The Department for Business, Energy and Industrial Strategy (BEIS): SARS-COV-2 VACCINE SUPPLY AGREEMENT

UK-London: Vaccines.

Section I: Contracting Authority

   I.1) Name, Addresses and Contact Point(s):
       The Department for Business, Energy and Industrial Strategy (BEIS)
       1 Victoria Street, London, SW1H 0ET, United Kingdom
       Tel. +44 02072155000, Email: VTFContracts@beis.gov.uk
       Main Address: https://www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy
       NUTS Code: UKI

   I.2) Joint procurement:
      The contract involves joint procurement: No          
      In the case of joint procurement involving different countries, state applicable national procurement law: Not Provided
      The contract is awarded by a central purchasing body: No

   I.4)Type of the contracting authority:
      Ministry or any other national or federal authority, including their regional or local subdivisions

   I.5) Main activity:
      General public services

Section II: Object Of The Contract

   II.1) Scope of the procurement

      II.1.1) Title: SARS-COV-2 VACCINE SUPPLY AGREEMENT            
      Reference number: 4681/10/2020

      II.1.2) Main CPV code:
         33651600 - Vaccines.


      II.1.3) Type of contract: SUPPLIES

      II.1.4) Short description: Procurement of Novavax’s vaccine candidate NVX-CoV2373, as intended for the prophylaxis and vaccination against SARS-CoV-2 in humans.

      II.1.6) Information about lots
         This contract is divided into lots: No
            
      II.1.7) Total value of the procurement (excluding VAT)
          Value: 1
                  
         Currency:GBP            

   II.2) Description

      II.2.2) Additional CPV code(s):
      Not Provided

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

      II.2.4) Description of the procurement: Procurement of Novavax’s vaccine candidate NVX-CoV2373, as intended for the prophylaxis and vaccination against SARS-CoV-2 in humans.

      II.2.5) Award criteria:
                  
      Price - Weighting: 100
            

      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
         

      II.2.14) Additional information: Contract value is being withheld due to commercial sensitivity (Reg 50(6)(b) & (c)). Publication may enable competitors to calculate cost per dose. This will commercially prejudice (i) the supplier in its negotiations with other national governments & (ii) the contracting authority in negotiations with other vaccine vendors. It may also impact fair competition between vaccine vendors.


Section IV: Procedure

IV.1) Description

   IV.1.1)Type of procedure: 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 (please complete Annex D1)


   IV.1.3) Information about a framework agreement or a dynamic purchasing system
      The procurement involves the establishment of a framework agreement: No       
      

   IV.1.6) Information about electronic auction
      An electronic auction has been used: No

   IV.1.8) Information about the Government Procurement Agreement (GPA)
      The procurement is covered by the Government Procurement Agreement: Yes

IV.2) Administrative information

   IV.2.1) Previous publication concerning this procedure
       Not Provided
   

   IV.2.9) Information about termination of call for competition in the form of a prior information notice
      The contracting authority will not award any further contracts based on the above prior information notice: No

Section V: Award of contract

Award Of Contract (No.1)

   Contract No: 4681/10/2020    
   Lot Number: Not Provided    
   Title: SARS-COV-2 VACCINE SUPPLY AGREEMENT

   A contract/lot is awarded: Yes


   V.2) Award of contract

      V.2.1) Date of conclusion of the contract: 22/10/2020

      V.2.2) Information about tenders
         Number of tenders received: 1
         Number of tenders received from SMEs: Not Provided          
         Number of tenders received from tenderers from other EU Member States: Not Provided          
         Number of tenders received from tenderers from non-EU Member States: Not Provided          
         Number of tenders received by electronic means: Not Provided

      V.2.3) Name and address of the contractor

      The contract has been awarded to a group of economic operators: No
         
         Contractor (No.1)
             Novavax Inc., 222816046
             21 Firstfield Road, Gaithersburg, 20878, United States
             NUTS Code: UK
            The contractor is an SME: No

      V.2.4) Information on value of the contract/lot (excluding VAT)
         Initial estimated total value of the contract/lot: Not Provided          
         Total value of the contract/lot: 1
         Currency: GBP

      V.2.5) Information about subcontracting
         The contract is likely to be subcontracted: No
         
Section VI: Complementary information

   VI.3) Additional information: Contract end date is being withheld on grounds that release would be contrary to public interest (Reg 50(6)(a)) & commercial sensitivity (Reg 50(6)(b) & (c)). The date is variable based on production & delivery. Given significant challenges to overcome, the end date may set unrealistic expectation for the public/market. Also, given significant competition to bring to the market a successful vaccine, provision of the contract term is valuable information to competitors that may impact negotiations/ future competition.
To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=545030967

   VI.4) Procedures for review

      VI.4.1) Review body
          Department of Business, Energy & Industrial Strategy
          1 Victoria Street, Westminister, London, SW1H 0ET, United Kingdom

      VI.4.3) Review procedure
         Precise information on deadline(s) for review procedures: Not Provided

      VI.4.4) Service from which information about the review procedure may be obtained
         Not Provided

   VI.5) Date of dispatch of this notice: 20/11/2020




ANNEX D

   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

      No tenders or no suitable tenders/requests to participate in response to: Not Provided

      The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive (for supplies only): No       
      
      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

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

      Additional deliveries by the original supplier ordered under the strict conditions stated in the directive: No

      
      
      Procurement of supplies quoted and purchased on a commodity market: No

      Purchase of supplies or services on particularly advantageous terms: No


   3. Explanation
          A direct contract with Novavax Inc. without competition is necessary for unforeseeable reasons of extreme urgency i.e. the urgent requirement to find a viable vaccine to end the Covid 19 pandemic (Regulation 32(2)(c)). In addition, competition was absent because Novavax has exclusive rights to this candidate vaccine (Reg 32(2)(b)(iii)).