Extra Care Services Miners Court

Cornwall Council (the “Authority”) wishes to award a contract to the Supplier for the delivery of on-site care and support services, currently delivered at the extra care Miners Court housing scheme (the “the Scheme”). The Authority considers it can directly award a contract to the Supplier under section 41 of the Procurement Act 2023 in reliance on direct award justification in paragraph 5 of Schedule 5 of the Procurement Act 2023. This allows direct award where: (a) due to a particular supplier having intellectual property rights or other exclusive rights, only that supplier can supply the goods, services or works required; and (b) there are no reasonable alternatives to those goods, services or works.

The Supplier owns the site and is the current provider of care and support services at the Scheme under an existing contract with the Council (the “Existing Contract”). The Existing Contract is due to expire on 31 March 2027. As the landowner, the Supplier has exclusive rights which mean it has the ultimate right to determine which supplier can deliver the care services in the Scheme, and therefore limb (a) is satisfied. There are Council-funded service users are currently in situ and in receipt of the care services at the Scheme. There is no other extra care facility nearby which could offer alternative extra care provision to those existing services users, nor any new service users residing in the area. Whilst a new extra care scheme is in development nearby and could provide alternative service provision, it is not yet operational and is not expected to be until late 2028. As such, there is no reasonable alternative to the services at present and limb (b) is satisfied.