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das Vereinigte Königreich-London: Dienstleistungen im Sozialwesen in Verbindung mit Heimen
Abschnitt I: Öffentlicher Auftraggeber/Auftraggeber
Abschnitt II: Gegenstand
Accommodation Based Services for People with a Learning Disability
Residential care services for people with a learning disability, based over 3 locations in the borough of Greenwich.
Erindale terrace, Arnold House and Samual Close.
Residential care for people with a learning disability across the 3 sites in II.2.3.
Abschnitt IV: Verfahren
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
The procurement falls outside the scope of the Directive.
This contract is being awarded without competition because the services are provided to users from properties which are subject to a lease between Choice Support (formerly MCCH) and) Greenwich Clinical Commissioning Group (Greenwich CCG) (formerly Greenwich Primary Care Trust).
Greenwich CCG and Choice Support were parties to the contract for ‘Provision and re-provision of services for people with a learning disability’, which was novated to the Royal Borough of Greenwich (the Council) under the department of health directive valuing people Now: transfer of the responsibility for the commissioning of social care for adults with A learning disability from The NHS To local government and transfer of the appropriate funding on 20.6.2011. As part of the aforementioned contract, the CCG and choice support are also parties to a lease for the following properties: Arnold House, Samuel Close and Erindale Terrace, where the services users are situated.
When the contract was novated from the CCG to the Council, the properties were not part of the novation and neither was the Council given any rights by way of a lease or transfer over the properties.
Following the novation of the contract the Council has only paid MCCH for the services and not the cost of the properties because the properties were not included in the agreement between the CCG and the Council.
The Council does not have suitable or alternative properties to accommodate the service users, as such, it is seeking to award a contract without competition to Choice Support solely for the service.
If the contract is advertised and choice support are unsuccessful, the incoming party will have to provide the service from their property at the cost of the service, because the Council does not have a budget for properties. There is also the additional scope of relocating and likely adaptations to accommodate the needs of the users.
Furthermore, it is worth noting that there is a possibility that the NHS properties will be transferred to the Council and in the event of that happening, the service users will have to be relocated again back to their original residence.
Abschnitt V: Auftragsvergabe/Konzessionsvergabe
Abschnitt VI: Weitere Angaben