REGN-COV2 SUPPLY AGREEMENT FOR PANDEMIC PURPOSES

Concepts

• pandemic
• pharmaceutical products
• regn-cov2 supply agreement
• pandemic purposes
• ongoing negotiations
• commercial sensitivity
• fair competition
• national governments
• publication of the price
• competitors

Location

London

Description

Procurement for REGN-COV2.

Award Detail

Award Criteria

CPV Codes

• 33600000 - Pharmaceutical products

Indicators

• Award on basis of price.

Legal Justification

Our position, after reviewing the advice from counsel, is that under the unforeseen current global public health crisis there is a strong argument that the direct award of a contract with Roche is compliant with current PCR regulations in respect to section 32(2)(c). Firstly, the urgent award to Roche is strictly necessary to prevent significant loss of life, disease, and protracted periods of continued economic stress. Delay in acquiring binding assurances to reserves of antibody doses would pose an imminent risk for long term procurement of a antibody to combat the Covid-19 pandemic. Therefore, the UKs adoption of a protectionist approach to acquiring the Regeneron antibody via a direct award is fully justified under PCR regulation 32(2)(c).

Other Information

Information on contract value is being withheld due to commercial sensitivity under Regulation 50(6)(b) and (c) as the publication of the price may enable competitors to calculate cost per dose. This will (i) commercially prejudice the supplier in its ongoing negotiations with other national governments; (ii) commercially prejudice the contracting authority in its ongoing negotiations with other vendors and (iii) impact fair competition between vendors .