Section one: Contracting authority
one.1) Name and addresses
Rotherham Metropolitan Borough Council
Financial Services
ROTHERHAM
S601AE
Contact
Angela Wilson
Angela-proc.Wilson@rotherham.gov.uk
Telephone
+44 1709334551
Country
United Kingdom
Region code
UKE31 - Barnsley, Doncaster and Rotherham
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Extended Services (Short Breaks) Provision for Children and Young People with SEND
Reference number
23-197
two.1.2) Main CPV code
- 85000000 - Health and social work services
two.1.3) Type of contract
Services
two.1.4) Short description
Extended Activities including after school clubs, and school holiday provision (Short Breaks) for children and young people with Special Educational Needs and Disabilities (SEND).
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: £734,050
two.2) Description
two.2.2) Additional CPV code(s)
- 80340000 - Special education services
- 80410000 - Various school services
- 85100000 - Health services
- 85320000 - Social services
- 98000000 - Other community, social and personal services
two.2.3) Place of performance
NUTS codes
- UKE31 - Barnsley, Doncaster and Rotherham
Main site or place of performance
Rotherham
two.2.4) Description of the procurement
Extended activities including after school clubs, and school holiday provision (short breaks) for children and young people with Special Educational Needs and Disabilities (SEND) for 3 years with an option to extend up to a further 2 years.
The total contract value indicated excludes vat and is based on the maximum contract duration of 5 years being taken. The value indicated also excludes uplifts due in years 4 & 5 which are index based if the contract is extended.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: Yes
Description of options
Option to extend for up to 2 years after the initial 3 year contract period.
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 services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
The Council in good faith considers that the award of the contract without prior publication of a contract notice is permitted by Part 2 of the Public Contracts Regulations 2015 (as amended)
.
The Council's justification is that, it considers the services to be delivered under the contract can only be provided by a particular economic operator (i.e. the provider) for the following reason: protection of exclusive rights under Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015.
.
Rotherham's Special Educational Needs students require after school clubs in specialist settings ideally where students are already situated due to their school placement. This avoids huge disruption in a child's day in relation to negating the need to transport them to another provider. This is particularly important for children and young people with Autistic Spectrum Disorder (ASD) and Social Emotional and Mental Health (SEMH) related needs who may struggle with change and/or transport.
.
The provider is a multi-academy trust which encompasses a number of Rotherham schools for children with special needs including facilities for children with complex needs.
.
The provider holds exclusive rights and the intellectual property to their schools and utilises their experienced and specialist workforce to deliver a service that meets the needs of this cohort.
.
The provider has access to specialist equipment and accessible buildings detailed and environments that can meet children and young people's needs and has built into their employment contracts the requirement to support the staffing in after school clubs. As such there is a ready-made bank of experienced staff with the specialist skills required to support the young people (many of whom they already know).
.
The opportunity to provide the services and the transaction exists solely because of the exclusive rights of the provider.
.
The provider is also able to deliver a range of holiday clubs and activities to the children and young people in their schools in settings that are specialised and familiar to this cohort of young people.
.
The absence of competition is not a result of artificial narrowing down of the parameters of the procurement by the Council.
.
For the technical reasons stated above and given that the provider would not permit an alternative service to be delivered from its premises, it is understood that competition would be absent.
.
There is no reasonable alternative route to acquire the required services.
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
Contract No
23-197
Title
Extended Services (Short Breaks) Provision for Children and Young People with SEND
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
28 March 2024
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
Nexus Multi Academy Trust
Enterprise Works, 300 Meadowhall Way.
Sheffield
S9 1EA
Country
United Kingdom
NUTS code
- UKE31 - Barnsley, Doncaster and Rotherham
Companies House
10075893
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £734,050
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court of Justice
London
Country
United Kingdom