Decision details

Purpose of Report: The Reablement Service was given approval by Executive in October 2023 to proceed with a competitive tendering process resulting in a new service being implemented from the 1 April 2024. The purpose of this report is to provide an update with regards to the re-recommission of the Reablement Services and to submit a new Procurement timeline that includes a 6-month extension.

Original timelines and new timelines are outlined in the table below:

Task Original timeline New timeline
Finalise specification 1st October 2023 31st January 2024
Issue tender to market 14th November 2023 27th February 2024
Tender evaluation Mid December 2023 4th April 2024– 24th May 2024
Contract award 6th January 2024 24th May 2024
Contract mobilisation Mid-January 2024 31st May 2024
New service commences 1st April 2024 30th September 2024

The Reablement Service is funded by the Better Care Fund and has contributions from both the Council and the ICB. Additional stakeholder engagement has been completed via workshops and multi-agency meetings and this has enabled the specification to be finalised whilst all partners made the necessary contribution to the service specification.

The All-Age Commissioning team currently have two contracts for Rapid Response Services from two different providers and they are both not providing value for money and have different terms and conditions. Seeking approval to combine both Rapid Response services into one contract to simplify complex Reablement and Rapid Response pathways. Furthermore, this option provides an opportunity to secure significant benefits in terms of, obtaining better value for money,
complying with The Council Procedure rules and reduces potential challenge from providers within the market.

The Executive will be asked to approve the continuation of the re-commission of York Reablement Services, with a 6-month extension period to the previous timescales shared. Enabling the contract to complete the tender process, contract award and mobilisation with a new service in place for the 30 September 2024.

Approve the approach to combine both Rapid Response services and contracts into one, as part of the Reablement Service. Tendering both the Reablement and Rapid Response services as one opportunity to the market via a tendering process.

The Council aims to give the same 28 days’ clear notice of non-key decisions as it does for key decisions, but in exceptional circumstances this may not be possible. It has not been possible to give 28 clear days’ notice of the intention to make this decision because the option to combine both Rapid Response services into one service, one contract and one tendering process is a recent development opportunity. This approach provides significant benefits in terms of achieving value for money, consistency of terms and conditions and ensures that the necessary approvals to proceed are obtained. The new timetable for the Reablement re-commission will enable the approach described above to be progressed and implemented.

Resolved:

                      i.         Noted the current progress and delays to the recommissioning of the Reablement Service since the previous report to the Executive attached as Appendix A;

                    ii.         Approved the approach to incorporate the Rapid Response Service into the current re-commission of our Reablement Service through a joint competitive tendering process, joint specification, and joint contract;

                   iii.         Approved the revised Open Procurement Procedure timetable set out at Appendix A;

                  iv.         Approved the extension of the current Reablement Service Contract with HSG;

                    v.         Delegated authority the DASS (and their delegated officers) in consultation with the Chief Finance Officer (151 Officer) (and their delegated officers) to seek Providers from the market for the delivery of the new combined Reablement and Rapid Response Service contract (with an initial term of 2-years, and an option for 2-futher extensions of 1- year each) via an open, fair and transparent competitive procurement process and evaluation criteria in compliance with the new Procurement Timetable at Appendix A of this Report, the CYC CPRs and the Light Touch Regime under Regulations 74 to 76 and Schedule 3 (the “Light Touch Regime”) of Procurement Regs;

                  vi.         Delegated authority to the DASS (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to determine the provisions of the new combined Reablement and Rapid Response Service contract, and to award and conclude the Community Wellbeing contract following an open, fair and transparent competitive procurement process and evaluation criteria in compliance with the new Procurement Timetable at Appendix A of this Report, the CYC CPRs and the Light Touch Regime under the Procurement Regs;

                 vii.         Delegated authority to the DASS (and their delegated officers), in consultation with the Chief Finance Officer (151 Officer) (and their delegated officers) and the Director of Governance (and their delegated officers), to determine the provisions of and conclude any subsequent extensions and/or variations to the new combined Reablement and Rapid Response Service contract in compliance with the new contract’s terms and conditions, the CYC CPRs and the Light Touch Regime under the Procurement Regs; and

               viii.         Delegated authority to the DASS (and their delegated officers), in consultation with the Director of Governance (and their delegated officers), to determine the provisions of and conclude with HSG the 6- month extension to the current Reablement Contract commencing on 1st April 2024 until 30th September 2024, to allow CYC time to commission and transition to the new combined Reablement and Rapid Response Service contract in compliance with the new Procurement Timetable at Appendix A of this Report, the CYC CPRs and the Light Touch Regime under the Procurement Regs.

Reason:    Approval The Reablement Service was given by Executive on 12^th October 2023 to proceed with a competitive tendering process resulting in a new service being implemented from the 1st April 2024.

The Reablement Service is funded by the Better Care Fund and has contributions from both the Council and the ICB. Additional stakeholder engagement has been completed via workshops and multi-agency meetings and this has enabled the specification to be finalised whilst all partners made the necessary contribution to the service specification. Completing this work has caused a delay from the previous timescales submitted.

Further, during this delay period it became clear that there was an opportunity to incorporate the Rapid Response Service into the Reablement Service which would provide efficiencies, improved outcomes, and simplified pathways for people to access both Services. Reducing the need for more costly care such as Residential care.

Tendering both the Reablement and Rapid Response Services together will maximise the use of CYC resources and comply with the CYC CPRs Rules in terms of completing an open, fair, and transparent process.

The market has not been approached since 2017 and 2019 for these services therefore CYC need to ensure we are receiving value for money. This approach also avoids having to complete two separate tendering exercises. The procurement procedure is subject to the Light Touch Regime under the Procurement Regs and will be completed as an Open Procurement Procedure (see Appendix A for the revised Open Procurement Procedure timetable).

Approving both the revised timetable at Appendix A and the proposed 6-month extension to the current HSG Reablement Service contract will provide the necessary additional time to incorporate the Rapid Response Service into the new contract and allow sufficient time to tender, award and mobilise the new joint service with a start date of 1st October 2024.

If the new timetable and proposed extension to the current Reablement Service contract are not approved, then the Reablement Service contract with HSG will expire on 31st March 2024, CYC will have no replacement service in place, and CYC is at risk of breaching its statutory duties under the Care Act 2014.

Further if, CYC do not proceed to the market, it is highly likely that a challenge from providers would be presented as they have, they have not been given the opportunity to bid for new business in a fair, open, and transparent manner. This would be in direct conflict with the Procurement regs and the CYC CPR’s. If provider/s were successful in challenging CYC there could be potential legal fees and additional costs in terms of service provision to be paid. Finally, CYC is at risk of reputational damage if Procurement Regs and the CYC CPR’s are not complied with by not tendering business opportunities as this could be perceived as collusion with particular providers within the market.