Mandatory Dental Services - Rapid Commissioning of Additional Units of Dental Activity on behalf of NHS Sussex ICB

This notice relates to the permitted modification of existing contracts under the Public Contract Regulations (2015), to enable additional access to Mandatory Dental Services (MDS) within Sussex ICB on a recurrent basis, in response to recent contract terminations and in accordance with the NHS 2023/24 priorities and operational planning guidance requirement to "Recover dental activity, improving units of dental activity (UDAs) towards pre-pandemic levels".

The Commissioner considers that the modifications are permitted by Regulation 72(1)(c) of the Public Contracts Regulations 2015, where the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen, that the variation of the contracts does not alter the overall nature of the contracts, and that the increase in price of each contract does not exceed the value permitted within Regulation 72(1)(c). The scope of the contract has not been extended as the services provided remain materially the same.

NHS Sussex ICB, working with NHS Buckinghamshire, Oxfordshire and Berkshire West ICB, NHS Frimley ICB, NHS Hampshire and Isle of Wight ICB, NHS Surrey Heartlands ICB and NHS Kent and Medway ICB (collectively the MDS5 Working Group) entered into a rapid commissioning process to secure additional Mandatory Dental Services activity.

This process sought NHS dental providers to deliver increased activity in the form of additional, recurrent Units of Dental Activity (UDAs) as a variation to their existing contract for Mandatory Dental services, in a number of geographic priority areas.

Priority areas were identified from three ICBs, based on additional activity requirements. The priority area identified in Sussex was 5P1-2 Adur, Arun and Worthing.

A transparent, fair and proportionate process was carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.