Services - 366643-2020

04/08/2020    S149

United Kingdom-London: Maintenance services of telecommunications equipment

2020/S 149-366643

Voluntary ex ante transparency notice

Services

Legal Basis:
Directive 2014/25/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Network Rail Infrastructure Ltd
Postal address: 1 Eversholt Street
Town: London
NUTS code: UK UNITED KINGDOM
Postal code: NW1 2DN
Country: United Kingdom
E-mail: Clare.Embleton@networkrail.co.uk
Telephone: +44 7710958044
Internet address(es):
Main address: www.networkrail.co.uk
I.6)Main activity
Railway services

Section II: Object

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

Technical Support Services and Advanced Cisco Services Framework

II.1.2)Main CPV code
50330000 Maintenance services of telecommunications equipment
II.1.3)Type of contract
Services
II.1.4)Short description:

Framework Agreement with Cisco International Ltd to cover software upgrades, third and fourth line support and architectural and professional services for Cisco equipment that exists in the Network Rail operational and corporate voice and data networks, including the data centres.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT) (Agree to publish? yes)
Value excluding VAT: 70 700 000.00 GBP
II.2)Description
II.2.2)Additional CPV code(s)
64200000 Telecommunications services
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
II.2.4)Description of the procurement:

Cisco products form a major part of the Network Rail core and access network that provides national operational rail and corporate voice and data services to Network Rail. For the Operational Rail, Cisco hardware provides the core Fixed Telephony Network (FTNx IP) based services for signalling systems and trackside voice communications. Within the corporate environment, Cisco equipment is used in the network delivery of almost all of the enterprise applications used by Network Rail to run its business.

A zero-value 5+2 year call-off framework will be set up directly with Cisco International Ltd to cover Technical Services (including upgrades and support), advanced services subscription, advanced services transactional and Cisco managed services on the Cisco systems and hardware, where Cisco is the sole direct supplier of these services.

II.2.5)Award criteria
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:

This framework contract is awarded without a prior publication in the Official Journal of the European Union, under the Utilities Contracts Regulations 2016, the justification for a contract without a prior call for competition is clause 50(1) (c):

Where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons –

(ii) competition is absent for technical reasons;

(iii) the protection of exclusive right, including intellectual property rights.

But only in the case of paragraphs (ii) and (iii), where no reasonable alternative of substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement.

Cisco International Ltd are the Original Equipment Manufacturer (OEM) and owner of intellectual property rights of the hardware (including software and firmware) installed on these networks, and therefore is the only supplier that can directly carry out the technical, advanced and managed services on the Cisco hardware that is embedded into the Network Rail FTNx, Corporate and Data Centre network.

IV.1.3)Information about framework agreement
The procurement involves the establishment of a framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information

Section V: Award of contract/concession

Title:

Technical Support Services and Advanced Cisco Services Framework

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
15/07/2020
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: Cisco International Ltd
Town: Cardiff
NUTS code: UK UNITED KINGDOM
Country: United Kingdom
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT) (Agree to publish? yes)
Total value of the contract/lot/concession: 70 700 000.00 GBP
V.2.5)Information about subcontracting
The contract/lot/concession is likely to be subcontracted

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: The High Court
Postal address: The Strand
Town: London
Country: United Kingdom
VI.5)Date of dispatch of this notice:
30/07/2020