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Services - 265563-2021

27/05/2021    S101

Estonia-Tallinn: EES

2021/S 101-265563

Modification notice

Modification of a contract/concession during its term

Legal Basis:
Regulation (EU, Euratom) No 2018/1046

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA)
Postal address: Vesilennuki 5
Town: Tallinn
NUTS code: EE Eesti
Postal code: 10415
Country: Estonia
Contact person: EU-LISA Procurement
E-mail: eulisa-procurement@eulisa.europa.eu
Internet address(es):
Main address: https://www.eulisa.europa.eu/Pages/default.aspx

Section II: Object

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

EES

Reference number: LISA/2017/RP/03
II.1.2)Main CPV code
72000000 IT services: consulting, software development, Internet and support
II.1.3)Type of contract
Services
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 performance
NUTS 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 concession
Duration in months: 72
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: 2019/S 101-243528

Section V: Award of contract/concession

Contract No: LISA/2017/RP/03
Title:

EES

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 tenders
The contract/concession has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaire
Official 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/concessionaire
Official 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/concessionaire
Official 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.4.1)Review body
Official name: General Court of the European Union
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: L-2925
Country: Luxembourg
E-mail: GeneralCourt.Registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address: www.curia.europa.eu
VI.4.3)Review procedure
Precise 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 code
72000000 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 performance
NUTS 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 concession
Duration 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/concessionaire
Official 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/concessionaire
Official 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/concessionaire
Official 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 modifications
Nature 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 modification
Need 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 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: 142 051 690.00 EUR
Total contract value after the modifications
Value excluding VAT: 212 451 690.00 EUR