Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 17, 2024

Purpose:

Content: 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: