Description of risks to contract performance
'Known Unknown' risks have been identified in relation to this project, and these are provided for information below. Any changes required as a result of these risks will be made in accordance with the principles of transparency, proportionality, and equal treatment, and will ensure that alternative provision for children and young people continues without disruption throughout any reorganisation period.
Local Government Reorganisation
Bidders are advised that, following the UK Government's publication of the English Devolution White Paper in December 2024, a programme of Local Government Reorganisation ("LGR") is anticipated which may affect the governance, boundaries and/or legal status of the Council during the term of any Framework Agreement or Call Off awarded pursuant to this procurement.
As a consequence of LGR, any resulting Framework Agreement or Call Off may be required to be transferred, assigned or novated (in whole or in part) to one or more successor authorities or other public bodies established as part of LGR, in accordance with applicable legislation.
Bidders acknowledge and accept that the Council must comply with all statutory, regulatory and other legal requirements arising in connection with LGR and, to the extent necessary to do so, reserves the right to make such amendments to the procurement arrangements and/or any resulting Framework Agreement or Call Off as are required or permitted by law.
Bidders must submit their Tender on the basis that such transfer, assignment, novation or amendment may occur and that no additional charges, price adjustments or termination rights shall arise solely as a result of LGR. Any reasonable steps taken by the Council or a successor Council to notify Bidders of matters arising from LGR shall be sufficient for the purposes of this procurement.
SEND Reform
The SEND Reform as outlined in the 2025-2026 Schools White paper proposes changes to special educational needs provision to improve outcomes for children and young people with SEND.
The current reform agenda originates from the SEND and Alternative Provision (AP) Improvement Plan: Right support, right place, right time and is now being taken forward through:
• The Schools White Paper (February 2026)
• The SEND reform consultation: "Putting children and young people first" (open Feb-May 2026)
Together, these establish a unified SEND - Alternative Provision system underpinned by new national standards, a three tier AP model, and stronger place based commissioning duties for local authorities.
The reforms aim to:
• Reduce reliance on long term or unplanned AP placements
• Strengthen early intervention and inclusion in mainstream schools
• Improve consistency, quality and value for money in AP at local level
Sections 2.4.6, 2.4.7 and 2.4.8 of Part 3 Service Specification details the proposed national SEND reforms. Any national policy changes resulting from the reforms will need to be considered in the context of the delivery of Alternative Provision and the impact on this framework will be assessed.
Internal Factors
Nottinghamshire Local Area Special Education Needs and Disabilities (SEND) Strategy Plan outlines to Council's commitment to improving and transforming education, health and care services for children and young people with SEND, ensuring they receive the best possible start in life. The current SEND strategy covers the period 2024-2027. This strategy will be reviewed and updated during the life of this framework and the impact of any changes to the strategy in light of the operation of the framework will be assessed.
Sections 2.4.2 to 2.4.5 of Part 3 Service Specification set out all the local drivers. Any future change to local factors will be assessed in regard to the impact on this framework.
Should there be any change required as a result of the above factors occurring, the Council would consider if the change would be a permitted modification 'Materialisation of a known risk' or another permitted modification under Schedule 8 'Permitted Contract Modifications' of the Procurement Act 2023 (Procurement Act 2023).
Contract Value
The anticipated value of the Framework is subject to demand and is based on current spend, projected requirements, and governance approval. The Council anticipates that the value of the Framework will be in the region of £25 million per annum (exclusive VAT), in accordance with governance approval. The total anticipated value over the full duration of the Framework, including any extension periods, may be increased to an estimated £600 million, subject to governance approval.