Suministros - 452806-2020

25/09/2020    S187

United Kingdom-London: Ventilators

2020/S 187-452806

Contract award notice

Results of the procurement procedure

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Department of Health and Social Care
Postal address: 39 Victoria Street
Town: London
NUTS code: UKI32 Westminster
Postal code: SW1H 0EU
Country: United Kingdom
E-mail: procurement.operations@dhsc.gov.uk
Internet address(es):
Main address: https://www.gov.uk/government/organisations/department-of-health-and-social-care
Address of the buyer profile: https://www.gov.uk/government/organisations/department-of-health-and-social-care
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Health

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Oxygen and Ventilator Workstream: Ventilator Purchasing — OES Medical Ltd

II.1.2)Main CPV code
39714100 Ventilators
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The purchase of mechanical ventilators by the Department of Health and Social Care direct from suppliers as part of the response to the Covid-19 Pandemic in the United Kingdom.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 420 175.00 GBP
II.2)Description
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
II.2.4)Description of the procurement:

The purchase of mechanical ventilators by the Department of Health and Social Care direct from suppliers as part of the response to the Covid-19 Pandemic in the United Kingdom.

II.2.5)Award criteria
Cost criterion - Name: Cost / Weighting: 100
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.2.14)Additional information

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
  • Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive
Explanation:

In March the NHS across the UK had access to approximately 8 000 ventilators. Modelling based the trajectory of other European countries forecast the need for significant and extremely rapid increase in the UK ventilator capacity. The Prime Minister outlined the need in March 2020 for a rapid increase in ventilator capacity recognising that coronavirus is the biggest threat this country had seen for decades and that we faced a moment of national emergency. Significant quantities of extra ventilators would be required to treat seriously ill patients during the first wave of infections. Similar shortfalls in ventilator stocks were identified globally. Pressure to increase manufacturing capacity of ventilators was immense, requiring urgent action and rapid delivery to meet that demand. In these circumstances a procurement following the usual timescales under the PCR 2015, including accelerated options, was impossible. Ventilator 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 ventilator equipment and presenting a significant risk to life. The Department is satisfied the tests in Regulation 32(2)(c) are met:

1) purchasing mechanical ventilators was identified as strictly necessary to meet anticipated demand;

2) it is responding to Covid-19 immediately because of public health risks presenting a genuine emergency;

3) events leading to the need for extreme urgency were unforeseeable: the EC 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.’;

4) there was no time to run an accelerated PCR process particularly in light of the corresponding delays to timelines associated with securing increased manufacturing capacity and component supply within the required timescales;

5) it has not done anything to cause or contribute to the need for extreme urgency.

IV.1.3)Information about a framework agreement or a dynamic purchasing system
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.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a prior information notice

Section V: Award of contract

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
27/03/2020
V.2.2)Information about tenders
Number of tenders received: 1
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: OES Medical Ltd
Postal address: ABC House, Cotswold Dene, Standlake, Oxfordshire
Town: Witney
NUTS code: UKJ1 Berkshire, Buckinghamshire and Oxfordshire
Postal code: OX29 7QC
Country: United Kingdom
Internet address: https://www.oes-medical.co.uk/
The contractor is an SME: yes
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 420 175.00 GBP
Total value of the contract/lot: 420 175.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

Covid-19 is a Public Health Emergency of International Concern as declared by the World Health Organisation on 30 January 2020. The WHO Director General characterised Covid-19 as a pandemic on 11 March 2020. The use of ventilator equipment is critical in treating patients with Covid-19 to take over the body's breathing process when the disease has caused the lungs to fail and allow the patient time to fight off the infection and recover. The ‘Ventilator Challenge’ was created by the UK government and delivered across several government departments (Department of Health and Social Care, Cabinet Office and Ministry of Defence) as part of the drive to increase ventilator supply and support the UK National Health Service (NHS) in its response to Covid-19. It was recognised that buying sufficient mechanical ventilators was going to be a challenge and a dedicated sourcing team was established within the Department of Health and Social Care to be responsible for procuring mechanical ventilators from suppliers. Suppliers worldwide were considered by the sourcing team. The sourcing team worked in conjunction with NHS Supply Chain who have also ordered mechanical ventilators through their existing framework arrangements. This contract award notice is one a number of notices, in different currencies, that cover all of the direct purchases for mechanical ventilators by DHSC. Separate notices are published for each individual contract. The approach to procuring mechanical ventilators from the market was identical for all purchases. The purchases of mechanical ventilators occurred across the world with an emphasis, due to the availability of stock and manufacturing capacity, on the People’s Republic of China. All ventilator offers were assessed primarily against clinical need and the ability to supply and deliver the orders within timescales required.

VI.4)Procedures for review
VI.4.1)Review body
Official name: The High Court
Postal address: Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Internet address: https://www.gov.uk/courts-tribunals
VI.5)Date of dispatch of this notice:
21/09/2020