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RESOLVED: Cabinet;
1.    
Agreed that the current procurement exercise is
stopped and changed, and a short-term arrangement is sought with
the existing provider under Section 75 of the NHS Act
2006.
2.    
Agreed the use of a Section 75 (NHS Act 2006)
Agreement to commission and deliver the West Northamptonshire
Sexual and Reproductive Health Service, in partnership with
existing provider for three years (commencing from 1st April 2025
to 31st March 2028), with the option to have a fall-back approval
to conduct an open procurement process in the event a Section 75
(NHS Act 2006) arrangement is not agreed upon with the existing
provider.
3.    
Approved establishing a joint management board
between the provider trust and West Northamptonshire local
authority to oversee the writing of the Section 75 (NHS Act 2006)
agreement and developing a joint accountability
framework.
4.    
Delegated authority to the Director of Public Health
to manage the agreement, monitor performance, outcome, and any
variations in the service delivery to ensure the Sexual and
Reproductive Health needs of the population are met.
 
REASONS RESOLVED:
 
Following the soft market
assessment, it has been observed that we have challenges in
procuring a robust and desirable tendering to the marketplace that
can offer best value for money and guarantee implementation from
1st April 2025. Not achieving this will disrupt the continued
delivery of the service and put our population’s sexual and
reproductive health at risk. Therefore, alternative commissioning
arrangement options have been appraised and recommended,
recognising that a short-term Section 75 (NHS Act 2006)
arrangement, with the existing provider will address the challenges
identified by the potential providers; and allow the commissioning
and procurement team to obtain all intelligence and data on West
Northamptonshire performance and delivery for a smoother future
procurement.
 
ALTERNATIVE OPTIONS:

·      
Option 1: Continue with competitive procurement
process and award a contract for up to 8 years commencing from 1st
April 2025

·      
Option 2: A section 75 (NHS Act 2006) agreement with
the current sexual health service provider: