Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government whether they will publish a list of all companies who were contracted to supply personal protective equipment (PPE) as a result of the high-priority lane used to assess and process potential PPE procurement leads; if so, (1) when, and (2) to include (a) the name of the person who recommended the company for the process, (b) each contract awarded to each company, and (c) the value of each such contract; and if not, why not.
Answered by Lord Bethell
We do not intend to publish the list of suppliers who were awarded personal protective equipment contracts after having had their offers reviewed with more urgency as there may be associated commercial implications.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what plans they have to publish details of any contracts for the purchase of personal protective equipment in 2020, for which they have financially assisted the contractor in any way, including (1) partial or complete up-front payment, or (2) payment in any other manner.
Answered by Lord Bethell
Advanced payments have been used on a number of contracts awarded to suppliers in response to the COVID-19 pandemic. Each contract is different; some are payment on delivery and others are a percentage of payment upfront. Our approach has been to take some managed risk in order to secure supplies in an exceptional and globally highly competitive market. Contracts have break clauses in them, meaning if the company supplies faulty products or misses delivery dates, we can cancel the contracts and reclaim our money.
Over 900 contracts have been awarded by the Department and its executive agencies to suppliers for the delivery of goods and services related to the COVID-19 pandemic. To provide a validated assessment of whether an advanced payment has been agreed or not for each of these orders would involve disproportionate cost.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government whether they intend to continue to invoke the “extreme urgency” provision of regulation 32(2)(c) of the Public Contract Regulations 2015 for personal protective equipment supplies throughout the winter; and when they intend to revert to normal procurement arrangements, including competitive tender.
Answered by Lord Bethell
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. Where any procurement meets the tests for the use of Regulation 32(2)(c) for the direct award of a contract then that approached will be used. Where it does not, other approaches will be considered.
We have already ordered around 32 billion items of personal protective equipment (PPE), of which over 20 billion is already in the United Kingdom. To ensure we can respond rapidly to demand surges in the future, the Department is building a strategic stockpile of PPE. This month, we will have a four-month stockpile of all COVID-19-critical PPE in place. The demand for PPE and the different factors affecting its supply are though kept constantly under review.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what plans they have to publish details of any contracts for the purchase of personal protective equipment in 2020 (1) that have failed to deliver to specification, and (2) for which delivery is overdue.
Answered by Lord Bethell
Three hundred and seventy contracts have been awarded by the Department for the supply of personal protective equipment (PPE). All contracts are managed individually and information on the amounts of PPE found not to have been delivered to specification or for which delivery is overdue is not currently collated and held centrally. All contracts have clauses in them that allow the Department to seek redress if the company supplies faulty products or misses delivery dates.
All PPE procured from abroad that arrives at the central PPE distribution warehouse in Daventry is checked. If it is not CE marked then documents are sent to the UK regulators, the Health and Safety Executive and the Medicines and Healthcare products Regulatory Agency, who agree to its release as the Market Surveillance Authorities for PPE and medical devices. Products are only released into the supply chain if the documents show the product is fit for its intended use.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government to provide a list of the data collected for the NHS COVID-19 Data Store which is to measure compliance with social distancing, including the “intelligence” referred to by the Chancellor of the Duchy of Lancaster in his evidence to the Public Administration and Constitutional Affairs Committee on 29 April.
Answered by Lord Bethell
The COVID-19 Data Store Reference Library describes the datasets being used in the NHS COVID-19 Data Store, and the sources of those datasets.
As more data is added to support the COVID-19 response the list will be updated.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government why Palantir’s contract with NHS England for the NHS COVID-19 Data Store allows that company to process sensitive personal data such as “political affiliations, religious or similar beliefs”.
Answered by Lord Bethell
Data in the NHS COVID-19 Data Store is de-identified by National Health Service staff before the data is analysed on Palantir's platform.
As such, no identifiable data is being accessed by anyone other than the NHS.
Data is only processed under instruction by NHS England and the companies involved cannot use the data for their own purposes.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government whether they will list the contracts awarded in 2020 for the supply of (1) personal protective equipment, and (2) other COVID-19 related products or services, with companies that had no previous experience of supplying those products or services; and in each case identify (a) how the supplier was selected, (b) what due diligence was performed to determine the supplier’s ability to perform the contract, (c) who carried out that due diligence, (d) how value for money was assessed, and (e) who was the senior official or minister to authorise the order.
Answered by Lord Bethell
Online guidance on how contracting authorities should respond to coronavirus was published on March 18. Public 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. Available options include a direct award due to extreme urgency and direct award due to absence of competition or protection of exclusive rights.
Over 1,000 purchase orders have been awarded to suppliers for COVID-19 related work, the majority through a direct award. There is no single consideration such as previous experience as to whether a supplier is added to the supply chain. The supplier will be evaluated by Departmental officials on their financial standing, compliance with minimum product specifications and ability to perform the contract. To provide a validated assessment of solely the previous experience for each of the suppliers on each of these contracts would involve disproportionate cost. Contracts are awarded by the appropriate Departmental accounting officer, an official, in line with Department’s terms and conditions which include clauses for contract management to assess performance and value for money throughout the lifetime of the contract.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government whether at any time in 2020 they had a preferred list of suppliers of COVID-19 related products and services; and, if so, what checks were carried out to ensure that no conflicts of interest existed between those companies and ministers or special advisers.
Answered by Lord Bethell
Online guidance on how contracting authorities should respond to coronavirus was published on March 18. Public 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. Available options include a direct award due to extreme urgency and direct award due to absence of competition or protection of exclusive rights.
Over 1,000 purchase orders have been awarded to suppliers for COVID-19 related work, the majority through a direct award. There is no single consideration such as previous experience as to whether a supplier is added to the supply chain. The supplier will be evaluated by Departmental officials on their financial standing, compliance with minimum product specifications and ability to perform the contract. To provide a validated assessment of solely the previous experience for each of the suppliers on each of these contracts would involve disproportionate cost. Contracts are awarded by the appropriate Departmental accounting officer, an official, in line with Department’s terms and conditions which include clauses for contract management to assess performance and value for money throughout the lifetime of the contract.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government, further to Question for Written Answer HL5806, tabled on 16 June and due for answer on 30 June, how many contracts they have entered into with Pestfix Ltd; on what dates those contracts were entered into; and when they will publish the contract award notices.
Answered by Lord Bethell
The Department has raised 11 purchase orders to PestFix Ltd which relate to seven contracts. One Contract Award Notice has been published which shows that the contract was awarded on 13 April 2020. The other Contract Award Notices will be published shortly. These will contain the dates of the contract award which, as with all the information to be published, is subject to a validation process.
Asked by: Lord Strasburger (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government when they will publish the most recent contracts between NHS England and (1) Palantir, (2) Faculty, (3) Google, and (4) Amazon, which relate to the NHS COVID-19 Data Store.
Answered by Lord Bethell
The contract with Palantir will be published in the usual way in due course. The Faculty contract is being negotiated for extension and the contract will be published in the usual way in due course. NHS England does not own a contract with Google or Amazon regarding the NHS COVID-19 Data Store.