VOLUNTARY EX ANTE TRANSPARENCY NOTICE

Section I: Contracting Authority/Entity

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

NHS North West Surrey CCG

NHS Surrey Downs CCG

NHS East Surrey CCG

NHS Guildford and Waverley CCG

NHS Horsham and Mid Sussex CCG

NHS High Weald and Lewes Havens CCG

NHS Hastings and Rother CCG

NHS Eastbourne, Hailsham and Seaford CCG

NHS Crawley CCG

NHS Brighton and Hove CCG

NHS Coastal West Sussex CCG

NHS West Kent CCG

NHS Medway CCG

NHS Dartford, Gravesham and Swanley CCG

NHS Surrey Heath CCG

NHS North Hampshire and Farnham CCG

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

Extension of the NHS 111 service provided to the named Commissioners.

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

Various locations in Kent, Surrey and Sussex.

II.1.3)

This notice involves a framework agreement

II.1.4)

Short description of the contract or purchase(s)

The current NHS 111 contract in use by the named Commissioners was awarded in 2012 and went live in 2013 for an initial three years, expiring on 18 March 2016. As allowed for in the formal tender documentation, an extension of two years to the contract was exercised, and the contract is now scheduled to expire on 1.4.2018. By this VEAT Notice the Commissioners advise that it is their intention to extend the contract for a further 12 months to 31.3.2019.

The Commissioners have fully considered the options open to them with regard to the continued safe and secure provision of this vital service to patients and users. The situation is impacted by the requirements imposed on the Commissioners by the Commissioning Standards issued in September 2015 and the next steps NHS Five Year Forward View in March 2017. The Commissioners are required to plan and design an Integrated Urgent Care (IUC) service and align a number of contracts and services. There are a number of essential clinical developments which are required within the 5 Year Forward View, which will build on the positive practice within the existing service and should result in an improved experience for patients and users. To build all of these improvements into a new design and procurement before April 2018 is viewed as a high risk, and therefore the Commissioners believe it is entirely appropriate to aim for 1.4.2019 as the date by which alignment and implementation of all services and contracts will have be completed.

The Commissioners believe that to commence a procurement process at this stage that seeks to appoint a provider to mobilise and implement a service from April 2018, whilst in parallel working with the incumbent provider and (potentially) a new provider to develop the service to the required technological standard within this timescale, could introduce a level of risk to patients and users that is unsustainable. Similarly, to delay development work until a provider is in place under a new contract would not offer the optimum assurance or assist the delivery of service integration and improvement.

The Commissioners recognise and acknowledge that there are potential providers who will be interested in bidding to provide the service, and wish to confirm that no organisation capable of providing the service will be prevented from participating in a formal tender process. It is expected that this process will start in 2017.

Additionally, the Commissioners understand that working to develop the clinical aspects of the service in line with national requirements with the incumbent provider may give rise to concern that a significant advantage may be conferred on the incumbent provider at the tender stage. Therefore, the Commissioners will, in the interests of transparency and fairness, undertake to share the outcomes of the development work with interested parties.

The Commissioners intend to publish an OJEU Prior Information Notice and a Future Opportunity Notice on Contracts Finder during 2017.

Prior to this an invitation is offered to all interested parties who would like to meet the Commissioners to discuss and provide feedback on the processes described in this VEAT for the re–procurement of the service. Any interested organisation should email Kerri-Anne Chappell (the nominated Commissioner Contact point — see Section I.1) to register their interest in attending this proposed meeting, and provide their contact details. Any organisations registering interest will be contacted in due course regarding potential dates and logistics.

II.1.5)

Common Procurement Vocabulary (CPV)

II.1.6)

Contract covered by the government procurement agreement (GPA)

II.2)

Total final value of the contract(s)

II.2.1)

Total final value of the contract(s)

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

IV.2)

Award criteria

IV.2.1)

Award criteria

IV.2.2)

An electronic auction has been used

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

IV.3.2)

Previous publication(s) concerning the same contract

Other previous publications

Section V: Award of contract

Contract No:

 Lot Number: 

 Title: 

V.1)

Date of contract award decision:

V.2)

Numbers of offers received:

V.3)

Name and address of economic operator to whom the contract has been awarded

V.4)

Information on value of contract

V.5)

The contract is likely to be subcontracted

Short description of the value/proportion of the contract to be subcontracted

Section VI: Complementary Information

VI.1)

Contract related to a project and/or programme financed by community funds?

VI.2)

Additional Information

IV.3.2) Previous publication(s) concerning the same contract

yes

Notice on qualification system

Notice number in the OJEU: 2012/S 220-361884 of 15.11.2012

Notice number in the OJEU: 2012/S 220-361884 of 9.11.2012

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.3.2)

Lodging of appeals

VI.3.3)

Service from which information about the lodging of appeals may be obtained

VI.4)

Dispatch date of this Notice

Annex D1 – General procurement

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2004/18/EC

a) No tenders or no appropriate tenders in response to:

	Open procedure
	Restricted procedure

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

	Technical
	Artistic
	Connected with the protection of exclusive rights

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

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g)Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

	from a supplier which is definitely winding up its business activities
	from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU:

k) The contract has as its object services listed in Annex B of Directive 2004/18/EC or in Annex XVII B of Directive 2004/17/EC

l) The contract falls outside the scope of application of the relevant directive.

In addition to the box(es) ticked above please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the OJEU is lawful, stating in any case the relevant facts, and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum):

Please refer to Section II.1.4.