Section one: Contracting authority/entity
one.1) Name and addresses
NHS Devon Integrated Care Board
Aperture House, Pynes Hill, Rydon Lane,
Exeter
EX2 5AZ
Country
United Kingdom
Region code
UKK4 - Devon
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 Devon - Intention to modify contract for Termination of Pregnancy Services (TOPS) in Devon
Reference number
15N-CT-2020
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 to provide notice of the Contracting Authority's intention to modify an existing contract for 'Termination of Pregnancy Services (TOPS). The contract will be modified with the incumbent provider, Marie Stopes Reproductive Choices, to provide the services within the Devon area, due to a material change in the value of the contract resulting from increased activity levels.
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: £5,919,695
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKK4 - Devon
Main site or place of performance
Devon
two.2.4) Description of the procurement
This is a Voluntary Ex-Ante Transparency Notice to provide notice of the Contracting Authority's intention to modify an existing contract for 'Termination of Pregnancy Services (TOPS). the contract will be modified with the incumbent provider, Marie Stopes Reproductive Choices, to provide the services within the Devon area due to a material change in the value of the contract resulting from increased activity levels
The current contract was competitively procured in 2019 and went live on 1st April 2020 with an end date of 31st March 2025 and potential extension to 31st March 2027. Since the original procurement, activity levels have increased both nationally and in Devon at a significant rate year on year. As the contract involves activity-based payment this increased activity has led to a material change in the value of the contract.
The contract was originally procured based on activity from the preceding years with a maximum value of £2,755,801 for the total contract, including the extension period. Based on cost to date and projected costs using more recent averages, the total value of the contract, including the extension option, is now projected to be £5,919,695.
On the basis that this increase is due to activity levels, that would have applied regardless of provider, and not any other change to the terms of the contract, the decision has been taken to continue with the current contracted provider in line with the original contract dates. A further competitive procurement process will not be undertaken.
two.2.11) Information about options
Options: Yes
Description of options
Option to extend current contract for a further 24 month period until 31st March 2027
two.2.14) Additional information
In line with best practice, the Authority will apply a voluntary 10-day standstill period from the publication date of this Notice before awarding the contract, pursuant to Regulation 99 (3) (c) of the Public Contract Regulations 2015 (as amended (EU Exit) 2020 etc.)
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:
Modification of existing contract, without further competition, to reflect increased activity levels and subsequent material increase in contract value.
The increased value of this contract is as a result of significantly increased activity levels. This has been reflected in TOPs activity nationally and is not a result of any action taken by NHS Devon ICB or a change in the terms of the contract as originally awarded.
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/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
1 April 2020
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
Marie Stopes Reproductive Choices
1 Conway Street, Fitzroy Square
London
W1T 6LP
Country
United Kingdom
NUTS code
- UKI - London
Charity Commission (England and Wales)
265543
Internet address
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £2,755,801
Total value of the contract/lot/concession: £5,919,695
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court of Justice England and Wales
The Strand
London
WC2A 2LL
Country
United Kingdom