Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2020-06-15
Buyer: The Council of the Borough of Kirklees
Country: UK
Contract type: Services
Procedure: Open procedure
CPV classification: 75231200 | 85000000 | 85140000: Miscellaneous health services | 85141200: Services provided by nurses | 85141220

Technical requirements: Health and social work services. Services related to the detention or rehabilitation of criminals. Miscellaneous health services. Services provided by nurses. Advisory services provided by nurses. Residential nursing care services. Guidance and counselling services. Rehabilitation services. Vocational rehabilitation services. Community health services.
The contract commenced on the 1 April 2016 until 31 March 2019, with provision to extend for a further two x 12 month extensions until a maximum end date of 31 March 2021.
In accordance with Regulation 86 (Notices of decisions to award a contract or conclude a framework), Regulation 87 (Standstill periods) and Chapter 6 (Applications to Court) of the Public Contracts Regulations 2015 (SI 2015/102), the contracting authority will incorporate a minimum ten (10) calendar day standstill period at the point that information on the award of the contract is communicated to economic operators. This period allows any unsuccessful economic operator(s) to seek further debriefing from the contracting authority before the award of the contract to the successful economic operators. Such additional information should be requested from the address at sections I.1) and I.3) of this notice above. If an appeal regarding the award of the contract has not been successfully resolved, then the Public Contracts Regulations 2015 (SI 2015/102) 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 started within thirty (30) days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had arisen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than three (3) months after that date. Where the contract has not been awarded, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If however the contract has been awarded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the contract to be ineffective.
Health and social work services. Services related to the detention or rehabilitation of criminals. Miscellaneous health services. Services provided by nurses. Advisory services provided by nurses. Residential nursing care services. Guidance and counselling services. Rehabilitation services. Vocational rehabilitation services. Community health services.
An additional extension period has been varied into the contract, for a further period of up to 18 months.
The current contract expired 31 March 2019 with an option to extend for a further two x 12 month periods, and a maximum expiry date of 31 March 2021. The contract has already been extended up to this date.
The tender process for a new contract, to commence 1 April 2021, had already commenced when the Covid-19 pandemic occurred. At this time all tendering activity ceased immediately, as staffing resources within the contracting authority were redirected into alternative front line public health services. Additionally, the provider market has had to realign its resources away from tendering opportunities and into alternative service delivery methods and managing Covid-19 related issues around staffing, infection control and financial cashflow.
The contract extension has been agreed to allow for service continuity of the current contract and provide additional time to progress the delayed procurement activity. The tender process for the new contract will commence once businesses resume ‘normal’ activity and the contracting authority deems that a fair, open and transparent tender process is possible. It is likely that the tender process will re-commence in 2021 under the ‘Light Touch’ regime of Regulations 74 to 77 of the Public Contract Regulations 2015, using a process similar to the competitive procedure with negotiation. Due to the nature of the service being tendered and the fact that TUPE will apply, a 6 month mobilisation period will also be required within the procurement timescale.
The contract extension clause has been amended and now states that ‘the Authority may extend the contract beyond the expiry date by a further period or by successive periods, up to 30 September 2022’. This extension has been contractually agreed as contingency, to provide flexibility during these uncertain times. It is not considered by the contracting authority to be substantial in accordance with Regulation 72(8).
This modification has been brought about by the Covid-19 pandemic and the impact this has had on all businesses and the economy as a whole. The modification does not alter the nature of the actual service being delivered, but instead extends the expiry of the existing contract for a further 18 months. This allows for continuation of current service delivery and provides additional time for the delayed tender process for the new contract. The modification does not exceed 50 % of the value of the original contract. The modification is considered by the contracting authority to not be substantial and therefore to be within the exception set out in Regulation 72(1)(e).


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