NHSWYCIB - Variable Planned Night Care Service

2. II.2.14.1

1. Eligibility for Direct Award Process CThe Record of Decision Making confirms that the service:• is an existing service;• is delivered by an existing provider (Marie Curie Hospice);• is replacing a contract that is due to expire; and• is therefore eligible in principle for Direct Award Process C.The Record also identifies the named decision maker, senior approving bodies, contract value and term, and confirms that no conflicts of interest were declared. This document evidences that the decision was taken consciously and contemporaneously within the PSR framework, rather than by default or assumption.2. No Considerable Change to Contracting ArrangementsThe 2026/27 Service Specifications demonstrate that the proposed contract does not introduce any considerable change when compared with the existing arrangements.In substance:• the service model remains a community based, de medicalised chronic pain pathway;• the population, geography, referral routes, and eligibility criteria are unchanged;• delivery remains with the same hospice provider, using the same integrated model;• there is no expansion, reconfiguration, or transfer of material risk.The ICB actively reviewed the proposed scope, duration, outcomes, delivery model, and risk profile against the existing contract and concluded that none of these elements met the PSR “considerable change” threshold. While the specification is presented in an updated format, the underlying service is materially consistent with the existing contract.3. Provider Performance and Likely Future PerformanceThe Service Review Template – PSR Key Criteria provides detailed, narrative based evidence demonstrating that Marie Curie Hopsice:• is satisfying the current contract to a sufficient standard; and• is likely to satisfy the proposed contract to a sufficient standard.The Service Review assesses performance against all PSR key criteria, including:• Quality and innovation, supported by independently evaluated outcomes and national recognition;• Value and stewardship of public funds, including strong return on investment, system savings, and low cost per QALY;• Integration, collaboration, and sustainability, with delivery embedded across primary care, community services;• Access, inequalities, and choice, with culturally adapted provision targeted at underserved populations; and• Social value, including local employment, prevention, and community capacity building.The ICB considered not only historic performance, but also whether the provider’s established workforce, governance arrangements, and delivery model provide assurance of continued performance under the proposed contract. The proposed contract does not introduce new delivery requirements, expanded cohorts, or increased demand beyond that already successfully managed by the provider.4. Proportionality and Overall AssuranceIn determining the appropriate procurement route, the ICB considered whether a competitive process would deliver additional benefit. Given the continuity of need, the absence of material change, the provider’s sustained performance, and the risks associated with service disruption, the ICB concluded that a competitive process would not be proportionate to the time, cost, and delivery risk involved.Taken together, the three documents provide a coherent and auditable justification for the use of Direct Award Process C, demonstrating that:• the regulatory conditions for Process C are met;• the decision was taken lawfully, transparently, and proportionately;• the existing provider sufficiently meets the PSR criteria; and• continuity of a clinically effective and system beneficial service is in the best interests of patients and the wider system.WY ICB therefore remains satisfied that the requirements of the Provider Selection Regime have (PSR) confirmation of contract award notice. This contract has been properly applied awarded under the Health Care Services (Provider Selection Regime) Regulations 2023. For the avoidance of doubt, the provisions of the Public Contracts Regulations 2015 and evidenced. Procurement Act 2023 do not apply to this award. This contract has now been formally awarded using the Direct Award C Process.