Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2019-10-30
Buyer: NHS Midlands and Lancashire CSU
Country: UK
Contract type: Services
Procedure: Negotiated without a prior call for competition
CPV classification: 85100000: Health services
Estimated value: 49988000 GBP

Technical requirements: This notice aims at providing voluntary prior transparency as referred to in Article 2d(4) of Directives 89/665/EEC and 92/13/EEC on Remedies, and Article 60(4) of Directive 2009/81/EC (information on the award of the contract without prior publication of a contract notice in the Official Journal of the European Union).
This is a voluntary ex-ante transparency notice for the purpose of transparency and is not a call for competition.
NHS Herefordshire Clinical Commissioning Group wish to secure all-age mental health and learning disabilities services in Herefordshire County, aligned to provision in Worcestershire to reduce unwarranted variation across the 2 areas.
The scope of the service being procured is the provision of community mental health and learning disabilities and acute mental health services for the county of Herefordshire. This is to supply assessment and treatment for people of all ages requiring mental health support.
The purpose of this notice is to advise the market of NHS Herefordshire CCG’s intent, in the interests of transparency, to work with incumbent providers within the Herefordshire and Worcestershire sustainability and transformation partnership (STP) to create a greater alignment with the STP.
The aim within this period is to redefine the provision of mental health and learning disabilities services, addressing gaps in provision and sustainability of provision. Providers are advised of NHS Herefordshire CCG's intent to work with Worcestershire Health and Care NHS Trust, without a call for competition, during this period.
Following a strategic review by 2gether NHS Foundation Trust, it was decided the provision of services in Herefordshire does not align with its core functions and so will cease to provide the service from 31.3.2020.
There are currently 2 different commissioning arrangements and service models for mental health and learning disabilities health services across Herefordshire and Worcestershire. Having different models of provision contributes to inequalities and inefficiencies in the provision of community and acute care — exacerbating the gaps in provision for patients in Herefordshire.
1) This supports the move towards a new model of integrated care services for the Herefordshire and Worcestershire STP. Models of integration are emerging and being tested at locality level. This approach will support local service development in line with the 5 year forward view, without compromising future commissioning arrangements for wider models of integration. We are currently not in a position to procure a system wide model of care and have established an STP-wide mental health board to develop a future commissioning model. The intention, therefore, is to commission a new STP-wide commissioning model from April 2022, therefore, a formal open procurement process may be considered for commencement at that time;
2) This allows NHS Herefordshire CCG to develop a future commissioning model as part of the transformation of primary and community mental health services across both Worcestershire and Herefordshire over the next 18 months. This is best done through incumbent providers as to conduct a procurement process during this time period would not be deemed practical nor technically feasible during a period of service transformation and integration of mental health and learning disabilities services in the STP;
3) Our proposal is to incorporate the Herefordshire provision into a fully integrated mental health and learning disabilities service in the STP by the award of this contract to Worcestershire Health and Care Trust by use of a waiver under Regulation 32 (2)(b)(ii) of Public Contract Regulations 2015 and the provisions of the NHS Regulations 2013 with its focus on integration, avoidance of cost duplication and serving the needs of patients.
Providers are advised of NHS Herefordshire CCG's intent to work with Worcestershire Health and Care NHS Trust without a call for competition via this transparency notice. Following publication of this notice on 28.10.2019, there will be a 10-day standstill period, concluding on 11.11.2019. Following satisfactory conclusion of the standstill period, NHS Herefordshire CCGs will enter into a contract with Worcestershire Health and Care NHS Trust for 2 years.
1) This supports the move towards a new model of integrated care services for the Herefordshire and Worcestershire STP. Models of integration are emerging and being tested at locality level. This approach will support local service development in line with the 5 year forward view, without compromising future commissioning arrangements for wider models of integration. NHS Herefordshire CCG is currently not in a position to procure a system wide model of care and have established an STP-wide mental health board to develop a future commissioning model. The intention, therefore, is to commission a new STP-wide commissioning model from April 2022, therefore, a formal open procurement process may be considered for commencement at that time;
2) This allows NHS Herefordshire CCG to develop a future commissioning model as part of the transformation of primary and community mental health services across both Worcestershire and Herefordshire over the next 18 months. This is best done through incumbent providers as to conduct a procurement process during this time period would not be deemed practical, nor technically feasible during a period of service transformation and integration of mental health and learning disabilities services in the STP;
3) NHS Herefordshire CCG's proposal is to incorporate the Herefordshire provision into a fully integrated mental health and learning disabilities service in the STP by the award of this contract to Worcestershire Health and Care Trust by use of a waiver under Regulation 32 (2)(b)(ii) of Public Contract Regulations 2015 (as stated above) and the provisions of the NHS Regulations 2013 with its focus on integration, avoidance of cost duplication and serving the needs of patients. The services can be provided only by a particular economic operator due to absence of competition of technical reasons, these being the move to develop a future commissioning model as part of the transformation of primary and community mental health services across both Worcestershire and Herefordshire over the next 18 months.


Winner: The Worcestershire Health and Care NHS Trust
Award value: 49988000