Right to Challenge process
3. Expression of interest either accepted or rejected by KCC

The expressions of interest will be considered by Kent County Council's directors and Cabinet Members. We will make a decision using the national criteria as a guide.

The decision will be one of three options; ‘accept’, ‘accept with modification’ or ‘reject’.

Accept

The group who has submitted the expression of interest will have presented a strong case that they could provide the relevant service. We will then run a procurement exercise to find the best provider.

Accept with modification

If we are not able to accept the EOI as it is we may ask for some changes to be made so that we can accept it.

Reject

Government has set out a series of reasons why an expression of interest can be rejected.

We will reject an expression of interest if:

1. the expression of interest does not comply with any of the requirements specified in the Act or in regulations
2. The relevant body provides information in the expression of interest which the relevant authority considers to be inadequate or inaccurate. 
3. the relevant authority considers, based on the information in the expression of interest, that the relevant body or, where applicable a) any member of the consortium of which it is a part, or b) any sub-contractor referred to in the expression of interest is not suitable to provide or assist in providing the relevant service
4. the expression of interest relates to a relevant service where a decision, made in writing, has been taken by the relevant authority to stop providing that service
5. the expression of interest relates to a relevant service a) provided in whole or in part by, or on behalf of, the relevant authority to person who are also in receipt of a service provided or arranged by an NHS body which is integrated with the relevant service, and b) the continued integration of such services is, in the opinion of the relevant authority, critical to the wellbeing of those persons
6. the relevant service is already the subject of a procurement exercise
7. the relevant authority and a third party have entered into negotiations for provision of the service, where negotiations are at least in part conducted in writing
8. the relevant authority has published its intention to consider the provision of the relevant service by a body that two or more specified employees of that authority propose to establish
9. the relevant authority considers that the expression of interest is frivolous or vexatious
10. the relevant authority considers that acceptance of the expression of interest is likely to lead to contravention of an enactment or other rule of law or a breach of statutory duty.

If we decide to reject an expression of interest, we have a legal duty to publish the decision and the reasons for that decision online.

We will notify the groups who have submitted an expression of interest of the decision and we will update the Expression of Interest Register to show the outcomes of the process.