Date of dispatch of this notice: 20/01/2021
External Reference: 2021-288217
TED Reference: 2021/S 016-036836
Contract award notice
Information
Published
Contract award notice
Contract award notice
Results of the procurement procedure
Directive 2014/24/EU
Section I: Contracting authority
I.1)
Name and addresses
Health Service Executive (HSE)
N/A
Head Office
Naas
Millennium Park
IE
Contact person:
Aisling O Brien
Telephone:
+353 0214928069
E-mail:
aisling.obrien4@hse.ie
Internet address(es):
Main address:
http://www.hse.ie
Address of the buyer profile:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/461
I.2)
Joint procurement
The contract is awarded by a central purchasing body
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 COVID-19 Testing Services 1
Reference number:
HSE 15816
II.1.2)
Main CPV code
71900000
-
Laboratory services
II.1.3)
Type of contract
Services
II.1.4)
Short description
Supply of COVID-19 Testing Services
II.1.6)
Information about lots
This contract is divided into lots:
no
II.1.7)
Total value of the procurement
Value excluding VAT:
160000000.00
EUR
II.2)
Description
II.2.2)
Additional CPV code(s)
71900000
-
Laboratory services
II.2.3)
Place of performance
Main site or place of performance:
IRELAND
II.2.4)
Description of the procurement
The HSE has awarded a contract for the supply of COVID-19 testing services.
II.2.5)
Award criteria
Criteria below
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 in the Official Journal of the European Union in the cases listed below
- The procurement falls outside the scope of application of the directive
Explanation
The award of the contract specified in this notice falls outside the scope of the application of Directive 2014/24/EU by relying upon the provisions of Article 36 of the Treaty on the Functioning of the European Union.
The COVID-19 global pandemic presented (and continues to present) an extraordinary challenge to the HSE. The HSE required at short notice the provision of laboratory facilities for testing COVID-19 samples provided by the National Virus Reference Laboratory capable of providing over 15,000 tests.
Worldwide testing capacity was extremely limited as Member States acquired the totality of domestic capacity. In the absence of national testing capacity, Ireland was at serious risk of risk to human life as a consequence of its inability to test suspected COVID-19 patients. As the EU Commission stated in a Communication (COM (2020) 112 final) on 13 March 2020,
“It is the primary responsibility of EU Member States to take the appropriate health measures in the context of the current crisis. It is crucial that the primary objective of protection of health and human life is pursued by all national measures in compliance with EU rules. The internal market rules support Member States in this respect by ensuring efficiency, synergies and European solidarity.”
Acknowledging that responsibility, Ireland must be capable of end-to-end laboratory testing and diagnostic services within its national boundaries. In the absence of this testing capacity, Ireland’s exposure to a future crisis, (or an extreme escalation in the current crisis) poses unacceptable risk.
The ECJ has ruled in the past that quantitative restrictions may be allowed to protect public health which may take precedence over the free movement of goods but such restrictions must be proportionate (i.e. there must be no alternative means of protecting public health other than the quantitative restriction proposed). The HSE viewed the requirement to provide such laboratory capacity as appropriate, necessary and proportionate to achieve the objective of protecting human life by ensuring adequate testing capacity.
The HSE’s contract with Enfer provides testing capacity until May 2021 (with a possible extension). The HSE intends to award future contracts for COVID-19 laboratory testing services via a tender process and reserves the right to rely upon the provisions of Article 36 in any future process. The HSE also believes that the provisions of Article 32(2)(2)(c) of the Directive 2012/24/EU apply and reserves the right to rely upon Article 32(2)(2)(c) at a later date.
The COVID-19 global pandemic presented (and continues to present) an extraordinary challenge to the HSE. The HSE required at short notice the provision of laboratory facilities for testing COVID-19 samples provided by the National Virus Reference Laboratory capable of providing over 15,000 tests.
Worldwide testing capacity was extremely limited as Member States acquired the totality of domestic capacity. In the absence of national testing capacity, Ireland was at serious risk of risk to human life as a consequence of its inability to test suspected COVID-19 patients. As the EU Commission stated in a Communication (COM (2020) 112 final) on 13 March 2020,
“It is the primary responsibility of EU Member States to take the appropriate health measures in the context of the current crisis. It is crucial that the primary objective of protection of health and human life is pursued by all national measures in compliance with EU rules. The internal market rules support Member States in this respect by ensuring efficiency, synergies and European solidarity.”
Acknowledging that responsibility, Ireland must be capable of end-to-end laboratory testing and diagnostic services within its national boundaries. In the absence of this testing capacity, Ireland’s exposure to a future crisis, (or an extreme escalation in the current crisis) poses unacceptable risk.
The ECJ has ruled in the past that quantitative restrictions may be allowed to protect public health which may take precedence over the free movement of goods but such restrictions must be proportionate (i.e. there must be no alternative means of protecting public health other than the quantitative restriction proposed). The HSE viewed the requirement to provide such laboratory capacity as appropriate, necessary and proportionate to achieve the objective of protecting human life by ensuring adequate testing capacity.
The HSE’s contract with Enfer provides testing capacity until May 2021 (with a possible extension). The HSE intends to award future contracts for COVID-19 laboratory testing services via a tender process and reserves the right to rely upon the provisions of Article 36 in any future process. The HSE also believes that the provisions of Article 32(2)(2)(c) of the Directive 2012/24/EU apply and reserves the right to rely upon Article 32(2)(2)(c) at a later date.
IV.1.8)
Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement
: yes
IV.2)
Administrative information
Section V: Award of contract
Contract No: 1
Title: Supply of COVID-19 Testing Services 1
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
18/03/2020
V.2.2)
Information about tenders
Number of tenders received:
1
The contract has been awarded to a group of economic operators
:
noV.2.3)
Name and address of the contractor
Enfer Labs
Mocklerstown House
Ballyclerihan, Clonmel
Co. Tipperary
IE
The contractor is an SME : yes
V.2.4)
Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot:
160000000.00
EUR
Total value of the contract/lot:
160000000.00
EUR
Section VI: Complementary information
VI.4)
Procedures for review
VI.4.1)
Review body
High Courts of Ireland
Four Courts
Inns Quay
Dublin
IE