GP Services (APMS) for The Limes Surgery, Hoddesdon, Hertfordshire

Concepts

• hertfordshire
• hoddesdon
• general practitioner
• nhs england
• nhs improvement
• north hertfordshire ccg
• gp services
• apms
• limes surgery
• primary gp services

Location

Hertfordshire: Hoddesdon

Description

NHS England and NHS Improvement procured and awarded a contract for primary GP services (APMS) and other primary medical services for The Limes Surgery, Hoddesdon, Hertfordshire (‘the Contract’). The Contract was awarded to Lea Valley Health Limited (‘Lea Valley’) and commenced on 1 February 2018 for an initial 2-year term. The Contract permitted an extension of up to 3 years, provided notice was served to extend the Contract no later than 6 months prior to the expiry date. NHS East and North Hertfordshire CCG (‘the CCG’) achieved delegated status in April 2018 and assumed commissioner status for the contract. In March 2020, the Contract was extended by 2 years to 31 January 2022. The current APMS contract has an extension clause which would enable a further 1-year period extension to 31 January 2023. The parties now intend to extend the Contract by a further 1 year until 31 January 2023. The CCG and Lea Valley then intend to novate the Contract to Zenith Medicare Ltd.

Total Quantity or Scope

Lea Valley have advised the Commissioners that they are winding down their operations in line with the current Contract expiry date of 31 January 2022. In order to maintain continuity of the care currently being delivered to patients registered at The Limes Surgery, the Contract is to be extended to 31 January 2023 and it will be novated to two of the salaried GPs, who are incorporated as Zenith Medicare Ltd. The Commissioners consider that such variations to the Contract are permitted without needing a new procurement in accordance with Regulations 72(1)(a) and 72(1)(d) of the Public Contracts Regulations 2015 for the reasons set out in this notice.

Award Detail

CPV Codes

• 85121100 - General-practitioner services

Legal Justification

The variations to the Contract described above are permitted without needing a new procurement procedure in accordance with Regulations 72(1)(a) (modifications stated in initial documents) and 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). Reg 72(1)(a) applies where a modification has been provided for in the initial procurement documents in clear, precise and unequivocal review clauses where these clauses state the scope and nature of possible modifications as well as the conditions under which they may be used. The proposed extension of the Contract to 31 January 2023 is permitted because at paragraph 1.5 of the ITT it is clear that the Contract was advertised on the basis that it could last a total of 5 years (2 + 2 + 1). The proposed novation of the Contract to Zenith Medicare Ltd is permitted under 72(1)(d)(ii) as it would amount to a universal succession into the position of the initial contractor following a takeover by Zenith Medicare Ltd of Lea Valley’s services. The sole purpose of the takeover by Zenith Medicare Ltd is to run the practice and therefore, by taking over the practice, there is a takeover of the entirety of the business activities of Lea Valley .

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.