Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2018/S 204-466353/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services

Section I: Contracting authority
I.1) Name and addresses
Official name: Leeds City Council
National registration number: UKE42
Postal address: Civic Hall
Town: Leeds
Postal code: LS1 1UR
Country: United Kingdom
Contact Person: Shazia Nazir
Telephone: +44 1133785827
Email: RESAdultsHealth.Category@leeds.gov.uk
Internet address(es):
Main address: www.leeds.gov.uk
Address of the buyer profile:

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: Extra Care Housing Assisi Place

Reference number: DN372314
II.1.2) Main CPV code: 85311000
II.1.3) Type of contract Services
II.1.4) Short Description:
Extra care housing is a form of supported housing predominantly but not exclusively designed for older people. It provides individuals with the choice and opportunity to maintain independent living within the community in their own home and can delay the need for more intensive residential care.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1140000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKE42
II.2.4) Description of the procurement
Extra care housing is a form of supported housing predominantly but not exclusively designed for older people. It provides individuals with the choice and opportunity to maintain independent living within the community in their own home and can delay the need for more intensive residential care.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
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
Negotiated procedure without prior publication(in accordance with Article 32 of Directive 2014/24/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2018-02-22
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Methodist Homes Association
Town: Derby
Country: United Kingdom
Nuts code: UKF1
The contractor is an SME: yes

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: The High Court of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom

VI.4.2) Body responsible for mediation procedures
Official name: The High Court of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom

VI.4.4) Service from which information about the review procedure may be obtained
Official name: The High Court of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2018-10-19

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
Within the lease agreement for Assisi Place there is a copy of MHA’s assured tenancy document for apartments which states that MHA is recognised as the provider for the 24-hour onsite care staffing, emergency response to care needs and responsible for an active events programme and activities. MHA retain the right to refuse (on reasonable grounds) to grant assured tenancies on the understanding that Leeds A&H would then be able to nominate further tenants or licensees.
Engagement with MHA has established that they have no desire or intention to be a landlord to a separate service provider. MHA have expressed that they do not develop services where they are not responsible for care and housing provision as MHA believe tenants experience the best service provision from a one team approach. This means it would not be possible to commission an onsite third party care provider to deliver 24/7 support.
Leeds A&H has nomination rights to apartments. These Nomination Agreements are for fixed periods of 80 years for Assisi Place. It is possible that agreements would be renegotiated to continue, however it is possible that the nomination rights to the apartments could revert to the respective providers. This would remove Leeds A&H connection to the scheme if this was to take place. It is assumed that the length of these agreements reflects return on investment for Leeds A&H and so the continuation of nomination rights cannot be assumed.
The negotiated procedure without prior publication of a notice under Regulation 32 (2) (b) (ii) of the Public Contracts Regulations 2015 be used when looking to award long-term contract to MHA. This is due to the fact that the service can only be supplied by the named provider at their respective scheme and therefore competition is absent and no reasonable alternative is available for service users living at Assisi Place in terms of an onsite care team presence.

Post written by: Andrew Perry