Modification of a contract/concession during its term
Legal Basis:
Regulation (EU, Euratom) No 2018/1046
Section I: Contracting authority/entity
Section II: Object
II.1)Scope of the procurement
II.1.1)Title:Reference number: LISA/2017/RP/03
II.1.2)Main CPV code72000000 IT services: consulting, software development, Internet and support
II.1.3)Type of contractServices
II.2)Description
II.2.2)Additional CPV code(s)72220000 Systems and technical consultancy services
72230000 Custom software development services
72250000 System and support services
72260000 Software-related services
72267000 Software maintenance and repair services
II.2.3)Place of performanceNUTS code: AT Österreich
NUTS code: FR France
II.2.4)Description of the procurement at the time of conclusion of the contract:
Framework contract for implementation and maintenance in working order of Entry exit system.
II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concessionDuration in months: 72
II.2.13)Information about European Union fundsThe 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 Section V: Award of contract/concession
Contract No: LISA/2017/RP/03
V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:10/05/2019
V.2.2)Information about tendersThe contract/concession has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaireOfficial name: Consortium IBM Belgium BVBA, Atos Belgium NV and Leonardo S.p.a, represented by the Group Leader IBM Belgium BVBA
Postal address: 42 avenue du Bourget
Town: Brussels
NUTS code: BE Belgique / België
Postal code: 1130
Country: Belgium
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaireOfficial name: Atos Belgium NV
Postal address: Da Vincilaan 5
Town: Zaventem
NUTS code: BE Belgique / België
Postal code: 1930
Country: Belgium
The contractor/concessionaire is an SME: no
V.2.3)Name and address of the contractor/concessionaireOfficial name: Leonardo S.p.a
Postal address: Piazza Monte Grappa n. 4
Town: Rome
NUTS code: IT Italia
Postal code: 00195
Country: Italy
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: 142 051 690.00 EUR
Section VI: Complementary information
VI.3)Additional information:
VI.4)Procedures for review
VI.4.3)Review procedurePrecise information on deadline(s) for review procedures:
See internet address provided in section I.3).
VI.5)Date of dispatch of this notice:20/05/2021
Section VII: Modifications to the contract/concession
VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code72000000 IT services: consulting, software development, Internet and support
VII.1.2)Additional CPV code(s)72220000 Systems and technical consultancy services
72230000 Custom software development services
72250000 System and support services
72260000 Software-related services
72267000 Software maintenance and repair services
VII.1.3)Place of performanceNUTS code: AT Österreich
NUTS code: FR France
VII.1.4)Description of the procurement:
Framework contract for implementation and maintenance in working order of Entry exit system.
VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concessionDuration in months: 72
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)Total value of the contract/lot/concession: 212 451 690.00 EUR
VII.1.7)Name and address of the contractor/concessionaireOfficial name: Consortium IBM Belgium BVBA, Atos Belgium NV and Leonardo S.p.a, represented by the Group Leader IBM Belgium BVBA
Postal address: 42 avenue du Bourget
Town: Brussels
NUTS code: BE Belgique / België
Postal code: 1130
Country: Belgium
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaireOfficial name: Atos Belgium NV
Postal address: Da Vincilaan 5
Town: Zaventem
NUTS code: BE Belgique / België
Postal code: 1930
Country: Belgium
The contractor/concessionaire is an SME: no
VII.1.7)Name and address of the contractor/concessionaireOfficial name: Leonardo S.p.a
Postal address: Piazza Monte Grappa n. 4
Town: Rome
NUTS code: IT Italia
Postal code: 00195
Country: Italy
The contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modificationsNature and extent of the modifications (with indication of possible earlier changes to the contract):
Modification is based Article 172 paragraph 3 point (a) of the Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union (applicable to the Agency in line with Article 89 of the Financial Rules of the European Union Agency for the Operational Management of Large-Scale IT Systems in the area of Freedom, Security and Justice (eu-LISA), adopted by the Management Board Decision No 198/2019 rev 1 of 28 August 2019), which sets out the conditions for modification of contracts without a new procurement procedure, specifically for additional works, supplies or services by the original contractor that have become necessary and that were not included in the initial procurement. The initial maximum amount of the framework contract was increased by up to 50 % (i.e.: EUR 70 400 000.00).
VII.2.2)Reasons for modificationNeed for additional works, services or supplies by the original contractor/concessionaire (Art. 43(1)(b) of Directive 2014/23/EU, Art. 72(1)(b) of Directive 2014/24/EU, Art. 89(1)(b) of Directive 2014/25/EU)
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:
These additional services have become necessary due to finalisation of the implementing acts and regulation of other systems (Web Services, ETIAS, Interoperability). These changes in the legal basis were adopted after the CfT was launched and FWC was signed. These changes in the legal basis include new requirements which were not included in the initial procurement.
VII.2.3)Increase in priceUpdated 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: 142 051 690.00 EUR
Total contract value after the modifications
Value excluding VAT: 212 451 690.00 EUR