Provision of Clinical Waste Bags

CPV: Polythene waste and refuse sacks and bags

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Goods

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

27 Sept 2021, 11:25 BST

Last source update

27 Sept 2021, 11:25 BST

FTS notice number

2021/S 000-023913

Classification (CPV)

Polythene waste and refuse sacks and bags

Delivery area

UK

Official registry OCID

ocds-h6vhtk-02e4d9 Find a Tender

Why no open competition

Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive

Published justification

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, in this case, face masks, 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, 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.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.

• WILLIAMS MEDICAL SUPPLIES LTDAwarded supplier04240054 CRAIGLAS HOUSE | MAERDY INDUSTRIAL ESTATE | RHYMNEY | GWENT, Rhymney, Wales, NP22 5PY

No document links were published on the notice.