Public procurement notice: Contract Award Notice
Published: 2020-12-24
Buyer: Health Service Executive (HSE)
Country: IE
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 34100000 | 34114000: Special-purpose vehicles | 34130000: Motor vehicles for transport of goods | 34144000: Special-purpose motor vehicles | 60000000
Estimated value: 44484755 EUR
Award criteria: Lowest price

Technical requirements: The Authority has awarded a contract to Freightspeed for Pharmacy Ltd for the transport of medical supplies which protected the health of patients and healthcare workers throughout the Covid-19 pandemic.
The authority has awarded a contract to Aer Lingus for the transport of medical supplies, including PPE, which protected the health of patients and healthcare workers throughout the Covid-19 pandemic.
The authority has awarded a contract to Sino EU International Trading Ltd for the transport of medical supplies, including PPE, which protected the health of patients and healthcare workers throughout the Covid-19 pandemic.
The authority has awarded a contract to DHL Korea Ltd for the transport of medical supplies, including PPE, which protected the health of patients and healthcare workers throughout the Covid-19 pandemic.
The Authority has awarded a contract to Kingstown Motors for the leasing of vehicles to aid elivery of medical devices which protected the health of patients and healthcare workers throughout the Covid-19 pandemic.
The authority has awarded a contract to Masterlink Logistics Ltd for the supply of transport and warehousing services of medical products to support and protect healthcare workers and patients throughout the Covid-19 pandemic.
The authority has awarded a contract to Embassy of Ireland for the supply of transport services of medical products to Ireland to support and protect healthcare workers and patients throughout the Covid-19 pandemic.
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 confirmation by the WHO of Covid-19 as a global pandemic in March 2020 caused worldwide demand for various Medical Devices and equipment to reach unprecedented levels, triggering severe disruption to global supply chains. This presented the HSE with an extraordinary challenge to transport healthcare supplies into Ireland as their traditional sources of supply for these products were depleted. It is recognised that the characteristics of the market for medical equipment included unprecedented price volatility, closure of manufacturing plants in China, worldwide export bans and restrictions and substantial increases in the cost of equipment and transport alike.
Manufacturers and supply chains were under immediate and unprecedented global pressure to provide products. A delay in engaging with the market by running a usual procurement process ran the risk of failing to acquire and transport the necessary stock of required equipment and presenting a significant risk to life.
In line with the European Commission’s Communication (2020/C 108 I/01) (the ‘Communication’) published on 1 April 2020, the HSE used the negotiated procedure without prior publication in accordance with Article 32(2)(c) of Directive 2014/24/EU to award this contract. The HSE is satisfied the tests permitting use of the negotiated procedure without prior publication (Article 32(2)(c)) were met, as set out below.
The purchases were proportionate to the HSE’s needs in line with WHO guidance and are not a long-term supply arrangement. This procedure is only used in order to cover the gap until more stable solutions can be found.
The Authority was responding to Covid-19 immediately because of public health risks presenting a genuine emergency.
As per the Communication, ‘The specific needs for hospitals, and other health institutions to provide treatment, personal protection equipment, ventilators, additional beds, and additional intensive care and hospital infrastructure, including all the technical equipment could, certainly, not be foreseen and planned in advance, and thus constitute an unforeseeable event for the contracting authorities.’
As per the Communication, ‘It cannot be doubted that the immediate needs of the hospitals and health institutions (supplies, services and public works) have to be met with all possible speed.’ It was judged in this case to be a situation of extreme urgency making compliance with Urgent ICU deadlines impossible. Procurement following the usual timescales under Directive 2014/24/EU, including accelerated options, was impossible in this case as these timescales would not meet the public health needs and would put lives at risk.


Winner: AER Lingus
Award value: 44484755
Number of bids: 1