Find a TenderAwarded without competition
Published 31 Jan 2022, 16:09 GMT

Official UK procurement notice

GP Services (GMS) for The Birchwood Surgery, Letchworth, Hertfordshire

Official notice

Authority: NHS East and North Hertfordshire Clinical Commissioning Group (acting for NHS England/Improvement under delegated powers) (NHS & healthcare)

ServicesAward procedure without prior publication of a call for competition
Awarded value£4,850,000published contract · exc. VAT
Awarded 20 Jan 2022no call for competition
Awarded to 12 Point Care Limited

What is being bought

Published requirement description

NHS East and North Hertfordshire CCG’s (the CCG) predecessor Primary Care Trust awarded a contract for primary GP services (GMS) for The Birchwood Surgery, Letchworth (the Contract). The Contract was awarded to the Partnership of Birchwood Surgery as comprised from time to time (Partnership) commencing 27 February 2004. Birchwood Surgery is a member of 12 Point Care Limited, a federation of GP Practices (Federation). The current partners are no longer willing to continue as contract holders and have agreed with directors of the Federation that the directors will become partners to provide senior management support and permit the existing partners to step down and continue as salaried GPs or retire. The CCG and Partnership then intend to novate the Contract to the Federation. The CCG considers that the novation of the Contract is permitted without needing a new procurement in accordance with Reg 72(1)(d) Public Contracts Regulations 2015 for the reasons set out in this notice.

CPV: General-practitioner services · Health and social work services

The lotProcurement structure

single lot · no lot value published
Lot #1NHS East and North Hertfordshire CCG’s (‘the CCG’) predecessor Primary Care Trust…

NHS East and North Hertfordshire CCG’s (‘the CCG’) predecessor Primary Care Trust awarded a contract for primary GP services (GMS) and other primary medical services for The Birchwood Surgery, Letchworth, Hertfordshire (‘the Contract’). The Contract was awarded to the Partnership of Birchwood Surgery as comprised from time to time (‘Partnership’) and commenced on 27 February 2004. Birchwood Surgery is a member of 12 Point Care Limited, a federation of GP Practices (‘Federation’).

The current partners have advised the Commissioners that they are no longer willing to continue as contract holders and have issued a letter of intention to resign the Contract. In order to maintain continuity of the care currently being delivered to patients registered at The Birchwood Surgery, the Contract will be novated to the Federation. The Commissioners consider that the novation of the Contract to the Federation is permitted without needing a new procurement in accordance with Regulation 72(1)(d) of the Public Contracts Regulations 2015 for the reasons set out in this notice.

NHS England/Improvement is the relevant counterparty to the Contract however the CCG possesses decision-making authority regarding the modification of the Contract pursuant to delegated arrangements and is able to agree to the novation on NHS England/Improvement’s behalf

Delivery: East of England · Hoddesdon

Procedure terms & legal framework

From the official record · publisher note attached
Procedure method
Award procedure without prior publication of a call for competition
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Services
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Direct award (no call for competition)
GPA / WTO covered
Unspecified in notice
Recurring procurement
Unspecified in notice
First published
31 Jan 2022, 16:09 GMT
Last source update
31 Jan 2022, 16:09 GMT
Authority reference
VEAT 310122
FTS notice number
2022/S 000-002710
Classification (CPV)
General-practitioner servicesHealth and social work services
Delivery area
East of England (UKH23)
Official registry OCID
ocds-h6vhtk-031130 Find a Tender
Why no open competition
The procurement falls outside the scope of application of the directive
Published justification

The variations to the Contract described above are permitted without needing a new procurement procedure in accordance with Regulation 72(1)(d)(ii) (replacement of contractor) of the Public Contract Regulations 2015 insofar as this Regulation is relevant to contracts that fall within Chapter 3, Section 7 of the PCR (contracts for social and other specific services).

The proposed novation of the Contract to the Federation is permitted under 72(1)(d)(ii) as it would amount to a universal succession by the Federation into the position of the initial contractor (the Partnership) following a takeover by the Federation of all the Partnership’s business activities. The Partnership’s sole activity is to deliver the Contract and therefore, by taking over the Contract, there is a takeover by the Federation of the entirety of the business activities of the Partnership. Further, the Birchwood Surgery is already a member of the Federation and at the point of the novation the partners will comprise only the same individuals who are the directors of the Federation so there will be no change in the guiding minds behind the Birchwood Surgery following the novation.

Publisher note: Whilst section V.2.1 of this notice refers to a contract award decision, the CCG is not in fact awarding a new contract, but is making an amendment to an existing one.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £4,850,0001 contract exc. VAT
Contracts signed 1latest 20 Jan 2022
Awarded toValueDateStatus
12 Point Care LimitedSME£4,850,000 †—Awarded

Contracts

Contracting authority & participating public bodies

NHS East and North Hertfordshire Clinical Commissioning Group (acting for NHS England/Improvement under delegated powers)

Contracting authorityNHS & healthcareBody governed by public lawHealth Charter House, Parkway, Welwyn Garden City, Hertfordshire, East of England, AL8 6JLContact name, email

Dispute resolution & review bodies

  • The High Court of England and WalesReview body London

Bidders & participating suppliers

1 commercial party on the notice
  • 12Point Care LimitedAwarded supplier09214266 Kingston Smith LLP, Orbital House 20, Eastern Road, Romford, UK, RM1 3PJ

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.