Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2020-05-12
Buyer: Walsall Metropolitan Borough Council
Country: UK
Contract type: Services
Procedure: Open procedure
CPV classification: 85100000: Health services

Technical requirements: The Public Health team of Walsall Borough Council commissioned the delivery of the Walsall Healthy Child Programme in schools as delivered by the school nursing team in order to ensure that the needs of Walsall young people, carers and schools are met into the future.
This quality service will be offered to a school population of approximately 50 000 young people in 86 primary schools and 19 secondary schools to an estimated annual value of GBP 1 million.
This contract also contains the teenage pregnancy reduction service which was varied into the contract during its term with a value of approximate GBP 119 000 per annum.
The contract started from 1 August 2015 and was extended in line with the original notice to expire on 31 September 2020.
WMBC will incorporate a minimum 10 calendar day standstill period at the point information on entering into the agreement is published. Such additional information should be requested from the addressee found in I.1). If an appeal regarding entering into the agreement has not been successfully resolved the Public Contracts Regulations 2015 (SI 2015 No 102) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (within 30 days beginning with the date when the economic operator first knew or ought to have known that grounds for such action had arisen).
Where the agreement has not been entered into the court may order the setting aside of the decision to enter into the agreement or order WMBC to amend any document and may award damages. Following the correct implementation of a 10 day standstill period and publication of appropriate notices the court may only award damages once the agreement has been entered into.
This contract is being modified in line with Reg 72 of Public Contract Regulations 2015 to extend the term of the agreement for a further 18 months. This will mean the contract will expire on 31 January 2022. This will bring the term inline with the 0-5 Healthy Child contract that the Council also holds so that these can be commissioned more effectively together. The annual value inclusive of all the variations is GBP 1 220 994 meaning the value of the 18 month extension will be GBP 1 831 491, which satisfies the 50 % threshold of the original advertised contract value of GBP 5 000 000. These changes constitute a continuation of the service so the Council does not judge these to be material changes in line with Reg 72 of PCR 2015.
The values given under section VII.1.5) and VII.1.6) are for the full contract value inclusive of this extension.
The modification is to extend the term of the contract by 18 months to enable the Council to recommission this service along with another (0-5 Healthy Child programme) to contribute to a more efficient service.
To change service provider for this term would cause a detrimental impact on the service delivered to the residents of Walsall for this relatively short period of time whilst the Council carries out a thorough recommissioning process. This would also likely incur greater costs to the Council due to the limited ability for a provider to recoup any mobilisation or set up costs so would be detrimental from a value for money standpoint as well as a service delivery one. These economic and qualitative reasons are the factors preventing a change of contractor for this 18-month period.


Winner: Walsall Healthcare NHS Trust