Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Rotherham Metropolitan Borough Council
Financial Services
ROTHERHAM
S601AE
UK
Contact person: Angela Wilson
Telephone: +44 1709334551
E-mail: Angela-proc.Wilson@rotherham.gov.uk
NUTS: UKE31
Internet address(es)
Main address: www.rotherham.gov.uk
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Extended Services (Short Breaks) Provision for Children and Young People with SEND
Reference number: 23-197
II.1.2) Main CPV code
85000000
II.1.3) Type of contract
Services
II.1.4) Short description
Extended Activities including after school clubs, and school holiday provision (Short Breaks) for children and young people with Special Educational Needs and Disabilities (SEND).
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
734 050.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
80340000
80410000
85100000
85320000
98000000
II.2.3) Place of performance
NUTS code:
UKE31
Main site or place of performance:
Rotherham
II.2.4) Description of the procurement
Extended activities including after school clubs, and school holiday provision (short breaks) for children and young people with Special Educational Needs and Disabilities (SEND) for 3 years with an option to extend up to a further 2 years.
The total contract value indicated excludes vat and is based on the maximum contract duration of 5 years being taken. The value indicated also excludes uplifts due in years 4 & 5 which are index based if the contract is extended.
II.2.5) Award criteria
Price
II.2.11) Information about options
Options:
Yes
Description of options:
Option to extend for up to 2 years after the initial 3 year contract period.
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights
Explanation
The Council in good faith considers that the award of the contract without prior publication of a contract notice is permitted by Part 2 of the Public Contracts Regulations 2015 (as amended)
.
The Council's justification is that, it considers the services to be delivered under the contract can only be provided by a particular economic operator (i.e. the provider) for the following reason: protection of exclusive rights under Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015.
.
Rotherham's Special Educational Needs students require after school clubs in specialist settings ideally where students are already situated due to their school placement. This avoids huge disruption in a child's day in relation to negating the need to transport them to another provider. This is particularly important for children and young people with Autistic Spectrum Disorder (ASD) and Social Emotional and Mental Health (SEMH) related needs who may struggle with change and/or transport.
.
The provider is a multi-academy trust which encompasses a number of Rotherham schools for children with special needs including facilities for children with complex needs.
.
The provider holds exclusive rights and the intellectual property to their schools and utilises their experienced and specialist workforce to deliver a service that meets the needs of this cohort.
.
The provider has access to specialist equipment and accessible buildings detailed and environments that can meet children and young people's needs and has built into their employment contracts the requirement to support the staffing in after school clubs. As such there is a ready-made bank of experienced staff with the specialist skills required to support the young people (many of whom they already know).
.
The opportunity to provide the services and the transaction exists solely because of the exclusive rights of the provider.
.
The provider is also able to deliver a range of holiday clubs and activities to the children and young people in their schools in settings that are specialised and familiar to this cohort of young people.
.
The absence of competition is not a result of artificial narrowing down of the parameters of the procurement by the Council.
.
For the technical reasons stated above and given that the provider would not permit an alternative service to be delivered from its premises, it is understood that competition would be absent.
.
There is no reasonable alternative route to acquire the required services.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section V: Award of contract
Contract No: 23-197
Title: Extended Services (Short Breaks) Provision for Children and Young People with SEND
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
28/03/2024
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Nexus Multi Academy Trust
10075893
Enterprise Works, 300 Meadowhall Way.
Sheffield
S9 1EA
UK
NUTS: UKE31
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 734 050.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
The High Court of Justice
London
UK
VI.5) Date of dispatch of this notice
02/05/2024