Home First, Discharge to Assess & Recovery Beds

It was therefore not possible to award a contract in these circumstances. In particular it has been noted that the problems with all the bids were such that they:

o materially breached the procedural requirements set out in the tender notice and associated tender documents (in relation to that, officers noted that the Procurement Act S43 provides that a breach is material if it is considered that ignoring it would put the tender at an unfair advantage; and were of the view that ignoring the breaches would indeed put the relevant tender at an unfair advantage); and

o did not satisfy the requirements and award criteria when assessed by reference to the assessment methodology and the relative importance of the criteria set out in the tender process.

As the Council has carried out a competitive tendering procedure and received no suitable tenders in response to that tender process, it is permitted to award a contract directly to a supplier (that is not an excluded supplier) pursuant to section 43 of the Act where it considers that an award following a competitive tendering procedure is not possible.

Given that no compliant bids were received in response to the Tender Notice, the Council is satisfied that an award following a competitive tendering procedure under section 19 is not possible in the circumstances and the Council now intends to award a contract directly to Eleanor Nursing and Social Care Limited.

The council has carried out checks to ensure the chosen supplier is not an excluded supplier within the meaning of the Act.

As part of its decision to make a direct award under section 43, the possibility of carrying out a further tendering procedure has been considered. The Council is satisfied that time constraints would make it highly challenging to maintain the continuity of service if the Council retendered and there is also a high probability of attracting an identical outcome with no suitable tenders which would leave the Council with no operator when the current contract expires.

Due to the urgency, it was decided to engage a small number of providers on a proportionate basis to test value for money, delivery approach, and flexibility, without running a full procurement. Selection was based on relevant experience, capability, ability to mobilise quickly and partnership working. Length of contract is for 3 years at the same annual value as per the competitive tender. That approach was followed due to importance of the service, the wider system pressures, time constraints to establish a new service considering the property / site implications, and ensuring there are no breaks in this essential service provision.

Four providers were engaged part of this process and a provider was selected following this selection.