United Kingdom-Cardiff: Purchase of Powered Hooded Respirators and Accessories

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2020/S 101-245076/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: Procurement Department, Woodlands House, 2nd Floor, Maes-Y-Coed Road
Town: Cardiff
Postal code: CF14 4HH
Country: United Kingdom
Telephone: +44 2921836462
Email: edward.butler@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: Purchase of Powered Hooded Respirators and Accessories

Reference number: CAV- STA (20/21) 6
II.1.2) Main CPV code: 33140000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
NWSSP on behalf on Cardiff and Vale University Local Health Board wish to inform the market that they am awarding a contract for the purchase of powered hooded respirators and accessories.
II.1.6) Information about lots
The contract is divided into lots: yes
II.1.7) Total value of the procurement(excluding VAT)
Value:390297.38
Currency:GBP
II.2) Description
II.2.1) Title: Purchase of Powered Hooded Respirators and Accessories
Lot No:1
II.2.2)Additional CPV code(s)
Main CPV code: 33140000

II.2.3) Place of performance
Nuts code: UKL22 Main site or place of performance:Cardiff and Vale University Local Health Board.

II.2.4) Description of the procurement
NWSSP on behalf of the Cardiff and Vale University Local Health Board wish to inform the market that due to the Covid-19 global pandemic they are awarding a contract for the provision of powered hooded respirators and accessories.

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.2.1) Title: Purchase of Powered Hooded Respirators and Accessories
Lot No:2
II.2.2)Additional CPV code(s)
Main CPV code: 33140000

II.2.3) Place of performance
Nuts code: UKL22 Main site or place of performance:Cardiff and Vale University Local Health Board.

II.2.4) Description of the procurement
NWSSP on behalf of the Cardiff and Vale University Local Health Board wish to inform the market that due to the Covid-19 global pandemic they are awarding a contract for the provision of powered hooded respirators and accessories.

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
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
Lot No: 1
Title: Purchase of Powered Hooded Respirators and Accessories

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2020-05-20
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Healey and Lord Ltd
Postal address: MAG Group Building, Vulcan Road South
Town: Norwich
Postal code: NR6 6AF
Country: United Kingdom
Telephone: +44 1603488709
Nuts code: UKH15
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
Lot No: 2
Title: Purchase of Powered Hooded Respirators and Accessories

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2020-05-20
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Full Support Healthcare Ltd
Postal address: Harrowden Court, 66-80 Huxley Close, Park Farm Industrial Estate
Town: Wellingborough
Postal code: NN8 6AB
Country: United Kingdom
Telephone: +44 1933672180
Nuts code: UKF2
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:
(WA Ref:101862)
VI.4) Procedures for review
VI.4.1) Review body
Official name: High Court
Postal address: The 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 Cardiff and Vale University Local Health Board 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:
2020-05-21

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 infectious disease caused by a newly discovered coronavirus. The UK Government published guidance for all healthcare professionals specifying the minimum PPE requirement to protect and prevent the rate of infection that could cause harm. Part of this requirement is the need for all healthcare professionals entering use a filtering facepiece respirator, which provides an enhanced level of protection from the recommended type IIR surgical face mask used most frequently in suspected or confirmed areas. The recommended level of protection for the filtering facepiece respirator is level 3 (FFP3), which provide an effective barrier to both droplets and fine aerosols, therefore is recommended for dealing with Covid-19 patients undergoing aerosols. All healthcare professionals utilising FFP3 must be fit tested to ensure the masks provide the level of protection necessary for the safe treatment of patients, however some clinical personnel in CAV UHB require alternative protection such as powered hooded respirators due to a number of reasons. A powered Respirator is a system that uses a fan to deliver filtered air into a headtop/helmet.
Following engagement with the market and testing within the health board’s health and safety and I,P&C departments, the Duraflow respirator was deemed the most clinically acceptable of the products available for immediate purchase within the market. The award of this product enables standardisation of kit within the Health Board and allows C&V UHB to follow one clearly defined training and decontamination protocol.
Therefore in order to enable the provision of these respirators, the Cardiff and Vale UHB 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 Healey & Lord Ltd and Full Support healthcare.
The Health Board has met all the tests for awarding a contract under this regulation due to the immediate risk that Covid-19 pose to NHS staff and patients. 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 PPE.
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 Health Boards unique and urgent requirements.