Section one: Contracting authority/entity
one.1) Name and addresses
NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board
Jenner House, Unit E3, Langley Park, Avon Way
Chippenham
SN15 1GG
Contact
Angela Mortley
Country
United Kingdom
NUTS code
UKK1 - Gloucestershire, Wiltshire and Bristol/Bath area
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
NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board - Integrated Urgent Care Services: 111 and Out of Hours GP Services
two.1.2) Main CPV code
- 85100000 - Health services
two.1.3) Type of contract
Services
two.1.4) Short description
In 2016, NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board (BSW ICB), formally known as NHS Bath and North East Somerset; Swindon and Wiltshire Clinical Commissioning Groups commissioned an Integrated Care Service to be provided for itself and Wiltshire Council. This was tendered via the Official Journal of the European Union.
The Contract was let to Medvivo Group Limited on a NHS Standard Contract for an initial term of 5 years (ending 30 April 2023) with an option to extend for a further 5 years at the discretion of the Commissioners.
BSW ICB will exercise the option to extend the Contract for the 5-year extension period making the contract end date 30th April 2028, with the exception of the Council and Access to Care services which will be extended for a 1 year extension period ending on 30th April 2024. Services will continue to be provided to Wiltshire Council for a 1 year extension period ending on 30th April 2024. Wiltshire Council will seek to make their own arrangements for these services from that date.
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: £81,321,704
two.2) Description
two.2.2) Additional CPV code(s)
- 85312310 - Guidance services
two.2.3) Place of performance
NUTS codes
- UKK1 - Gloucestershire, Wiltshire and Bristol/Bath area
Main site or place of performance
Bath and North East Somerset, Swindon and Wiltshire
two.2.4) Description of the procurement
In 2016, NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board (BSW ICB)), formally known as the NHS Bath and North East Somerset; Swindon and Wiltshire Clinical Commissioning Groups, procured and commissioned an Integrated Urgent Care Service.
The 2016 procurement encompassed the following services:
- For Bath and North East Somerset (BaNES) Clinical Commissioning Group, Swindon Clinical Commissioning Group and Wiltshire Clinical Commissioning Group - Integrated Urgent Care Access, Treatment and Clinical Advice Service (clinical hub) including a Health Care Professional Line, and NHS 111 services.
- For BaNES and Wiltshire CCG's - an Out of Hours GP service.
- For Wiltshire CCG - Acute Trust Liaison Service, an Access to Care Service and a Single Point of Access to Intermediate Care.
- For Wiltshire Council UA also procured a Carers Emergency Card Response Service, a Telecare Call Monitoring Service, a Telecare Response Service and an Urgent Care at Home Service.
The Contract was let to Medvivo Group Limited on a NHS Standard Contract for an initial term of 5 years (ending 30 April 2023) with an option to extend for a further 5 years at the discretion of the Commissioner.
111 services are delivered by a subcontractor which has given notice that it does not wish to extend its subcontract beyond April 2023. In considering whether to exercise the contract extension the Commissioners collectively considered the available options. BSW ICB decided to exercise the option to extend core IUC services for 5 years and Wiltshire Council decided to decouple the services provided to them via the contract and make their own arrangements after a single year's extension.
In coming to this decision, options considered included:
1. All Commissioners extending the contract for five years with the Council issuing notice on the services delivered via this contract
2. Not extending the contract and running a new procurement for the IUC contract
3. Extending the Contract on the basis that the Council will extend for one year and BSW ICB for five years, with the exception of the Access to Care service which would be extended for 1 year.
After due consideration, Option 3 was deemed to be the only realistic and practical option because (1) there is insufficient time to procure a new IUC contract which could be mobilised by April 2023; and (2) a five year extension is required in order that Medvivo can appoint a replacement 111 subcontractor.
Given all of the above, BSW ICB will now extend their contract with Medvivo Group Limited for the permitted 5-year extension period, giving a contract end date of 30th April 2028, with the exception of the Access to Care services which will be extended for a 1 year extension period ending on 30th April 2024. Wiltshire Council will now extend their services included within the tender for a period of 1 year, to 30th April 2024. Wiltshire Council will seek to make their own arrangements for these service from that date.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
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 is 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) 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:
The extension is permitted, amongst other reasons, because:
1. The extension is not substantial. It represents a modest (c.£3M against a total value of c.£19M) reduction in the scope of the services for the duration of the optional extension. This modest reduction in services during an optional extension period does not render the contract materially different in character, would not have affected the outcome of the original procurement, does not alter the economic balance of the contract, and does not extend its scope (Regulation 72(1)(e) and 72(8); and
The need for the extension was brought about by the unforeseeable event of the 111-subcontractor giving notice (Regulation 72(c)).
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
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
23 September 2022
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
Medvivo Group Limited
chippenham
Country
United Kingdom
NUTS code
- UKK1 - Gloucestershire, Wiltshire and Bristol/Bath area
Justification for not providing organisation identifier
Not on any register
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £81,321,704
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court in London
London
Country
United Kingdom