Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Liverpool University Hospitals NHS Foundation Trust
Prescot Street
Liverpool
L7 8XP
UK
Contact person: Sue Colbeck
E-mail: sue.colbeck@liverpoolft.nhs.uk
NUTS: UKD72
Internet address(es)
Main address: www.liverpoolft.nhs.uk
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Health
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Supply of Disposable Filtering Face Pieces (FFP3)
Reference number: LUH_128
II.1.2) Main CPV code
35113400
II.1.3) Type of contract
Supplies
II.1.4) Short description
The supply of disposable FFP3 masks during Covid-19.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
1 525 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKD72
II.2.4) Description of the procurement
The use of FFP3 masks is critical in safeguarding the health and lives of the care professionals treating patients with Covid-19 amongst other respiratory conditions involving an aerosol generated procedure.
Delays in procuring poses a risk to life and the likelihood of a significantly increased death toll. Since March 2020, the NHS has experienced severe shortages of PPE; similar shortfalls in PPE stocks were identified globally.
There continues to be immense demand for FFP3 masks 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.
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 LUHFT to secure delivery of products, particularly in light of the corresponding delays to timelines associated with securing supply of suitable FFP3 masks which had a high pass rate via the use of quantitative testing. A three quote process was still undertaken to demonstrate value for money as 3 x resellers made themselves known to obtain the product direct from manufacture, this three quote process demonstrated a cost avoidance of 35 % against the highest price received. The masks chosen for trial were made available to the Trust by a neighbouring organisation who had a notified a high pass rate, following a trial this was confirmed.
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
Section IV: Procedure
IV.1) Description
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
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union. The procurement falls outside the scope of application of the directive due to extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive. 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. 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.
Liverpool University Hospitals NHS Foundation Trust is satisfied the tests permitting use of the negotiated procedure without prior publication (Regulation 32(2)(c)) were met.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract
Contract No: LUH_128
Title: Supply of disposable FFP3 Masks
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
30/06/2020
V.2.2) Information about tenders
Number of tenders received: 3
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Buckley Jewellery Ltd
Unit G3, Wyther Lane Industrial Estate, Wyther Green
Leeds
LS5 3AR
UK
NUTS: UK
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 1 525 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Liverpool University Hospitals NHS Foundation Trust FAO Chief Executive's Office
Prescot Street
Liverpool
L7 8XP
UK
VI.5) Date of dispatch of this notice
20/07/2020