Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 14 September to Question 81560, what other approaches were considered in determining where procurement meets the tests for the use of Regulation 32.

Guidance on how contracting authorities should respond to COVID-19 was published on 18 March at the following link:

https://www.gov.uk/government/publications/procurement-policy-note-0120-responding-to-covid-19

Authorities are allowed to procure goods, services and works with extreme urgency in exceptional circumstances using regulation 32(2)(c) under the Public Contract Regulations 2015. The Department assesses the market conditions for procuring supplies related to any procurement, including those relating to COVID-19, in accordance with procurement guidance and regulations. The Department has to demonstrate on a case by case basis that it is satisfied the tests set out in the guidance permitting use of the negotiated procedure without prior publication have been met. These are summarized as follows:

- you need to respond to the COVID-19 consequences immediately because of public health risks, loss of existing provision at short notice, etc;

- you are reacting to a current situation that is a genuine emergency - not planning for one;

- the COVID-19 situation is so novel that the consequences are not something you should have predicted;

- there is no time to run an accelerated procurement under the open or restricted procedures or competitive procedures with negotiation;

- there is no time to place a call off contract under an existing commercial agreement such as a framework or dynamic purchasing system; and

- you have not done anything to cause or contribute to the need for extreme urgency.