[AwardWoPriorPubD1]
[DExplanation]
Discussions have taken place with the other insurers in the market and none of these companies offer or are willing to offer a fixed per pupil cost model with no excess and without the exchange technical underwriting information.
This would therefore fall under an exception through Clause 50 of the Public Contracts Directive 2014 (EU/2014/24) which provides that where the situation of exclusivity is due to technical reasons, they should be rigorously defined and justified on a case-by-case basis. They could include, for instance, a near technical impossibility for another economic operator to achieve the required performance, or the necessity to use specific know-how, tools or means which only one economic operator has at its disposal. Technical reasons may also derive from specific interoperability requirements which must be fulfilled in order to ensure the functioning of the works, supplies or services to be procured.
As the Council cannot leave schools uninsured this direct award would fall under this section as currently there is only one economic operator it has at its disposal who can deliver the services to our requirements.