Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
authority
I.1) Name and addresses
Rosebery Housing Association Limited
27671R
Third Floor, Newplan House, 41 East Street
Epsom
KT17 1BL
UK
Contact person: Graham Oliver
E-mail: graham.oliver@rosebery.org.uk
NUTS: UKJ23
Internet address(es)
Main address: www.rosebery.org.uk
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Housing and community amenities
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Shared Services Arrangement.
II.1.2) Main CPV code
75100000
II.1.3) Type of contract
Services
II.1.4) Short description
Rosebery Housing Association and Sentinel Housing Association are entering into an arrangement to share back office services — including finance, HR (including management of payroll), IT, marketing and communications and governance (including servicing the board and committees), with the aim of shared delivery of services across both of the parties' administrative areas with a view to increasing efficiencies, closer integration and achieving financial savings.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
375 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
79000000
79210000
79211110
79342000
72610000
79630000
79631000
72500000
79340000
72000000
79622000
79211200
79500000
48800000
48500000
II.2.3) Place of performance
NUTS code:
UKJ
II.2.4) Description of the procurement
See above short description at II.1.4) and Annex D1.
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
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The procurement falls outside the scope of application of the Directive
Explanation:
Rosebery Housing Association is entering into a shared services arrangement with Sentinel Housing Association Limited. The 2 housing associations are in a process of moving to a long term strategy of collaborating more closely and integrating their services. The initial stage will involve entering into an arrangement to share back office services including finance, HR (including management of payroll), IT, marketing and communications and governance (including servicing the board and committees). The value of these services to Rosebery is approximately 300 000 GBP per annum.
The parties are not carrying out an EU procurement procedure for the arrangement as they are relying upon Article 12 (4) of Directive 2014/24/EU of the European Parliament and of the Council and Regulation 12 (7) of the Public Contracts Regulations 2015. This provision allows for a contract exclusively between 2 contracting authorities where certain conditions are met. The shared services arrangements meet these conditions as the arrangements are driven solely by cooperation between the 2 parties with the aim of ensuring that public services they have to perform are provided with a view to achieving objectives that they have in common. Both parties seek to generate savings, to align and streamline delivery and to enhance and improve their services to the public through this arrangement.
In accordance with the principles derived from the cases of Commission v Germany (C-480/06), Piepenbrock (C-386/11) and the Commission Staff Working Paper concerning the application of EU public procurement law to relations between contracting authorities, the contract will involve mutual rights and obligations, will be a genuine performance of common tasks, has no private sector involvement, will cover the reimbursement of actual costs only (no party will profit) and it is not proposed that any services will be offered on the open market to any other parties.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract/concession
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
10/08/2016
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Sentinel Housing Association Limited
27940R
56 Kingsclere Road
Basingstoke
RG21 6XG
UK
NUTS: UKJ3
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Initial estimated total value of the contract/lot/concession: 375 000.00 GBP
Total value of the concession/lot:
375 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales
Royal Courts of Justice, The Strand
London
WC1A 2LL
UK
Internet address(es)
URL: https://www.justice.gov.uk/courts/rcj-rolls-building/rcj
VI.4.2) Body responsible for mediation procedures
High Court of England and Wales
Royal Courts of Justice, The Strand
London
WC1A 2LL
UK
Internet address(es)
URL: https://www.justice.gov.uk/courts/rcj-rolls-building/rcj
VI.4.4) Service from which information about the review procedure may be obtained
Cabinet Office
Whitehall
London
SW1A 2AS
UK
Telephone: +44 2072761234
E-mail: publiccorrespondence@cabinetoffice.gov.uk
Internet address(es)
URL: https://www.gov.uk/government/organisations/cabinet-office
VI.5) Date of dispatch of this notice
15/08/2016