United Kingdom-Cardiff: Covid-19 Reagent Agreement for Anti-body Testing

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2020/S 104-252551/EN)
Nature of contract: Supply contract
Procedure: Award of a contract without prior publication
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: NHS Wales Shared Services Partnership
Postal address: 4-5 Charnwood Court, Heol Billingsley, Parc Nantgarw
Town: Cardiff
Postal code: CF15 7QZ
Country: United Kingdom
Telephone: +44 1443848585
Email: shannon.mason@wales.nhs.uk
Internet address(es):
Main address:
Address of the buyer profile:

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: Covid-19 Reagent Agreement for Anti-body Testing

Reference number: PHW-STA-438
II.1.2) Main CPV code: 33696500
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Covid-19 Reagent agreement for anti-body testing.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3800000
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 33696500

II.2.3) Place of performance
Nuts code: UKL
II.2.4) Description of the procurement
NHS Wales Shared Service Partnership on behalf of Public Health Wales NHS Trust wish to inform the market that due to the Covid-19 global pandemic they are awarding a contract for the provision of testing kits, equipment, reagents and any other associated consumables required to operate the testing platforms.
The UK government has mandated UK Health Boards and Trusts to carry out antibody and antigen testing for the wider population as well as those working in Healthcare and Care settings.
Therefore in order to enable the provision of these testing kits, equipment, reagent and other associated consumables required to operate the testing platforms, Public Health Wales would like to inform the market that under Regulation 32 (2) (C) of the Public Contracts Regulations 2015 (PCR’s) as detailed in UK Government guidance PPN 01/20 they are awarding a contract to Ortho Diagnostics Clinical.
The Trust has met all the tests for awarding a contract under this regulation due to the immediate risk that Covid-19 poses to the population of Wales.

II.2.5) Award criteria
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
II.2.14) Additional information:
N/A

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
(please complete point 2 of the Annex D)
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/concession
Contract No: PHW-STA-438
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2020-05-27
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Ortho Clinical Diagnostics
Postal address: Felindre Meadows, Pencoed
Town: Bridgend
Postal code: CF35 5PZ
Country: United Kingdom
Nuts code: UK
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary information
VI.3) Additional information:
Note: to register your interest in this notice and obtain any additional information please visit the Sell2Wales website at
(WA Ref:101971)
VI.4) Procedures for review
VI.4.1) Review body
Official name: High Court
Postal address: Royal Courts of Justice, The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Telephone: +44 2079477501

VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
NHS Wales Shared Services Partnership on behalf of Public Health Wales Trust will allow a minimum 10 calendar day standstill period between notifying the award decision and awarding the contract.
Should additional information be required it should be requested of the addressee in section I.1). Aggrieved parties who have been harmed or are at risk of harm by breach of the procurement rules have the right to take action in the High Court (England and Wales). Any such action is subject to strict time limits in accordance with the Public Contracts (Amendments).

VI.5) Date of dispatch of this notice:
2020-05-28

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The procurement falls outside the scope of application of the directive

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
Coronavirus Disease (Covid-19) is an infection disease caused by a newly discovered Coronavirus.
The UK Government published the requirement for testing to be available for healthcare professionals, key workers and the wider population of Wales, to monitor and work to prevent the rate of the spread of infection.
Following engagement with the market and the Public Health Wales Microbiology department, the testing kits, equipment, reagent and other associated consumables required to operate the testing platforms were deemed clinically acceptable and the products have been available for immediate purchase within the market.
The award of these products enables the Trust to increase their testing capacity, in line with the expectations and demands of the Welsh Government strategy in tackling the Coronavirus (Covid-19) pandemic.
In these exceptional circumstances, there is no time to run an accelerated procedure in line with PCR’s as there is an urgent requirement for suitable testing kits, equipment, reagents and other associated consumables required to support the use of the testing platforms.
Based on the above, the authority is applying a 10 day standstill period to allow suppliers in the marketplace an opportunity to appeal if they believe they have the capacity to meet the Trusts unique and urgent requirements.