Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
East Lothian Housing Association Ltd
18-20 Market Street
Haddington
EH41 3JL
UK
Contact person: Gary Alison
Telephone: +44 1620825032
E-mail: gary.alison@elha.com
NUTS: UKM73
Internet address(es)
Main address: http://www.elha.com
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA15603
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
Housing Management System
II.1.2) Main CPV code
72000000
II.1.3) Type of contract
Services
II.1.4) Short description
East Lothian Housing Association is looking for software that can integrate with its MyHome portal, that can allow this integration to be continually developed to ensure it continues on the latest version of this system and has technical support should it have any issues.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
280 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKM73
Main site or place of performance:
East Lothian Housing Association Ltd, 18-20 Market Street, Haddington, EH41 3JL
II.2.4) Description of the procurement
East Lothian has bespoke API integrations with its other key IT systems as part of the MyHome offering to deliver key repairs and maintenance services to its tenants.
The current MyHome customer portal has been assessed to meet the needs of the business and the organisation does not wish to seek to procure an alternative solution. We are seeking to procure a supplier than can maintain and develop the integration with the MyHome from our Housing Management, Asset and Finance databases.
II.2.5) Award criteria
Quality criterion: Quality
/ Weighting: 50
Price
/ Weighting:
50
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 works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights
Explanation
Competition is absent for technical reasons; and the protection of exclusive rights. ELHA use and rely upon a customer portal called the “MyHome customer portal” which is provided by a supplier called Housing Online. ELHA is procuring a contract for the provision of an HMS software system that must be interoperable, interactive and continue to be developed alongside the MyHome customer portal. ELHA’s external IT consultants have advised that Designer Software has an exclusivity arrangement with Housing Online that includes a clause that allows Designer Software to veto any work that Housing Online might want to do that supports or develops its interactivity with a competitor’s solution. Designer Software also has a significant shareholding in Housing Online and is capable of exercising considerable influence over its management decisions. As a consequence of this, only Designer Software’s HMS solution will continue to be developed to ensure it is interoperable and interactive with the MyHome customer portal, which ELHA must use and is reliant upon. ELHA’s IT external consultants have advised that that there is no reasonable alternative or substitute to contracting with Designer Software due to the exclusivity arrangements and, as there is no reasonable workaround, the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2024/S 000-041397
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
08/01/2025
V.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 1
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Designer Software Ltd
11 Whittle Court, Davy Avenue
Milton Keynes
MK5 8FT
UK
Telephone: +44 7359373168
NUTS: UK
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 280 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
It should be noted that a VEAT notice was issued to inform the market of the intention to award this contract under Regulation 33 (1) (b) (ii) and/or (iii).
(SC Ref:787167)
VI.4) Procedures for review
VI.4.1) Review body
Edinburgh Sheriff Court
Edinburgh
EH1 1LB
UK
Telephone: +44 1312252525
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contract (Scotland) Regulations 2015 (SSI2015/446) (as amended) may bring proceedings to the Sheriff Court or the Court of Session.
VI.5) Date of dispatch of this notice
08/01/2025