Find a TenderAwarded without competition
Published 3 Feb 2021, 11:55 GMT

Official UK procurement notice

XMNPROGQ1P4 · UK public procurement notice

Official notice

Authority: Department of Health & Social Care (Central government)

ServicesAward procedure without prior publication of a call for competition
Budget not disclosedValue not published
Awarded 26 Jan 2021no call for competition
Awarded to Air Charter Service Ltd

What is being bought

Published requirement description

The provision of freight services for the supply of lateral flow test kits for testing of COVID-19

CPV: Freight transport agency services

The lotProcurement structure

single lot · no lot value published
Lot #1Awarded

Direct Award under Reg 32 of the Public Contracts Regulation 2015 for COVID-19 response

Delivery: UK

Procedure terms & legal framework

From the official record
Procedure method
Award procedure without prior publication of a call for competition
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Services
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Direct award (no call for competition)
GPA / WTO covered
Yes (GPA)
Recurring procurement
Unspecified in notice
First published
3 Feb 2021, 11:55 GMT
Last source update
3 Feb 2021, 11:55 GMT
FTS notice number
2021/S 000-002143
Classification (CPV)
Freight transport agency services
Delivery area
UK
Official registry OCID
ocds-h6vhtk-028fb5 Find a Tender
Why no open competition

Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive

Published justification

The Government has set out the increase of COVID-19 testing capacity as a cornerstone of its strategy to combat rising rates of infection, suppressing community transmission, savings lives and ultimately supporting societal and economic recovery.Successful validation of an initial range of newly developed COVID-19 lateral flow test kits was completed by the DHSC in September, allowing for orders to be placed to secure a sustainable supply of significant volumes of these products, as a fundamental enabler of the expansion of the testing programme.The supply of these new test kits is currently limited in the face of very high global demand and consequently it was necessary to contract for supply on an ex-works basis for product manufactured in China in order to secure the required quantity of product and prevent gazumping.Where product has be sourced on an ex works basis it is imperative that this product is moved at the earliest opportunity to prevent it being sold to higher bidders.In addition the rising rates of infection in the UK and predicted growth in cases over the coming months, has created an urgent need for these new test kits to support the testing programme in the UK and therefore Air Freight presents the only viable mode for moving product to the UK in time to meet the operational requirements of the testing programme.In light of these factors the contract was awarded to ACS to meet the specific urgent need to transport test kits to the UK, utilising flights from XMN during Q1 2021.The short lead time between validating new test kits and needing these kits in the UK to support the national response to a second wave of COVID-19 cases in the UK, justifies the use of direct award under Regulation 32 provision within the Public Contracts Regulations 2015.The Department is content the tests permitting use of the Negotiated procedure without prior publication (Regulation 32(2)(c)) are met:1) Air freight charters was identified as strictly necessary to meet anticipated demand.2) It is responding to COVID-19 immediately because of public health risks presenting a genuine emergency.3) The events that led to the need for extreme urgency were unforeseeable: The Commission itself confirmed: “The current coronavirus crisis presents an extreme and unforeseeable urgency – precisely for such a situation our European rules enable public buyers to buy within a matter of days, even hours, if necessary."4) There was no time to run an accelerated procurement under the open, restricted or competitive procedures with negotiation that would secure services within the required timescales.5) The situation is not attributable to the contracting authority: It has not done anything to cause or contribute to the need for extreme urgency.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Bids received 1
Contracts signed 1latest 26 Jan 2021
Awarded toValueDateStatus
Air Charter Service LtdSubcontracting: ACS is a brokerage company-this contract is therefore subcontracted to another company-details withheld because to do so would breach specific confidentiality agreements and would aggravate relationships with their service partnersUS$5,157,025 †—Awarded

Contracts

Bid statistics published by the authority

BidsSMEVCSEValid bid range
1bids———

Contracting authority & participating public bodies

Department of Health and Social Care

Contracting authorityCentral GovernmentMinistry or any other national or federal authority, including their regional or local subdivisionsHealth 39 Victoria Street, London, London, SW1H 0EUContact email

Dispute resolution & review bodies

  • High CourtReview body London

Bidders & participating suppliers

1 commercial party on the notice
  • Air Charter Service LtdAwarded supplierAir Charter Services Ltd Millbank House, 171-185 Ewell Road, Surbiton, UK, KT6 6AP

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.