Modification notice
Modification of a contract/concession during its term
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")
Gyle Square (NSS Head Office), 1 South Gyle Crescent
Edinburgh
EH12 9EB
UK
Contact person: Laura Santi
Telephone: +44 1698794410
E-mail: laura.santi@nhs.net
NUTS: UKM
Internet address(es)
Main address: http://www.nhsscotlandprocurement.scot.nhs.uk/
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Oxygen & Sleep Therapy
Reference number: NP101/18
II.1.2) Main CPV code
33140000
II.1.3) Type of contract
Supplies
II.2) Description
II.2.2) Additional CPV code(s)
33157000
II.2.3) Place of performance
NUTS code:
UKM
II.2.4) Description of the procurement
The supply and delivery of Sleep Therapy CPAP & NIV devices and patient interfaces and Oxygen Therapy devices, patient interfaces and associated consumables to 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)
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start:
06/12/2018
End:
05/12/2022
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2018/S 243-554802
Section V: Award of contract/concession
Contract No: NP10118
Title: Oxygen & Sleep Therapy
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
30/11/2018
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
Yes
V.2.3) Name and address of the contractor/concessionaire
Dolby Vivisol
North Suite, Lomond Court, Castle Business Park
Stirling
FK9 4TU
UK
Telephone: +44 7557260121
Fax: +44 1293575911
NUTS: UK
The contractor/concessionaire is an SME:
Yes
V.2.3) Name and address of the contractor/concessionaire
BOC Gases
Priestley Way, Cambuslang
Glasgow
G72 7HN
UK
Telephone: +44 7879435749
Fax: +44 1413033055
NUTS: UK
The contractor/concessionaire is an SME:
No
V.2.3) Name and address of the contractor/concessionaire
Fisher & Paykel Healthcare Ltd
16 Cordwallis Park, , Clivemont Road
Maidenhead
SL6 7BU
UK
Telephone: +44 1628678407
NUTS: UK
The contractor/concessionaire is an SME:
Yes
V.2.3) Name and address of the contractor/concessionaire
ResMed (UK)Ltd
96 Milton Park
Abingdon
OX14 4RY
UK
Telephone: +44 1235862997
Fax: +44 1235831336
NUTS: UK
The contractor/concessionaire is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 18 400 000.00
GBP
Section VI: Complementary information
VI.3) Additional information
The Common Services Agency (more commonly known as National Services Scotland) (‘the Authority’) acting through its division National Procurement, is undertaking this procurement of Sleep Therapy CPAP & NIV devices and patient interfaces and Oxygen Therapy devices, patient interfaces and associated consumables (‘Products’ 'services') as outlined further below on behalf of 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), any integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014 Partnership (collectively hereafter referred to as ‘Participating Authorities’).
NOTE: The buyer is using PCS-Tender to carry out this procurement process. Please note this is a separate website and if you are not already registered, registration will be required.
To access PCS-Tender, record your interest in this notice and access the tender documentation please visit
https://www.publictendersscotland.publiccontractsscotland.gov.uk and search for project Code ???? under ITTs Open to All Suppliers. Please use the Search/Filter function, then select Project Code from the dropdown. Please note that once you have expressed interest in the ITT it will move to your My ITTs area.
The Contracting Authority does not intend to include a sub-contract clause in this contract.
Community benefits are included in this requirement. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361
(SC Ref:679817)
VI.4) Procedures for review
VI.4.1) Review body
Sheriff Court House
27 Chambers Street
Edinburgh
EH1 1LB
UK
Telephone: +44 1312252525
E-mail: edinburgh@scotcourts.gov.uk
Internet address(es)
URL: http://www.nhsscotlandprocurement.scot.nhs.uk/
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
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.
VI.5) Date of dispatch of this notice
25/01/2022
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
33140000
VII.1.2) Additional CPV code(s)
VII.1.3) Place of performance
NUTS code:
UKM
VII.1.4) Description of the procurement
This modification of contract term from 06/12/2022 to 05/12/2023 is necessary to meet the additional demands of the Scottish Health and Social Care sector during the current Covid-19 pandemic and to maintain necessary supply due to circumstances unforeseen by the Authority in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015
Modification notice is advised at framework level and does not detail individual lots.
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start:
06/12/2022
End:
05/12/2023
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 1 150 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
Yes
VII.1.7) Name and address of the contractor/concessionaire
ResMed (UK)Ltd
96 Milton Park
Abingdon
OX14 4RY
UK
Telephone: +44 1235862997
Fax: +44 1235831336
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
Dolby Vivisol
North Suite, Lomond Court, Castle Business Park
Stirling
FK9 4TU
UK
Telephone: +44 7557260121
Fax: +44 1293575911
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
BOC Gases
Priestley Way, Cambuslang
Glasgow
G72 7DD
UK
NUTS: UKM
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
Fisher & Paykel Healthcare Ltd
16 Cordwallis Park, , Clivemont Road
Maidenhead
SL6 7BU
UK
Telephone: +44 1628678407
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
Aquilant Ltd
Unit B1-B2 Bond Close, Kingsland Business Park
Basingstoke
RG24 8PZ
UK
Telephone: +44 1256365499
Fax: +44 1256365486
NUTS: UKJ3
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
Armstrong Medical Ltd.
Wattstown Business Park, Newbridge Road
Coleraine
BT52 1BS
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
Intermedical (UK) Ltd
Unit 6 Mill Hall Business Estate
Aylesford
ME20 7JZ
UK
NUTS: UKJ4
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
Intersurgical Ltd
Crane House, Molly Millars Lane
Wokingham, Berkshire
RG41 2RZ
UK
Telephone: +44 1189656351
Fax: +44 1189656356
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
Clement Clarke International Ltd
Edinburgh Way, Harlow
Essex
CM20 2TT
UK
Telephone: +44 7739618559
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
teleflex
grosvenor House, Horseshoe Crescent
Beaconsfield
HP9 1LJ
UK
Telephone: +44 7796181573
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
Shermond
New Frontier House
Leicester
LE67 1PB
UK
Telephone: +44 7720679757
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.1.7) Name and address of the contractor/concessionaire
eden medical(UK)Ltd
1, Dryden Loan, Bilston Glen Industrial Estate
Loanhead Midlothian
EH20 9HR
UK
Telephone: +44 1314406500
Fax: +44 1314406500
NUTS: UKM73
The contractor/concessionaire is an SME:
No
VII.2) Information about modifications
VII.2.1) Description of the modifications
This modification of contract term from 06/12/2022 to 05/12/2023 is necessary to meet the additional demands of the Scottish Health and Social Care sector during the current Covid-19 pandemic and to maintain necessary supply due to circumstances unforeseen by the Authority in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015
Modification notice is advised at framework level and does not detail individual lots.
VII.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
This modification of contract term from 06/12/2022 to 05/12/2023 is necessary to meet the additional demands of the Scottish Health and Social Care sector during the current Covid-19 pandemic and to maintain necessary supply due to circumstances unforeseen by the Authority in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015
Modification notice is advised at framework level and does not detail individual lots.
VII.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 4 600 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 5 750 000.00 Currency: GBP