The Provision of Home Independence and Warmth

CPV: Health and social work services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

19 May 2023, 15:25 BST

Last source update

21 Sept 2023, 15:27 BST

Authority reference

75397

FTS notice number

2023/S 000-027934

Classification (CPV)

Health and social work services

Delivery area

Yorkshire & Humber (UKE42)

Official registry OCID

ocds-h6vhtk-03ce01 Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

The potential risk of challenge that there are no real technical reasons justifying the use of the negotiated procedure without publication of a notice in accordance with the Public Contracts Regulations 2015, and that the Council is simply seeking to circumvent the application of the procurement rules was considered when seeking approval for this procurement by clearly setting out the technical reasons that justified the use of Regulation 32 (2) (b) (ii), and the risk was felt to be low.

In addition, risks can be diminished somewhat by the publication of a voluntary transparency notice on Find a Tender after the decision to award the contract has been taken and then waiting 10 days to see if any challenges are made. If no challenges are made the chances of a claim for ineffectiveness being brought are significantly reduced and would only be successful if the Council had used the negotiated procedure without publication of a notice incorrectly. Further, publishing such a notice will also start time running for any other potential claim for breach of the Regulations, which must be brought within 30 days of the date that an aggrieved party knew or ought to have known that a breach had occurred. The Voluntary Notice was published on FTS on 19th May 2023 and no challenge was received following the publication.

Publisher note: The authority will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further information from the contracting authority before the contract is entered into. Such additional information should be requested from the addressee found in I.1. If an appeal regarding the award of a contract has not been successfully resolved the Public Contracts Regulations 2015 (SI 2015 No 102) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly (within 30 days beginning with the date when the economic operator first knew or ought to have known that grounds for such action had arisen). Where a contract has not been entered into the court may order the setting aside of the award decision or order the authority to amend any document and may award damages. Following the correct implementation of a 10 day standstill period and publication of appropriate notices the court may only award damages once the contract has been entered into".

• Care & Repair (Leeds)Awarded supplierGB-CHC: Charity Commission 323 Roundhay Road, Leeds, Yorkshire & Humber, LS8 4HT
• Care and Repair (Leeds) LimitedAwarded supplierGB-COH: 25858R 323 Roundhay Road, Leeds, Yorkshire & Humber, LS8 4HT

No document links were published on the notice.