Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2019-03-20
Buyer: NHS Buckinghamshire Clinical Commissioning Group
Country: UK
Contract type: Services
CPV classification: 85120000: Medical practice services

Technical requirements: NHS England Thames Valley Area Team (the Commissioner at the time of the original procurement) carried out an exercise to identify a provider for a GP Surgery on an APMS Contract, initially on a 5-year term. NHS England Thames Valley Area Team sought expressions of interest from suitably qualified and interested providers with an ability to deliver a GP Surgery service across 2 sites. The practice had a current list size of 8 200 patients, provided from the main surgery premises, Cressex Health Centre, Coronation Road, Cressex Business Park, High Wycombe and its branch surgery at Lynton House, London Road, High Wycombe.
The Contract was awarded to CV Health with the intention stated within the procurement documents to novate the contract to Better Health Bucks (BHB). The contract will be novated in line with this in April 2019. The contract was for 5 years with the option to extend for an additional 2 years. The service commencement date was 1.7.2015.
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 (“the Regulations”) which are not subject to the full regime of the Regulations, but is instead governed by the “Light Touch Regime” contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
The deadline for lodging of appeals should be in accordance with Regulation 87 and Regulation 91 of the 2015 Regulations.
NHS England Thames Valley Area Team (the Commissioner at the time of the original procurement) carried out an exercise to identify a provider for a GP Surgery on an APMS Contract, initially on a 5-year term. NHS England Thames Valley Area Team sought expressions of interest from suitably qualified and interested providers with an ability to deliver a GP Surgery service across 2 sites. The practice had a current list size of 8,200 patients, provided from the main surgery premises, Cressex Health Centre, Coronation Road, Cressex Business Park, High Wycombe and its branch surgery at Lynton House, London Road, High Wycombe.
The Contract was awarded to CV Health with the intention stated within the procurement documents to novate the contract to Better Health Bucks (BHB). The contract will be novated in line with this in April 2019. The contract was for 5 years with the option to extend for an additional 2 years. The service commencement date was 1.7.2015. At the time of the original procurement the lease term was not known to the Commissioner, the modification seeks to align the contract with the existing lease contract by allowing extension up until 30.11.2026.
— In order to continue making improvements to primary medical services and provide a minimum level of staff facilities at Cressex Health Centre, the current provider needs to refurbish the ground floor of the main site at Hanover House, Coronation Road, High Wycombe. Access to capital grants in support of this work is dependent on there being a sub-lease in place. Agreement on a sub-lease is being impeded due to the holder of the head lease requiring the sub-lease term to match the term of the head lease, that is, November 2026. The establishment of a sub-lease has been an ongoing issue since the commencement of the contract,
— Cressex Health Centre is part of the Wycombe Locality which is considered by the CCG to be high risk in terms of resilience and sustainability within general practice. The recent end of a GMS contract at another practice has added further pressures on the locality. Therefore the CCG wishes to extend the Cressex Health Centre contract to avoid further disruption and increase resilience in the area.
The patient population at Cressex Health Centre has significant health needs which will be best met by continuity of care from the current provider, who has made considerable improvements in the quality of care and health outcomes since the start of the contract in July 2015,
— Prior to the award of the APMS contract for Cressex Health Centre to CV Health in July 2015, there were 2 GMS contract holders who resigned the contract, making 3 contract holders within 5 years. The CCG wishes to provide the patients at Cressex Health Centre with a period of stability following these rapid changes in provider. Although the contract is being novated from CV Health to Better Health Bucks in April 2019, this is a change in name with Directors, management and staff remaining the same.
An amendment of the contract term to allow extension to align with the existing head-lease will reduce cost and drive added benefit to registered patients by maintaining sustainability. The contract term will be amended to allow the contract to be extended to 30.11.2026.
The modification is applied under Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU) where all of the following conditions are fulfilled:
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(iii) any increase in price does not exceed 50 % of the value of the original contract or framework agreement. At the time of the original procurement the lease term was not known to the Commissioner, the modification seeks to align the contract with the existing lease contract by allowing extension up until 30.11.2026. The value of the modification does not exceed 50 % of the original value nor does the modification alter the overall nature of the contract.


Winner: Better Health Bucks