Agenda item

Report of the Head of Adult Commissioning & Health (ACH/17/57) on the outcome of a recent tendering exercise undertaken, in conjunction with New Devon and Torbay & South Devon Clinical Commissioning Groups, for the Devon Independent Living Integrated Service (DILIS) for the provision of Community Equipment, Assistive Technology and Minor Adaptations, as well as information, advice and signposting services,attached.

(Councillors Connett, Julian and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the Head of Adult Commissioning & Health (ACH/17/57) on the background to, process for and evaluation of a recent tender exercise undertaken in conjunction with partner organisations for the Devon Independent Living Integrated Service (providing Community Equipment, Assistive Technology and Minor Adaptations and information, advice and signposting services) replacing two existing contracts.

The Cabinet was advised that tenders had initially been sought for the Devon Independent Living Integrated Service contract in December 2013 but that  exercise had to be aborted. Extensive work had subsequently been undertaken by the DILIS Project Group to ensure any future tender documentation was robust and would deliver outcomes required by the Commissioners and  reduce the risks associated with any procurement.  Consequently a new Invitation to Tender had been advertised in June 2016 on behalf of the County Council, NHS Northern, Eastern and Western Devon Clinical Commissioning Group and NHS South Devon and Torbay Clinical Commissioning Group (the Commissioners).  Any ensuing contract ( for a 5 year term with an option to extend for up to a further 2 years)  would be between the County Council and the successful bidder.

The total estimated value of the contract would be approximately £41,000,000 (over the full 7 year term) acknowledging this was a demand led service where volumes of business could fluctuated through a range of factors as recognised and amplified in the Reports now submitted.

The Head of Service recommended the proposed way forward as it would support the personalisation agenda by improving the way people could directly access a range of equipment and other practical products and services to promote independence and help them maximise their independence and safety without the need to contact statutory authorities.  All of the Commissioners were committed to securing a provider who could recognise and meet the particular challenges associated with supplying services to adults, children and young people with varying levels of need in a large rural county, including hard to reach areas.  He confirmed also that all necessary transitional arrangements would now take place during the ‘mobilisation’ period.

It was then MOVED by Councillor Hart, SECONDED by Councillor Hughes, and

RESOLVED that the press and public be now excluded from the meeting during subsequent discussion on this matter under Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 3 of Schedule 12A of the Act namely, the financial or business affairs of a preferred bidder or tenderer for the provision or supply of council goods or services, and in accordance with Section 36 of the Freedom of Information Act 2000, by virtue of the fact that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

[NB: The following part of the Cabinet’s proceedings on this matter took place, as summarised below, in accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 during which the press and public were excluded; no representations having been received to such consideration under Regulation 5(5) of the aforementioned Regulations].

The Cabinet then received the Report of the Head of Adult Commissioning & Health (ACH/17/58) on the outcome of the procurement process and the evaluation of the three tenders received, to facilitate the contract award.

Members were advised that the procurement process had been conducted in accordance with all relevant legal requirements, best practice principles, the procedures detailed in the tender documentation and the principles of transparency, equality, fairness and proportionality as stipulated by the Public Contracts Regulations 2015.  The process had also been subjected to robust peer review of outcomes with evaluation of scoring being moderated by the Devon Audit Partnership.

Following discussion of Report ACH/17/58 and having had regard to the information therein,  the Cabinet was of the view that the press and public need no longer be excluded from the meeting during its final determination of the matter and:

It was then MOVED by Councillor Hart, SECONDED by Councillor Hughes, and

RESOLVED that the press and public be now readmitted to the meeting. 

Following further comment and discussion and in replying to the debate, the Cabinet Member for Adult Social Care & Heath Services commended the recommendations now before the Cabinet.

The Head of Service’s Report also referred to the  Impact Assessment produced prior to the  procurement exercise which was referred to and acknowledged, which had been made available for the attention of Members at this meeting, in order that the Cabinet might have regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of the Equality Act 2010, where relevant.

The matter having been fully debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, risk management and equality considerations) set out in the Head of Service’s Reports and/or referred to above having been considered, and balancing all of those factors and comments made at the meeting: 

It was then MOVED by Councillor Barker, SECONDED by Councillor Hart,  and

RESOLVED

(a) that the contract for Devon Independent Living Integrated Service (CP1223-15) be awarded to Millbrook Healthcare; and

(b) that the County Solicitor be authorised to execute be authorised to execute all necessary legal agreements or documentation required to be signed or entered into by the Council in respect of this contract.

[NB: The Impact Assessment referred to above may be viewed at:  http://new.devon.gov.uk/impact/].