Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
NHS Midlands and Lancashire CSU
Heron House, 120 Grove Road
Stoke-on-Trent
ST4 4LX
UK
Contact person: Mrs Lyle Lloyd (MCIPS) Senior Procurement Officer
E-mail: lyle.lloyd@nhs.net
NUTS: UKG1
Internet address(es)
Main address: https://mlcsu.bravosolution.co.uk
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Health
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Contract Modification (under PCR 2015 Regulation 72) to the Non-Emergency Patient Transportation Service (NEPTS) for NHS Herefordshire & Worcestershire CCG and Associated Commissioners
II.1.2) Main CPV code
85100000
II.1.3) Type of contract
Services
II.1.4) Short description
In August 2019, NHS Herefordshire and Worcestershire Clinical Commissioning Group and Associated Commissioners awarded a contract for a Non-Emergency Patient Transportation Service (NEPTS) following a formal OJEU open procurement procedure. For reference, the OJEU document number for the contract notice (published on 5 April 2019) is 2019/S 068-159843; and the OJEU document number for the contract award notice (published on 13 September 2019) is 2019/S 177-431649. The contract duration is five (5) years, with the option to extend for a further two (2) years, subject to agreement; the contract start date was 1 April 2020; and the total contract value was GBP 24 942 410.00 for the initial 5-year contract period. Further to contract commencement on 1 April 2020, the above named commissioning body has become aware of additional activity not included in the formal competitive tender exercise, therefore, a contract variation (i.e., contract modification) has been made.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
875 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
34114122
60130000
II.2.3) Place of performance
NUTS code:
UKG1
Main site or place of performance:
The counties of Herefordshire and Worcestershire, and central areas of Powys.
II.2.4) Description of the procurement
It has come to the attention of the above named commissioning body that activity relating to the transportation of a cohort of end of life patients was not included in a formal competitive tender exercise for the Herefordshire and Worcestershire NEPTS (OJEU Document Numbers 2019/S 068-159843 and 2019/S 177-431649), therefore, has not been subsequently included in the new Herefordshire and Worcestershire NEPTS contract. Prior to publication of the Herefordshire and Worcestershire NEPTS tender documentation and NEPTS service specification in 2019, the commissioning body had conducted exercises to identify activity within the remit of the service, however, the commissioning body was not made aware that this activity was within the scope of the Herefordshire and Worcestershire NEPTS. The commissioning body is now in the position of needing to urgently commission a High Dependency Unit (HDU) crew to cover this gap in service provision for this cohort of End of Life patients. In order to minimise risks to patient care, the commissioning body is modifying the existing NEPTS contract in alignment with specific provisions under Regulation 72 (1) (c) of the Public Contract Regulations 2015. It should be noted that the modification will not materially change the essence of the contract, and it will fall below 10 % of the current total contract value. The estimated cost of the NHS Herefordshire and Worcestershire Clinical Commissioning Group NEPTS contract modification is circa £875,000 over the 5-year contract duration (circa GBP 174 720 per annum). (N.B.: the original total contract value over the 5-year contract duration is GBP 24 942 410.) The modified activity equates to an estimated 16 additional patient journeys per week, and this figure may be adjusted as the contract is already 6-months into its term.
II.2.5) Award criteria
Price
II.2.11) Information about options
Options:
No
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.1) Description
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
This Notice is to advise of a contract modification and, therefore, is not for the award of a contract without prior publication, however, due to the value of the contract modification being above OJEU Procurement Threshold for 2020/2021 for services (i.e., above GBP 663 540) this notice is published to satisfy The Public Contract Regulations (PCR) 2015 guidance.
The above named commissioning body has made the formal decision to modify its current contract for a non-emergency patient transportation services to include high dependency unit crews for a cohort of end of life patients in the best interest of patents; the additional requirement that has led to the modification was unforeseen by the commissioning body and any lack of service provision would be highly likely to pose a significant risk to the quality of care for the cohort of end of life patients.
Regulation 72 (1c(iii)) under The Public Contracts Regulations provides a general justification for the proposed modification, this being that the alteration value is under the threshold of 50 % of the total value of the service contract, and it does not change the ‘overall nature’ of contract. The estimated cost of the NHS Herefordshire and Worcestershire Clinical Commissioning Group NEPTS contract modification is circa GBP 875 000 over the 5-year contract duration (circa GBP 174 720 per annum). (N.B.: the original total contract value over the 5-year contract duration is GBP 24 942 410.) The modified activity equates to an estimated 16 additional patient journeys per week.
Under The Public Contract Regulations 2015 Regulation 72 (1) (c) 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) the increase in price does not exceed 50 % of the value of the original contract.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2019/S 117-431649
Section V: Award of contract
Title: Contract Modification to NHS Herefordshire and Worcestershire Non-Emergency Transportation Services
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
14/02/2021
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
E-Zec Medical Services Ltd
4088225
Terminal Building, Redhill Aerodrome, Surrey
Redhill
RH1 5YP
UK
NUTS: UKJ2
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 875 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
NHS Herefordshire & Worcestershire CCG
The Coach House, John Comyn Drive, Perdiswell Worcester
Worcester
WR3 7NS
UK
Telephone: +44 1905681999
Internet address(es)
URL: https://herefordshireandworcestershireccg.nhs.uk/
VI.5) Date of dispatch of this notice
24/02/2021