Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
The Council of the Borough of Kirklees
Civic Centre 1, High Street, West Yorkshire
Huddersfield
HD1 2NF
UK
Contact person: Mohammed Sidat
Telephone: +44 1484221000
E-mail: publichealthcommissioning@kirklees.gov.uk
NUTS: UKE44
Internet address(es)
Main address: http://www.kirklees.gov.uk
Address of the buyer profile: https://www.yortender.co.uk
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
KMCPH-011 — Kirklees Integrated Sexual Health Service
Reference number: KMCPH-011
II.1.2) Main CPV code
85100000
II.1.3) Type of contract
Services
II.2) Description
II.2.1) Title
Kirklees Integrated Sexual Health Service
II.2.2) Additional CPV code(s)
85140000
II.2.3) Place of performance
NUTS code:
UKE44
Main site or place of performance:
The Borough of Kirklees.
II.2.4) Description of the procurement
Contract for a comprehensive, open access sexual health service for the district which brings together contraception and sexually transmitted infection (‘STI’) services into an integrated model which places equal emphasis on prevention and on high-quality clinical services.
The contract commenced on the 1 April 2016 with an expiry date of 31 March 2021.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start:
01/04/2016
End:
31/03/2021
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2015/S 250-458666
Section V: Award of contract/concession
Contract No: KMCPH-011
Title: Kirklees Integrated Sexual Health Service
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
17/12/2015
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor/concessionaire
Locala Community Partnerships C.I.C.
Beckside Court, First Floor, Bradford Road
Batley
WF17 5PW
UK
NUTS: UKE44
The contractor/concessionaire is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 17 530 000.00
GBP
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales
N/A
UK
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
In accordance with Regulation 86 (Notices of decisions to award a contract or conclude a framework), Regulation 87 (Standstill periods) and Chapter 6 (Applications to Court) of the Public Contracts Regulations 2015 (SI 2015/102), the contracting authority will incorporate a minimum ten (10) calendar day standstill period at the point that information on the award of the contract is communicated to economic operators. This period allows any unsuccessful economic operator(s) to seek further debriefing from the contracting authority before the award of the contract to the successful economic operators. Such additional information should be requested from the address at sections I.1) and I.3) of this notice above. If an appeal regarding the award of the contract has not been successfully resolved, then the Public Contracts Regulations 2015 (SI 2015/102) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be started within thirty (30) days beginning with the date when the aggrieved party first knew or sought to have grounds for starting the proceedings had arisen. The Court may extend the time limited for starting proceedings where the Court considers that there is a good reason for doing so, but not so as to permit proceedings to be started more than three (3) months after that date. Where the contract has not been awarded, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If however the contract has been awarded, the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the contract to be ineffective.
VI.5) Date of dispatch of this notice
28/07/2020
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
85100000
VII.1.2) Additional CPV code(s)
85140000
VII.1.3) Place of performance
NUTS code:
UKE44
Main site or place of performance:
The Borough of Kirklees.
VII.1.4) Description of the procurement
Contract for a comprehensive, open access sexual health service for the district which brings together contraception and sexually transmitted infection (‘STI’) services into an integrated model which places equal emphasis on prevention and on high-quality clinical services.
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start:
01/04/2016
End:
30/09/2022
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 17 530 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
No
VII.1.7) Name and address of the contractor/concessionaire
Locala Community Partnerships C.I.C.
Beckside Court, First Floor, Bradford Road
Batley
WF17 5PW
UK
NUTS: UKE44
The contractor/concessionaire is an SME:
No
VII.2) Information about modifications
VII.2.1) Description of the modifications
An additional extension period has been varied into the contract, for a further period of up to 18 months.
The current contract is due to expire on 31 March 2021.
The tender process for a new Contract, to commence 1 April 2021, had already commenced when the Covid-19 pandemic occurred. At this time all tendering activity ceased immediately, as staffing resources within the contracting authority were redirected into alternative front line public health services. Additionally, the provider market has had to realign its resources away from tendering opportunities and into alternative service delivery methods and managing Covid-19 related issues around staffing, infection control and financial cashflow.
The contract extension has been agreed to allow for service continuity of the current contract and provide additional time to progress the delayed procurement activity. The tender process for the new Contract will commence once businesses resume ‘normal’ activity and the contracting authority deems that a fair, open and transparent tender process is possible. It is likely that the tender process will re-commence in 2021 under the ‘Light Touch’ regime of Regulations 74 to 77 of the Public Contract Regulations 2015, using a process similar to the competitive procedure with negotiation. Due to the nature of the service being tendered and the fact that TUPE will apply, a 6-month mobilisation period will also be required within the procurement timescale.
The contract extension clause has been amended and now states that ‘the Authority may extend the contract period by a further period, or for successive periods, up to 30 September 2022’. This extension has been contractually agreed as contingency, to provide flexibility during these uncertain times. It is not considered by the contracting authority to be substantial in accordance with Regulation 72(8).
VII.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
This modification has been brought about by the Covid-19 pandemic and the impact this has had on all businesses and the economy as a whole. The modification does not alter the nature of the actual service being delivered, but instead extends the expiry of the existing contract for a further 18 months. This allows for continuation of current service delivery and provides additional time for the delayed tender process for the new contract. The modification does not exceed 50 % of the value of the original contract. The modification is considered by the contracting authority to not be substantial and therefore to be within the exception set out in Regulation 72(1)(e).
VII.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 17 530 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 22 789 000.00 Currency: GBP