Decision Maker: Cabinet Member for Health and Adult Social Care
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To approve the direct award of the contract,
‘Good Sexual Health for People with Learning
Disabilities’ to the current provider, Image in Action, for
one year from 1 April 2019
1.1. That the Cabinet Member for Health and Adult Social Care, acting on advice from the Strategic Director for Social Care, approves a waiver to the council’s CSOs under CSO 3.1 for the requirement to advertise and competitively tender as set out in CSO 10.2.
1.2. That the Cabinet Member for Health and Adult Social Care approves the direct award of a contract to Image in Action to deliver the ‘Good Sexual Health for People with Learning Disabilities’ contract from 1 April 2019 to 31 March 2020.
1.3. That the Cabinet Member for Health and Adult Social Care notes and ratifies the direct award of a contract to Image in Action to deliver ‘Good Sexual Health for People with Learning Disabilities’ from 1 April 2018 to 31 March 2019.
1.1. The waiver of CSOs is requested due to the existing arrangements in place for the service, the value and length of the agreement, the limited provider market, and the need to ensure continuity of service provision.
1.2. The current provider, Image in Action, is well established in the borough, having delivered the service in H&F for over 20 years. Image in Action can continue delivering the service with no additional set-up costs or time required.
1.3. Image in Action has strong, existing networks and relationships in H&F. The service they offer is a specialist service for which there is a limited provider market. The service is well-received by schools, young people, families, and wider partners, and demonstrates excellent outcomes for young people with learning disabilities.
1.4. There is insufficient time to undertake a full procurement exercise before the current agreement expires. A re-tender exercise was not completed in 2018-2019 due to capacity issues within the Public Health team in the move from shared services into Public Services Reform. Priorities this year have focussed on stabilising larger contracts and managing areas of high risk.
1.5. The contract will be reviewed in 2019 and a re-tender exercise will be planned and executed during this period, for a new contract to be put in place from April 2020.
1.6. A direct award will allow sufficient time to undertake a compliant tender exercise and generate interest from the market within the required timescales.
1.7. The ratification of the direct award covering the period 1 April 2018 to 31 March 2019 is requested to formally recognise and approve the contractual relationship between the parties for this period.
1.8. For the above reasons, it is therefore considered that to directly award the ‘Good Sexual Health for People with Learning Disabilities’ contract to Image in Action from 1 April 2019 to 31 March 2020, and to enter a written contract for the period from 1 April 2018 to 31 March 2019, is in the best interests of the council and its residents.
1.9. The provision for such a waiver is allowed under section 3.1 of the CSOs. As the value of the contract is £36,476 per year, the delegated person(s) to agree the waiver are the relevant Cabinet Member(s) acting under advice from relevant Director(s), in this case, the Cabinet Member for Health and Adult Social Care and the Strategic Director for Social Care.
1.10. The contracts will be recorded on the Council’s Contract Register and a departmental record of the decision approving the waiver and the reasons for it, if approved, will be kept in accordance with CSO 18.3.
5.1 Two alternative options were considered in addition to the recommended option. Neither is considered preferable to the recommended option for the following reasons:
Option 1: End current contract
5.2 This is not desirable as this is a well-received and much needed service which achieves improved outcomes for young people with learning disabilities.
5.3 A service review undertaken in 2017 concluded that ceasing the service would be likely to result in an increase in risky sexual behaviour amongst this vulnerable group, including an increased risk of teenage pregnancy, STI’s, inappropriate/ anti-social behaviour, bullying and exploitation.
Option 2: Open procurement
5.4 This is not desirable due to the timescales required to undertake a procurement exercise. An open procurement at this stage would be unlikely to attract market interest (given the short timescale and contract length) and would be disruptive for staff, partners, and service users. In addition, this is a specialist service for which the provider market is limited at present. Market development will be required to generate sufficient interest.
Option 3: Direct award for 2019-20 and ratify direct award for 2018-19
5.5 This is the recommended option which provides stability for residents, an agreed contract and specification with Image in Action, and continuity of service delivery for the year 2019-20. The ratification of a direct award for 2018-19 formally recognises and approves the contractual relationship between the two parties for this period.
Publication date: 06/03/2019
Date of decision: 04/03/2019