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UNITED KINGDOM-London: REGN-COV2 SUPPLY AGREEMENT FOR PANDEMIC PURPOSES

Type of document: Contract award
Country: United Kingdom
Publication Ref: (2021/S 000-006891/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Regulation of procurement: Not applicable
Type of bid required: Not applicable

Contract award notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Business Energy and Industrial Strategy
Postal address: 1 Victoria Street
Town: London
Postal code: SW1H0ET
Country: United Kingdom
Email: [email protected]
Internet address(es):
Main address:

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
General public services

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: REGN-COV2 SUPPLY AGREEMENT FOR PANDEMIC PURPOSES

Reference number: 4964/03/2021
II.1.2) Main CPV code: 33600000
II.1.3) Type of contract Supplies
II.1.4) Short Description: Procurement for REGN-COV2.
II.1.6) Information about lots:
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Procurement for REGN-COV2.

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: Information on contract value is being withheld due to commercial sensitivity under Regulation 50(6)(b) and (c) as the publication of the price may enable competitors to calculate cost per dose. This will (i) commercially prejudice the supplier in its ongoing negotiations with other national governments; (ii) commercially prejudice the contracting authority in its ongoing negotiations with other vendors and (iii) impact fair competition between vendors .

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

1.Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in 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:
Our position, after reviewing the advice from counsel, is that under the unforeseen current global public health crisis there is a strong argument that the direct award of a contract with Roche is compliant with current PCR regulations in respect to section 32(2)(c). Firstly, the urgent award to Roche is strictly necessary to prevent significant loss of life, disease, and protracted periods of continued economic stress. Delay in acquiring binding assurances to reserves of antibody doses would pose an imminent risk for long term procurement of a antibody to combat the Covid-19 pandemic. Therefore, the UKs adoption of a protectionist approach to acquiring the Regeneron antibody via a direct award is fully justified under PCR regulation 32(2)(c).

IV.1.3) Information about a framework agreement or a dynamic purchasing system
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: 4964/03/2021
Title: REGN-COV2 SUPPLY AGREEMENT FOR PANDEMIC PURPOSES

A contract/lot is awarded yes
V.2) Award of contract
V.2.1) Date of conclusion of the contract:2021-03-05
V.2.2) Information about tenders
Number of tenders received:1
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Roche Products Limited
Town: Welwyn Garden City
Country: United Kingdom
Nuts code:
The contractor is an SME no

V.2.4) Information on value of the contract/lot(excluding VAT)
Initial estimated total value of the contract/lot: 1
Total value of the contract/lot:1
Currency:GBP

Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Official name: Department of Business, Energy and Industrial Strategy
Town: London
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-04-01