Proposed decision:Extend the call-off contracts with external providers delivering community day opportunities for Kent residents with a disability for a period of 12 months, from 1 April 2021, and delegate authority to the Corporate Director of Adult Social Care and Health to take relevant actions, including, but not limited to, finalising the terms of and entering into required contracts or other legal agreements, as necessary, to implement the decision.
Reason for the decision:The Community Day Opportunities for Individuals with Disabilities framework contract is due to expire on 31 March 2021, there is no extension clause, and procurement was due to start in 2020. Due to the ongoing situation with COVID, it was not possible to commence any engagement activity. With the situation unlikely to change significantly in the coming months, commissioners will not have the time to conduct a full and proper recommissioning process before the contract ends. It is proposed to start the project in early 2021.The future model of commissioning of these services is dependent on the outcome and recommendations of another programme of work, and both are within the Making a Difference Everyday programme. The recommended course of action, to allow the appropriate time for recommissioning of the future contract, is for the current contracts to be extended for 12 months.
Decision type: Key
Reason Key: Expenditure or savings of more than £1m;
Decision status: For Determination
Division affected: (All Division);
Notice of proposed decision first published: 25/01/2021
Decision due: Not before 2nd Feb 2021 by Cabinet Member for Adult Social Care and Public Health
Reason: in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requirements
Lead member: Cabinet Member for Adult Social Care and Public Health
Lead director: Richard Smith
Department: Social Care, Health & Wellbeing
Contact: Clare Maynard, Head of Commercial and Procurement 03000 416449.
Consultation process
Cabinet Committee consultation planned:The proposed decision was endorsed by the Adult Social Care Cabinet Committee at its meeting on 20 January 2021.
Financial implications: The cost of extending the contracts for 12 months from 1 April 2021 will be up to £7m.
Legal implications: As this procurement directly relates to the Covid-19 situation, we are using the following in line with Regulation 32(2)(c): • extending or modifying a contract during its term. COVID-19 is serious and its consequences pose a risk to life. Regulation 32(2)(c) of the PCRs is designed to deal with this sort of situation. 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, e.g.: 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, e.g.: • the COVID-19 situation is so novel that the conseq
Equalities implications: An EqIA will be undertaken. These services are for a particularly vulnerable residents and a protected group under the Equlaities Act. Key issues identified during COVID: The majority of the day service providers (58%) have been running a hybrid of on-site and remote services.