Issue details
Extension of Contract for Long-Acting Reversible Contraception
Purpose of Report: To seek Executive approval to extend the
provider’s current Long-Acting Reversible Contraception
(“LARC”) Services, by directly awarding a brand new
contract for provision of the same for a further two years to June
2024 without re-advertising the service through tender exercise
under the Public Contract Regulations 2015 (“PCRs” or
the Council’s Contract Procedure Rules
(“CPRs”).
The Executive will be asked to:
• Award the direct award of a brand new LARC Services contract
to NIMBUSCARE for 2 years without first carrying out any
competitive tender or request for quotes under the PCRs and/or
CPRs
• Sign off the financial envelope on the combined budget of
£888,692.75
Decision type: Non-key
Decision status: Decision Made
Wards affected: (All Wards);
Notice of proposed decision first published: 29/11/2021
Level of Risk: 04-08 Regular monitoring required;
Decision due: 13/01/22 by Executive
Lead member: Executive Member for Adult Social Care and Public Health
Lead director: Director of Public Health
Department: Directorate of Public Health
Contact: Sharon Stoltz, Director of Public Health Email: anita.dobson@york.gov.uk Email: sharon.stoltz@york.gov.uk.
Consultation process
Within CYC procurement, finance and legal colleagues have been
consulted and their full comments are included in the main
report.
Consultees:
Finance: Support the extension of current contract with Nimbuscare.
LARC recharges are based on activity and there is currently
sufficient budget to cover the cost.
Procurement: Support the ambition to achieve a fully integrated
sexual health provision across the city which would mean
commissioning both LARC and the Integrated Sexual Health Service
through one procurement exercise. In order to achieve this goal
alongside the inclusion of the ICS commissioning requirements for
LARC then procurement supports the extension of the contract
through the submission of a waiver for the contract period 1st July
2022 to 30th June 2024.
Legal: Wish to help facilitate a LARC service solution for Public
Health to meet service need. Supportive of long term intention to
incorporate LARC services into integrated sexual health
system.
Legal team advice here however that proposed direct award
arrangement subject of the report does not comply with competition
requirements required by the Public Contracts Regulation 2015
(“PCRs”). As such, if approved, we would highlight that
there is a resulting risk of legal challenge to the Council, and
that and the decision to carry out the technically non-compliant
direct award process will be in the public domain. Decision makers
would need to be content with the risk and the public nature of PCR
non-compliance.
Equality Impact Assessment Completed?: Yes
Decisions
Agenda items
- 13/01/2022 - Executive Extension of Contract for Long-Acting Reversible Contraception (LARC) 13/01/2022
Documents
- Extension of Contract for Long-Acting Reversible Contraception