Modification of a contract/concession during its term
Legal Basis:
Directive 2014/24/EU
Section I: Contracting authority/entity
I.1)Name and addressesOfficial name: The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")
Postal address: Gyle Square (NSS Head Office), 1 South Gyle Crescent
Town: Edinburgh
NUTS code: UKM Scotland
Postal code: EH12 9EB
Country: United Kingdom
E-mail: Hazel.Johnstone@nhs.scot
Telephone: +44 1698794410
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:
Supply of Interferon Beta-1a (Rebif®)
Reference number: NP91618 (d)
II.1.2)Main CPV code33600000 Pharmaceutical products
II.1.3)Type of contractSupplies
II.2)Description
II.2.2)Additional CPV code(s)33600000 Pharmaceutical products
II.2.3)Place of performanceNUTS code: UKM Scotland
Main site or place of performance:
All entities constituted pursuant to the National Health Services (Scotland) Act 1978, and any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014.
II.2.4)Description of the procurement at the time of conclusion of the contract:
This procurement is for the supply of Interferon Beta-1a (Rebif®) to NHSScotland.
II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concessionStart: 01/12/2018
End: 28/02/2022
II.2.13)Information about European Union fundsThe 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)Contract award notice concerning this contractNotice number in the OJ S: 2019/S 014-028377
Section V: Award of contract/concession
Contract No: NP91618 (d) Rebif
Title:
Supply of Interferon Beta-1a (Rebif®)
V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:14/11/2018
V.2.2)Information about tendersThe contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaireOfficial name: Merck Serono
Postal address: Stanwell road, feltham
Town: London
NUTS code: UKM Scotland
Country: United Kingdom
Telephone: +44 2088187374
The contractor/concessionaire is an SME: no
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)Total value of the procurement: 2 388 845.00 GBP
Section VI: Complementary information
VI.3)Additional information:
The total value in Section II.1.7 and V.2.4 refers to the full 39-month duration of the framework agreement.
(SC Ref:679438)
VI.4)Procedures for review
VI.4.1)Review bodyOfficial name: Sheriff Court House
Postal address: 27 Chambers Street
Town: Edinburgh
Postal code: EH1 1LB
Country: United Kingdom
Telephone: +44 1312252525
Internet address: http://www.nhsscotlandprocurement.scot.nhs.uk/
VI.4.3)Review procedurePrecise information on deadline(s) for review procedures:
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.
VI.5)Date of dispatch of this notice:18/01/2022
Section VII: Modifications to the contract/concession
VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code33600000 Pharmaceutical products
VII.1.2)Additional CPV code(s)
VII.1.3)Place of performanceNUTS code: UKM Scotland
VII.1.4)Description of the procurement:
This modification of contract term from 01/03/2022 to 31/08/2022 is 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
VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concessionStart: 01/03/2022
End: 31/08/2022
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)Total value of the contract/lot/concession: 210 374.00 GBP
VII.1.7)Name and address of the contractor/concessionaireOfficial name: Merck Serono
Postal address: Stanwell road, feltham
Town: Middlesex
NUTS code: UK United Kingdom
Country: United Kingdom
The contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modificationsNature and extent of the modifications (with indication of possible earlier changes to the contract):
This modification of contract term from 01/03/2022 to 31/08/2022 is 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
VII.2.2)Reasons for modificationNeed for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
This modification of contract term from 01/03/2022 to 31/08/2022 is 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
VII.2.3)Increase in priceUpdated 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: 1 682 988.00 GBP
Total contract value after the modifications
Value excluding VAT: 1 893 362.00 GBP
http://ted.europa.eu/udl?uri=TED:NOTICE:36898-2022:TEXT:EN:HTML&src=0&tabId=2