United Kingdom-Middlesbrough: Supply of Profiling Beds with Accessories, Pressure Relieving Mattresses and Cushions

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2020/S 081-192449/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Middlesbrough Council
Postal address: Contract and Commissioning Unit, Civic Centre
Town: Middlesbrough
Postal code: TS1 9FZ
Country: United Kingdom
Contact Person: Philip Robinson
Telephone: +44 1642729177
Email: philip_robinson@middlesbrough.gov.uk
Internet address(es):
Main address: www.middlesbrough.gov.uk
Address of the buyer profile: www.middlesbrough.gov.uk

I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Supply of Profiling Beds with Accessories, Pressure Relieving Mattresses and Cushions

Reference number: DN140070
II.1.2) Main CPV code: 33000000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Beds are to be used in a community setting and must be electrically powered with a range of bed rails, bed rail bumpers and grab handles. Beds size to range from single to bariatric mattresses must be supplied in a range of sizes up to and including king size. Mattresses are to be supplied in the range listed below:
Foam Visco/Gel Hybrid (Foam/Air) Alternating Air.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Lowest offer: 300000.00/ Highest offer: 350000.00 taken into consideration
Currency: GBP

II.2) Description
II.2.3) Place of performance
Nuts code: UKC1 Main site or place of performance:Tees Valley.

II.2.4) Description of the procurement
The current contract expires on 30 September 2020.
Due to the Covid-19 outbreak, the Council is having to delay some of its procurement activity in order to facilitate its role in dealing with the outbreak, involving some emergency measures, with staff otherwise engaged in procuring more vital services in the current climate.
Following the guidance of ‘Procurement Policy Note — Responding to Covid-19 (Information note PPN 01/20: March 2020)’.
The Council considers the above to be legal and appropriate under the current circumstances and justified under Regulation 32 of the Public Contract Regulations 2015, in that it is for reasons of extreme urgency brought about by events unforeseeable to the Council and meets the requirements as set out under Regulation 72(1) allowing for the modification of the contract without a new procurement procedure in that the following criteria are all being met:
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(ii) the modification does not alter the overall nature of the contract;
(iii) any increase in price does not exceed 50 % of the value of the original contract or framework agreement.
The Council has relied on Regulation 72(1)(c) and is extending the current contract for a period of 6 months until 31 March 2021 and anticipates re-procuring the service and a new contract being in place as from 1 April 2021.
The extension of 6 months has been limited to what is absolutely necessary to address the unforeseeable circumstance.

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
Negotiated procedure without prior publication(in accordance with Article 32 of Directive 2014/24/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:2015/S 042-071626

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2020-04-15
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Direct Healthcare Services Ltd
Town: Caerphilly
Country: United Kingdom
Nuts code: UKC1
The contractor is an SME: yes
Official name: Harvest Healthcare Ltd
Town: Rotherham
Country: United Kingdom
Nuts code: UKC1
The contractor is an SME: yes
Official name: Invacare Ltd
Town: Bridgend
Country: United Kingdom
Nuts code: UKC1
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 informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Middlesbrough Council
Postal address: PO Box 505, Civic Centre
Town: Middlesbrough
Postal code: TS1 9FZ
Country: United Kingdom
E-mail: contractandcommissioningunit@middlesbrough.gov.uk
Internet address: www.middlesbrough.gov.uk

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Middlesbrough Council
Postal address: PO Box 505, Civic Centre
Town: Middlesbrough
Postal code: TS1 9FZ
Country: United Kingdom
E-mail: contractandcommissioningunit@middlesbrough.gov.uk
Internet address: www.middlesbrough.gov.uk

VI.5) Date of dispatch of this notice:
2020-04-23

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
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:
The procurement falls within the remit of regulation 32(2)(c) of the Public Contract Regulations 2015, namely for reasons of extreme urgency brought about by events unforeseeable by the contracting authority.
The current contract expires on 30 September 2020.
Due to the Covid-19 outbreak, the Council is having to delay some of its procurement activity in order to facilitate its role in dealing with the outbreak, involving some emergency measures, with staff otherwise engaged in procuring more vital services in the current climate.
Following the guidance of ‘Procurement Policy Note — Responding to Covid-19 (Information note PPN 01/20: March 2020)’
The Council considers the above to be legal and appropriate under the current circumstances and justified under Regulation 32 of the Public Contract Regulations 2015, in that it is for reasons of extreme urgency brought about by events unforeseeable to the Council and meets the requirements as set out under Regulation 72(1) allowing for the modification of the contract without a new procurement procedure in that the following criteria are all being met:
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(ii) the modification does not alter the overall nature of the contract;
(iii) any increase in price does not exceed 50 % of the value of the original contract or framework agreement.
The Council has relied on Regulation 72(1)(c) and is extending the current contract for a period of 6 months until 31 March 2021 and anticipates re-procuring the service and a new contract being in place as from 1 April 2021.
The extension of 6 months has been limited to what is absolutely necessary to address the unforeseeable circumstance.