Services - 176378-2019

15/04/2019    S74    - - Services - Modification of a contract/concession during its term - Competitive dialogue 

United Kingdom-Bolton: IT services: consulting, software development, Internet and support

2019/S 074-176378

Modification notice

Modification of a contract/concession during its term

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
The Borough Council of Bolton
Town Hall, Victoria Square
Bolton
BL1 1RU
United Kingdom
Contact person: Irfan Oomer
E-mail: irfan.oomer@bolton.gov.uk
NUTS code: UKD4

Internet address(es):

Main address: www.bolton.gov.uk

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Information Communications and Technology (ICT) Services

II.1.2)Main CPV code
72000000
II.1.3)Type of contract
Services
II.2)Description
II.2.1)Title:

Information Communications and Technology (ICT) Services

II.2.2)Additional CPV code(s)
32430000
32410000
32250000
32000000
30000000
32500000
45314000
45314100
45314120
45314200
45314300
45314310
45314320
48824000
50300000
64200000
72224000
79800000
64212000
II.2.3)Place of performance
NUTS code: UKD3
NUTS code: UKD4
Main site or place of performance:

Bolton and Wigan, Greater Manchester

II.2.4)Description of the procurement at the time of conclusion of the contract:

The Borough Council of Bolton (“Bolton”) acting as lead authority tendered for a cost effective, value for money, innovative service provider to deliver facilities managed information and Communication technologies (ICT) services to Bolton, Wigan Borough Council, Wigan and Leigh Housing Company Ltd and Wigan Leisure and Culture Trust in order to meet both the existing and future ICT needs of each of the aforementioned and to achieve service improvements and cost savings.

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 96
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.2)Administrative information
IV.2.1)Contract award notice concerning this contract
Notice number in the OJ S: 2013/S 060-099166

Section V: Award of contract/concession

Contract No: TC069
Title:

Information Communications and Technology (ICT) Services

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
22/03/2013
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Agilisys Ltd
04327369
Third Floor, One Hammersmith Broadway, Hammersmith
London
W6 9DL
United Kingdom
E-mail: info@agilisys.co.uk
NUTS code: UKI

Internet address: www.agilisys.co.uk

The contractor/concessionaire is an SME: no
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: 47 837 000.00 GBP

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
The Borough Council of Bolton
Victoria Square, Town Hall
Bolton
BL1 1RU
United Kingdom
VI.4.2)Body responsible for mediation procedures
The Borough Council of Bolton
Victoria Square, Town Hall
Bolton
BL1 1RU
United Kingdom
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The Authority reserves the right not to award any contract as a result of the procurement process initiated by this notice and will not be liable for any costs incurred by candidates.

The contract period is for 8 years but the contract is to be modified under PCR 2015 Regulation 72 1 (b) to extend for 31 months.

This is a OJEU modification notice. Aggrieved parties who have been harmed or are at risk of harm by any breach of the Councils obligations may take action in the High Court (England, Wales and Northern Ireland).

VI.4.4)Service from which information about the review procedure may be obtained
The Borough Council of Bolton
Victoria Square, Town Hall
Bolton
BL1 1RU
United Kingdom
VI.5)Date of dispatch of this notice:
10/04/2019

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
72000000
VII.1.2)Additional CPV code(s)
32430000
32410000
64212000
32250000
79800000
48824000
30000000
32000000
64200000
32500000
50300000
72224000
45314000
45314100
45314120
45314200
45314300
45314310
45314320
VII.1.3)Place of performance
NUTS code: UKD3
NUTS code: UKD4
Main site or place of performance:

Bolton and Wigan, Greater Manchester

VII.1.4)Description of the procurement:

The Borough Council of Bolton (“Bolton”) acting as lead authority tendered for a cost effective, value for money, innovative service provider to deliver facilities managed information and communication technologies (ICT) services to Bolton, Wigan Borough Council, Wigan and Leigh Housing Company Ltd and Wigan Leisure and Culture Trust in order to meet both the existing and future ICT needs of each of the aforementioned and to achieve service improvements and cost savings.

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 31
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 15 447 364.00 GBP
VII.1.7)Name and address of the contractor/concessionaire
Agilisys Ltd
04327369
Third Floor, One Hammersmith Broadway, Hammersmith
London
W6 9DL
United Kingdom
E-mail: info@agilisys.co.uk
NUTS code: UKI

Internet address: www.agilisys.co.uk

The contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

The contract is being modified in accordance with Regulation 72(1)(b) of the Public Contracts Regulations 2015.The modification will extend the contract for the provision of Information and Communications and Technology (ICT) Services for 31 months from 1.7.2020. The Contracting Authority is relying on Regulation 72.1. b. due to economic and technical reasons and that a change of contractor would cause significant inconvenience or substantial duplication of costs for the Contracting Authority. The original contract ref 2011/S 38-062643 was subject to an OJEU Contract Notice and was awarded in accordance with the relevant Directive of the. European Parliament and of the Council. The increase in price will not exceed 50 percent of the original contract award value of 47 837 000,00 GBP.

VII.2.2)Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:

The contract is being modified in accordance with Regulation 72(1)(b) of the Public Contracts Regulations 2015.The modification will extend the contract for the provision of Information and Communications and Technology (ICT) Services for 31 months from 1.7.2020. The Contracting Authority is relying on Regulation 72.1. b. due to economic and technical reasons and that a change of contractor would cause significant inconvenience or substantial duplication of costs for the Contracting Authority. The original contract ref 2011/S 38-062643 was subject to an OJEU Contract Notice and was awarded in accordance with the relevant Directive of the. European Parliament and of the Council. The increase in price will not exceed 50 percent of the original contract award value of 47 837 000,00 GBP.

VII.2.3)Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 47 837 000.00 GBP
Total contract value after the modifications
Value excluding VAT: 63 284 364.00 GBP