Section one: Contracting authority/entity
one.1) Name and addresses
Mid and South Essex Integrated Care Board
Phoenix House, Christopher Martin Road
Basildon, Essex
SS14 3HG
Country
United Kingdom
Region code
UKH3 - Essex
Internet address(es)
Main address
https://www.midandsouthessex.ics.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
Provision of Alternative Provider of Medical Services (APMS) Contract (North Shoebury)
Reference number
ACE-0596-2022-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 voluntary ex ante transparency notice and is intended to provide notice of the Mid and South Essex Integrated Care Board’s (hereinafter referred to as “the Authority”) intention (for reasons of extreme urgency brought about by events unforeseeable by the Authority), to award a contract for Primary Medical Services under Regulation 32 (2) (c) to the incumbent provider North Shoebury Surgery, covering the following general medical practice for a period of six (6) months:
- F81684 - North Shoebury Surgery - commencing 1st April 2023 until 30th September 2023 at an aggregate value of £285,670.
The Authority will observe a 10-day standstill from the date of publication of this VEAT, during which the ICB will not enter into any contractual arrangement.
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 Contracting Authority does not intend to hold itself bound by any of the Regulations, save those applicable to Schedule 3 Services.
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: £285,670
two.2) Description
two.2.2) Additional CPV code(s)
- 85120000 - Medical practice and related services
- 85121000 - Medical practice services
two.2.3) Place of performance
NUTS codes
- UKH3 - Essex
Main site or place of performance
Southend, Essex
two.2.4) Description of the procurement
This is a Voluntary Ex Ante Transparency Notice to communicate to the market the Authority's clear intention to award a public contract to the incumbent provider, North Shoebury Surgery for F81684 North Shoebury Practice, by a negotiated procedure without prior publication, under regulation 32 (2)(c) of the Public Contract Regulations 2015 (as amended The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020). The Authority has made this decision for reasons of extreme urgency brought about by events unforeseeable by the Authority and can confirm that the time limits for the open or restricted procedures or competitive procedures with negotiation could not be complied with before 1st April 2023. This is to ensure that patient service continuity is maintained and to ensure that patients are not without a service from 1 April 2023, onwards.
The Mid and South Essex Integrated Care Board ("the Authority") concluded a multi-lot procurement process for Provision of Alternative Provider of Medical Services (APMS) Contracts under six Lots across Thurrock and Southend, which commenced on 6th October 2022. The Authority used an 'Open procedure' under Section 7 of the Public Contract Regulations 2015 (as amended The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020).
The 6 geographic Lots were as titled below:
• Lot 1 - Provision of Alternative Provider of Medical Services (APMS) Contract - Y00999 Oddfellows Hall and St Clements
• Lot 2 - Provision of Alternative Provider of Medical Services (APMS) Contract - F81110 Tilbury Health Centre (including Dilip and Chadwell)
• Lot 3 - Provision of Alternative Provider of Medical Services (APMS) Contract - Y02807 Thurrock Health Centre
• Lot 4 - Provision of Alternative Provider of Medical Services (APMS) Contract - F81206 - Commonwealth Health Centre
• Lot 5 - Provision of Alternative Provider of Medical Services (APMS) Contract - Y00033 Purfleet Care Centre
• Lot 6 - Provision of Alternative Provider of Medical Services (APMS) Contract - F81684 North Shoebury Practice
Summary of events:
• Prior Information Notice published on 7th September 2022 via Find a Tender Service (FTS) and early engagement opportunity via Contracts Finder (CF)
• 2 MS Teams 'Live' Market Engagement Events were held on 21st & 22nd September 2022
• Contract Notice published on 6th October 2022 in FTS (Notice reference: 2022-043094) and subsequently on CF, with a deadline for submission of ITT's on 14th November 2022.
• 35 potential Bidders expressed an interest in the tender documentation, nine of which submitted a tender by the deadline. All bidders passed the Qualification envelope, one Bidder withdrew from the competition, and the Authority's Evaluation Panel therefore conducted the quality and price evaluation on eight remaining Bidders ITTs, across the six Lots.
• As a result of the procurement process, the contracts for Lots 1 to 6 were awarded based on Most Economically Advantageous Tender, to a single provider called Spirit Healthcare Ltd
• Outcome letters were issued on 22nd December 2022 and the Authority adopted a voluntary standstill period, which expired midnight on 6th January 2023.
• The Contract Award Notice was published in FTS on 18th January 2023 followed by a notice in CF.
The Authority's position is that the contracts for Lots 1 to 6 were awarded in strict accordance with the Regulations and in conformity with the information contained in the Contract Notice and to date, the Authority has not received a legal challenge to the outcome of the procurement from any Bidder.
Unfortunately, since 18th January, several factors during the Preferred Bidder Stage and Mobilisation Phase, have resulted in an unfortunate situation whereby the Contracts for each of the six Lots have not been executed between the Preferred Bidder and the Authority, with the totality of such issues only becoming apparent on 15 March 2023. This resulted in a minimal amount of time for the ICB to ensure safe and effective mobilisation prior to 1st April 2023 via alternative routes. Please review the Justification section for further details.
A decision has been made by the Preferred Bidder to step away from the Contract and not proceed to signature. As such, a decision has been made by the Authority to cancel the procurement and put in place emergency arrangements with incumbent providers to ensure continuity of provision of Primary Care Services for the population associated with each of the six lots across Southend and Thurrock. The ICB's key priority is ensuring safe and effective service continuity for the patient population associated with this practice from 1st April 2023.
two.2.5) Award criteria
Quality criterion - Name: Quality / Weighting: 100
Price - Weighting: 0
two.2.11) Information about options
Options: Yes
Description of options
An option for a 12 month extension is provided.
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
Negotiated without a prior call for competition
- Extreme urgency brought about by events unforeseeable for the contracting authority
Explanation:
Post- award, a decision was made by the Preferred Bidder on 15 March 2023 to step away from the awarded Contracts for all six Lots and not proceed to signature unless the ICB was willing provide the Preferred Bidder with a significant additional payment over and above the price submitted by the Preferred Bidder as part of its successful bid. This has resulted in the ICB's inability to conclude all six contracts with the Preferred Bidder within the 3 months set aside, after the implementation of its compliant procurement process undertaken and concluded by the ICB on 10th January.
As such, for reasons of extreme urgency brought about by these events which were unforeseeable by the Authority, the time limits for the open or restricted procedures or competitive procedures with negotiation (via an accelerated procurement procedure) could not be complied with before 1st April 2023.
There is an unacceptable risk that there is insufficient time to complete a robust contract mobilisation involving critical mobilisation risks such as TUPE implementation, in a lawful, robust and safe manner.
As such, the ICB intend to use all reasonable endeavours to safeguard continued service delivery, for all eligible patients for 1st April 2023, minimising any inconvenience likely to be caused to patients as a result of the discontinuation of Primary Care Services for this Lot.
The ICB is thus mitigating the unacceptable risk of service failure by engaging with the incumbent providers of each Lot and focusing on local integration and collaboration. It is deemed that only the incumbent providers for each Lot are technically capable of ensuring Service continuity within timescales available, with new service commencing from 1st April 2023.
Since speaking to the incumbents, it became apparent that the providers were unable to accept 12 month contracts, and so the ICB has been left with no option but to agree longer term contracts in order to ensure service continuity to patients that is in line with the ICB's and NHS strategic direction. Due to the extremely short timescales involved (a new service was required from 1 April 2023, and notification from the Preferred Bidder was received on 15 March 2023, which only allowed the ICB 11 working days to seek alternative services from other providers), the ICB was left with no option but to agree to such terms during negotiations and is confident that this enables vital service development and improvement as well as enabling the future recommissioning of relevant services in the future, via undertaking a robust procurement exercise.
As such, a decision was made by the Authority to abandon the procurement (which was communicated to bidders accordingly) and put in place emergency arrangements with incumbent providers to ensure continuity of provision of Primary Care Services for the population associated with each of the six lots across Southend and Thurrock. The ICB's key priority is ensuring safe and effective service continuity for the patient population associated with these practices from 1st April 2023.
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
Title
F81684 - North Shoebury Surgery
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
29 March 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
North Shoebury Surgery
Frobisher Way, Shoeburyness
Southend on Sea
SS3 8UT
Country
United Kingdom
NUTS code
- UKH3 - Essex
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: £285,670
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
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.4.4) Service from which information about the review procedure may be obtained
Mid and South Essex Integrated Care Board
Basildon, Essex
Unit 10 Phoenix Court, Christopher Martin Road
SS14 3HG
Country
United Kingdom