Section one: Contracting authority
one.1) Name and addresses
NHS England
York House, 18-20 Massetts Road
Horley
RH6 7DE
Contact
Hannah Morley
Country
United Kingdom
Region code
UKJ2 - Surrey, East and West Sussex
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
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
Orthodontic Services in Oxford, Thame, Eastleigh and Dover
Reference number
WA12375
two.1.2) Main CPV code
- 85130000 - Dental practice and related services
two.1.3) Type of contract
Services
two.1.4) Short description
NHS England South East (the Commissioner) sought to recommission Level 2 and 3a NHS Orthodontic Services in the Oxford, Thame, Eastleigh and Dover areas. Adverts were placed on Contracts Finder and the Find a Tender Service and an Invitation to Tender (ITT) process, based on the Open procedure, was undertaken during summer / autumn 2022 to identify the Most Economically Advantageous Tender and therefore determine the incoming provider.
The procurement was split into four lots, as follows so as to provide maximum flexibility to both the Commissioner and Bidders and interested parties were able to bid for one or two lots;
• Lot 1: Oxford
• Lot 2: Thame
• Lot 3: Eastleigh
• Lot 4: Dover
Orthodontics is the dental specialty concerned with facial growth, development of the dentition and occlusion, and the assessment, diagnosis, interception and treatment of malocclusions and facial irregularities.
The overall aim of the service is to provide equitable, accessible, high quality and cost effective specialist orthodontic services, in line with the National Guide for Commissioning Orthodontics, 2015 and NHS Personal Dental Services (PDS) Agreements Regulations 2005.
Orthodontics is mainly provided for children and adolescents who meet the agreed criteria for NHS treatment and for adults where there is clinical justification and where prior approval has been agreed with the commissioner.
The service includes:
• Assessment and treatment delivered according to each patient's clinical needs, including interceptive treatment and in hours urgent care
• Treatment includes examination, taking of radiographs, diagnosis, preventative care, advice, planning of orthodontic treatment, supply and repair of orthodontic appliances including retainers for a period of 12 months following the completion of active orthodontic treatment
• Appropriate referral to other healthcare providers for mandatory or advanced mandatory services or any other appropriate and necessary healthcare
• Advice to the patient and other clinicians where appropriate
The contracts are limited to orthodontic treatment within complexity Level 2 and 3a and excludes all mandatory services and the following additional services:
• Sedation services
• Domiciliary services
• Minor oral surgery
• Dental public health services
• Orthodontic complexity level 1 and 3b cases
This procurement has been carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.1.6) Information about lots
This contract is divided into lots: Yes
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £21,538,440
two.2) Description
two.2.1) Title
Orthodontic Services in Oxford
Lot No
Ortho-1
two.2.2) Additional CPV code(s)
- 85131100 - Orthodontic services
two.2.3) Place of performance
NUTS codes
- UKJ14 - Oxfordshire
two.2.4) Description of the procurement
NHS England South East (the Commissioner) recommissioned Level 2 and 3a NHS Orthodontic Services in Oxford at an activity level of 12,000 Units of Orthodontic Activity (UOAs) per annum. Adverts were placed on Contracts Finder and the Find a Tender Service and an Invitation to Tender (ITT) process, based on the Open procedure, was undertaken during summer / autumn 2022 to identify the Most Economically Advantageous Tender and therefore determine the incoming provider.
Orthodontics is the dental specialty concerned with facial growth, development of the dentition and occlusion, and the assessment, diagnosis, interception and treatment of malocclusions and facial irregularities.
The overall aim of the service is to provide equitable, accessible, high quality and cost effective specialist orthodontic services, in line with the National Guide for Commissioning Orthodontics, 2015 and NHS Personal Dental Services (PDS) Agreements Regulations 2005.
Orthodontics is mainly provided for children and adolescents who meet the agreed criteria for NHS treatment and for adults where there is clinical justification and where prior approval has been agreed with the commissioner.
The service includes:
• Assessment and treatment delivered according to each patient's clinical needs, including interceptive treatment and in hours urgent care
• Treatment includes examination, taking of radiographs, diagnosis, preventative care, advice, planning of orthodontic treatment, supply and repair of orthodontic appliances including retainers for a period of 12 months following the completion of active orthodontic treatment
• Appropriate referral to other healthcare providers for mandatory or advanced mandatory services or any other appropriate and necessary healthcare
• Advice to the patient and other clinicians where appropriate
The contracts are limited to orthodontic treatment within complexity Level 2 and 3a and excludes all mandatory services and the following additional services:
• Sedation services
• Domiciliary services
• Minor oral surgery
• Dental public health services
• Orthodontic complexity level 1 and 3b cases
The contract has been awarded to Oxford Orthodontics Practice Ltd (previously DCG Trading 3 Ltd). The contract commenced on 12th June 2023 and has been awarded for an initial term of 7 years, with an option to extend for a further 2 years at the sole discretion of the Commissioner.
The anticipated annual contract value is £723,360.00. This value is based on 21/22 prices and will be subject to Dentist and Doctor Pay Review (DDRB) adjustments in the period up to April 2023 and annually thereafter.
This procurement has been carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.2.14) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
two.2) Description
two.2.1) Title
Orthodontic Services in Thame
Lot No
Ortho-2
two.2.2) Additional CPV code(s)
- 85131100 - Orthodontic services
two.2.3) Place of performance
NUTS codes
- UKJ14 - Oxfordshire
two.2.4) Description of the procurement
NHS England South East (the Commissioner) recommissioned Level 2 and 3a NHS Orthodontic Services in Thame at an activity level of 4,000 Units of Orthodontic Activity (UOAs) per annum. Adverts were placed on Contracts Finder and the Find a Tender Service and an Invitation to Tender (ITT) process, based on the Open procedure, was undertaken during summer / autumn 2022 to identify the Most Economically Advantageous Tender and therefore determine the incoming provider.
Orthodontics is the dental specialty concerned with facial growth, development of the dentition and occlusion, and the assessment, diagnosis, interception and treatment of malocclusions and facial irregularities.
The overall aim of the service is to provide equitable, accessible, high quality and cost effective specialist orthodontic services, in line with the National Guide for Commissioning Orthodontics, 2015 and NHS Personal Dental Services (PDS) Agreements Regulations 2005.
Orthodontics is mainly provided for children and adolescents who meet the agreed criteria for NHS treatment and for adults where there is clinical justification and where prior approval has been agreed with the commissioner.
The service includes:
• Assessment and treatment delivered according to each patient's clinical needs, including interceptive treatment and in hours urgent care
• Treatment includes examination, taking of radiographs, diagnosis, preventative care, advice, planning of orthodontic treatment, supply and repair of orthodontic appliances including retainers for a period of 12 months following the completion of active orthodontic treatment
• Appropriate referral to other healthcare providers for mandatory or advanced mandatory services or any other appropriate and necessary healthcare
• Advice to the patient and other clinicians where appropriate
The contracts are limited to orthodontic treatment within complexity Level 2 and 3a and excludes all mandatory services and the following additional services:
• Sedation services
• Domiciliary services
• Minor oral surgery
• Dental public health services
• Orthodontic complexity level 1 and 3b cases
The contract has been awarded to Oxford Orthodontics Ltd. The contract commenced on 19th July 2023 and has been awarded for an initial term of 6 years, 8 months and 13 days with an option to extend for a further 2 years at the sole discretion of the Commissioner.
The annual contract value is £241,120.00. This value is based on 21/22 prices and will be subject to Dentist and Doctor Pay Review (DDRB) adjustments in the period up to April 2023 and annually thereafter.
This procurement has been carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.2.14) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
two.2) Description
two.2.1) Title
Orthodontic Services in Eastleigh
Lot No
Ortho-3
two.2.2) Additional CPV code(s)
- 85131100 - Orthodontic services
two.2.3) Place of performance
NUTS codes
- UKJ3 - Hampshire and Isle of Wight
two.2.4) Description of the procurement
NHS England South East (the Commissioner) recommissioned Level 2 and 3a NHS Orthodontic Services in Eastleigh at an activity level of 10,000 Units of Orthodontic Activity (UOAs) per annum. Adverts were placed on Contracts Finder and the Find a Tender Service and an Invitation to Tender (ITT) process, based on the Open procedure, was undertaken during summer / autumn 2022 to identify the Most Economically Advantageous Tender and therefore determine the incoming provider.
Orthodontics is the dental specialty concerned with facial growth, development of the dentition and occlusion, and the assessment, diagnosis, interception and treatment of malocclusions and facial irregularities.
The overall aim of the service is to provide equitable, accessible, high quality and cost effective specialist orthodontic services, in line with the National Guide for Commissioning Orthodontics, 2015 and NHS Personal Dental Services (PDS) Agreements Regulations 2005.
Orthodontics is mainly provided for children and adolescents who meet the agreed criteria for NHS treatment and for adults where there is clinical justification and where prior approval has been agreed with the commissioner.
The service includes:
• Assessment and treatment delivered according to each patient's clinical needs, including interceptive treatment and in hours urgent care
• Treatment includes examination, taking of radiographs, diagnosis, preventative care, advice, planning of orthodontic treatment, supply and repair of orthodontic appliances including retainers for a period of 12 months following the completion of active orthodontic treatment
• Appropriate referral to other healthcare providers for mandatory or advanced mandatory services or any other appropriate and necessary healthcare
• Advice to the patient and other clinicians where appropriate
The contracts are limited to orthodontic treatment within complexity Level 2 and 3a and excludes all mandatory services and the following additional services:
• Sedation services
• Domiciliary services
• Minor oral surgery
• Dental public health services
• Orthodontic complexity level 1 and 3b cases
The contract has been awarded to Smile Care Eastleigh Ltd. The contract commenced on 1st April 2023 and has been awarded for an initial term of 7 years, with an option to extend for a further 2 years at the sole discretion of the Commissioner.
The annual contract value is £602,800.00. This value is based on 21/22 prices and will be subject to Dentist and Doctor Pay Review (DDRB) adjustments in the period up to April 2023 and annually thereafter.
This procurement has been carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.2.14) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
two.2) Description
two.2.1) Title
Orthodontic Services in Dover
Lot No
Ortho-4
two.2.2) Additional CPV code(s)
- 85131100 - Orthodontic services
two.2.3) Place of performance
NUTS codes
- UKJ4 - Kent
two.2.4) Description of the procurement
NHS England South East (the Commissioner) sought to commission Level 2 and 3a NHS Orthodontic Services in Dover at an activity level of 11,000 Units of Orthodontic Activity (UOAs) per annum. Adverts were placed on Contracts Finder and the Find a Tender Service and an Invitation to Tender (ITT) process, based on the Open procedure, was undertaken during summer / autumn 2022 to identify the Most Economically Advantageous Tender and therefore determine the incoming provider. No bids were received for this area and a contract has not been awarded.
This procurement has been carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.
two.2.14) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
Section four. Procedure
four.1) Description
four.1.1) Form of procedure
Open procedure
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2022/S 000-014659
Section five. Award of contract
Lot No
Ortho-1
Title
Orthodontic Services in Oxford
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
12 June 2023
five.2.2) Information about tenders
Number of tenders received: 6
Number of tenders received by electronic means: 6
five.2.3) Name and address of the contractor
Oxford Orthodontics Practice Ltd (previously DCG Trading 3 Ltd)
C/O Francis Clark LLP, North Quay House, Sutton Harbour
Plymouth
PL4 0RA
Country
United Kingdom
NUTS code
- UKK41 - Plymouth
Companies House
14027602
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £6,985,440
Total value of the contract/lot: £6,510,240
Section five. Award of contract
Lot No
Ortho-2
Title
Orthodontic Services in Thame
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
19 July 2023
five.2.2) Information about tenders
Number of tenders received: 4
Number of tenders received by electronic means: 4
five.2.3) Name and address of the contractor
Oxford Orthodontics Ltd
Sixty Six, North Quay
Great Yarmouth
NR30 1HE
Country
United Kingdom
NUTS code
- UKH1 - East Anglia
Companies House
09597711
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £2,328,480
Total value of the contract/lot: £2,170,080
Section five. Award of contract
Lot No
Ortho-3
Title
Orthodontic Services in Eastleigh
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
1 April 2023
five.2.2) Information about tenders
Number of tenders received: 4
Number of tenders received by electronic means: 4
five.2.3) Name and address of the contractor
Smile Care Eastleigh Ltd
Walnut Tree House, Court Lane, Burnham
Slough
SL1 8DN
Country
United Kingdom
NUTS code
- UKJ11 - Berkshire
Companies House
11897565
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £5,821,200
Total value of the contract/lot: £5,425,200
Section five. Award of contract
Lot No
Ortho-4
Title
Orthodontic Services in Dover
A contract/lot is awarded: No
five.1) Information on non-award
The contract/lot is not awarded
No tenders or requests to participate were received or all were rejected
Section six. Complementary information
six.3) Additional information
The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).
The tendering process has been conducted in accordance with the requirements and flexibilities provided by Articles 74 to 76 of the Directive, and Regulations 74 to 76 of the Regulations. The Authority ran a transparent tender process, treating all Bidders equally. For the avoidance of doubt, the Authority will not be bound by the Regulations or the Treaty on the Functioning of the European Union or any other regulations or legislation except for the specific parts or circumstances that apply to the procurement of these Services.
Neither the inclusion of a selection stage, nor the use of any language or terms found in the Directive or Regulations, nor the description of the procedure voluntarily adopted by the Authority ("Open", "Restricted", "Competitive Procedure with Negotiation", "Competitive Dialogue" or any other description), nor any other indication, shall be taken to mean that the Authority intends to hold itself bound by the Directive or Regulations, save by the provisions applicable to services coming within the scope of Annex XIV of the Directive / Schedule 3 of the Regulations.
The Contracting Authority has voluntarily observed the award decision notices provisions and held a 10 day standstill period as described in Regulation 87 of the Regulations.
six.4) Procedures for review
six.4.1) Review body
High Court London
London
Country
United Kingdom