Public procurement notice: Contract Award Notice
Published: 2016-04-08
Buyer: NHS England (North) Yorkshire and the Humber
Country: UK
Region: YORKSHIRE AND THE HUMBER
Contract type: Services
Procedure: Open procedure
CPV classification: 85000000 | 85121100: General practitioner services
Estimated value: 3529440 GBP
Award criteria: Quality, Finance, Presentation

Technical requirements: Quality
Finance
Presentation
North of England Commissioning Support (NECS) is managing this procurement process for and on behalf of NHS England (North) Yorkshire and the Humber (Y&H) and Leeds North Clinical Commissioning Group (LNCCG)(the Contracting Authorities).
The Contracting Authorities have commissioned a Registered General Practitioner (GP) Service and a Walk-in Service from pre-determined premises (Burmantofts Health Centre, Leeds).
The basic principles of the Open Procurement route was followed for this procurement to test the capacity, capability, and technical competence of tenderers in accordance with The Public Contracts Regulations 2006 (as amended). Regulation 120 of the Public Contracts Regulations 2015 provides for a temporary exemption and saving for certain NHS procurements. Regulation 120 provides that nothing in the Public Contracts Regulations 2015 affects any contract award procedure that relates to the procurement of health care services for the purposes of the NHS within the meaning and scope of the National Health Service (Procurement, Patient Choice and Competition) (No 2) Regulations 2013(b), that is commenced before 18.4.2016 and any subsequent contract awarded as a result of such a procedure. The current Part B regime of the Public Contracts Regulations 2006 (as amended) and NHS (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013(b) will continue to apply to the commissioning of these services until 18.4.2016.
The aim of this procurement process was to appoint a provider to operate both aspects of the services a Registered GP Service and Walk-in Service (contracted by the respective responsible Contracting Authorities Y&H and LNCCG) from 01 May 2016.
The Registered GP Service will be for an initial period of 3 years plus the option to extend the contract for a further 1 x 24 month period at the discretion of Y&H and subject to satisfactory contractual and financial performance under the NHS APMS 2015/16 Contract. The Walk-in Service will be for an initial contract term of 2 years plus the option to extend the contract for a further 1 x 12 month period at the discretion of LNCCG and subject to satisfactory contractual and financial performance under the NHS Standard Contract 2015/16.
Potential tenderers were to note: That it was anticipated that the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE) may apply to these contracts. Potential tenderers were advised to form their own view on whether TUPE applies, obtaining their own legal advice and carrying out due diligence.
(a) How what is proposed to be procured might improve the economic, social and environmental well-being of the area where they exercise their functions; and
(b) How, in conducting the process of procurement, they might act with a view to securing that improvement.
Accordingly, the subject matter of the contracts had been scoped to take into account the priorities of the Contracting Authorities relating to "economic, social, and environmental well-being".
NECS used an electronic tendering system (In-Tend) to manage this procurement and communicate with potential tenderers. Accordingly, there was no hard copy documents issued and all communications between potential tenderers and NECS, including tender submissions, were conducted via the In-Tend portal.
The Contracting Authorities acted in accordance with Regulation 32 and Part 9 of the Public Contract Regulations 2006 (SI 2006 no 5) as amended by the Public Contract (Amendment) Regulations 2009 (SI 2009 no 2992).Part 9 of these Regulations provides for appeals to be made to the High Court subject to the time limitations and other required procedural steps. The rules relating to appeal are complex and a dissatisfied tenderer was advised to take their own prompt legal advice.


Winner: NHS England Yorkshire and the Humber
Number of bids: 4