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Services - 17932-2020
14/01/2020    S9

United Kingdom-Lisburn: Computer-related services

2020/S 009-017932

Voluntary ex ante transparency notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Libraries NI
Postal address: 23 Linenhall Street
Town: Lisburn
NUTS code: UK UNITED KINGDOM
Postal code: BT28 1FJ
Country: United Kingdom
E-mail: strategicdelivery.cpd@finance-ni.gov.uk
Internet address(es):
Main address: https://etendersni.gov.uk/epps
Address of the buyer profile: https://etendersni.gov.uk/epps
I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
General public services

Section II: Object

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

Libraries NI e2 Modification

Reference number: P6440
II.1.2)Main CPV code
72500000 Computer-related services
II.1.3)Type of contract
Services
II.1.4)Short description:

Libraries NI is placing this voluntary transparency notice to alert economic operators of its intention to modify the e2 contract in accordance with Regulation 72 (1) (b) of the Public Contracts Regulations 2015. It is intended that this modification will extend the current contract for a period of 29 months. This transparency notice does not place any obligation on the Authority to enter into this modification.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 33 660 000.00 GBP
II.2)Description
II.2.2)Additional CPV code(s)
72227000 Software integration consultancy services
32510000 Wireless telecommunications system
32500000 Telecommunications equipment and supplies
72261000 Software support services
32430000 Wide area network
30234000 Storage media
72260000 Software-related services
32570000 Communications equipment
32412110 Internet network
32321200 Audio-visual equipment
79991000 Stock-control services
30236000 Miscellaneous computer equipment
72230000 Custom software development services
72228000 Hardware integration consultancy services
72315000 Data network management and support services
30232100 Printers and plotters
48000000 Software package and information systems
48311100 Document management system
38112100 Global navigation and positioning systems (GPS or equivalent)
32410000 Local area network
64200000 Telecommunications services
32412120 Intranet network
32412100 Telecommunications network
72710000 Local area network services
64210000 Telephone and data transmission services
30213300 Desktop computer
72212482 Business intelligence software development services
72263000 Software implementation services
30213200 Tablet computer
72700000 Computer network services
72720000 Wide area network services
48161000 Library management system
30238000 Library automation equipment
32571000 Communications infrastructure
32412000 Communications network
72514000 Computer facilities management services
32425000 Network operating system
72253000 Helpdesk and support services
48100000 Industry specific software package
32424000 Network infrastructure
II.2.3)Place of performance
NUTS code: UKN NORTHERN IRELAND
NUTS code: UKN0 Northern Ireland
II.2.4)Description of the procurement:

Provision of ICT support services to the regional public library authority in Northern Ireland (Libraries NI) including provision of the following: computer network providing public access and a secure corporate and (cabled and WiFi) at currently around 108 fixed locations (some of which currently are the department of education and the department for employment and learning offices) and 28 mobile libraries. A non exhaustive list of what the services should support is provided in Contract Notice 2011/S 198-322788.

II.2.5)Award criteria
Quality criterion - Name: Technical / Weighting: 30
Quality criterion - Name: Implementation and transition / Weighting: 12
Quality criterion - Name: Service / Weighting: 13
Quality criterion - Name: Legal / Weighting: 5
Cost criterion - Name: Cost/financial / Weighting: 40
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

In May 2013 the contract set out in Contract Notice 2011/S198-322788 was awarded to Fujitsu for a period of 5 years with options to extend for a further 2 years.

The total value of contract was 33 660 000 GBP and expires 30-04-2020.

A procurement for a replacement contract was expected before the expiry, however, this has not proved possible. Libraries NI (LNI) now require a further 29 month extension period. The term is the only amendment, however, over the course of the extension some services may be terminated as they are transferred to Enterprise Shared Services(ESS).

This extension is seen as a modification under the provisions outlined in Regulation 72 of the Public Contracts Regulations 2015.

Regulation 72 provides that contracts may be modified without a new procurement procedure in any of a number of cases, including:

‘(1) (b) for additional works, services or supplies by the original contractor that have become necessary and were not included in the original procurement, where a change of contractor —

(i) cannot be made for economic or technical reasons such as such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and

(ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority;

(iii) provided that any increase in price does not exceed 50 % of the value of the original contract;

In this case, LNI will seek to rely on the modification provisions of 72(1)(b) due to the:

(i) complex transitional requirements and need to ensure continued system delivery which is vital to LNI’s functionality. The incumbent designed the ICT infrastructure and developed it to integrate the full portfolio of local, data-centre and all line of business services for 1 300 Public Access Computers and 800 corporate users on a 24/7/365 basis. The software licencing is tied into the current agreement and will take considerable time to replace whilst sustaining system functionality. Procuring an interim system and switching to partial ESS service delivery in 29 months isn’t possible as the system and licences are not readily interchangeable or interoperable. Any attempt to transfer systems without an adequate transition period poses an unjustifiable risk of business disruption and total network failure;

(ii) the infrastructure needed to support an interim contract would present substantial challenges to other suppliers. The potential complex system and integration requirements with ESS make it impractical to introduce an interim contractor. Otherwise LNI would suffer a difficult transition, followed by a further transition 2-3 years later, both of which would cause significant risk and inconvenience to everyone all parties involved.

Financially,any new contractor would have significant initiation/start-up and due-diligence costs in attempting to recreate the current service for 2-3 years which is very short compared to the normal lifetime, representing poor VFM, compared to extending the contract.

(iii) A modification up to 12 050 000 GBP does not exceed 50 % of the value of the original contract.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2011/S 198-322788

Section V: Award of contract/concession

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
10/01/2020
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Fujitsu
Postal address: 22 Baker Street
Town: London
NUTS code: UK UNITED KINGDOM
Postal code: W1U 3BW
Country: United Kingdom
E-mail: askfujitsu@uk.fujitsu.com
Telephone: +44 2032192050
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: 12 050 000.00 GBP
Total value of the contract/lot/concession: 12 050 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

The date shown in this voluntary transparency notice Section V.2.1) is defaulted at the date the authority issued the notice to the journal.. However this date is not the date for conclusion of contract, the proposed date for the modification would be 1.5.2020 if the. Authority proceeds as intended.

VI.4)Procedures for review
VI.4.1)Review body
Official name: The UK does not have any such bodies with responsibility for appeal/mediation procedures.
Town: Belfast
Country: United Kingdom
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The Public Contract Regulations 2015 provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). The authority has incorporated a standstill period before this contract is awarded.

VI.5)Date of dispatch of this notice:
10/01/2020