Learning Disability Community Support Services

Contracts

• Contract 005817-2021-9TZL-RMT61W-1 · Aspire Services (Leeds) Ltd

  Signed

  17 Mar 2021

  Value

  £164,794,960

  Status

  active

  • Change The modification of contracts is governed under the Public Contracts Regulations 2015 at regulation 72. This considers the extent to which a contract may be modified before it should be considered so substantially changed as to necessitate a new contract. It also requires the consideration of the effect of cumulative variations therefore, this needs to be considered in taking this decision. The provisions of Regulation 72 (1b) (i) & (ii) provide an exception "where all of the following conditions are fulfilled:- Regulation 72 (1) Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases:- (b) for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor - (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50% of the value of the original contract., Need for additional works, services or supplies by the original contractor/concessionaire: In making this variation the above conditions of Regulation 72 (1b) (i) & (ii) are deemed to be satisfied for the following reasons: (i) Would cause significant inconvenience or substantial duplication of costs for the contracting authority; (ii) The additional period is to cover the uncertainty of the market and to allow time to undertake a future procurement exercise for respite provision; (iii) The request to increase the price to vary the contract period is less than 50% of the value of the original contract. The additional funding does not change the overall nature of the contract and; (iv) Service users have the right to choose who provides these care and support services to them, and they have chosen Aspire. Therefore, at this moment in time, and until procurement options have been pursued, there are no alternative options but to continue with Aspire.

Dispute resolution & review bodies

• The High Court of JusticeReview bodyReview contact point London