Issue details

Proposed decision: Award contracts for the Kent Carers’ Support Service to the successful provider(s) identified as part of the procurement process, approve a direct award of the Carer’s Short Breaks contract for a period of four months (from 1 April 2026 to 31 July 2026) and approve a modification in the form of a contract extension for a period of four months (from 1 April 2026 to 31 July 2026) for Community Navigation Services (Part B)

Reason for the decision

A key decision (decision number 24/0113) was taken on 31 January 2025 to start the procurement exercise for a new Carer’s Support Services Contract, combining the current Carers’ Short Breaks and Community Navigation (Part B) services.

The new Carers’ Support Service Contract is split into two Lots – Lot 1 for East Kent and Lot 2 for West Kent.

Procurement for the Carers’ Support Service was undertaken and tenders were given from 30 June and 1^st August to submit.  Following formal evaluation of the bids submitted as part of the procurement exercise identified neither tenderer met the individual minimum thresholds required for specific quality-related questions submitted for Lot 1 (East Kent), therefore Lot 1 was deemed not successful. Procurement for Lot 2 (West Kent) was successful.

Advice from the council’s Commercial and Procurement division is that a further procurement exercise will need to be undertaken for Lot 1.

Kent County Council has statutory responsibilities under The Care Act 2014 which include assessing the needs of any adult (cared for or carer) with an appearance of need for care and support, and arranging services where appropriate to meet the unmet eligible needs of adults living in Kent. Currently the Community Navigation Services (Part B) and Carers’ Short Breaks contracts support the council to meet this duty until 31 March 2026.

This decision seeks to award contracts to successful providers for Lot 2 and extend the current contractual arrangements for Community Navigation Services (Part B) and Carers’ Short Breaks for a four months (from 1 April 2026 to 31 July 2026) to allow a further procurement exercise to be undertaken for Lot 1 (East Kent).

Background – Provide brief additional context

The Kent Adult Carers’ Strategy 2022 to 2027 describes how Kent County Council will work with all partners to make changes to improve the experiences of unpaid adult carers in Kent. It was developed in partnership with carers, people who draw on care and support, carers organisations, staff, and county councillors.

Kent’s strategy for Adult Social Care – ‘Making a Difference Every Day Kent Adult Carers’ Strategy sets out the vision: ‘Making a difference every day by supporting and empowering you to live a fulfilling life whilst being a carer, as long as you are willing and able’

Building on the Kent Adult Carers Strategy the Carers’ Support Service aims to deliver an improved offer introducing a single point of access for carers which will be promoted and marketed. Carers told us this is important. The Carers’ Support Service ensures a greater focus on the benefits of completing a carers assessment so we can better understand the needs of carers, it will also introduce a wider reach into all parts of the community across Kent resulting in better outcomes and positive impact for protected groups.

Options (other options considered but discarded)

Following the unsuccessful procurement for Lot 1 the option of ‘doing nothing’ was considered, however it was quickly dismissed.  Without a new contract in place to support carers across the county it will have a negative impact on carers put the council at risk on both a financial basis and with regard to meeting statutory duties.

• Option 1

Undertake a negotiation and direct award for Lot 1 with one of the bidders for Lot 2 who met the minimum quality threshold.  This would be a short process.

• Option 2

Undertake a competitive process, in the form of a procurement exercise, for Lot 1. 

Option 2 is the preferred option as it will ensure KCC is achieving best value and the required level of quality for this contract.

How the proposed decision supports the Council’s Strategic Statement

The proposed decision aligns with Priority 5 of Reforming Kent – the Council’s Strategic Statement by recognising and supporting the needs of carers and engaging with carers’ support groups around the support and recognition carers can be provided

Financial Implications

The four month extension to the existing contracts would be on the same terms and conditions at the same price.  Therefore, no increase in cost.

The annual price for Lot 2 is £2,647,176 and will be up to £18,530,235 over the lifetime of the contract  (initial three years including the two-two year extension options).

The annual price for Lot 1 will not exceed the maximum value of £3,360,400 and will be up to £23,522,800 over the lifetime of the contract.  The combined lifetime contract value will not exceed £42,053,035.

This is a fixed price contract to ensure budget predictability and prevents overspend. KCC will pay 1/12 of the budget each month to avoid large upfront payments, which is also in line with other prevention contracts. Providers are encouraged to use resources efficiently to meet the high demand for services, ensuring value for money.

The use of the Supplier Incentive Programme has been utilised in this procurement.

Legal Implications

KCC has statutory responsibilities under The Care Act 2014 include assessing the needs of any adult (cared for or carer) with an appearance for care and support and arranging services and where appropriate meeting the unmet eligible needs of adults living in Kent.  Where it appears to the local authority that a carer may have needs for support (whether currently or in the future), a carer’s assessment must always be offered.

In summary, the services are necessary and have allowed KCC to recommission a new carers offer that better meets the needs of carers.

A short term contract extension will be awarded to the incumbent suppliers of the Carers Short Breaks contract, and Community Navigation (Part B) contract for a period of 4 months. The short term extensions enable KCC to complete the re-procurement of a joint service. By awarding the short term extension, it mitigates any loss in the provision of service while the re-procurement is underway. In addition, it will also enable ample mobilisation time for the winning bidder.

A contract extension of the Carers Short Break contract for a period of 4 months from 01 April 2026 to 31 July 2026 is in accordance with the relevant justifications set out in Regulation 72(1)(b)(c) of the Public Contract Regulations 2015.

A contract extension of the Community Navigation (Part B) contract for a period of 4 months from 01 April 2026 to 31 July 2026 is in accordance with the relevant justifications set out in Regulation 72(1)(b)(c) of the Public Contracts Regulations 2015

Procurement Regulations Implications

Regulation 72 (3) of PCR2015, requires Contracting authorities which have modified a contract in either of the cases described under Regulation (1)(b) and (c), as is recommended in this paper, should send a notice to that effect for publication, in accordance with Regulation 51. The risk to the council is that an alternate service provider may bring a legal challenge, arguing that the modification of the services does not satisfy Regulation 72. Officers will mitigate the risk of such a challenge by publishing a VEAT Notice on the central government "Find a Tender Service". This will notify the market of the council's intention to extend these contracts under Regulation 72 while a re-procurement for the failed lot is carried out. A 10 day standstill period will then commence before formally awarding the contract extensions.

Commissioners will follow the procurement regulations and Spending the Council’s Money in relation to any procurement that is undertaken.