Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2019/S 104-252365/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU – with participation by GPA countries
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Agencies/Misc, Other
National registration number: Logistics Delivery Operating Centre
Postal address: CMO Commercial Team, MOD Abbey Wood, Cedar 2a, Mailpoint #3237
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Richard Rambridge
Telephone: +44 1173328657
Email: Richard.Rambridge928@mod.gov.uk
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
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Defence Branded Pfizer Ltd Pharmaceutical Products

Reference number: LSL/MED/0056
II.1.2) Main CPV code: 33600000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Leidos Supply Ltd intends to award a single source framework for the provision of Pfizer Branded Pharmaceutical Products for the UK Ministry of Defence. The agreement will be for the duration of 3 years.
It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 32 (2)(b)(iii) of Directive 2014/24/EC of the European Parliament (Regulation 32(2)(b) of Public Contracts Regulations 2015. These products are manufactured by Pfizer and are only available via. a contract direct with Pfizer.
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: 2500000/ Highest offer: 4000000 taken into consideration
Currency: GBP

II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 33600000

II.2.3) Place of performance
Nuts code: UK Main site or place of performance:UNITED KINGDOM.

II.2.4) Description of the procurement
Supply of Defence Branded (Pfizer Ltd) Pharmaceutical Products.

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.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
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
Contract No: LSL/MED/0056
Title: Supply of Pfizer Branded Pharmaceutical Products

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2019-05-23
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Pfizer Ltd
Postal address: Walton Oaks, Dorking Road, Walton-on-the-Hill
Town: Tadworth
Postal code: KT20 7NS
Country: United Kingdom
Telephone: +44 17373300924
Email: john.mcilvaney@pfizer.com
Nuts code: UKJ2
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:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU: this contract opportunity is published in the Official Journal of the European Union (OJEU),the MoD Defence Contracts Bulletin and www.contracts.mod.uk
GO Reference: GO-2019528-DCB-14939106
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Agencies/Misc, Other
Postal address: Logistics Delivery Operating Centre, CMO Commercial Team, MoD Abbey Wood, Cedar 2a, Mailpoint #3237
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 1173328657
E-mail: richard.rambridge928@mod.gov.uk

VI.5) Date of dispatch of this notice:
2019-05-28

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
The works, supplies or services can be provided only by a particular economic operator for the following reason:
protection of exclusive rights, including intellectual property rights

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:
Leidos Supply Ltd intends to award a single source framework for the provision of Pfizer Branded Pharmaceutical Products for the UK Ministry of Defence. The agreement will be for the duration of 3 years.
It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 32(2)(b)(iii) of Directive 2014/24/EC of the European Parliament (Regulation 32(2)(b) of Public Contracts Regulations 2015. This is because the manufacturer has the exclusive rights, including intellectual property rights in respect to these products.
The products covered by this framework are manufactured solely by Pfizer Ltd, available to contract via. Pfizer Ltd and distributed through Alliance Healthcare, who are Pfizer Ltd’s only authorised distributor.