Contract award notice
Results of the procurement procedure
Section I: Contracting
authority
I.1) Name and addresses
Competition and Markets Authority
Victoria House, Southampton Row
London
WC1B 4AD
UK
Telephone: +44 2037386543
E-mail: luciana.marenna@cma.gsi.gov.uk
NUTS: UKI
Internet address(es)
Main address: https://www.gov.uk/government/organisations/competition-and-markets-authority
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
Economic and financial affairs
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Economic expert for legal proceedings in the Competition Appeal Tribunal.
II.1.2) Main CPV code
73210000
II.1.3) Type of contract
Services
II.1.4) Short description
The expert will be instructed as an independent economic expert in appeal proceedings which challenge the Competition and Markets Authority's final decision in a recent Competition Act 1998 investigation. The expert must be able to opine and provide independent expert evidence on pay for delay agreements, also known as reverse payment settlement agreements, and be a renowned leader in the economic thinking in that area.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Lowest offer:
100 000.00
GBP/ Highest offer:
200 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKI
Main site or place of performance:
London.
II.2.4) Description of the procurement
The expert will be instructed as an independent economic expert in appeal proceedings which challenge the Competition and Markets Authority's final decision in a recent Competition Act 1998 investigation. The expert must be able to opine and provide independent expert evidence on pay for delay agreements, also known as reverse payment settlement agreements, and be a renowned leader in the economic thinking in that area.
II.2.5) Award criteria
Quality criterion: The expert must have extensive knowledge of anti-trust/competition law and enforcement practice, particularly in relation to cases involving pay for delay agreements
/ Weighting: 30
Quality criterion: The expert must have extensive knowledge of economics, IP and the pharmaceutical market/sector
/ Weighting: 20
Quality criterion: The expert must have significant academic experience on the subject of pay for delay agreements
/ Weighting: 20
Quality criterion: The expert must have experience of having worked for an enforcement agency/regulator
/ Weighting: 10
Cost criterion: Expert must provide value for money to the CMA
/ Weighting: 20
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:
The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
Explanation
The award of this contract has been made without prior publication in the Official Journal of the European Union on the basis that:
a. The services can be supplied only by a particular economic operator on the basis that competition is absent for technical reasons and no reasonable alternative or substitute exists: See regulation 32(b)(ii) of the Public Contract Regulations 2015 (‘the 2015 Regulations’).
The Competition and Markets Authority (‘the CMA’) has concluded that Professor Shapiro has the particular expertise on the issues on which the CMA may require independent expertise during the course of the appeals.
b. For reasons of urgency, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with: Regulation 32(c) of the 2015 Regulations.
The CMA only has a 6-week period in which to prepare its defence and witness evidence (including expert evidence), pursuant to the Competition Appeal Tribunal Rules 2015. Given that the deadline for any party to file their notice of appeal is 12.4.2016, the CMA needs to instruct Professor Shapiro immediately in order to assist in the preparation of the CMA's case.
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
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
27/04/2016
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
Professor Carl Shapiro
80 Gravatt Drive, Berkeley
California
CA 94705
US
NUTS: UKI
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
Lowest offer:
100 000.00
GBP
/ Highest offer:
200 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
To view this notice, please click here: https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=197990731
GO Reference: GO-2016513-PRO-8203598.
VI.4) Procedures for review
VI.4.1) Review body
Competition and Markets Authority
Victoria House, Southampton Row
London
WC1B 4AD
UK
Telephone: +44 2037386543
VI.5) Date of dispatch of this notice
13/05/2016