Date of dispatch of this notice: 19/03/2021
External Reference: 2021-267443
TED Reference: 2021/S 058-146268
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:
Nicola Monaghan
Telephone:
+353 0719193569
E-mail:
nicola.monaghan1@hse.ie
NUTS code:
IE -
IRELAND
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 Personal Protective Equipment for Healthcare Workers in response to COVID-19 pandemic
Reference number:
HSE 15785
II.1.2)
Main CPV code
35113410
-
Garments for biological or chemical protection
II.1.3)
Type of contract
Supplies
II.1.4)
Short description
The HSE (the ‘Authority’) has awarded a contract to Healthcare 21 for the supply of personal protective equipment to protect healthcare workers from contracting the Covid-19 disease.
II.1.6)
Information about lots
This contract is divided into lots:
no
II.1.7)
Total value of the procurement
Value excluding VAT:
2675457.00
EUR
II.2)
Description
II.2.2)
Additional CPV code(s)
35113410
-
Garments for biological or chemical protection
II.2.3)
Place of performance
NUTS code:
IE -
IRELAND
Main site or place of performance:
Ireland
II.2.4)
Description of the procurement
The HSE (the ‘Authority’) has awarded a contract to Healthcare 21 for the supply of personal protective equipment to protect healthcare workers from contracting the Covid-19 disease.
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
- Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive
Explanation
The HSE is satisfied the tests permitting use of the negotiated procedure without prior publication (Article 32(2)(c)) were met, as set out below.
A. As far as is strictly necessary:
The purchases were proportionate to the HSE’s needs in line with WHO guidance and are not a long-term supply arrangement. This procedure is only used in order to cover the gap until more stable solutions can be found.
B. There are genuine reasons for extreme urgency:
The Authority was 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 per the Communication, “The specific needs for hospitals, and other health institutions to provide treatment, personal protection equipment, ventilators, additional beds, and additional intensive care and hospital infrastructure, including all the technical equipment could, certainly, not be foreseen and planned in advance, and thus constitute an unforeseeable event for the contracting authorities.”
D. It was impossible to comply with the usual timescales in Directive 2014/24/EU:
As per the Communication, “It cannot be doubted that the immediate needs of the hospitals and health institutions (supplies, services and public works) have to be met with all possible speed.” It was judged in this case to be a situation of extreme urgency making compliance with general deadlines impossible.
Procurement following the usual timescales under Directive 2014/24/EU, including accelerated options, was impossible in this case as these timescales would not meet the public health needs and would put lives at risk.
E. The situation is not attributable to the contracting authority:
The HSE acted proportionately and without delay in its response to COVID-19. As documented above, the pandemic presented a serious risk to human life and the quantity of PPE required vastly exceeded the HSE’s requirements from previous years.
A. As far as is strictly necessary:
The purchases were proportionate to the HSE’s needs in line with WHO guidance and are not a long-term supply arrangement. This procedure is only used in order to cover the gap until more stable solutions can be found.
B. There are genuine reasons for extreme urgency:
The Authority was 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 per the Communication, “The specific needs for hospitals, and other health institutions to provide treatment, personal protection equipment, ventilators, additional beds, and additional intensive care and hospital infrastructure, including all the technical equipment could, certainly, not be foreseen and planned in advance, and thus constitute an unforeseeable event for the contracting authorities.”
D. It was impossible to comply with the usual timescales in Directive 2014/24/EU:
As per the Communication, “It cannot be doubted that the immediate needs of the hospitals and health institutions (supplies, services and public works) have to be met with all possible speed.” It was judged in this case to be a situation of extreme urgency making compliance with general deadlines impossible.
Procurement following the usual timescales under Directive 2014/24/EU, including accelerated options, was impossible in this case as these timescales would not meet the public health needs and would put lives at risk.
E. The situation is not attributable to the contracting authority:
The HSE acted proportionately and without delay in its response to COVID-19. As documented above, the pandemic presented a serious risk to human life and the quantity of PPE required vastly exceeded the HSE’s requirements from previous years.
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 Personal Protective Equipment for Healthcare Workers in response to COVID-19 pandemic
V.2)
Award of contract
V.2.1)
Date of conclusion of the contract
22/07/2020
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
Healthcare 21
Unit 5, Westpoint Buildings, Westpoint Business Park, Ballincollig
Cork
P31 XK11
IE
NUTS code:
IE -
IRELAND
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:
2675457.00
EUR
Total value of the contract/lot:
2675457.00
EUR
Section VI: Complementary information
VI.3)
Additional information
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.
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.
Confirmation by the WHO of COVID-19 as a global pandemic in March 2020 caused worldwide demand for PPE to reach unprecedented levels, triggering severe disruption to global supply chains. This presented the HSE with an extraordinary challenge as their traditional sources of supply for these products were depleted. It is recognised that the characteristics of the market for PPE included unprecedented price volatility, closure of manufacturing plants in China, worldwide export bans and restrictions and substantial increases in the cost of PPE.
In these circumstances, a procurement following the usual timescales under Directive 2014/24/EU, including accelerated options, was impossible as it would not meet the Service’s needs and would put lives at risk. 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.
In line with the European Commission’s Communication (2020/C 108 I/01) (the “Communication”) published on 1 April 2020, the HSE used the negotiated procedure without prior publication in accordance with Article 32(2)(c) of Directive 2014/24/EU to award this contract.
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.
Confirmation by the WHO of COVID-19 as a global pandemic in March 2020 caused worldwide demand for PPE to reach unprecedented levels, triggering severe disruption to global supply chains. This presented the HSE with an extraordinary challenge as their traditional sources of supply for these products were depleted. It is recognised that the characteristics of the market for PPE included unprecedented price volatility, closure of manufacturing plants in China, worldwide export bans and restrictions and substantial increases in the cost of PPE.
In these circumstances, a procurement following the usual timescales under Directive 2014/24/EU, including accelerated options, was impossible as it would not meet the Service’s needs and would put lives at risk. 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.
In line with the European Commission’s Communication (2020/C 108 I/01) (the “Communication”) published on 1 April 2020, the HSE used the negotiated procedure without prior publication in accordance with Article 32(2)(c) of Directive 2014/24/EU to award this contract.
VI.4)
Procedures for review
VI.4.1)
Review body
High Court of Ireland
Four Courts, Inns Quay
Dublin 7
D08 XY00
IE