Public Health Healthy Child Programme - 0-19 Public Health Nursing

CPV: Community health services

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

9 Dec 2022, 11:21 GMT

Last source update

9 Dec 2022, 11:21 GMT

Authority reference

TD1957

FTS notice number

2022/S 000-034902

Classification (CPV)

Community health services

Delivery area

East Midlands (UKF11)

Official registry OCID

ocds-h6vhtk-038c2c Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons; Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive; New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive

Published justification

Negotiated without a prior call for competition

• The works, supplies or services can be provided only by a particular economic operator for the following reason:

o Cost of change is prohibitive for new providers

• Extreme urgency brought about by events unforeseeable for the contracting authority
• New works/services, constituting a repetition of existing works/services

Explanation:

We are awarding the contract without prior publication under paragraphs 2(b)(ii), 2(c) and 9 of Article 32 of Directive2014/24/EU.

The technical reason (2(b)(ii)) is that there will be significant cost and inconvenience to the Authority and economic operators associated with tendering for the following reasons:

• The current economic operator is well established within the city - there are considerable economies of scale and service provision is embedded within schools, housing centres, primary and secondary health services, the local authority and the integrated care system. It would be unfeasible to re tender and/or disaggregate contract elements - cost would be too great.
• The service requires, multiple premises within Derby to operate from, that include specialised clinical rooms and have sufficient capacity to allow for 1:1 counselling sessions and group activities simultaneously
• These premises must also include staff offices and secure reception areas
• Clinical equipment, office equipment, security equipment, clinical supplies already in the community at contract handover will need to be replaced and this will occur again at the end of the contract period, causing inconvenience to service users and additional cost for the Council and economic operators
• The current economic operator holds personal and sensitive data on service users which will need to be transferred to a new economic operator and transferred again at the end of the contract, increasing the risk of loss or breach of data
• Under TUPE legislation the current economic operator's staff are entitled to transfer to the new economic operator

Cost of change is therefore prohibitive for new providers.

The urgency(2(c)) has been brought about as a result of:

• Delays in establishing the Provider Selection Regime (PSR) after the establishment of Integrated Care Boards - all stakeholders expected PSR to have been established mid 2022 therefore not expecting a tender

This service is a statutory requirement of the council therefore service provision must be maintained, a new contract can be put in place - a gap in service provision would break the law

The service provider forms part of the local integrated care system and thereby being part of the local health economy that needs stability after the recent turmoil of the pandemic, changes to legislation and the economic crisis. Therefore direct award also prevents further instability in the market.

Publisher note: The Council will observe a 10 day standstill period from the publication of this notice

• Derbyshire Healthcare NHS Foundation TrustAwarded supplier Trust Headquarters, Kingsway Hospital,, Derby, Derbyshire, East Midlands, DE22 3LZ

No document links were published on the notice.