492058-2020 - Result

Explanation:

(IV.1.1.3 continued) There was immense demand for PPE, requiring the UK government to actively seek and create new supply chains rapidly to meet that demand. In these circumstances, a procurement following the usual timescales under the PCR 2015, including accelerated options, was impossible. PPE manufacturers and supply chains were under immediate and unprecedented global pressure to provide products. A delay in engaging with the market by running a usual procurement process ran the risk of failing to acquire the necessary stock of PPE equipment and presenting a significant risk to life. If DHSC had tried to run a usual procurement process, this would have been bound to fail as the usual timescale for negotiations during this period was a matter of hours. Had there been a delay in engaging with the market directly while such a process had been attempted, the consequent failure to acquire the necessary stocks of PPE equipment would have presented a significant risk to life. The Department for Health and Social Care (‘DHSC’) is satisfied the tests permitting use of the negotiated procedure without prior publication (Regulation 32(2)(c)) were met:

A. As far as is strictly necessary: PPE in mass volumes was identified as strictly necessary to meet anticipated demand on the NHS during the first wave of cases in the UK.

B. There are genuine reasons for extreme urgency: DHSC are responding to Covid-19 immediately because of public health risks presenting a genuine emergency.

C. The events that have led to the need for extreme urgency were unforeseeable: as the Commission itself confirmed: ‘The current coronavirus crisis presents an extreme and unforeseeable urgency — precisely for such a situation our European rules enable public buyers to buy within a matter of days, even hours, if necessary.’ (Commissioner Breton, Internal Market, 1 April 2020).

D. It was impossible to comply with the usual timescales in the PCR: due to the urgency of the situation there was no time to run an accelerated procurement under the open, restricted or competitive procedures with negotiation that would allow DHSC to secure delivery of products, particularly in light of the corresponding delays to timelines associated with securing supply of the PPE equipment in the unique market circumstances in which they were obtained.

E. The situation is not attributable to the contracting authority: DHSC has not caused or contributed to the coronavirus crisis, justifying the need for extreme urgency.