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
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. The HSE recognized the need to considerably expand its capacity for the supply of PPE throughout the HSE. To reflect the strategic importance of PPE, the HSE rapidly developed an integrated, end to end Sourcing and Distribution approach with a view to managing the volume of PPE required and ensuring that frontline services which need PPE, have it where and when they need it.
Specific needs for hospitals, and other health institutions to provide treatment, personal protection equipment could, certainly, not be foreseen and planned in advance.
PPE manufacturers and supply chains are under immediate and unprecedented global pressure to provide products. A delay in engaging with the market by running a usual procurement process runs the risk of failing to acquire the necessary stock of PPE equipment and presents a significant risk to life. 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. The use of the personal protective equipment (PPE) included in this contract is critical in safeguarding the health and lives of the care professionals treating patients with Covid-19.
The Health Service Executive (HSE) was tasked with rapidly developing an integrated, end to end Sourcing and Distribution approach with a view to managing the volume of PPE required and ensuring that frontline services which need PPE, have it where and when they need it. This includes all hospitals; community based healthcare settings, the National Ambulance Service, general practices and multiple other critical healthcare providers that depend on the availability of PPE stock from the centralised request management system each day. These circumstances are not attributable to the HSE as 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. 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.
The procurement is covered by the Government Procurement Agreement
: yes