Purpose

The purpose of the report is to seek approval
in accordance with Public Contract Regulations 2015 –
Regulation 72(1)(b) to modify the contract with Bradbury Fields for
Blind, Partially Sighted, Deaf and Hard of Hearing. The proposed
modification will enable the provider to continue to deliver the
service supporting Children and Adults from 01 August 2025 to 30
September 2026 whilst the Council undertakes an open procurement
exercise to re-tender the service.
 
The proposed modification also changes the
scope of the contract to include the completion of hearing
assessments for Children and Adults. Whilst this is a change, it
does not change the overall nature of the contract.
 
The proposed contract modification will
increase the contract price to reflect the changes stated above and
allow the provider to continue to pay their staff at minimum Real
Living Wage.
 
The justification for the decision is that the
following requirements of Public Contract Regulations 2015 –
Regulation 72(1)(b) are met.
 
72.— (1) Contracts and framework
agreements may be modified without a new procurement procedure in
accordance with this Part in any of the following cases:—
 
(b)      for additional works,
services or supplies by the original contractor that have become
necessary and were not included in the initial procurement, where a
change of contractor—
 
(i)       cannot be made for
economic or technical reasons such as requirements of
interchangeability or interoperability with existing equipment,
services or installations procured under the initial procurement,
and
 
(ii)       would cause
significant inconvenience or substantial duplication of costs for
the contracting authority,
 
provided that any increase in price does not
exceed 50% of the value of the original contract.

Decision

(i)       That, in accordance
with Public Contract Regulations 2015– Regulation 72(1)(b)
the following modifications be approved for the contract with
Bradbury Fields for Blind, Partially Sighted, Deaf and Hard of
Hearing Services:
 
a.       to extend the
contract term beyond what was allowed for in the original contract
from 1 August 2025 to 30 September 2026;
 
b.       modifying scope of
service delivery by including deaf/hard of hearing assessments for
Children and Adults which was not part of the original
contract;
 
c.        modifying the
contract price from 1 April 2025 to 31 July 2025 to enable the
provider to pay staff the Real Living Wage; and
 
d.       modifying the
contract price from 1 August 2025 to 30 September 2026 to fund the
additional volume of work and enable the provider to continue to
pay staff the Real Living Wage; and
 
(ii)       That the Procurement
Team be authorised to issue the relevant contract modification
documentation.

Alternative options considered

Do Nothing:
This option was considered and rejected due to
the Council’s statutory obligation to provide services for
individuals with visual impairments and hearing loss.
 
Seek Competition (Quotation /
Tender): 
This option was considered and rejected,
following a service review of the Blind, Partially Sighted, Deaf
and Hard of Hearing service during 2023/24.  The outcome of the review was overall people are
happy with the Blind element of the service; those who use the Deaf
/ Hard of Hearing services do not feel the same way. 
 
The Council is working with STAR to complete a
compliant tender exercise with market testing commenced during July
2025.
 
Deliver in house:
This option was considered and rejected
because the requirement cannot be undertaken within Council
resources, due to the skills, expertise and the current links to
specialist complimentary visual and Deaf support
services.