Primary care dental services for the population of Scarborough, North Yorkshire

CPV: Dental practice and related services · Health and social work services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

7 Sept 2021, 16:46 BST

Last source update

7 Sept 2021, 16:46 BST

Authority reference

NHSE538

FTS notice number

2021/S 000-022186

Classification (CPV)

Dental practice and related servicesHealth and social work services

Delivery area

Yorkshire & Humber (UKE)

Official registry OCID

ocds-h6vhtk-02de19 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

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.

• Falsgrave Dental SurgeryAwarded supplier 21 Falsgrave Road, Scarborough, Yorkshire & Humber, YO12 5EA

No document links were published on the notice.