Proposed decision
To recommission the Older Persons Residential and Nursing (OPRN) care service and to extend the current Dynamic Purchasing System contract arrangements for a potential further period of up to nine months to enable the awarding of new contracts and mobilisation of the procurement of the OPRN under a new Light Touch Open Framework.
Reason for the decision
The current contract, introduced in 2016 and extended via a 24-month direct award to March 2026, operates under a Dynamic Purchasing System (DPS). While the DPS has offered flexibility, it has led to growing price variation, limited market control, and challenges in monitoring quality and performance.
Significant changes in care needs, regulatory requirements, and service costs now require a more sustainable and structured model, in line with the Procurement Act 2023. The proposed solution is a new Open Framework aligned with KCC’s strategic priorities and key policies such as Framing Kent’s Future, Making a Difference Every Day, and the Accommodation Market Position Statement.
Approval is sought to proceed to tender and secure a fit-for-purpose model that delivers sustainable, high-quality care and improved outcomes for Kent’s older population, as well as the potential to extend the existing OPRN DPS for a further period of up to nine months.
Background – Provide brief additional context
In 2014, the Council re-let the then 12-year-old Residential and Nursing Care contract using a two-stage procurement process. The first stage involved a cost model review, which re-evaluated care home costs and established new guide prices for Residential, Residential High, and Nursing Care.
To support the transition and prepare both the market and the Council for the anticipated major changes linked to Phase 2 of the Care Act 2014, an 18-month contract was introduced in October 2014. This short-term contract ended on 31 March 2016.
On 1 April 2016, the current Older Persons Residential and Nursing (OPRN) Care contract commenced. It was initially set for four years, with the option of two extensions of 24 months each. Both extension periods have been fully utilised, and the contract had no provision for further extensions beyond 31 March 2024.
On 18 January 2024, the Adult Social Care Cabinet Committee approved a 24-month direct award, ensuring continued service provision until 31 March 2026.
Over the past decade there have been significant changes in care needs, regulatory requirements, workforce challenges, service delivery expectations and service costs.
This project aims to respond to Framing Kent’s Future, 2022-2026, by considering the Council’s priority of New Models of Care and Support by recognising the importance of health and social care integration, building effective strategic partnerships with our providers through coproduction whilst being innovative in the way we look to redesign services to improve quality and respond to budget constraints.
It is the Council’s priority to establish new arrangements to continue providing affordable accommodation, care, support and stimulation to those people in the client group for whom it is appropriate, either in the short or longer term, to live in a Residential or Nursing Home setting as their own home, ensuring a sustainable local market for care services (s5 Care Act 2014). This does not preclude the council developing its own homes but current contracts need to be renewed for the current externally commissioned placements.
The expectation is to commence contract award for the new service under the Light Touch Open Framework, from 1 April 2026. However to ensure continuity of provision the council may require the existing arrangements to enable the completion of the procurement.
Options (other options considered but not taken forward)
Before deciding on the preferred way forward, the following options were considered:
Option 1: Do Minimum
Scope |
OPRN Care Homes – contracted, non-contracted and future requirements |
Description |
Continue as we are (DPS):
Maintain the existing Dynamic Purchasing System (DPS) for OPRN placements. Providers submit updated prices twice a year and placements continue under legacy arrangements.
|
Pros |
No major system changes needed- Administrative continuity- Existing provider familiarity |
Cons |
|
Recommendation |
Not recommended due to high-cost pressure, poor market control, and fragmented oversight |
Option 2: Less Ambitious
Scope |
OPRN Care Homes – contracted, non-contracted and future requirements |
Description |
Expand in-house provision and/or enter a series of block arrangements through direct awards:
Increase Council-operated residential/nursing capacity and secure block beds via direct awards.
|
Pros |
Greater control over quality and delivery- Predictable costs through block rates- Ability to target capacity to priority areas |
Cons |
|
Recommendation |
Not recommended as a primary model due to high financial/resource burden and limited scalability |
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
The recommissioning of the Older Peoples Residential and Nursing (OPRN) provision will align with KCC’s four strategic priorities outlined in Framing Kent’s Future: Our Council Strategy 2022-2026, which include: -
a) Levelling Up Kent: Addressing disparities to ensure all People have access to quality services.
b) Infrastructure for Communities: Investing in infrastructure that supports community needs.
c) Environmental Step Change: Promoting sustainable practices across services.
d) New Models of Care and Support: Innovating care delivery to meet evolving needs.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy.pdf
The proposed decision aligns with the ambitions set out in Framing Kent’s Future to place Kent on a sustainable footing for the medium and long term
Decision type: Key
Decision status: For Determination
Notice of proposed decision first published: 24/06/2025
Decision due: Not before 23rd Jul 2025 by Cabinet Member for Adult Social Care and Public Health
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead member: Cabinet Member for Adult Social Care and Public Health
Lead director: Richard Smith
Department: Social Care, Health & Wellbeing
Contact: Paula Parker, Transformation Lead Email: paula.parker@kent.gov.uk.
Consultation process
The proposed decision was considered and endorsed by the Adult Social Care and Public Health Cabinet Committee on the 8 July 2025.
Financial implications: The annual value of the new contract will be circa £222m and the lifetime value of the contract (including the 4 year extensions) will be circa £1.78bn. There is no anticipated reduction in the overall budget, the project aims to achieve cost avoidance. Failure to implement the new framework could result in significant budget variances over the lifetime of the contract with potential to escalate from £15.8 million in Year 1 to £50.3 million by Year 4. Implementing the new framework is projected to reduce these variances substantially, highlighting the importance of financial planning and control.
Legal implications: Under Regulation 34 (Dynamic Purchasing Systems), Contracting Authorities, are permitted to extend the period of validity of Dynamic Purchasing Systems (DPS). Regulation 72 (Modification of Contracts during their term) permits Contracting Authorities to modify contracts and framework agreements, without a new procurement procedure. External Legal Advice has been obtained verbally about extending the contracts. The council is advised to issue a VEAT Notice informing the market of its intention to extend the current Dynamic Purchasing System. An external legal firm has been instructed to draft new Care Service terms and conditions to manage placements for both framework and non-framework call-offs.
Equalities implications: Equalities implications Equality Impact Assessment (EqIA): A full Equality Impact Assessment (EqIA) was completed and formally signed off by the EqIA Team on 7th February 2025.It confirmed that the new service model is designed to promote equity of access, ensure fairness in placement decisions, and address any potential disparities in service delivery across different localities in Kent. Data Protection implications Data Protection Impact Assessment (DPIA): A Data Protection Impact Assessment (DPIA) was signed off by the Council’s Corporate Director, Adult Social Care and Health on 12 March 2025. It was subsequently submitted to the Data Protection Officer (DPO) Support Team for further review prior to final approval by the Information Asset Owner (IAO). The DPO Support Team raised a few queries, which the project team has addressed. A response has been submitted, and we are currently awaiting further feedback to progress the DPIA to final sign-off.