Supply of Pharmaceutical Goods and Services to Prisons in NHS Scotland

Supply of Pharmaceutical Goods and Services to Prisons in NHS Scotland

This Contract is for the supply of pharmaceutical goods and services to fifteen prisons located within nine Health Boards across NHS Scotland.

United Kingdom-Larkhall: Pharmaceutical products

2014/S 096-167491

Contract notice

Supplies

Directive 2004/18/EC

Section I: Contracting authority

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

The Common Services Agency (more commonly known as NHS National Services Scotland) (“the Authority”)
National Procurement, Canderside, 2 Swinhill Avenue
Contact point(s): National Procurement
For the attention of: Andy Stewart
ML9 2QX Larkhall
UNITED KINGDOM
Telephone: +44 1312757587
E-mail: andrewstewart@nhs.net

Internet address(es):

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

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

Electronic access to information: www.publictendersscotland.publiccontractsscotland.gov.uk

Electronic submission of tenders and requests to participate: www.publictendersscotland.publiccontractsscotland.gov.uk

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Body governed by public law

I.3)Main activity

Health

I.4)Contract award on behalf of other contracting authorities

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

NHS Ayrshire and Arran

NHS Dumfries and Galloway

NHS Forth Valley

NHS Grampian

NHS Greater Glasgow and Clyde

NHS Highland

NHS Lanarkshire

NHS Lothian

NHS Tayside

 

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Provision of Pharmaceutical Goods and Services to Prisons in NHS Scotland.

II.1.2)Type of contract and location of works, place of delivery or of performance

Supplies
Purchase
Main site or location of works, place of delivery or of performance: The fifteen prisons across NHS Scotland, which sit within the nine Health Boards listed within this contract notice. A full list of participating prisons is included in the tender document.

NUTS code UKM

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement

II.1.5)Short description of the contract or purchase(s)

This Contract is for the supply of pharmaceutical goods and services to fifteen prisons located within nine Health Boards across NHS Scotland.
Note: The authority 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 visithttps://www.publictendersscotland.publiccontractsscotland.gov.uk and search for project Code 2321 within the appropriate area.

If you have already registered on Public Contracts Scotland and PCS-Tender and paired your accounts you can access PCS-Tender through your Public Contracts Scotland Control Panel.

II.1.6)Common procurement vocabulary (CPV)

3360000075231230

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Lots

This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The Contract is for the provision of pharmacy products and related services to all Prisons throughout Scotland in order to meet the pharmaceutical care needs of prisoners to agreed professional standards. The Supplier appointed to the Contract will be required to source and supply all required medicines and pharmaceutical supplies, dispense and deliver the Goods to all fifteen prisons across Scotland and provide a professional pharmaceutical service to prisoners.
Full details of the Goods and Services required under the Contract are included in the tender document.
A single operator will be appointed to the Contract for the delivery of this service to the fifteen prisons across Scotland, details of which are included in the tender document.
Estimated value excluding VAT:
Range: between 10 000 000 and 12 000 000 GBP

II.2.2)Information about options

Options: yes
Description of these options: The Authority is entitled at its sole discretion to extend the 36 month duration of the Contract by 1 period of up to 12 months by giving a minimum of 3 months written notice of such extension.

II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 1

II.3)Duration of the contract or time limit for completion

Duration in months: 36 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Prime Contractor shall be liable in the event of a consortium bid.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: In accordance with the Public Contracts (Scotland) Regulations 2012 the Authority shall treat as ineligible and shall not 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 the economic operator, any of its directors or any other person who has power of representation, decision or control over the economic operator has been convicted of any of the following offences:
(a) the common law offence of conspiracy where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA or an offence under sections 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010; .
(b) corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption as defined in Article 3 of the Council Act of 26th May 1997 and Article 3(1) of Council Joint Action 98/742/JHA;
(c) bribery or corruption within the meaning of sections 68 and 69 of the Criminal Justice (Scotland) Act 2003 where the offence relates to active corruption, or bribery within the meaning of sections 1 or 6 of the Bribery Act 2010;
(d) the common law offence of incitement to commit a crime;
(e) fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Communities, within the meaning of—
(i) the offence of cheating the 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 or section 993 of the Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;
(vii) the common law offence of uttering; or
(viii) the common law offence of attempting to pervert the course of justice;
(f) money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002 or the Money Laundering Regulations 2007, or an offence in connection with proceeds of drug trafficking within the meaning of sections 49, 50 or 51 of the Drug Trafficking Act 1994; or
(g) any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant state.
In accordance with the Public Contracts (Scotland) Regulations 2012 the Authority may treat as ineligible or decide not to select any economic operator on one or 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 has a debt relief order made against it/him/her?
(c) Has the economic operator had a receiving order or an administration order or bankruptcy restrictions order or a debt relief restriction order made against it/him/her?
(d) 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?
(e) 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?
(f) Has the economic operator granted a Trust Deed for creditors or become otherwise apparently insolvent?
(g) Is the economic operator the subject of a petition presented for sequestration of its/his/her estate?
(h) Has the economic operator passed a resolution within, or is it the subject of an order by the court for the winding up of the economic operator, otherwise than for bona fide reconstruction or amalgamation?
(i) Is the economic operator subject of any proceedings similar to those listed in paragraphs (a) to (g) above under the laws of any other state?
(j) Has been convicted of a criminal offence relating to the conduct of the economic operator’s business or profession?
(k) Has the economic operator committed an act of grave misconduct in the course of that economic operator’s business or profession?
(l) Has failed to fulfil obligations relating to the payment of Social Security contributions under the law of the United Kingdom or the relevant state in which the economic operator is established?
(m) Has failed its/his/her obligations relating to payment of taxes under the law of any part of the United Kingdom or the relevant state in which the economic operator is established?
(n) is the economic operator guilty of serious misrepresentation in providing any information required of that economic operator under the Public Contracts (Scotland) Regulations 2012.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: The economic operator must provide either (1) an extract from its audited accounts in respect of its most recent full financial year stating the turnover of the economic operator in respect of such financial year, such extract certified on its face by a solicitor or a chartered accountant as being a true copy of the original document, or (2) a statement certified by the economic operator’s auditors confirming the turnover of the economic operator in respect of its most recent full financial year.
Minimum level(s) of standards possibly required: The turnover of the economic operator in respect of its most recent full financial year must have been equal to or more than 5 000 000 (GBP).

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
1. A copy of the General Pharmaceutical Council registration certificate under which Goods will be dispensed, together with, in the event that the economic operator would sub-contract the dispensing of the Goods to any third party holder of such a certificate, a “To Whom It May Concern” letter from the certificate holder confirming that the certificate holder is (or intends to be) party to a contract with the economic operator in terms of which the certificate holder may be required by the economic operator to dispense all Goods which NHS Scotland may require to be dispensed in terms of the contract.
2. A copy of the MHRA Wholesaler Dealer Authorisation registration certificate under which stock Goods will be supplied, together with, in the event that the economic operator would sub-contract the supply of stock Goods to any third party holder of such a certificate, a “To Whom It May Concern” letter from the certificate holder confirming that the certificate holder is (or intends to be) party to a contract with the economic operator in terms of which the certificate holder may be required by the economic operator to supply all stock Goods which NHS Scotland may require to be supplied in terms of the contract.
3. A copy of Work Instructions and a description of the processes that would be in place to ensure all Pharmacists and Pharmacy Technicians employed to service this Contract were registered with the General Pharmaceutical Council.
4. A copy of BS EN ISO9001 certification for the economic operator and any sub-contractors or details of an equivalent quality management system.
5. A copy of Work Instructions and a description of the processes that would be in place to ensure all staff with direct prisoner contact were members of the relevant Protecting Vulnerable Groups scheme and that all other staff involved in the delivery of this Contract hold a Disclosure Scotland certificate at basic level at the time of service provision.
Minimum level(s) of standards possibly required:
1. All the dispensed Goods supplied under the contract will be dispensed in a pharmacy which at the time of dispensing is registered with the General Pharmaceutical Council.
2. All the stock Goods supplied under the contract will be supplied from a site holding a MHRA Wholesaler Dealer Authorisation which allows supply of P, POM and GSL medicines.
3. All Pharmacist and Pharmacy Technician staff used to service this Contract will be regsitered with the General Pharmaceutical Council.
4. The economic operator must possess valid certification of BS EN ISO9001 or equivalent.
5. All direct prisoner contact will be undertaken by staff that, at the time of service provision, are members of the relevant Protecting Vulnerable Group scheme and all other staff involved in the delivery of this Contract hold a Disclosure Scotland certificate at basic level at the time of service provision.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated below

1. Price. Weighting 55

2. Supply and dispensing. Weighting 15

3. Professional service. Weighting 15

4. Risk and Deliverability. Weighting 15

 

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

NP42214

IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2013/S 245-426132 of 18.12.2013

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 30.6.2014

IV.3.4)Time limit for receipt of tenders or requests to participate

1.7.2014 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.

IV.3.7)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 4 (from the date stated for receipt of tender)

IV.3.8)Conditions for opening of tenders

Date: 1.7.2014 – 12:00

Place:

National Procurement, 2 Swinhill Avenue, Larkhall, ML9 2QX

 

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds

VI.3)Additional information

A new public prison, HM Prison Inverclyde, is at the planning/build stage, and should be operational sometime during 2016 or 2017. This new prison and any other new Premises which become operational during the term of the Contract are within the scope of this Contract.
The estimated value range referred to sections II.1.4 and II.2.1 covers the initial 36 month duration and the full 12 month extension option. Variants will not be accepted.
(SC Ref:304079)
VI.4)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 notify economic operators who submitted a tender or (where no deselection notification has previously been made) applied to be selected to tender, of its decision to award the Contract which notification will contain among other information, a summary of the reasons why the economic operator was unsuccessful. 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 notice(s) and the date on which the Authority proposes to conclude the relevant Contract. The bringing of court proceedings against the Authority during the standstill period will automatically continue the prohibition on entering into the Contract 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 Contract has been entered into include the setting aside of the decision to award the Contract to the winning tenderer(s). The bringing of court proceedings against the Authority after the Contract has been entered into will not affect the Contract 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 Contract has been entered into are limited to the award of damages. Economic operators are entitled to write to the Authority after receipt of the notification should they require further clarification. The Authority will respond within 15 days of such a written request, but it should be noted that receipt by the Authority of such request during the standstill period may not prevent the Authority from awarding the Contract following the expiry of the standstill period. Where an economic operator is dissatisfied with the Authority’s response to its request for clarification, or considers that the Contract has been concluded in breach of The Public Contracts (Scotland) Regulations 2012, such economic operator is advised to promptly seek independent legal advice.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

15.5.2014

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