Framework for the supply of Neurology, Spine Surgery Goods and Services

Contracts

• Contract 091885-2026-SF051955-1

  Signed

  16 Jul 2021

  Value

  £435,000,000

  Status

  active

  • Change The initial length of the contract was 48 months. The first modification notice was published to extend this to 52 months. The second modification notice is to extend the contract to 56 months. The Third modification notice is to extend the contract to 60 months. The fourth modification notice is to extend the contract to 66 months. The value remains at £435000000. — Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: Description of the Economic or Technical Reasons and the Inconvenience or Duplication of Cost Preventing a Change of Contractor; as follows: This modification is made in reliance on Regulation 72(1)(e) (non substantial modification) and Regulation 72(1)(c) (modification due to unforeseen circumstances) of the Public Contracts Regulations 2015. The modification consists solely of a further extension of the existing framework agreement for a period of 6 months. The extension does not alter the overall nature of the framework, the scope of goods and/or services, the commercial structure, or the contractual terms and conditions applicable to suppliers. There is no material change to the economic balance of the framework in favour of suppliers, nor any expansion of scope or value beyond that originally established. The modification therefore constitutes a non substantial modification within the meaning of Regulation 72(1)(e). The further extension is required as a consequence of unforeseen operational and market circumstances which could not reasonably have been anticipated at the time the framework was originally established. In particular, the extension is necessary to ensure continuity and stability of supply while the renewal procurement for the framework is being completed. Without a further 6 month extension, contracting authorities would face a material risk of disruption to ongoing procurement activity and a lack of readily available compliant procurement routes during the transition to the renewed framework. A change of contractor, or the cessation of the framework without a further short extension, would result in significant inconvenience and duplication of cost. Contracting authorities would be required to implement alternative interim arrangements, increasing administrative burden and cost and potentially impacting service continuity. Suppliers would similarly incur avoidable costs and inefficiencies, with a risk of market distortion arising from fragmented or stop gap procurement activity. The further extension is therefore necessary and proportionate to ensure continuity, stability, and compliance for contracting authorities while the renewal framework is finalised and maintains supplier access to the market on unchanged terms and conditions. The extension is limited to 6 months, confers no new commercial advantage, introduces no new suppliers, and does not circumvent or distort competition. Accordingly, the modification is justified under Regulation 72(1)(e) and Regulation 72(1)(c) of the Public Contracts Regulations 2015 and has been published transparently by way of this modification notice.

Dispute resolution & review bodies

• Legal Department, HealthTrust Europe LLP (HTE) acting on behalf of Mid and South Essex NHS Foundation Trust (MSE)Review body Edgbaston, Birmingham