GP Services (GMS) for The Birchwood Surgery, Letchworth, Hertfordshire

Concepts

• hertfordshire
• health and social work
• nhs east
• letchworth
• north hertfordshire ccg
• birchwood surgery
• north hertfordshire
• partnership of birchwood surgery
• gp services
• federation of gp practices

Location

Hertfordshire: Hoddesdon

Description

NHS East and North Hertfordshire CCG’s (the CCG) predecessor Primary Care Trust awarded a contract for primary GP services (GMS) for The Birchwood Surgery, Letchworth (the Contract). The Contract was awarded to the Partnership of Birchwood Surgery as comprised from time to time (Partnership) commencing 27 February 2004. Birchwood Surgery is a member of 12 Point Care Limited, a federation of GP Practices (Federation). The current partners are no longer willing to continue as contract holders and have agreed with directors of the Federation that the directors will become partners to provide senior management support and permit the existing partners to step down and continue as salaried GPs or retire. The CCG and Partnership then intend to novate the Contract to the Federation. The CCG considers that the novation of the Contract is permitted without needing a new procurement in accordance with Reg 72(1)(d) Public Contracts Regulations 2015 for the reasons set out in this notice.

Total Quantity or Scope

NHS East and North Hertfordshire CCG’s (‘the CCG’) predecessor Primary Care Trust awarded a contract for primary GP services (GMS) and other primary medical services for The Birchwood Surgery, Letchworth, Hertfordshire (‘the Contract’). The Contract was awarded to the Partnership of Birchwood Surgery as comprised from time to time (‘Partnership’) and commenced on 27 February 2004. Birchwood Surgery is a member of 12 Point Care Limited, a federation of GP Practices (‘Federation’). The current partners have advised the Commissioners that they are no longer willing to continue as contract holders and have issued a letter of intention to resign the Contract. In order to maintain continuity of the care currently being delivered to patients registered at The Birchwood Surgery, the Contract will be novated to the Federation. The Commissioners consider that the novation of the Contract to the Federation is permitted without needing a new procurement in accordance with Regulation 72(1)(d) of the Public Contracts Regulations 2015 for the reasons set out in this notice. NHS England/Improvement is the relevant counterparty to the Contract however the CCG possesses decision-making authority regarding the modification of the Contract pursuant to delegated arrangements and is able to agree to the novation on NHS England/Improvement’s behalf

Award Detail

CPV Codes

• 85000000 - Health and social work services
• 85121100 - General-practitioner services

Legal Justification

The variations to the Contract described above are permitted without needing a new procurement procedure in accordance with Regulation 72(1)(d)(ii) (replacement of contractor) of the Public Contract Regulations 2015 insofar as this Regulation is relevant to contracts that fall within Chapter 3, Section 7 of the PCR (contracts for social and other specific services). The proposed novation of the Contract to the Federation is permitted under 72(1)(d)(ii) as it would amount to a universal succession by the Federation into the position of the initial contractor (the Partnership) following a takeover by the Federation of all the Partnership’s business activities. The Partnership’s sole activity is to deliver the Contract and therefore, by taking over the Contract, there is a takeover by the Federation of the entirety of the business activities of the Partnership. Further, the Birchwood Surgery is already a member of the Federation and at the point of the novation the partners will comprise only the same individuals who are the directors of the Federation so there will be no change in the guiding minds behind the Birchwood Surgery following the novation.

Other Information

** PREVIEW NOTICE, please check Find a Tender for full details. ** Whilst section V.2.1 of this notice refers to a contract award decision, the CCG is not in fact awarding a new contract, but is making an amendment to an existing one.