Supply of Assistive Technology Equipment for Daily Living Framework 2017

Contracts

• Contract 011480-2021-DN199814-1

  Signed

  26 Apr 2017

  Value

  £10,000,000

  Status

  active

  • Change The modification of contracts is governed under the Public Contracts Regulations 2015 at regulation 72 which permits certain types of modifications. The regulation considers the extent to which a contract may be modified before it should be considered so substantially changed as to necessitate a new procurement. Permissible grounds for modification include a need for additional services due to unforeseen circumstances (subject to 50% maximum increase in initial contract value). It also requires the consideration of the effect of cumulative variations. Therefore this needs to be considered in taking this decision. The provisions of Regulation 72 (1) (c) provide an exception "where all of the following conditions are fulfilled:- 72 (1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:- (c) where all of the following conditions are fulfilled:- (i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; (ii) the modification does not alter the overall nature of the contract; (iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement., Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: (i) The Covid-19 pandemic has resulted in an exceptional and unprecedented situation which was unforeseen by the council. Covid-19 has significantly impacted on the procurement process which should have already commenced and the inoperability of the market to undertake a competitive procurement exercise as a result of measures imposed by the UK Government to contain the spread of Covid-19 which has impacted on the lack of capacity in the market.(ii) The process has been delayed due to the restrictions of the pandemic particularly in regards to the market's ability to respond to tender opportunities and the difficulties in the face to face product sampling aspect of the evaluation process. This was unforeseeable hence the need to continue with the current suppliers. (iii) All of the providers who are on the framework agreement will be subject to modification. The modification does not alter the overall nature of the contract and therefore fulfils the condition of the regulation.