II.1.2) Contract for Responsive Maintenance, Planned Maintenance, Void Property Works and Adaptations Works

Description

Contract for Responsive Maintenance, Planned Maintenance, Void Property Works and Adaptations Works Lot 1: Contract for Responsive Maintenance, Planned Maintenance, Void Property Works and Adaptations Works. Additional information: Award of a contract without prior publication of a call for competition in the cases listed below The procurement falls outside the scope of application of the regulations Explanation: Regulation 12(1) of the Public Contracts Regulations outlines the circumstances in which the award of a public contract to a legal person will fall outside the scope of the Regulations, as follows: a) The contracting authority (i.e. Choice) exercises over the legal person concerned (i.e. CSIL) a control which is similar to that which it exercises over its own departments (the Control Test); b) More than 80% of the activities of the controlled legal person (Choice Services Ireland Limited (CSIL) are carried out in the performance of tasks entrusted to it by the controlling contracting authority (Choice) or by other legal persons controlled by that contracting authority (the Activities Test);and c) There is no direct private capital participation in the controlled legal person (CSIL) with the exception of non-controlling and non-blocking forms of private capital participation required by national legislative provisions, in conformance with the Retained Treaties, which do not exert a decisive influence on the controlled legal person (the Private Capital Participation Test). All three limbs of this test must be satisfied in order for the exemption to apply and Choice Housing Ireland has taken legal advice which has determined that the criteria relating to all limbs of this test can be applied and therefore it intends to award the contract for the services defined to Choice Services (Ireland) Limited following the end of the existing contract terms effective from 05.05.2025