United Kingdom-Edinburgh: NP35418 Contrast Media Agents

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-016382/EN)
Nature of contract: Supply contract
Procedure: Award of a contract without prior publication
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official 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
Postal code: EH12 9EB
Country: United Kingdom
Contact Person: Rashida Rasool
Telephone: +44 1312756051
Email: rashida.rasool@nhs.scot
Internet address(es):
Main address:
Address of the buyer profile:

I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Health

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: NP35418 Contrast Media Agents
II.1.2) Main CPV code: 33600000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The framework agreement is for the supply of Contrast Media Agents to NHS Scotland and the Health and Social Care (HSC) Trusts in Northern Ireland.
The Goods have been split into eight (8) categories, each of which is identified as a “Lot”. Full details of each Lot is contained in section II.2 of this notice.
II.1.6) Information about lots
The contract is divided into lots: yes
II.1.7) Total value of the procurement(excluding VAT)
Value:7336894
Currency:GBP
II.2) Description
II.2.1) Title: Ultrasound Contrast Agents
Lot No:2
II.2.2)Additional CPV code(s)
Main CPV code: 33600000
Main CPV code: 33696000
Main CPV code: 33696800
Main CPV code: 33694000

II.2.3) Place of performance
Nuts code: Main site or place of performance:All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014 and HSC Trusts in Northern Ireland

II.2.4) Description of the procurement
Supply of ultrasound contrast agents to NHS Scotland and the Health and Social Care Trusts in Northern Ireland.
Lot 2 – a single supplier framework agreement awarded on a line by line basis.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.1) Title: Linear Gadolinium Based Contrast Agents
Lot No:4
II.2.2)Additional CPV code(s)
Main CPV code: 33600000
Main CPV code: 33694000
Main CPV code: 33696000
Main CPV code: 33696800

II.2.3) Place of performance
Nuts code: Main site or place of performance:All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014 and HSC Trusts in Northern Ireland

II.2.4) Description of the procurement
Supply of linear gadolinium based contrast agents to NHS Scotland and the Health and Social Care Trusts in Northern Ireland.
Lot 4 – a single supplier framework agreement awarded on a line by line basis.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.1) Title: Macrocyclic Gadolinium Based Contrast Agents
Lot No:3
II.2.2)Additional CPV code(s)
Main CPV code: 33600000
Main CPV code: 33694000
Main CPV code: 33696000
Main CPV code: 33696800

II.2.3) Place of performance
Nuts code: Main site or place of performance:All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014 and HSC Trusts in Northern Ireland

II.2.4) Description of the procurement
Supply of macrocyclic gadolinium based contrast agents to NHS Scotland and the Health and Social Care Trusts in Northern Ireland.
Lot 3 – as an unranked multi-supplier framework agreement awarded on a line by line basis.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.1) Title: Non-ionic monomeric iodine-based contrast agents
Lot No:5
II.2.2)Additional CPV code(s)
Main CPV code: 33600000
Main CPV code: 33694000
Main CPV code: 33696000
Main CPV code: 33696800

II.2.3) Place of performance
Nuts code: Main site or place of performance:All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014 and HSC Trusts in Northern Ireland

II.2.4) Description of the procurement
Supply of non-ionic monomeric iodine based contrast agents to NHS Scotland and the Health and Social Care Trusts in Northern Ireland.
Lot 5 – an unranked multi-supplier framework agreement awarded on line by line basis.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.1) Title: Non-ionic dimeric Iodine based contrast agents
Lot No:6
II.2.2)Additional CPV code(s)
Main CPV code: 33600000
Main CPV code: 33694000
Main CPV code: 33696000
Main CPV code: 33696800

II.2.3) Place of performance
Nuts code: Main site or place of performance:All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014 and HSC Trusts in Northern Ireland

II.2.4) Description of the procurement
Supply of non-ionic dimeric iodine based contrast agents to NHS Scotland and the Health and Social Care Trusts in Northern Ireland.
Lot 6 – a single supplier framework agreement awarded on a line by line basis.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.1) Title: Non-ionic monomer Iomeprol contrast agent
Lot No:7
II.2.2)Additional CPV code(s)
Main CPV code: 33600000
Main CPV code: 33694000
Main CPV code: 33696800
Main CPV code: 33696000

II.2.3) Place of performance
Nuts code: Main site or place of performance:All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014 and HSC Trusts in Northern Ireland

II.2.4) Description of the procurement
Supply of non-ionic monomer iomeprol contrast agents to NHS Scotland and the Health and Social Care Trusts in Northern Ireland.
Lot 7 – a single supplier framework agreement awarded on a line by line basis.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.1) Title: Additional Iodine based contrast agents
Lot No:8
II.2.2)Additional CPV code(s)
Main CPV code: 33600000
Main CPV code: 33694000
Main CPV code: 33696000
Main CPV code: 33696800

II.2.3) Place of performance
Nuts code: Main site or place of performance:All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014 and HSC Trusts in Northern Ireland

II.2.4) Description of the procurement
Supply of additional iodine based contrast agents to NHS Scotland and the Health and Social Care Trusts in Northern Ireland.
Lot 8 – a single supplier framework agreement awarded on a line by line basis.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.1) Title: Barium Based Contrast Agents
Lot No:1
II.2.2)Additional CPV code(s)
Main CPV code: 33600000
Main CPV code: 33696000
Main CPV code: 33696800
Main CPV code: 33694000

II.2.3) Place of performance
Nuts code: Main site or place of performance:All entities constituted pursuant to NHS (Scotland) Act 1978, any Integrated Joint Boards established pursuant to New Public Bodies (Joint Working) Scotland Act 2014 and HSC Trusts in Northern Ireland

II.2.4) Description of the procurement
Supply of barium based contrast agents to NHS Scotland and the Health and Social Care Trusts in Northern Ireland.
Lot 1 – a single supplier framework agreement awarded on a line by line basis.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
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.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
(please complete point 2 of the Annex D)
IV.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:2022/S 000-191172

Section V: Award of contract/concession
Lot No: 1
Title: Barium Based Contrast Agents

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-05-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Guerbet Laboratories Ltd
Postal address: Avon House, 435 Stratford Road
Town: Shirley
Postal code: B90 4AA
Country: United Kingdom
Telephone: +44 1217338542
Fax: +44 1217333120
Nuts code:
The contractor is an SME: no
Official name: Bracco UK Ltd
Postal address: Bracco House, Mercury Park, Wycombe Lane, Wooburn Green
Town: High Wycombe
Postal code: HP10 0HH
Country: United Kingdom
Telephone: +44 1628851500
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
Lot No: 2
Title: Ultrasound Contrast Agents

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-05-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Bracco UK Ltd
Postal address: Unit 15, Valley Business Centre
Town: High Wycombe
Postal code: HP13 6EQ
Country: United Kingdom
Telephone: +44 1628851500
Nuts code:
The contractor is an SME: no
Official name: Lamepro
Postal address: Burgemeester, Guljelaan 2
Town: Breda NL
Postal code: 4837CZ
Country: United Kingdom
Telephone: +44 7733014692
Nuts code:
The contractor is an SME: no
Official name: GE Healthcare
Postal address: White Lion Road
Town: Amersham
Country: United Kingdom
Telephone: +44 7860624838
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
Lot No: 3
Title: Macrocyclic Gadolinium Based Contrast Agents

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-05-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Bracco UK Ltd
Postal address: Unit 15, Valley Business Centre
Town: High Wycombe
Postal code: HP13 6EQ
Country: United Kingdom
Telephone: +44 1628851500
Nuts code:
The contractor is an SME: no
Official name: GE Healthcare
Postal address: White Lion Road
Town: Amersham
Country: United Kingdom
Telephone: +44 1494544000
Nuts code:
The contractor is an SME: no
Official name: Bayer Plc
Postal address: 400 South Oak Way, Green Park
Town: Reading
Postal code: RG2 6AD
Country: United Kingdom
Telephone: +44 1635563432
Fax: +44 1635563693
Nuts code:
The contractor is an SME: no
Official name: Guerbet Laboratories Ltd
Postal address: Avon House, 435 Stratford Road
Town: Shirley
Postal code: B90 4AA
Country: United Kingdom
Telephone: +44 1217338542
Fax: +44 1217333120
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
Lot No: 4
Title: Linear Gadolinium Based Contrast Agents

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-05-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Bayer Plc
Postal address: 400 South Oak Way, Green Park
Town: Reading
Postal code: RG2 6AD
Country: United Kingdom
Telephone: +44 1635563432
Fax: +44 1635563693
Nuts code:
The contractor is an SME: no
Official name: Bracco UK Ltd
Postal address: Unit 15, Valley Business Centre
Town: High Wycombe
Postal code: HP13 6EQ
Country: United Kingdom
Telephone: +44 1628851500
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
Lot No: 5
Title: Non-ionic monomeric iodine-based contrast agents

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-05-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Bracco UK Ltd
Postal address: Bracco House, Mercury Park, Wycombe Lane, Wooburn Green
Town: High Wycombe
Postal code: HP10 0HH
Country: United Kingdom
Telephone: +44 1628851500
Nuts code:
The contractor is an SME: no
Official name: GE Healthcare
Postal address: White Lion Road
Town: Amersham
Country: United Kingdom
Telephone: +44 7860624838
Email: dot.robinson@ge.com
Nuts code:
The contractor is an SME: no
Official name: Guerbet Laboratories Ltd
Postal address: Avon House, 435 Stratford Road
Town: Shirley
Postal code: B90 4AA
Country: United Kingdom
Telephone: +44 1217338542
Fax: +44 1217333120
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
Lot No: 6
Title: Non-ionic dimeric Iodine based contrast agents

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-05-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: GE Healthcare
Postal address: White Lion Road
Town: Amersham
Country: United Kingdom
Telephone: +44 7860624838
Email: dot.robinson@ge.com
Nuts code:
The contractor is an SME: no
Official name: Bracco UK Ltd
Postal address: Bracco House, Mercury Park, Wycombe Lane, Wooburn Green
Town: High Wycombe
Postal code: HP10 0HH
Country: United Kingdom
Telephone: +44 1628851500
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
Lot No: 7
Title: Non-ionic monomer Iomeprol contrast agent

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-05-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Bracco UK Ltd
Postal address: Bracco House, Mercury Park, Wycombe Lane, Wooburn Green
Town: High Wycombe
Postal code: HP10 0HH
Country: United Kingdom
Telephone: +44 1628851500
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
Lot No: 8
Title: Additional Iodine based contrast agents

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-05-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Bayer Plc
Postal address: 400 South Oak Way, Green Park
Town: Reading
Postal code: RG2 6AD
Country: United Kingdom
Telephone: +44 1635563432
Fax: +44 1635563693
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary information
VI.3) Additional information:
The estimated value(s) referred to in Section II.I.7 and eight (8) Lots covers the twelve (12) month modification period of the framework agreement.
(SC Ref:732358)
VI.4) Procedures for review
VI.4.1) Review body
Official name: Sheriff Court House
Postal address: 27 Chambers Street
Town: Edinburgh
Postal code: EH1 1LB
Country: United Kingdom
E-mail: edinburgh@scotcourts.gov.uk
Internet address:

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.
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:
2023-06-09

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The procurement falls outside the scope of application of the directive

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
This VEAT Notice is to advise the need for modification to meet the additional demands of the Scottish Health and Social Care sector during the Covid-19 pandemic and associated recovery, to maintain supply and remove unnecessary disruption from the Authority due to circumstances unforeseen by the Authority in line with Regulation 72(1)(c) of the Public Contracts (Scotland) Regulations 2015.