Section one: Contracting authority
one.1) Name and addresses
NHS Mid and South Essex Integrated Care Board
Phoenix House, Christopher Martin Rd,
Basildon
SS14 3HG
Contact
NHS Mid and South Essex Integrated Care Board
Country
United Kingdom
Region code
UKH3 - Essex
Internet address(es)
Main address
https://www.midandsouthessex.ics.nhs.uk
one.1) Name and addresses
NHS Suffolk and North East Essex ICB
Endeavour House, 8 Russell Rd,
Ipswich
IP1 2BX
Country
United Kingdom
Region code
UKH - East of England
Internet address(es)
Main address
https://suffolkandnortheastessex.icb.nhs.uk/
one.2) Information about joint procurement
The contract involves joint procurement
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Flu Swabbing Management of Outbreaks for Essex
Reference number
ACE-0718-2023-MSE
two.1.2) Main CPV code
- 85100000 - Health services
two.1.3) Type of contract
Services
two.1.4) Short description
This is a contract award notice and is intended to provide notice of NHS Mid and South Essex Integrated Care Board (lead Commissioner) and NHS Suffolk and North East Essex Integrated Care Board (herein "the Authority")'s intention to award a contract to deliver the management of infectious diseases outbreaks within Care Homes to the patients and staff working within these Care Homes within Mid and South Essex', Suffolk and North East Essex's geographical footprint. This contract award notice is made following the Authority's publication of the voluntary ex ante transparency notice (Notice Number: 2023/S 000-037631) on the 15th December 2023 which outlined the rationale and reasoning for the Authority's decision to award this contract, under Regulation 32 (2) (c) of the Public Contract Regulations 2015 (“PCR 2015”) (as amended The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020).
In line with best practice, the Authority has observed the 10-day standstill period from the publication date of the voluntary ex-ante transparency notice before awarding the contract, pursuant to Regulation 99 (3) (c) of the Public Contract Regulations 2015 (as amended (EU Exit) 2020 etc.)
The contract will be for 3 year period with the option to extend for a further 24 months, from 01st April 2024 - 31st March 2029 including all extensions. The aggregate contract value including all extensions is forecasted at £900,000.00
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £900,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKH - East of England
two.2.4) Description of the procurement
The Service to which this procurement relates fall within Schedule 3 of the Public Contracts Regulations 2015 as amended by as amended by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020, (the "Regulations"). As such, the Authority does not intend to hold itself bound by any of the Regulations, save those applicable to Schedule 3 Services.
This contract award notice is made following the Authority's publication of the voluntary ex ante transparency notice (Notice Number: 2023/S 000-037631) on the 15th December 2023 which outlined the rationale and reasoning for the Authority's decision to award this contract, under Regulation 32 (2) (c) of the Public Contract Regulations 2015 (“PCR 2015”) (as amended The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020).
The Authority has taken the decision to award this management of infectious diseases outbreaks within Care Homes (including Flu Swabbing) to incumbent provider Commisceo. The provider is considered most technically capable of providing the most economically advantageous solution to the Authority under the current environment. The Authority is applying the NHS Standard Contract Terms and Conditions to support a combination of services, all of which are part funded under a single clinical contract, to ensure appropriate clinical governance and service delivery quality as well as consistency of service to patients. It is noted that this service is joint Commissioned by MSE ICB and SNEE ICB, the breakdown of costs are as follows:
NHS MSE ICB: £90,000 per annum
NHS SNEE ICB: £90,000 per annum
Contract value from 01st April 24 - 31st March 27 (3 year period): £540,000
Contract Value from 01st April 27 - 31st March 29 (2 year period): £360,000
Total Aggregate Contract Value for 5 year term is £900,000
The Authority has a duty to meet its statutory function which includes ensuring that appropriate, effective and safe service provision is in place for the management of infectious diseases outbreaks within Care Homes. The incumbent provider is considered the most technically capable of the delivery of this service. The Management of Outbreaks, including Flu, in Care Homes ensures the prevention, management of, and safety for all staff working within the care home and all persons, including vulnerable resident in care/nursing homes located within the geographical boundaries of MSE ICB and SNEE ICB. Failure to award this service and to ensure the continued safe and effective service delivery would result in the Authority failing to meet the statutory functions of the ICB. This is an unacceptable outcome to the Authority, in which the safety and care of staff, healthcare workers, persons within Care Homes and vulnerable patients and service users would be put in unacceptable risk. The Authority deem this contact to be made appropriately made due to the lack of alternative providers that are technically capable of meeting the service requirements to deliver the service within the current market environment.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 100%
Price - Weighting: 100
two.2.11) Information about options
Options: Yes
Description of options
Option to extend for a further 24 months
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
- Extreme urgency brought about by events unforeseeable for the contracting authority
Explanation:
As outlined in the Authority's publication of the voluntary ex ante transparency notice (Notice Number: 2023/S 000-037631) on the 15th December 2023 which outlined the rationale and reasoning for the Authority's decision to award this contract, under Regulation 32 (2) (c) of the Public Contract Regulations 2015 (“PCR 2015”) (as amended The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020). The Authority has, in line with best practice, observed the 10-day standstill period from the publication date of the voluntary ex-ante transparency notice before awarding the contract, pursuant to Regulation 99 (3) (c) of the Public Contract Regulations 2015 (as amended (EU Exit) 2020 etc.)
The Authority has taken a decision to award a contract to the incumbent provider as it is considered to be the most technically capable provider in the current environment. The Authority has a duty to meet its statutory function which includes ensuring that appropriate, effective and safe service provision is in place for the management of infectious diseases outbreaks within Care Homes. The incumbent provider is considered the most technically capable of the delivery of this service. The Management of Outbreaks, including Flu, in Care Homes ensures the prevention, management of, and safety for all staff working within the care home and all persons, including vulnerable resident in care/nursing homes located within the geographical boundaries of MSE ICB and SNEE ICB. Failure to award this service and to ensure the continued safe and effective service delivery would result in the Authority failing to meet the statutory functions of the ICB. This is an unacceptable outcome to the Authority, in which the safety and care of staff, healthcare workers, persons within Care Homes and vulnerable patients and service users would be put in unacceptable risk. The Authority deem this contact to be made appropriately made due to the lack of alternative providers that are technically capable of meeting the service requirements to deliver the service within the current market environment.
This award is made to ensure quality, safety and consistency in provision of care that meet the needs of the population during this transition period. The Authority will publish appropriate Notices accordingly to communicate any such future changes and opportunities to the market, once final.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2023/S 000-037631
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
2 January 2024
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
COMMISCEO LIMITED
4 Melrose Way, Oakerthorpe, Alfreton,
Derbyshire
DE55 7PF
Country
United Kingdom
NUTS code
- UKH - East of England
National registration number
08581713
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £900,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of Justice of England and Wales
Strand
London
WC2A 2LL
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
NHS Mid and South Essex Integrated Care Board
Phoenix House, Christopher Martin Rd,
Basildon
SS14 3HG
Country
United Kingdom