Date of dispatch of this notice: 28/11/2020
External Reference: 2020-280321
TED Reference: 2020/S 230-566510
Contract award notice
Information
Published
Contract award notice
[NoticeContractAward]
[NoticeContractAwardSub]
[Directive201424]
[Section1]: [Ca]
I.1)
[NameAddressContact]
Health Service Executive (HSE)
N/A
Head Office
Naas
Millennium Park
IE
[Contactpoint]:
Nicola Monaghan
[AddressPhone]:
+353 0719193569
[AddressEmail]:
nicola.monaghan1@hse.ie
[Internets]:
[UrlGeneral]:
http://www.hse.ie
[UrlBuyerprofile]:
https://irl.eu-supply.com/ctm/Company/CompanyInformation/Index/461
I.4)
[CaType]
[MaintypePublicbody]
I.5)
[Mainactivity]
[MainactivHealth]
[Section2]: [Object]
II.1)
[QuantityScopeContract]
II.1.1)
[TitleContract]
Supply of Personal Protective Equipment for Healthcare Workers
[Fileref]:
PPE 2020 002
II.1.2)
[CpvMain]
35113410
-
II.1.3)
[TypeContract]
[Supplies]
II.1.4)
[DescrShort]
The HSE (the ‘Authority’) has awarded a contracts for the supply of personal protective equipment to protect health and care workers from contracting the Covid-19 disease.
II.1.6)
[LotsInfo]
[DivisionLots]:
[Yes]
II.1.7)
[ValueTotal]
[ValueExclVat]:
112000000.00
EUR
II.2)
[Description]
II.2.1)
[TitleContract]
4500650183 Creative Activity
[LotNumber]:
1
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The Authority has awarded a contract to Creative Activity Learning House for the supply of personal protective equipment face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500641897 Anglia Enterprise UK Ltd
[LotNumber]:
2
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The Authority has awarded a contract to Anglia Enterprise UK Ltd for the supply of personal protective equipment goggles and face shields to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500644222 Arco Safety Ltd
[LotNumber]:
3
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The Authority has awarded a contract to Arco Safety Ltd for the supply of personal protective equipment coveralls to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500645849 Arco Safety Ltd
[LotNumber]:
4
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The Authority has awarded a contract to Arco Safety Ltd for the supply of personal protective equipment face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500646967 DGH Pharma Inc
[LotNumber]:
5
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The Authority has awarded a contract to DGH Pharma Inc for the supply of personal protective equipment face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500644009 DGH Pharma Inc
[LotNumber]:
6
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The Authority has awarded a contract to DGH Pharma Inc for the supply of personal protective equipment, Isolation Gowns to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500646145 Dutec Ltd
[LotNumber]:
7
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to Dutec Ltd for the supply of personal protective equipment, face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500641497 Enterprise Asia Ireland
[LotNumber]:
8
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to Enterprise Asia Ireland for the supply of personal protective equipment, face masks, face shields & hand gel to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500643442 Europharma Concepts Ltd
[LotNumber]:
9
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to Europharma Concepts Ltd for the supply of personal protective equipment, hand gel to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500646087 GS Medical Ltd
[LotNumber]:
10
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to GS Medical Ltd for the supply of personal protective equipment face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500647106 Lennox Laboratory Supplies Ltd
[LotNumber]:
11
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to Lennox Laboratory Supplies Ltd for the supply of personal protective equipment, aprons to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500646457 Lennox Laboratory Supplies Ltd
[LotNumber]:
12
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to Lennox Laboratory Supplies Ltd for the supply of personal protective equipment, protective coat to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500645854 Lennox Laboratory Supplies Ltd
[LotNumber]:
13
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to Lennox Laboratory Supplies Ltd for the supply of personal protective equipment face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500645845 Lennox Laboratory Supplies Ltd
[LotNumber]:
14
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to Lennox Laboratory Supplies Ltd for the supply of personal protective equipment, face masks and gowns to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500640816 Paul Mc Guinness/ TA Shamazen
[LotNumber]:
15
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to Paul Mc Guinness/ TA Shamazen for the supply of personal protective equipment hand gel to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500648533 PCH International Unlimited Company
[LotNumber]:
16
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to PCH International Unlimited Company for the supply of personal protective equipment face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500648040 PCH International Unlimited Company
[LotNumber]:
17
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to PCH International Unlimited Company for the supply of personal protective equipment face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
II.2)
[Description]
II.2.1)
[TitleContract]
4500645501 VWR International Ltd
[LotNumber]:
18
II.2.2)
[CpvAdditional]
35113410
-
II.2.3)
[PlacePerformance]
[MainsiteplaceWorksDelivery]:
Ireland
II.2.4)
[DescrProcurement]
The HSE (the ‘Authority’) has awarded a contract to VWR International Ltd for the supply of personal protective equipment face masks to protect health and care workers from contracting the Covid-19 disease.
II.2.5)
[AwardCriteria]
[AwardCriteriaBelow]
[Price]
II.2.11)
[OptionsInfo]
[Options]:
[No]
II.2.13)
[EuProgrInfo]
[EuProgrRelated]:
[Yes]
[EuProgrRef]:
The procurement is related to a project and/or programme financed by European Union funds
[Section4]: [Procedure]
IV.1)
[Description]
IV.1.1)
[TypeProcedure]
[AwardWoPriorPubD1]
- [DExtremeUrgencyCa]
[DExplanation]
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 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.
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.
IV.1.8)
[GpaInfo]
[GpaCovered]
: [Yes]
IV.2)
[InfoAdmin]
[Section5]: [AwardOfContract]
[ContractNumber]: 1
[TitleContract]: 4500650183 Creative Activity Learning House
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
25/05/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Creative Activity Learning House
IE9845226S
Altnagelvin Industrial Estate, Trench Road,
Londonderry
BT47 2ED
UK
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
2300000.00
EUR
[ValueTotalFinal]:
2300000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 2
[TitleContract]: 4500641897 Anglia Enterprise UK Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
31/03/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Anglia Enterprise UK Ltd
GB101622277
Office 2.18 Harrow Business Centre, 429-433 Pinner Road,North Harrow, Middlesex,
London
HA14HN
UK
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
1815000.00
EUR
[ValueTotalFinal]:
1815000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 3
[TitleContract]: 4500644222 Arco Safety Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
15/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Arco Safety Ltd
IE9694470R
B11, Ballymount Corporate Park, Ballymount,
Dublin
D12 HY11
IE
[AwardedSme] : [No]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
2745000.00
EUR
[ValueTotalFinal]:
2745000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 4
[TitleContract]: 4500645849 Arco Safety Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
24/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Arco Safety Ltd
IE9694470R
B11, Ballymount Corporate Park, Ballymount
Dublin
D12 HY11
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
6900000.00
EUR
[ValueTotalFinal]:
6900000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 5
[TitleContract]: 4500646967 DGH Pharma Inc
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
01/05/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
DGH Pharma Inc
1409, Florida Street,Memphis,
Tennesse
38109
US
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
12000000.00
EUR
[ValueTotalFinal]:
12000000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 6
[TitleContract]: 4500644009 DGH Pharma Inc
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
14/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
DGH Pharma Inc
1409, Florida Street,Memphis,
Tennesse
38109
US
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
7000000.00
EUR
[ValueTotalFinal]:
7000000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 7
[TitleContract]: 4500646145 Dutec Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
27/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Dutec Ltd
IE6327480R
Unit B5/6, Corcanree Business Park, Dock Road
Limerick
V94 VXY9
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
11800000.00
EUR
[ValueTotalFinal]:
11800000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 8
[TitleContract]: 4500641497 Enterprise Asia Ireland
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
30/03/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Enterprise Asia Ireland
IE3212247VH
Unit 1, Block B, Broomfield Business Park, Malahide
Dublin
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
4510694.00
EUR
[ValueTotalFinal]:
4510694.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 9
[TitleContract]: 4500643442 Europharma Concepts Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
08/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Europharma Concepts Ltd
IE6437706H
Kilbeggan Road, Lehinch, Clara,
Offaly
R35 FX52
IE
[AwardedSme] : [No]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
1934062.00
EUR
[ValueTotalFinal]:
1934062.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 10
[TitleContract]: 4500646087 GS Medical Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
27/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
GS Medical Ltd
IE6401920H
Suite 6, Block 5.1, Woodford Court Woodford Business Park, Turnapin Little,
Dublin 9
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
6000000.00
EUR
[ValueTotalFinal]:
6000000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 11
[TitleContract]: 4500647106 Lennox Laboratory Supplies Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
01/05/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Lennox Laboratory Supplies Ltd
IE8Y53199V
JFK drive, Naas Road,
Dublin 12
D12FP79
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
8714616.00
EUR
[ValueTotalFinal]:
8714616.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 12
[TitleContract]: 4500646457 Lennox Laboratory Supplies Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
28/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Lennox Laboratory Supplies Ltd
IE8Y53199V
JFK drive, Naas Road,
Dublin 12
D12FP79
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
6950139.00
EUR
[ValueTotalFinal]:
6950139.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 13
[TitleContract]: 4500645854 Lennox Laboratory Supplies Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
24/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Lennox Laboratory Supplies Ltd
IE8Y53199V
JFK drive, Naas Road,
Dublin 12
D12FP79
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
1700000.00
EUR
[ValueTotalFinal]:
1700000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 14
[TitleContract]: 4500645845 Lennox Laboratory Supplies Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
24/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Lennox Laboratory Supplies Ltd
IE8Y53199V
JFK drive, Naas Road,
Dublin 12
D12FP79
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
1417400.00
EUR
[ValueTotalFinal]:
1417400.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 15
[TitleContract]: 4500640816 Paul Mc Guinness/ TA Shamazen
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
27/03/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
Paul Mc Guinness/ TA Shamazen
IE5246342R
Main Street, Ratoath,
Co. Meath
A85 YK13
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
3297447.00
EUR
[ValueTotalFinal]:
3297447.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 16
[TitleContract]: 4500648533 PCH International Unlimited Company
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
12/05/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
PCH International Unlimited Company
IE8250121E
Heritage Business Pard, Bessboro Road,Blackrock,
Co. Cork
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
22400000.00
EUR
[ValueTotalFinal]:
22400000.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 17
[TitleContract]: 4500648040 PCH International Unlimited Company
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
08/05/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
PCH International Unlimited Company
IE8250121E
Heritage Business Pard, Bessboro Road,Blackrock,
Co. Cork
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
9843750.00
EUR
[ValueTotalFinal]:
9843750.00
EUR
[Section5]: [AwardOfContract]
[ContractNumber]: 18
[TitleContract]: 4500645501 VWR International Ltd
V.2)
[AwardOfContract]
V.2.1)
[DateAward]
22/04/2020
V.2.2)
[AwardOffersInfo]
[OffersReceived]:
1
[AwardedGroup]
:
[No]V.2.3)
[AwardedToName]
VWR International Ltd
IE9Z54550G
Orion Business Campus, North West Business Park, Ballycoolin, Blanchardstown,
Dublin 15
IE
[AwardedSme] : [Yes]
V.2.4)
[ValueContractInfo] ([ExclVat])
[ValueEstimTotalContract]:
1600000.00
EUR
[ValueTotalFinal]:
1600000.00
EUR
[Section6]: [InfoComplement]
VI.3)
[InfoAdditional]
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
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 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.
• Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive
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 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.
VI.4)
[AppealsProcedure]
VI.4.1)
[AppealsBody]
High Court of Ireland
Four Courts, Inns Quay
Dublin 7
IE