Alder Hey Children's NHS Foundation Trust

Eaton Road, West Derby

Liverpool

L12 2AP

UK

Contact person: Mr Steve Begley

E-mail: steve.begley@alderhey.nhs.uk

NUTS: UKD72

Internet address(es)

Main address: http://www.alderhey.nhs.uk/

Address of the buyer profile: http://www.alderhey.nhs.uk/

II.1.1) Title

Reference number: DN486367

II.1.2) Main CPV code

33000000

II.1.3) Type of contract

Supplies

II.1.4) Short description

Isolation gowns.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 317 000.00  GBP

IV.1.1) Type of procedure

Award of a contract without prior publication of a call for competition

Justification for selected award procedure:

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

Explanation

Coronavirus disease (Covid-19) is a serious infectious respiratory disease; consequences pose a risk to life. The Covid-19 outbreak is a public health emergency of international concern as declared by the World Health Organisation (WHO) on 30 January 2020 and identified as a pandemic on 11 March 2020. 2020; Europe was the centre of the pandemic. The use of personal protective equipment is critical in safeguarding the health and lives of the care professionals treating patients with Covid-19. Delays in procuring poses a risk to life and the likelihood of a significantly increased death toll. In March 2020, the NHS experienced severe shortages of PPE; Similar

Shortfalls in PPE stocks were identified globally. There was immense demand for PPE and a procurement following the usual timescales under the Public Contracts Regulations 2015, including accelerated options, was impossible. 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.

Alder Hey Children's NHS Foundation Trust is satisfied the tests permitting use of the negotiated procedure without prior publication (Regulation 32(2)(c)) were met:

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.

There are genuine reasons for extreme urgency:

Alder Hey is responding to Covid-19 immediately because of public health risks presenting a genuine emergency.

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.’

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 Alder Hey to secure delivery of products, particularly in light of the corresponding delays to timelines associated with securing supply of the PPE equipment.

The situation is not attributable to the contracting authority: Alder Hey has not caused or contributed to the Coronavirus crisis which justifies the need for extreme urgency.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: No

Toffeln Ltd

Unit 2 Bridge Road

Bristol

BS15 4FW

UK

NUTS: UK

The contractor is an SME: Yes

VI.4.1) Review body