Section one: Contracting authority
one.1) Name and addresses
Department of Health and Social Care
39 Victoria Street
London
SW1H 0EU
procurement.operations@dhsc.gov.uk
Country
United Kingdom
NUTS code
UKI32 - Westminster
Internet address(es)
Main address
https://www.gov.uk/government/organisations/department-of-health-and-social-care
Buyer's address
https://www.gov.uk/government/organisations/department-of-health-and-social-care
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Supply of Personal Protective Equipment for Healthcare Workers for the Care of Patients with Suspected or Confirmed Novel Coronavirus (Covid-19)
two.1.2) Main CPV code
- 35113410 - Garments for biological or chemical protection
two.1.3) Type of contract
Supplies
two.1.4) Short description
The Department of Health and Social Care (the ‘Authority’) has awarded a contract to CH and L Ltd for the supply of personal protective equipment (isolation gowns) to protect health and care workers from contracting the Covid-19 disease.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £14,400,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - UNITED KINGDOM
two.2.4) Description of the procurement
The Department of Health and Social Care (the ‘Authority’) has awarded a contract to CH and L Ltd for the supply of personal protective equipment (isolation gowns) to protect health and care workers from contracting the Covid-19 disease.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
This is no longer a live contract, this notice has been published for information purposes only.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- Extreme urgency brought about by events unforeseeable for the contracting authority
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.4. 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 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, 01.04.2020).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.E. The situation is not attributable to the contracting authority:DHSC has not caused or contributed to the coronavirus crisis, which justifies the need for extreme urgency
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
30 April 2020
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
CH and L Limited
3 Heasman Close
Newmarket
CB88JD
Country
United Kingdom
NUTS code
- UK - UNITED KINGDOM
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £14,400,000
Total value of the contract/lot: £14,400,000
Section six. Complementary information
six.3) Additional information
This is no longer a live contract, this notice has been published for information purposes only.
six.4) Procedures for review
six.4.1) Review body
The High Court
Strand
London
WC2A 2LL
Country
United Kingdom