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Open procedure |
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Restricted procedure |
b) The products involved are manufactured purely for the purpose of research, experiment, study or
development under the conditions stated in the Directive (for supplies only).
c) The works/goods/services can be provided only by a particular tenderer for reasons that are:
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Technical |
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Artistic |
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Connected with the protection of exclusive rights |
d) Extreme urgency brought about by events unforeseeable by the contracting authority and in
accordance with the strict conditions stated in the Directive.
e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.
f) New works/services, constituting a repetition of existing works/services and ordered in accordance
with the strict conditions stated in the Directive.
g)Service contract awarded to the successful candidate or one of them after a design contest.
h) For supplies quoted and purchased on a commodity market.
i) For the purchase of supplies on particularly advantageous terms:
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from a supplier which is definitely winding up its business activities |
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from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure. |
j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or
unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.
Other justification for the award of the contract without prior publication of a
contract notice in the OJEU:
k) The contract has as its object services listed in Annex B of Directive 2004/18/EC or in Annex XVII B of Directive 2004/17/EC
l) The contract falls outside the scope of application of the relevant directive.
In addition to the box(es) ticked above please explain in a clear and
comprehensive manner why the award of the contract without prior publication of
a contract notice in the OJEU is lawful, stating in any case the relevant facts,
and, as appropriate, the conclusions of law in accordance with the articles in
the relevant Directive (500 words maximum):
The justification for the use of this procedure is that the Authority considers competition is absent for technical reasons and no reasonable alternative exists. The Authority considers that the absence of competition does not stem from an artificial narrowing of the parameters of the procurement. The Authority is seeking to award a contract directly to Voyage Care Ltd. for the following reasons:
i) Due to the complex nature of the requirements of the Service Users utilising this service, the current provider delivers a high level of service which is complex and relies on delivery from their base, a locally positioned purpose-specific building.
ii) The current service offers a base within the community providing a stimulating, flexible and personalised approach to respite care, supporting families and individuals that have a high level of dependence, some of whom require a high ratio of staff support.
iii) To support continuity of care for those currently utilising this service and to avoid unnecessary distress. There are currently 44 users of the service who will utilise the spaces provided by the proposed contract. Having reviewed possible substitute arrangements, including the availability of alternate providers, the Authority has concluded that competition is absent as no other providers of short stay residential respite care services, offering the appropriate type of care, are available within the required geographical delivery area (i.e. within the Borough of Hartlepool). As a result of this, there are no reasonable alternative providers available at this time.
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