Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Swan Housing Association Ltd
Pilgrim House, High Street
Billericay
CM12 9XY
UK
E-mail: swanprocurement@swan.org.uk
NUTS: UKI
Internet address(es)
Main address: www.swan.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
Planned and Reactive Maintenance Programme
II.1.2) Main CPV code
70330000
II.1.3) Type of contract
Services
II.1.4) Short description
Agreement entitling extension of 69 months by the contracting authority of an original term partnering agreement lasting 14 years.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
52 000 000.00
EUR
II.2) Description
II.2.3) Place of performance
NUTS code:
UKI
UKH3
II.2.4) Description of the procurement
This notice does not relate to the award of a new contract but rather to an agreement modifying an existing 14-year agreement for a repair and maintenance programme (‘the original agreement’). The agreement provides the contracting authority with an option to extend the term of the original agreement by a period of 69 months. The agreement also modifies the indexation provisions in the original agreement in a manner wholly favourable to the contracting authority.
In December 2007, the contracting authority advertised the procurement of the original agreement to provide for the repair and maintenance of its housing stock. The economic operator was the successful bidder for the original agreement. The original agreement provided for a 14-year term partnering arrangement between the contracting authority and the economic operator.
On 27.1.2009 after the conclusion of the procurement for the original contract, the contracting authority entered into a contract with London Borough of Newham to manage properties for that authority. The economic operator for the original agreement was also successful in bidding to be sub-contractor to the contracting authority for this contract (‘the Newham sub-contract’).
For the reasons set out in Section IV.1.1) below, the contracting authority considers that the award of this agreement modifying the original agreement so that it is coterminous with that sub-contract is permitted pursuant to regulations 72(1)(b) and 72(1)(c) of the Public Contracts Regulations 2015.
II.2.5) Award criteria
Quality criterion: As stated in original procurement documents
/ Weighting: 1
Cost criterion: As stated in original procurement documents
/ Weighting: 1
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
The original agreement and the Newham sub-contract, whilst legally separate, are in all practical terms provided as 1 service and have become interdependent in a manner that the contracting authority could not reasonably have foreseen when the original agreement was procured. The economic operator engages the same staff, call centre, programme of works, vehicles, tools, partnership reporting and other service elements across the contracting authority’s entire portfolio.
As a result, the contracting authority considers that it cannot re-tender for a renewal of the original agreement prior to the expiry of the Newham sub-contract in a manner which will provide for fair competition between tenderers or without causing significant inconvenience and substantial duplication of costs for the contracting authority in respect of the contracting authority’s entire property portfolio. The contracting authority has obtained an independent value for money evaluation for this purpose.
The contracting authority has therefore obtained from the economic operator an option to extend the term of the original contract to match the expiry date of the Newham sub-contract. The extension period maintains the existing pricing structure save that the indexation provision is amended in the contracting authority’s favour. There are no changes to the scope or manner of performance of the services concerned. The value of the extension is less than 50 % of the original contract value.
The extension of the original agreement is therefore permitted pursuant to regulations 72(1)(b) and 72(1)(c) of the Public Contracts Regulations 2015.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section V: Award of contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
17/12/2019
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Axis Europe PLC
London
UK
NUTS: UKH37
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 52 000 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Royal Courts of Justice
London
UK
VI.5) Date of dispatch of this notice
19/12/2019