Section one: Contracting authority
one.1) Name and addresses
NHS England and NHS Improvement - North East and Yorkshire Region
Unit 3, Alpha Court, Monks Cross
York, North Yorkshire
YO32 9NW
Country
United Kingdom
NUTS code
UKE - Yorkshire and the Humber
Internet address(es)
Main address
https://www.england.nhs.uk/north-east-yorkshire/contact-us/
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
Primary care dental services for the population of Scarborough, North Yorkshire
Reference number
NHSE538
two.1.2) Main CPV code
- 85130000 - Dental practice and related services
two.1.3) Type of contract
Services
two.1.4) Short description
Emergency contract variation for the provision of primary care dental services for the population of Scarborough as a result of extreme urgency.
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: £444,044
two.2) Description
two.2.2) Additional CPV code(s)
- 85000000 - Health and social work services
two.2.3) Place of performance
NUTS codes
- UKE - Yorkshire and the Humber
Main site or place of performance
Scarborough, North Yorkshire
two.2.4) Description of the procurement
Emergency contract variation for the provision of primary care dental services for the population of Scarborough as a result of extreme urgency.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: 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
- The procurement falls outside the scope of application of the regulations
Explanation:
NHSE believes that this contract award complies with the requirements of Regulation 72 (1) (c) (i) (ii) (iii) of PCR 2015.
Regulation 72.- (1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part: -
(c) where 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.
In response to (i): NHSE did not foresee that the service provider in Scarborough would give notice to terminate the existing contract thereby leaving a gap in service for patients, this placed patients at risk of not being able to access urgent care and there being insufficient time to complete a procurement process for a new practice.
(ii) the modification does not alter the overall nature of the contract.
In response (ii): This variation does not alter the overall nature of the original contract, which is based on UDAs at contractually set tariffs per UDA.
The contract variation is for units of dental activity which is of the same nature as that of the core contract.
(iii) any increase in price does not exceed 50% of the value of the original contract or framework agreement.
In response (iii): There was no increase in contract value of the variation to that of the initial contract. Therefore, this contract value (£444,044) does not exceed 50% of the original contract agreement.
The risk to not taking this approach would have meant an immediate gap in primary care dental provision in the Scarborough area, thus impacting on access for patients and consequently, patient care.
A full procurement is planned to deliver a new contract commencing 01 July 2022.
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
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
1 July 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
Falsgrave Dental Surgery
21 Falsgrave Road
Scarborough
YO12 5EA
Country
United Kingdom
NUTS code
- UKE22 - North Yorkshire CC
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £444,044
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Public Procurement Review Service
London
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
North of England Commissioning Support Unit
John Snow House
Durham
DH1 3YG
Country
United Kingdom