Section one: Contracting authority/entity
one.1) Name and addresses
NHS Kent and Medway Integrated Care Board, on behalf of NHS England
Gail House, 2nd Floor, Lower Stone Street
Maidstone
ME15 6NB
Country
United Kingdom
Region code
UKJ4 - Kent
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
https://www.kentandmedway.icb.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
Mandatory Dental Services - Rapid Commissioning of Additional Units of Dental Activity on behalf of NHS Kent and Medway ICB
two.1.2) Main CPV code
- 85131000 - Dental-practice services
two.1.3) Type of contract
Services
two.1.4) Short description
This notice relates to the permitted modification of existing contracts under the Public Contract Regulations (2015), to enable additional access to Mandatory Dental Services (MDS) within Kent and Medway ICB on a recurrent basis, in response to recent contract terminations and in accordance with the NHS 2023/24 priorities and operational planning guidance requirement to "Recover dental activity, improving units of dental activity (UDAs) towards pre-pandemic levels".
The Commissioner considers that the modifications are permitted by Regulation 72(1)(c) of the Public Contracts Regulations 2015, where the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen, that the variation of the contracts does not alter the overall nature of the contracts, and that the increase in price of each contract does not exceed the value permitted within Regulation 72(1)(c). The scope of the contract has not been extended as the services provided remain materially the same.
NHS Kent and Medway ICB, working with NHS Buckinghamshire, Oxfordshire and Berkshire West ICB, NHS Frimley ICB, NHS Hampshire and Isle of Wight ICB, NHS Surrey Heartlands ICB and NHS Sussex ICB (collectively the MDS5 Working Group) entered into a rapid commissioning process to secure additional Mandatory Dental Services activity.
This process sought NHS dental providers to deliver increased activity in the form of additional, recurrent Units of Dental Activity (UDAs) as a variation to their existing contract for Mandatory Dental services, in a number of geographic priority areas.
Priority areas were identified from three ICBs, based on additional activity requirements. The priority area identified in Kent and Medway was 5P1-1 Canterbury.
A transparent, fair and proportionate process was carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.1.6) Information about lots
This contract is divided into lots: Yes
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £216,283.94
two.2) Description
two.2.1) Title
Canterbury
Lot No
5P1-1
two.2.2) Additional CPV code(s)
- 85131000 - Dental-practice services
two.2.3) Place of performance
NUTS codes
- UKJ4 - Kent
two.2.4) Description of the procurement
NHS Kent and Medway ICB, working with NHS Buckinghamshire, Oxfordshire and Berkshire West ICB, NHS Frimley ICB, NHS Hampshire and Isle of Wight ICB, NHS Surrey Heartlands ICB and NHS Sussex ICB (collectively the MDS5 Working Group) entered into a rapid commissioning process to secure additional Mandatory Dental Services activity.
This process sought NHS dental providers to deliver increased activity in the form of additional, recurrent Units of Dental Activity (UDAs) as a variation to their existing contract for Mandatory Dental services, in a number of geographic priority areas.
Priority areas for the pilot were identified from three ICBs, based on additional activity requirements. The priority area identified in Kent and Medway was 5P1-1 Canterbury.
The contracts to which modifications have been applied in 5P1-1 Canterbury are:-
Mrs Temitope Ilori - 994 Additional UDAs per annum;
Mr H Pankhania - 600 Additional UDAs per annum;
Peter Chopra - 5,406 Additional UDAs per annum.
These variations are recurrent and additional to the provider's existing General Dental Services contract, which is not time limited.
A transparent, fair and proportionate process was carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.2.11) Information about options
Options: No
two.2.14) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
two.2) Description
two.2.1) Title
Canterbury
Lot No
5P1-1(i)
two.2.2) Additional CPV code(s)
- 85131000 - Dental-practice services
two.2.3) Place of performance
NUTS codes
- UKJ4 - Kent
two.2.4) Description of the procurement
NHS Kent and Medway ICB, working with NHS Buckinghamshire, Oxfordshire and Berkshire West ICB, NHS Frimley ICB, NHS Hampshire and Isle of Wight ICB, NHS Surrey Heartlands ICB and NHS Sussex ICB (collectively the MDS5 Working Group) entered into a rapid commissioning process to secure additional Mandatory Dental Services activity.
This process sought NHS dental providers to deliver increased activity in the form of additional, recurrent Units of Dental Activity (UDAs) as a variation to their existing contract for Mandatory Dental services, in a number of geographic priority areas.
Priority areas for the pilot were identified from three ICBs, based on additional activity requirements. The priority area identified in Kent and Medway was 5P1-1 Canterbury.
The contracts to which modifications have been applied in 5P1-1 Canterbury are:-
Mrs Temitope Ilori - 994 Additional UDAs per annum;
Mr H Pankhania - 600 Additional UDAs per annum;
Peter Chopra - 5,406 Additional UDAs per annum.
These variations are recurrent and additional to the provider's existing General Dental Services contract, which is not time limited.
A transparent, fair and proportionate process was carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.2.11) Information about options
Options: No
two.2.14) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
two.2) Description
two.2.1) Title
Canterbury
Lot No
5P1-1(ii)
two.2.2) Additional CPV code(s)
- 85131000 - Dental-practice services
two.2.3) Place of performance
NUTS codes
- UKJ4 - Kent
two.2.4) Description of the procurement
NHS Kent and Medway ICB, working with NHS Buckinghamshire, Oxfordshire and Berkshire West ICB, NHS Frimley ICB, NHS Hampshire and Isle of Wight ICB, NHS Surrey Heartlands ICB and NHS Sussex ICB (collectively the MDS5 Working Group) entered into a rapid commissioning process to secure additional Mandatory Dental Services activity.
This process sought NHS dental providers to deliver increased activity in the form of additional, recurrent Units of Dental Activity (UDAs) as a variation to their existing contract for Mandatory Dental services, in a number of geographic priority areas.
Priority areas for the pilot were identified from three ICBs, based on additional activity requirements. The priority area identified in Kent and Medway was 5P1-1 Canterbury.
The contracts to which modifications have been applied in 5P1-1 Canterbury are:-
Mrs Temitope Ilori - 994 Additional UDAs per annum;
Mr H Pankhania - 600 Additional UDAs per annum;
Peter Chopra - 5,406 Additional UDAs per annum.
These variations are recurrent and additional to the provider's existing General Dental Services contract, which is not time limited.
A transparent, fair and proportionate process was carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.2.11) Information about options
Options: No
two.2.14) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
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 Commissioner considers that the modifications are permitted by Regulation 72(1)(c) of the Public Contracts Regulations 2015, where the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen, that the variation of the contracts does not alter the overall nature of the contracts, and that the increase in price of each contract does not exceed the value permitted within Regulation 72(1)(c). The scope of the contract has not been extended as the services provided remain materially the same.
The Services commissioned through this process were healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 (PCR).
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
Lot No
5P1-1
Title
Canterbury
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
21 December 2023
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
Mrs Temitope Ilori
Tankerton Dental Centre, 244 Tankerton Road
Whitstable
CT5 2AY
Country
United Kingdom
NUTS code
- UKJ4 - Kent
Justification for not providing organisation identifier
Not on any register
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: £30,712.32
Section five. Award of contract/concession
Lot No
5P1-1
Title
Canterbury
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
21 December 2023
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
Dr H Pankhania
Sea Street Dental, 27 Sea Street
Herne Bay
CT6 8PZ
Country
United Kingdom
NUTS code
- UKJ4 - Kent
Justification for not providing organisation identifier
Not on any register
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: £18,538.62
Section five. Award of contract/concession
Lot No
5P1-1
Title
Canterbury
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
27 December 2023
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
Peter Chopra
Chopra & Associates, 1 Military Road
Canterbury
CT1 1LN
Country
United Kingdom
NUTS code
- UKJ4 - Kent
Justification for not providing organisation identifier
Not on any register
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: £167,033
Section six. Complementary information
six.3) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
six.4) Procedures for review
six.4.1) Review body
High Court in London
London
Country
United Kingdom