Derby City Council

The Council House, Corporation Street

Derby

DE1 2FS

UK

Contact person: Laura Rose

Telephone: +44 1332640768

E-mail: Procurement@derby.gov.uk

NUTS: UKF11

Internet address(es)

Main address: www.derby.gov.uk

Address of the buyer profile: www.eastmidstenders.org

II.1.1) Title

Reference number: DN476460

II.1.2) Main CPV code

85000000

II.1.3) Type of contract

Services

II.1.4) Short description

Provider of 55 beds for the provision of a short term residential service for people discharged from the Royal Derby Hospital following treatment from Corona virus.

Support the discharge people from hospital to create acute care capacity and flow as required by the national discharge guidance issued on Friday 20 March 2020 (and any subsequent updates). To meet the increasing demand acute hospitals will need to discharge everyone within four hours of being medically fit.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 1 984 000.00  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

Derby City Council (Contracting Authority) has used Regulation 32(2)(c) of the Public Contract Regulations 2015 in the award of this contract, which states:

‘32.(2) The negotiated procedure without prior publication may be used for public works contracts, public supply contracts and public service contracts in any of the following cases:

32.(2)(c) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the Contracting Authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with.

32. (4) the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority.’

Derby City Council has duly justified the use of the negotiated procedure without prior publication procedure and considers:

— the Covid-19 outbreak has given rise to an urgent need for the supply of 55 short-term residential care beds to facilitate the efficient discharge of patients from the Royal Derby Hospital, which required an immediate service response to a genuine emergency because of public health risks and risk to life,

— the Covid-19 situation is so novel that the consequences are not something that could have been predicted, and therefore the urgent need for this service was unforeseeable,

— this extreme urgency does not give Derby City Council sufficient time to comply with the standard open procedure/restricted procedure/competitive procedure with negotiation timescales for this procurement,

— the Covid-19 outbreak to be a state of extreme urgency of which is not attributable to the Contacting Authority,

— these services fall within Section 7 — social and other specific services (the Light Touch Regime) as allowed under Regulations 74 to 77 of the Public Contract Regulations 2015.

Further justification is supported by guidance issued by the Cabinet Office Procurement Policy Note – Responding to Covid -19 PPN01/20 which stated — ‘There will be a range of commercial actions that must be considered by contracting authorities in responding to the impact of Covid-19. In such exceptional circumstances, authorities may need to procure goods, services and works with extreme urgency. This is permissible under current public procurement regulations using Regulation 32(2)(c).’

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

The procurement is covered by the Government Procurement Agreement: Yes

Agincare (Derby) Ltd

11153408

Agincare House, Admiralty Buildings, Castletown

Portland

DT5 1BB

UK

NUTS: UK

The contractor is an SME: Yes

VI.4.1) Review body