Direct Award of Contracts for Services for People with Complex Needs

Torbay Council is currently embarking on a new and locally experimental model of commissioning an alliancefor complex adults. The scope of which will include drug and alcohol treatment services, domestic abuse andsexual violence services and supported housing. Because of the novel nature of commissioning and procuringthese services, there are large aspects that are untested and therefore need a comprehensive level of rigourapplied to test the process.

It was initially anticipated that any new service contracts would commence on 01 October 2020 and contractswith existing providers were awarded directly, following publication of a previous VEAT notice.

Since March 2019 the Council has been working extensively with the market, to establish the Alliance principlesand model. In addition, since this time a new Council administration has been put in place and consultation withelected members, has been on-going. This has impacted on timescales for decision making and agreement of budgets, resulting in a delay to the originally proposed contract start date. The necessary procurement process is due to commence in May 2020, with an anticipated contract start date of 06 June 2021.

As a result Torbay council proposes to issue directly award nine month contracts to incumbent providers, subject to internal approval, to provide stability in the system whilst this innovative procurement is undertaken.

• Drugs and Alcohol (Torbay & South Devon NHSFT)
• Leonard Stocks Hostel Provision (Langley House Trust)
• Torbay Domestic Abuse Services (Sanctuary Supported Living)

Additional information:

Negotiated procedure without prior publication

The works, supplies or services can be provided only by a particular economic operator for the following reason:

• absence of competition for technical reasons

Explanation:

The Authority not yet entered into new contracts with these suppliers & is advising the market that, subject to internal approval & outcome of this VEAT process, is intending to do so.

We are awarding contract without prior publication under paragraphs 2(b)(ii) & 5 of Article 32 of Directive 2014/24/EU. The technical reason 2(b)(ii) being that setting up an Alliance for future contracting is a new approach, which will require sufficient time to engage with the market to ensure they fully understand the concept & the culture shift required to work in this way. It was initially anticipated that any new service contracts would start on 01 Oct 2020 & contracts with existing providers were awarded directly, following publication of a previous VEAT.

Since March 2019 the Council has been working extensively with the market to establish the Alliance principles & model. In addition, since then a new Council administration has been put in place & consultation with elected members has been on-going & has impacted on timescales for decision making & agreement of budgets, resulting in a delay to the originally proposed contract start date. The necessary procurement process is due to start in May 2020, with an anticipated contract start date of 07 June 2021. This will include time required for Alliance members to adapt to this new way of working & develop a new service model prior to commencing delivery.

The Council has a duty to provide these services & cannot be without provision for any period of time. Procurement of a short term arrangement to meet needs whilst requirements are properly established is not considered practical as it:

Will remove focus from the procurement of the alliance & the considerable market development needed which could result in further delays to commissioning new services.

Will result in additional cost & inconvenience to the authority & suppliers who would be required to participate in 2 procurements rather than 1.

Is in the best interests of the people already using the services to keep to a minimum the number of times they need to transition from one service provider to another.

In accordance with para. 5 of Article 32 of Directive 2014/24/EU the new contracts will provide identical services to those being delivered by the suppliers under contracts, which were procured in accordance with Article 26 of Directive 2014/24/EU or awarded in accordance with Article 12 of Directive 2014/24/EU.

Due to the Coronavirus COVID-19 pandemic, the Council is unsure at this time whether the timescales for this new procurement process are achievable. In the event that the pandemic results in delays to the procurement process, the Council will publish a revised timetable, when this can be established.