Issue details

To purchase a number of block beds across all need types within the Older Persons Residential and Nursing service to support the discharge of clients from hospital with the increase caused by Covid-19; delegate authority to the Corporate Director for Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health, to review the bed and requirements and increase the numbers purchased providing the total cost remains within the approved limit of £2,494,828.44; and delegate authority to the Corporate Director for Adult Social Care to take other relevant actions, including but not limited to finalising the terms of and entering into required contracts or other legal agreements, as necessary to implement this decision.

Legal Implications (expanded)

This is being procured under Procurement Policy Note (PPN 01/20) was released in March 2020 setting out information and associated guidance on the public procurement regulations and responding to the current coronavirus, COVID-19, outbreak.

The regulation states that: in responding to COVID-19, contracting authorities may enter into contracts without competing or advertising the requirement so long as they are able to demonstrate the following tests have all been met:

1) There are genuine reasons for extreme urgency, eg: you need to respond to the COVID-19 consequences immediately because of public health risks, loss of existing provision at short notice, etc;

• you are reacting to a current situation that is a genuine emergency - not planning for one.

2) The events that have led to the need for extreme urgency were unforeseeable, eg:

• the COVID-19 situation is so novel that the consequences are not something you should have predicted.

3) It is impossible to comply with the usual timescales in the PCRs, eg:

• there is no time to run an accelerated procurement under the open or restricted procedures or competitive procedures with negotiation;
• there is no time to place a call off contract under an existing commercial agreement such as a framework or dynamic purchasing system.

4) The situation is not attributable to the contracting authority, eg:

• you have not done anything to cause or contribute to the need for extreme urgency.