Bath and North East Somerset Council

Guildhall, High Street

Bath

BA1 5AW

UK

Contact person: Mrs Cheryl Hansford

Telephone: +44 1225477273

E-mail: cheryl_hansford@bathnes.gov.uk

NUTS: UKK12

Internet address(es)

Main address: http://www.bathnes.gov.uk

Address of the buyer profile: http://www.bathnes.gov.uk

II.1.1) Title

Reference number: DN676589

II.1.2) Main CPV code

80000000

II.1.3) Type of contract

Services

II.1.4) Short description

Alternative EducationAlternative Provision (for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education) is commissioned by the Council in order to fulfil a duty of the 1996 Education Act.

The contract is to provide education and support placements to a minimum of 28 (full time equivalent) pupils and have the flexibility to increase, where required, to 36 pupils at any one time. The pupils of secondary school age. The delivery of the contract offers in-reach placements some of whom will be on planned, preventative placements alongside other placements to fulfil our statutory obligation for permanently excluded pupils. Where capacity allows, the service will also offer preventative outreach support into the school to support pupils at risk of exclusion/suspension via direct support with the pupils alongside consultancy and support to mainstream teaching staff.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Lowest offer: 1 428 000.00  GBP/ Highest offer: 1 428 000.00  GBP

IV.1.1) Type of procedure

Award of a contract without prior publication of a call for competition

Justification for selected award procedure:

Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the Directive

Explanation

In early 2022 the existing provider had an inadequate and requires special measures Ofsted judgement. In April 2022 the Regional Schools Commissioner (now the Regional Director) issued a Termination Warning Notice. Until May 2023 it was not clear when termination would take place or what would happen thereafter with the provision. In May the funding arrangement was terminated by the Regional Director and arrangements are being made to transfer academies to alternative Academy Trusts.

It was not possible to proceed with recommissioning before May 2023 as it was not clear what would happen to the existing provision and it is not now possible to run a tendering process for contracts to start in Sept 2023. Furthermore the LA has submitted an AP Free School application which is progressing. This will dictate the nature of AP in the future.

The Council has a statutory duty to ensure this provision is available and therefore a direct award to the Academy Trust identified by the Regional Director to take on this provision from the current provider is necessary in order to ensure stability of provision in the meantime.

The Council relies on Regulation 32 (2) (c) for this award, as they have been unable to commence recommissioning and conduct a competitive tender exercise due to unforeseeable events.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S:

2023/S 000-018752

Midsomer Norton Schools Partnership

Midsomer Norton

BA3 2UD

UK

NUTS: UKK12

The contractor is an SME: No

VI.4.1) Review body