Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Leeds City Council - PACS
Civic Hall
Leeds
LS11UR
UK
Contact person: Clarissa Hoult
Telephone: +44 1135351836
E-mail: clarissa.hoult@leeds.gov.uk
NUTS: UKE42
Internet address(es)
Main address: https://www.leeds.gov.uk
Address of the buyer profile: https://www.yortender.co.uk
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
The Provision of Home Independence and Warmth
Reference number: 75397
II.1.2) Main CPV code
85000000
II.1.3) Type of contract
Services
II.1.4) Short description
Award a contract to deliver the Home Independence and Warmth contract, following the successful completion of a procurement exercise. The service will support people to stay independent in their homes for longer by addressing risks associated with falling and / or warmth.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
3 601 835.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
85000000
II.2.3) Place of performance
NUTS code:
UKE42
II.2.4) Description of the procurement
Award a contract to deliver the Home Independence and Warmth contract, following the successful completion of a procurement exercise. The service will support people to stay independent in their homes for longer by addressing risks associated with falling and / or warmth.
II.2.5) Award criteria
Cost criterion: Most Economically Advantageous
/ Weighting: 100
II.2.11) Information about options
Options:
Yes
Description of options:
Extension of 24 months available in any combination.
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: absence of competition for technical reasons
Explanation
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.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2023/S 000-014388
Section V: Award of contract
Contract No: 75397
Title: The Provision of Home Independence and Warmth
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
21/09/2023
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
Care and Repair (Leeds) Limited
25858R
323 Roundhay Road
Leeds
LS8 4HT
UK
NUTS: UKE42
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot:
Total value of the contract/lot:
: 3 601 835.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
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".
VI.4) Procedures for review
VI.4.1) Review body
The High Court of Justice
Strand
London
WC2A 2LL
UK
VI.5) Date of dispatch of this notice
21/09/2023