Mandatory Dental Services - Rapid Commissioning of Additional Units of Dental Activity on behalf of NHS Kent and Medway ICB

Concepts

• dental practice
• maidstone
• additional mandatory dental services activity
• additional activity requirements
• nhs frimley icb
• nhs surrey heartlands icb
• nhs dental providers
• nhs kent
• additional access
• dental activity

Location

Maidstone

Description

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 Kent and Medway 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 Kent and Medway 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 Sussex 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 Kent and Medway was 5P1-1 Canterbury. A transparent, fair and proportionate process was carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners. NHS Kent and Medway 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 Sussex 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 for the pilot were identified from three ICBs, based on additional activity requirements. The priority area identified in Kent and Medway was 5P1-1 Canterbury. The contracts to which modifications have been applied in 5P1-1 Canterbury are:- Mrs Temitope Ilori - 994 Additional UDAs per annum; Mr H Pankhania - 600 Additional UDAs per annum; Peter Chopra - 5,406 Additional UDAs per annum. These variations are recurrent and additional to the provider's existing General Dental Services contract, which is not time limited. A transparent, fair and proportionate process was carried out by NHS South, Central and West Commissioning Support Unit (SCW) on behalf of the Commissioners.

Lot Division

Award Detail

CPV Codes

• 85131000 - Dental-practice services

Indicators

Legal Justification

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. The Services commissioned through this process were healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 (PCR).

Other Information

The services are healthcare services falling within Schedule 3 to the Public Contracts Regulations 2015 ("the Regulations") which are not subject to the full regime of the Regulations, but are instead governed by the "Light Touch Regime" contained within Chapter 3, Section 7 of the Regulations (Regulations 74 to 77).