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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 Health and Adult Social Care

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

Documents

  • Extension of Contract for Long-Acting Reversible Contraception  

 

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