Section one: Contracting authority/entity
one.1) Name and addresses
Leeds City Council - PACS
Civic Hall
Leeds
LS11UR
Contact
Tony Bailey
Telephone
+44 1133785822
Country
United Kingdom
NUTS code
UKE42 - Leeds
Internet address(es)
Main address
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Learning Disability Community Support Services
Reference number
9TZL-RMT61W
two.1.2) Main CPV code
- 85000000 - Health and social work services
two.1.3) Type of contract
Services
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKE42 - Leeds
two.2.4) Description of the procurement at the time of conclusion of the contract:
Note - the contract commenced on 1st August 2015 and expires on 31st July 2021.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
72
Section four. Procedure
four.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2015/S 042-072968
Section five. Award of contract/concession
Contract No
9TZL-RMT61W
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
17 March 2021
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Aspire Services (Leeds) Ltd
Lower Wortley Road
Leeds
LS12 4PX
Country
United Kingdom
NUTS code
- UKE42 - Leeds
The contractor/concessionaire is an SME
No
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £122,718,960
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court of Justice
The Strand
London
WC2A 2LL
Country
United Kingdom
six.4.4) Service from which information about the review procedure may be obtained
The High Court of Justice
The Strand
London
WC2A 2LL
Country
United Kingdom
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 85000000 - Health and social work services
seven.1.3) Place of performance
NUTS code
- UKE42 - Leeds
seven.1.4) Description of the procurement:
Provision of Day Care, Respite and Crisis Care and Supported Living services to adults with learning disabilities within Leeds.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
24
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£122,718,960
seven.1.7) Name and address of the contractor/concessionaire
Aspire Services (Leeds) Ltd
Lower Wortley Road
Leeds
LS12 4PX
Country
United Kingdom
NUTS code
- UKE42 - Leeds
The contractor/concessionaire is an SME
No
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
The modification of contracts is governed under the Public Contracts Regulations 2015 at regulation 72. This considers the extent to which a contract may be modified before it should be considered so substantially changed as to necessitate a new contract. It also requires the consideration of the effect of cumulative variations therefore, this needs to be considered in taking this decision.
The provisions of Regulation 72 (1b) (i) & (ii) provide an exception "where all of the following conditions are fulfilled:-
Regulation 72 (1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:-
(b) for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor -
(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and
(ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50% of the value of the original contract.
seven.2.2) Reasons for modification
Need for additional works, services or supplies by the original contractor/concessionaire.
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:
In making this variation the above conditions of Regulation 72 (1b) (i) & (ii) are deemed to be satisfied for the following reasons:
(i) Would cause significant inconvenience or substantial duplication of costs for the contracting authority;
(ii) The additional period is to cover the uncertainty of the market and to allow time to undertake a future procurement exercise for respite provision;
(iii) The request to increase the price to vary the contract period is less than 50% of the value of the original contract. The additional funding does not change the overall nature of the contract and;
(iv) Service users have the right to choose who provides these care and support services to them, and they have chosen Aspire. Therefore, at this moment in time, and until procurement options have been pursued, there are no alternative options but to continue with Aspire.
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £42,076,000
Total contract value after the modifications
Value excluding VAT: £164,794,960