Supplies - 533961-2020

06/11/2020    S217

United Kingdom-London: Diagnostic supplies

2020/S 217-533961

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:

SARS-CoV-2 Antigen Rapid Qualitative Test Kits

II.1.2)Main CPV code
33124130 Diagnostic supplies
II.1.3)Type of contract
Supplies
II.1.4)Short description:

Provision of lateral flow test kits and associated consumables.

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: 496 080 000.00 GBP
II.2)Description
II.2.2)Additional CPV code(s)
33124130 Diagnostic supplies
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
II.2.4)Description of the procurement:

Provision of lateral flow test kits and associated consumables.

II.2.5)Award criteria
Price
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:

1) The Covid-19 outbreak is a public health emergency of international concern declared by WHO on 30 January 2020. The WHO Director General characterised Covid-19 as a pandemic on 11 March 2020.

2) A key element of ensuring an effective response is ensuring adequate testing. The provision of test kits is critical to this response. 3) DHSC is satisfied the tests permitting use of the negotiated procedure without prior publication (Regulation 32(2)(c)) are met:

A. As far as is strictly necessary: The lateral flow tests were identified as strictly necessary to meet the demand to scale up the UK’s mass testing programme.

B. There are genuine reasons for extreme urgency: the global demand for rapid antigen detection tests based on lateral flow technology (lateral flow devices, LFD) has recently significantly increased. The availability of products has reduced with potential stock now subject to rapid purchase deadlines. Also, two major announcements have further increased global interest and focus on these tests. On September 28, WHO announced its partnership to procure 120M LFD, mainly for low and middle-income countries and President Trump announced the distribution of 150M LFDs in the US.

C. Constrained supply of validated products. This increase in demand is set against constrained supply. Some raw materials required to manufacture LFD are only globally available in a limited number and can suffer supply chain disruptions. While many potential LFD suppliers exist, PHE Porton Down validation has, over recent weeks, revealed that many of these suppliers do not have viable products. There are currently only a very small number of global developers of validated products. Many of these are small companies which are currently scaling manufacture.

D. The events that have led to the need for extreme urgency were unforeseeable: the timing of availability of new Covid-19 lateral flow test technology meeting the relevant UK technical requirements coupled with high international demand and limited global capacity was not foreseeable.

E. It is impossible to comply with the usual timescales in the PCR: it is not possible to comply with the timescales of another procedure due to the urgent requirement to ensure the delivery of the lateral flow tests for distribution across the UK.

F. The situation is not attributable to the contracting authority – DHSC 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:
06/10/2020
V.2.2)Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: Innova Medical Group Inc
Postal address: 718 S. Primrose Ave
Town: Monrovia
NUTS code: 00 Not specified
Postal code: 91016
Country: United States
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 496 080 000.00 GBP
Total value of the contract/lot: 496 080 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

Innova are providing lateral flow test kits to support the UK Covid-19 testing strategy and to enable mass testing for C-19 through rapid testing and to supplement diagnostics capacity.

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:
02/11/2020