Specialist Medical Advisory Services

The value of this contract and modification is above the UK threshold therefore the Public Contracts Regulations 2015 (as amended) apply. The Regulations permit the modification of a contract where the changes proposed meet one or more of the prescribed tests as set out in Regulation 72. Having considered the information provided there would appear to be convincing reasons to modify this contract in accordance with Regulation 72(1)(b) for additional works, services or supplies that “have become necessary” and were not included in the initial procurement and a change of supplier would not be practicable (for economic, technical or interoperability reasons) and would involve substantial inconvenience/duplication of costs - provided the change does not exceed 50% of the value of the original contract. With respect to Regulation 72(1)(b) it should be noted that more than one such change (previous modifications documented) can be made during the life of the contract even if, in total, the value is more than 50% of the original contract value, however, the successive changes must not be made in order to circumvent the regulations. This short modification period of 6 months is not to circumvent the Regulations but required to ensure that the Department can meet statutory obligations and carry out essential public services whilst a new tender competition is expedited. An interim contract would not be possible given potential TUPE application and no economic incentive to take on a short term contract and associated liabilities. The new tender has been delayed for a number of factors which are now approaching resolution and will allow the specification of services to be finalised and issued to open competition.