Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2019-02-20
Buyer: NHS Wirral CCG
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 85100000: Health services
Estimated value: 18573994 GBP

Technical requirements: The proposal is to extend the existing Ophthalmology Service contracts for a period of 18 months, until 30.9.2020. The extension would allow for a service redesign and full procurement of the new service.
The NHS Wirral CCG is intending to extend its existing Ophthalmology Service Contracts for 18 months, from 1.4.2019 to 30.9.2020. There are 32 contracts in place that enable smooth delivery of this service, all these contracts expire on 31.3.2019.
These secondary and community based ophthalmology providers offer patients good geographical access and same day appointments, where required.
NHS Wirral CCG is publishing this VEAT notice to confirm CCG's intention to extend the existing Ophthalmology Service Contracts. Following publication of the VEAT notice on 18.2.2019, there will be a 10 day standstill period, concluding on 28.2.2019 and following satisfactory conclusion of the standstill period the CCG will extend the contracts for 18 months, until 30.9.2020.
This service is a healthcare service within the meaning and scope of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 and as such is governed by these regulations and the “light touch” regime under the Public Contract Regulations 2015 (PCR 2015) (CPV code 85100000). Therefore this notice has been published pursuant to Regulation 32.1b (ii) of PCR 2015 and is being coordinated under the light touch regime as described by the regulations.
Pursuant to Regulation 5, procurement of this additional service would therefore be exempt from Part 2 of the PCR 2015. The CCG is of the view that the proposed changes are not substantial for the purposes of Regulation 72 of PCR 2015 as the proposed modification is in accordance with Regulation 72(1) (b). The CCG believes that the 18-month extension are necessary and a change in provider(s) cannot be made for economic or technical reasons due to service interoperability and any short term contract change would cause significant inconvenience and duplication of costs.
It is unlikely to be feasible commercially or technically for any provider(s) other than the existing providers to manage the smooth flow of care pathways for a limited period beyond the original contract expiry date of 31.3.2019. Any short term service change would cause both the service users and the CCG significant inconvenience. The contract extension value does not exceed 50 % of the total value of the original contract. The CCG believes that the 18 months period for the extension is not a substantial modification to the contract within the meaning of Article 72(4) of PCR 2015:
— the CCG intends to ensure that the extension will not lead to any shift in the economic balance in favour of the existing providers,
— the short term extension in the context of the existing long term contract is not a considerable extension of the scope of the contract,
— the original contracts fell outside of the previous procurement regulations (PCR 2006) as they were classified as "Part B" services. For such reason, no procurement process was followed for the award of these contracts so the proposed extension would not have impacted on potential providers.
The extension of current service contracts will provide the CCG an opportunity to fully review the Ophthalmology Service and undertake a full re-procurement. This will entail stakeholders engagement and full consideration of options for the future model, taking into account best practice and guidance from the NHS England (NHSE) Transformation Programme. In particular, the CCG wishes to enhance the offer available in the community, simplify processes and streamline the contracting model for the service; this will be through working up a single Health and Social Care specification and consideration of the optimum model to deliver the future service.
During this redesign phase, it is important that the current services remains in place for Wirral residents; providing patients with a comprehensive, stable service and a stable landscape for current providers.
NHS Wirral CCG will incorporate a standstill period of ten (10) calendar days at the point information on this notice is communicated.


Winner: SpaMedica
Award value: 18573994