Section one: Contracting authority/entity
one.1) Name and addresses
NHS East and North Hertfordshire Clinical Commissioning Group (acting for NHS England/Improvement under delegated powers)
Charter House, Parkway, Welwyn Garden City
Hertfordshire
AL8 6JL
Contact
Holly Fairhurst
Country
United Kingdom
NUTS code
UKH23 - Hertfordshire
Internet address(es)
Main address
https://www.enhertsccg.nhs.uk/
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
GP Services (GMS) for The Birchwood Surgery, Letchworth, Hertfordshire
Reference number
VEAT 310122
two.1.2) Main CPV code
- 85000000 - Health and social work services
two.1.3) Type of contract
Services
two.1.4) Short description
NHS East and North Hertfordshire CCG’s (the CCG) predecessor Primary Care Trust awarded a contract for primary GP services (GMS) for The Birchwood Surgery, Letchworth (the Contract). The Contract was awarded to the Partnership of Birchwood Surgery as comprised from time to time (Partnership) commencing 27 February 2004. Birchwood Surgery is a member of 12 Point Care Limited, a federation of GP Practices (Federation). The current partners are no longer willing to continue as contract holders and have agreed with directors of the Federation that the directors will become partners to provide senior management support and permit the existing partners to step down and continue as salaried GPs or retire. The CCG and Partnership then intend to novate the Contract to the Federation. The CCG considers that the novation of the Contract is permitted without needing a new procurement in accordance with Reg 72(1)(d) Public Contracts Regulations 2015 for the reasons set out in this notice.
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: £4,850,000
two.2) Description
two.2.2) Additional CPV code(s)
- 85121100 - General-practitioner services
two.2.3) Place of performance
NUTS codes
- UKH23 - Hertfordshire
Main site or place of performance
Hoddesdon
two.2.4) Description of the procurement
NHS East and North Hertfordshire CCG’s (‘the CCG’) predecessor Primary Care Trust awarded a contract for primary GP services (GMS) and other primary medical services for The Birchwood Surgery, Letchworth, Hertfordshire (‘the Contract’). The Contract was awarded to the Partnership of Birchwood Surgery as comprised from time to time (‘Partnership’) and commenced on 27 February 2004. Birchwood Surgery is a member of 12 Point Care Limited, a federation of GP Practices (‘Federation’).
The current partners have advised the Commissioners that they are no longer willing to continue as contract holders and have issued a letter of intention to resign the Contract. In order to maintain continuity of the care currently being delivered to patients registered at The Birchwood Surgery, the Contract will be novated to the Federation. The Commissioners consider that the novation of the Contract to the Federation is permitted without needing a new procurement in accordance with Regulation 72(1)(d) of the Public Contracts Regulations 2015 for the reasons set out in this notice.
NHS England/Improvement is the relevant counterparty to the Contract however the CCG possesses decision-making authority regarding the modification of the Contract pursuant to delegated arrangements and is able to agree to the novation on NHS England/Improvement’s behalf
two.2.11) Information about options
Options: No
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 procurement falls outside the scope of application of the regulations
Explanation:
The variations to the Contract described above are permitted without needing a new procurement procedure in accordance with Regulation 72(1)(d)(ii) (replacement of contractor) of the Public Contract Regulations 2015 insofar as this Regulation is relevant to contracts that fall within Chapter 3, Section 7 of the PCR (contracts for social and other specific services).
The proposed novation of the Contract to the Federation is permitted under 72(1)(d)(ii) as it would amount to a universal succession by the Federation into the position of the initial contractor (the Partnership) following a takeover by the Federation of all the Partnership’s business activities. The Partnership’s sole activity is to deliver the Contract and therefore, by taking over the Contract, there is a takeover by the Federation of the entirety of the business activities of the Partnership. Further, the Birchwood Surgery is already a member of the Federation and at the point of the novation the partners will comprise only the same individuals who are the directors of the Federation so there will be no change in the guiding minds behind the Birchwood Surgery following the novation.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
20 January 2022
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
12Point Care Limited
Kingston Smith LLP, Orbital House 20, Eastern Road
Romford
RM1 3PJ
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
09214266
Internet address
https://www.12pointcare.co.uk/
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £4,850,000
Section six. Complementary information
six.3) Additional information
Whilst section V.2.1 of this notice refers to a contract award decision, the CCG is not in fact awarding a new contract, but is making an amendment to an existing one.
six.4) Procedures for review
six.4.1) Review body
The High Court of England and Wales
7 Rolls Building, Fetter Lane
London
EC4A 1NL
Country
United Kingdom
Internet address
https://www.gov.uk/courts-tribunals/technology-and-construction-court