part of the
Contracting Authority to extend by a period of up to twenty four (24) months by giving a minimum of one months
written notice of such extension.
Number of possible renewals: 1.
DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Starting: 1.2.2010. Completion: 31.1.2012.
INFORMATION ABOUT LOTS
LOT NO 01
TITLE: Clozapine Tablets
European Communities – Supply contracts – Open procedure Supplement to the Official Journal of the European Union European Communities – Supply contracts – Open procedure SHORT DESCRIPTION:
Each product range will be detailed in the tender schedule.
COMMON PROCUREMENT VOCABULARY (CPV):
33600000.
QUANTITY OR SCOPE:
Medicine known as Clozapine used in the treatment of Schizophrenia.
INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION:
ADDITIONAL INFORMATION ABOUT LOTS:
SHORT DESCRIPTION:
Each product will be detailed in the tender schedule.
COMMON PROCUREMENT VOCABULARY (CPV):
33600000.
QUANTITY OR SCOPE:
Medicine known as Clozapine used in the treatment of Schizophtenia.
INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION:
ADDITIONAL INFORMATION ABOUT LOTS:
SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION
III.1)
CONDITIONS RELATING TO THE CONTRACT
Deposits and guarantees required:
Main financing conditions and payment arrangements and/or reference to the relevant provisions
regulating them:
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Joint and several liability.
Other particular conditions to which the performance of the contract is subject:
Yes.
In accordance with the Public Contracts (Scotland) Regulations 2006 the Authority may treat as ineligible or and
decide not to select any economic operator on one of more of the grounds set out below. Accordingly economic
operators MUST in each case confirm whether or not any of the following apply, namely:
(a) Has the economic operator been declared bankrupt?
(b) Has the economic operator had a receiving order or an administration order or bankruptcy restrictions order
made against it/him/her?
(c) Has the economic operator made any composition or arrangement with or for the benefit of creditors or made
any conveyance or assignation for the benefit of its creditors?
(d) Has the economic operator appeared unable to pay or has no reasonable prospects of being able to pay a
debt within the meaning of Section 268 of the Insolvency Act 1986?
(e) Has the economic operator granted a Trust Deed for creditors or become otherwise apparently insolvent?
(f) Is the economic operator the subject of a petition presented for sequestration of its/his/her estate?
(g) Is the economic operator subject of any proceedings similar to those listed in paragraphs (a) to (f) above
under the laws of any other state?
European Communities – Supply contracts – Open procedure Supplement to the Official Journal of the European Union European Communities – Supply contracts – Open procedure (h) Has been convicted of a criminal offence relating to the conduct of the economic operator’s business orprofession?(i) Has failed to fulfil obligations relating to the payment of Social Security contributions under the law of theUnited Kingdom or the relevant state in which the economic operator is established?(j) Has failed its/his/her obligations relating to payment of taxes under the law of any part of the United Kingdomor the relevant state in which the economic operator is established?In accordance with the Public Contracts (Scotland) Regulations 2006 the Authority shall treat as ineligible andshall not select any economic operator on one of more of the grounds set out below. Accordingly economicoperators MUST in each case confirm whether or not the economic operator, any of its directors or any otherperson who has power of representation, decision or control over the economic operator:(a) Has been convicted of the common law offence of conspiracy, where that conspiracy relates to participationin a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA?(b) Has been convicted of corruption within the meaning of Section 1 of the Public Bodies Corrupt Practices Act1889 or Section 1 of the Prevention of Corruption Act 1906?(c) Has been convicted of bribery or corruption within the meaning of Sections 68 and 69 of the Criminal Justice(Scotland) Act 2003?(d) Has been convicted of the common law offence of incitement to commit a crime?(e) Has been convicted of fraud, where the offence relates to fraud affecting the financial interests of theEuropean Communities, as defined by Article 1 of the Convention relating to the protection of the financialinterests of the European Union within the meaning of:(i) the offence of cheating the Inland Revenue;(ii) the common law offence of fraud;(iii) the common law offence of theft or fraud;(iv) fraudulent trading within the meaning of Section 458 of the Companies Act 1985;(v) defrauding Her Majesty’s Revenue and Customs, within the meaning of the Customs & Excise ManagementAct 1979 and the Value Added Tax Act 1994;(vi) an offence in connection with taxation in the European Community, within the meaning of Section 71 of TheCriminal Justice Act 1993;(vii) the common law offence of uttering; or(viii) the criminal offence at common law of attempting to pervert the course of justice?(f) Has been convicted of money laundering within the meaning of The Money Laundering Regulations 2007?(g) Has been convicted of any other offence within the meaning of Article 45(1) of the Public Sector Directive2004/18/EC of the European Parliament and of the Council of 31st March 2004 as defined by the national law ofany relevant state?.
CONDITIONS FOR PARTICIPATION
Personal situation of economic operators, including requirements relating to enrolment on professional
or trade registers:
Economic and financial capacity:
Technical capacity:
Reserved contracts:
CONDITIONS SPECIFIC TO SERVICES CONTRACTS
Execution of the service is reserved to a particular profession:
Legal entities should indicate the names and professional qualifications of the staff responsible for the
execution of the service:
European Communities – Supply contracts – Open procedure Supplement to the Official Journal of the European Union European Communities – Supply contracts – Open procedure SECTION IV: PROCEDURE
IV.1)
TYPE OF PROCEDURE
Type of procedure:
Open.
Limitations on the number of operators who will be invited to tender or to participate:
Reduction of the number of operators during the negotiation or dialogue:
AWARD CRITERIA
Award criteria:
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation
to tender or to negotiate or in the descriptive document.
An electronic auction will be used:
No.
ADMINISTRATIVE INFORMATION
File reference number attributed by the contracting authority:
NP314 /09.
Previous publication(s) concerning the same contract:
Conditions for obtaining specifications and additional documents or descriptive document:
Time limit for receipt of requests for documents or for accessing documents: 9.11.2009.
Time-limit for receipt of tenders or requests to participate:
9.11.2009 - 12:00.
Date of dispatch of invitations to tender or to participate to selected candidates:
Language(s) in which tenders or requests to participate may be drawn up:
English.
Minimum time frame during which the tenderer must maintain the tender:
Duration in month(s): 3 (from the date stated for receipt of tender).
Conditions for opening tenders:
Date: 9.11.2009 - 12:00.
Place: National Procurement, 2 Swinhill Avenue, Larkhall ML9 2QX.
SECTION VI: COMPLEMENTARY INFORMATION
VI.1)
THIS IS A RECURRENT PROCUREMENT:
CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU FUNDS:
ADDITIONAL INFORMATION:
It is a requirement of the Invitation to Tender that any Potential Framework Participant must be able to
demonstrate the existence of a valid and current UK/EMEA Marketing Authorisation for all Goods tendered at
date of submission of the tender.
The total value refered to is based on spend over the total contract period including the optional extension
period of up to 24 months.
The Purchasing Authority is acting on behalf of the following organisations:
Any or all NHS Scotland Health Boards, Special Health Boards and / or the NHS Scotland Common Services
Agency (altogether "NHS Scotland").
(SC Ref:165626).
European Communities – Supply contracts – Open procedure Supplement to the Official Journal of the European Union European Communities – Supply contracts – Open procedure PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures:
VI.4.2) Lodging of appeals:
Precise information on deadline(s) for lodging appeals: The authority will incorporate a standstill period ofa minimum of 10 calendar days at the point information on the award of the contract is communicated totenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authoritybefore the contract is entered into. Applicants have 2 working days from notification of the award decision torequest additional debriefing and that information will be provided a minimum of 3 working days before expiry ofthe standstill period. Such additional information should be requested from the address in section 1.1.
If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts( Scotland) Regulations 2006 (SSI 2006 No.1) provide for aggrieved parties who have been harmed or are atrisk of harm by a breach of the rules to take action in the Sheriff Court or Court of Session. Any such actionmust be brought promptly (generally within 3 months). Where a contract has not been entered into the courtmay order the settling aside of the award decision or order the authority to amend any document and mayaward damages. If the contract has been entered into the court may only award damages.
VI.4.3) Service from which information about the lodging of appeals may be obtained:
VI.5)
DATE OF DISPATCH OF THIS NOTICE:
24.9.2009.
European Communities – Supply contracts – Open procedure Supplement to the Official Journal of the European Union

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