Section one: Contracting authority
one.1) Name and addresses
NHS Midlands and Lancashire CSU
Heron House, 120 Grove Road
Stoke on Trent
ST4 4LX
Telephone
+44 7557487934
Country
United Kingdom
NUTS code
UKG1 - Herefordshire, Worcestershire and Warwickshire
Internet address(es)
Main address
https://mlcsu.bravosolution.co.uk
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
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
Contract Modification (under PCR 2015 Regulation 72) to the Non-Emergency Patient Transportation Service (NEPTS) for NHS Herefordshire & Worcestershire CCG and Associated Commissioners
Reference number
Original Title Contract Award OJEU Document Number 2019/S 177-431649
two.1.2) Main CPV code
- 85100000 - Health services
two.1.3) Type of contract
Services
two.1.4) Short description
In August 2019, NHS Herefordshire and Worcestershire Clinical Commissioning Group and Associated Commissioners awarded a contract for a Non-Emergency Patient Transportation Service (NEPTS) following a formal OJEU Open Procurement procedure.
For reference, the OJEU Document Number for the Contract Notice (published on 5th April 2019) is 2019/S 068-159843; and the OJEU Document Number for the Contract Award Notice (published on 13th September 2019) is 2019/S 177-431649.
The contract duration is five (5) years, with the option to extend for a further two (2) years, subject to agreement; the contract start date was 1st April 2020; and the total contract value was £24,942,410.00 for the initial 5-year contract period.
Further to contract commencement on 1st April 2020, the above named commissioning body has become aware of additional activity not included in the formal competitive tender exercise, therefore, a contract variation (i.e., contract modification) has been made.
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: £875,000
two.2) Description
two.2.2) Additional CPV code(s)
- 34114122 - Patient-transport vehicles
- 60130000 - Special-purpose road passenger-transport services
- 85100000 - Health services
two.2.3) Place of performance
NUTS codes
- UKG11 - Herefordshire, County of
- UKG12 - Worcestershire
Main site or place of performance
The counties of Herefordshire and Worcestershire, and central areas of Powys.
two.2.4) Description of the procurement
It has come to the attention of the above named commissioning body that activity relating to the transportation of a cohort of End of Life patients was not included in a formal competitive tender exercise for the Herefordshire & Worcestershire NEPTS (OJEU Document Numbers 2019/S 068-159843 and 2019/S 177-431649), therefore, has not been subsequently included in the new Herefordshire & Worcestershire NEPTS contract.
Prior to publication of the Herefordshire & Worcestershire NEPTS tender documentation and NEPTS service specification in 2019, the commissioning body had conducted exercises to identify activity within the remit of the service, however, the commissioning body was not made aware that this activity was within the scope of the Herefordshire & Worcestershire NEPTS.
The commissioning body is now in the position of needing to urgently commission a High Dependency Unit (HDU) crew to cover this gap in service provision for this cohort of End of Life patients. In order to minimise risks to patient care, the commissioning body is modifying the existing NEPTS contract in alignment with specific provisions under Regulation 72 (1) (c) of the Public Contract Regulations 2015. It should be noted that the modification will not materially change the essence of the contract, and it will fall below 10% of the current total contract value.
The estimated cost of the NHS Herefordshire & Worcestershire Clinical Commissioning Group NEPTS contract modification is circa £875,000 over the 5-year contract duration (circa £174,720 per annum). (N.B.: the original total contract value over the 5-year contract duration is £24,942,410.) The modified activity equates to an estimated 16 additional patient journeys per week, and this figure may be adjusted as the contract is already 6-months into its term.
two.2.5) Award criteria
Price
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
- Extreme urgency brought about by events unforeseeable for the contracting authority
Explanation:
This Notice is to advise of a contract modification and, therefore, is not for the award of a contract without prior publication, however, due to the value of the contract modification being above OJEU Procurement Threshold for 2020/2021 for Services (i.e., above £663,540) this Notice is published to satisfy The Public Contract Regulations (PCR) 2015 guidance.
The above named commissioning body has made the formal decision to modify its current contract for a Non-Emergency Patient Transportation Services to include High Dependency Unit crews for a cohort of End of Life patients in the best interest of patents; the additional requirement that has led to the modification was unforeseen by the commissioning body and any lack of service provision would be highly likely to pose a significant risk to the quality of care for the cohort of End of Life patients.
Regulation 72 (1c(iii)) under The Public Contracts Regulations provides a general justification for the proposed modification, this being that the alteration value is under the threshold of 50% of the total value of the service contract, and it does not change the "overall nature" of contract. The estimated cost of the NHS Herefordshire & Worcestershire Clinical Commissioning Group NEPTS contract modification is circa £875,000 over the 5-year contract duration (circa £174,720 per annum). (N.B.: the original total contract value over the 5-year contract duration is £24,942,410.) The modified activity equates to an estimated 16 additional patient journeys per week.
Under The Public Contract Regulations 2015 Regulation 72 (1) (c) all of the following conditions are fulfilled:
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen;
(ii) the modification does not alter the overall nature of the contract;
(iii)the increase in price does not exceed 50% of the value of the original contract.
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: 2019/S 177-431649
Section five. Award of contract
Title
Contract Modification to NHS Herefordshire & Worcestershire Non-Emergency Transportation Services
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
16 February 2021
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
E-Zec Medical Services Limited
Terminal Building, Redhill Aerodrome
Redhill, Surrey
RH1 5YP
Country
United Kingdom
NUTS code
- UKJ2 - Surrey, East and West Sussex
National registration number
4088225
Internet address
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £875,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
NHS Herefordshire and Worcestershire CCG
The Coach House, John Comyn Drive, Perdiswell, Worcester
Worcestershire
WR3 7NS
Country
United Kingdom