Section one: Contracting authority
one.1) Name and addresses
Ministry of Justice
102 Petty France
London
SW1H 9AJ
Ife.Barnes-Christian@justice.gov.uk
Telephone
+44 02033343555
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
https://www.gov.uk/government/organisations/ministry-of-justice
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
STAR PROJECT
two.1.2) Main CPV code
- 75000000 - Administration, defence and social security services
two.1.3) Type of contract
Services
two.1.4) Short description
This is an award for a 2-year direct award co-commissioned contract to YMCA Derby, jointly with Derby Homes Ltd for the provision of accommodation services
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £80,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
The STAR Project provides supported accommodation for 13 men on Probation and is based in Burdett House, above the Probation Service’s Offices in Derby. The Service meets the accommodation and support needs of a complex cohort, who would otherwise be homeless. The Residents are offered licenses to occupy for up to six months. Through engagement with support services, the aim is to prevent repeat homelessness and enable this cohort to obtain and sustain accommodation, reducing the likelihood of re-offending. The cohort are men, over 18 years old who are;
- Subject to statutory supervision for at least 6 months,
- Unemployed and have other suitable accommodation available to them.
- Have been assessed as posing medium or high risk of re-offending.
The engagement services will include a dedicated housing navigator who provides housing management and support to ensure that tenancies are sustained and rent and service charges arrears are minimised
two.2.5) Award criteria
Quality criterion - Name: This was done as a direct award and not on a criterion basis / Weighting: na
Cost criterion - Name: this was a direct award / Weighting: na
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- No tenders or no suitable tenders/requests to participate in response to restricted procedure
- The services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
Due to the nature of this project being a Direct Award, from an opportunity seized by probation services; to procure spaces directly above the probation office with the aim of providing accommodation services to service users, thorough legal assessment was carried out. This was done to justify the basis of this co-commissioning agreement as there wasn't a direct competition required or to compare against but a rare opportunity to collaborate and invest in accommodation services within the Derbyshire area
. It was concluded as legal on the following basis:
- The Public Contracts Regulations 2015 apply to this procurement but the rules set out in Part 2 (which includes regulation 32 which limits direct awards) do not apply where the aggregate value of the procurement falls below any of the applicable thresholds set out in regulation 5. The applicable value in this case is £663,540 because the services to be procured (management of the accommodation and housing for offender specialist accommodation units) fall within the ambit of regulation 5(1)(d) since these are one or more of the services identified in Schedule 3 of the Regulations. Accordingly, since the value of the contract will not exceed the threshold value of £663,540, Part 2 of the Regulations will not apply.
The Authority has therefore decided to award this contract without running one of the competition procedures proscribed under Part 2 of the Public Contracts Regulations 2015
- There is a justification for direct award as the value falls under OJEU, the aggregate value of the contract falls below relevant threshold, Part 2 (which includes regulation 32) therefore it does not apply to this procurement. Therefore there is no requirement to run a regulated competition based on this value and the contracted services can be directly awarded. This means that the contract can be awarded without having to satisfy the rubric set out in regulation 32.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract
Title
STAR PROJECT
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
30 March 2022
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 1
Number of tenders received from tenderers from other EU Member States: 1
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
YMCA Derbyshire
DE24 8UZ
Wilmoltorn, Derby, Derbyshire
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £80,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
Country
United Kingdom
six.4.4) Service from which information about the review procedure may be obtained
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
Country
United Kingdom