Supplies - 573881-2020

27/11/2020    S232

United Kingdom-London: Garments for biological or chemical protection

2020/S 232-573881

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:

Supply of Personal Protective Equipment for Healthcare Workers for the Care of Patients with Suspected or Confirmed Novel Coronavirus (Covid-19)

II.1.2)Main CPV code
35113410 Garments for biological or chemical protection
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The Department of Health and Social Care (the ‘Authority’) has awarded a contract to Zheng Ben Yuan Pharmaceutical for the supply of personal protective equipment to protect health and care workers for contracting the Covid-19 disease.

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: 12 420 000.00 USD
II.2)Description
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
II.2.4)Description of the procurement:

The Department of Health and Social Care (the ‘Authority’) has awarded a contract to Zheng Ben Yuan Pharmaceutical for the supply of personal protective equipment to protect health and care workers for contracting the Covid-19 disease.

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 Coronavirus disease (Covid-19) is a serious infectious respiratory disease and its consequences pose a risk to life. The Covid-19 outbreak is a Public Health Emergency of International Concerns 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, by this stage Europe was the centre of the pandemic.

2) The use of personal protective equipment (PPE) is critical in safeguarding the health and lives of the care professionals treating patients with Covid-19. Delays in procuring the PPE, poses a risk to life of those on the front line and the likelihood of significantly increased death toll.

3) In March the NHS experienced severe shortages of PPE, modelling based the trajectory of other European countries forecast the need for significant and extremely rapid increase in the UK PPE capacity. Similar shortfalls in PPE stocks were identified globally. 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. The Department is content the tests permitting use of the negotiated procedure without prior publication (Regulation 32(2)(c)) are met:

1) The purchasing of PPE 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) The events that led to the need for extreme urgency were unforeseeable: 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.’;

4) There was no time to run an accelerated procurement under the open, restricted or competitive procedures with negotiation that would secure products within the required timescales;

5) The situation is not attributable to the contracting authority: 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:
27/04/2020
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: Zheng Ben Yuan Pharmaceutical Ltd
Postal address: Room 1804, Haiya Building, No 24 Guomao Avenue, Haiku Avenue
Town: Haiku City
NUTS code: 00 Not specified
Postal code: 1804
Country: China
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: 12 420 000.00 USD
Total value of the contract/lot: 12 420 000.00 USD
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:
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:
23/11/2020