Supply of Personal Protective Equipment for Healthcare Workers for the Care of Patients with Suspected or Confirmed Novel Coronavirus (Covid-19)

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Manchester University NHS Foundation Trust (the ‘Authority’) has awarded a contract to Pure 02 for the supply of oxygen concentrator equipment to safeguard the health and lives of the Covid-19 patients. 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: • extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive Explanation: 1) The coronavirus disease (Covid-19) is a serious infectious respiratory disease and its consequences pose a risk to life. The Covid-19 outbreak is a public health emergency of international concerns as declared by the World Health Organisation on 30 January 2020. The WHO Director General characterised Covid-19 as a pandemic on 11 March 2020, by this stage Europe was the centre of the pandemic. 2) The use of oxygen concentrator equipment is critical in safeguarding the health and lives of the Covid-19 Patients. Delays in procuring the oxygen concentrator equipment poses a risk to life of those patients who are critically ill. Also, the likelihood of significantly increased death toll. 3) Manchester University NHS Foundation Trust (MFT) is satisfied the tests permitting use of the negotiated procedure without prior publication (Regulation 32(2)(c)) were met: A. As far as is strictly necessary: Oxygen concentrator equipment was identified as strictly necessary to meet anticipated demand on the NHS during the first wave of cases in the UK. B. There are genuine reasons for extreme urgency: MFT are responding to Covid-19 immediately because of public health risks presenting a genuine emergency. C. The events that have led to the need for extreme urgency were unforeseeable: As 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.’ (Commissioner Breton, Internal Market, 1 April 2020). D. It was impossible to comply with the usual timescales in the PCR: Due to the urgency of the situation there was no time to run an accelerated procurement under the open, restricted or competitive procedures with negotiation that would allow MFT to secure delivery of products, particularly in light of the corresponding delays to timelines associated with securing supply of the PPE equipment. E. The situation is not attributable to the contracting authority: MFT has not caused or contributed to the coronavirus crisis, which justifies the need for extreme urgency.

Categories (CPV)
33000000 - Medical equipments, pharmaceuticals and personal care products

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