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:
Out-tasking of Activities for Systems and Infrastructure Services (OASIS II)
Reference number: DIGIT/R2/PO/2014/041
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)72500000 Computer-related services
II.2.3)Place of performanceNUTS code: BE Belgique / België
NUTS code: LU0 Luxembourg
Main site or place of performance:
The place of delivery and performance is mainly Luxembourg with a limited number of staff possibly working in Belgium (exceptionally other locations the European Union might be foreseen).
II.2.4)Description of the procurement at the time of conclusion of the contract:
Provision of out-tasking services related to computing, virtualisation, storage, back-up and computer room infrastructures.
II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concessionDuration in months: 84
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
V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:20/11/2015
V.2.2)Information about tendersThe contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaireOfficial name: NTT Belgium Naamloze vennootschap (nv)
National registration number: 0425.907.303
Postal address: Telecomlaan 5-7
Town: Diegem
NUTS code: BE Belgique / België
Postal code: 1831
Country: Belgium
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: 104 937 939.84 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:
Within two months of the notification to the plaintiff or, in the absence thereof, of the day on which it came to the knowledge of the plaintiff, an action for annulment could be launched. Any request made and any reply from the contracting authority, or any complaint for maladministration, will have neither the purpose nor the effect of suspending the time limit for launching an action for annulment nor open a new period for launching an action for annulment. The body responsible for hearing annulment procedures is indicated in Section VI.4.1).
VI.5)Date of dispatch of this notice:26/09/2022
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)72500000 Computer-related services
VII.1.3)Place of performanceNUTS code: BE100 Arr. de Bruxelles-Capitale / Arr. Brussel-Hoofdstad
NUTS code: LU0 Luxembourg
Main site or place of performance:
The place of delivery and performance is mainly Luxembourg with a limited number of staff possibly working in Belgium (exceptionally other locations the European Union might be foreseen).
VII.1.4)Description of the procurement:
Provision of services related to computing, virtualisation, storage, back-up and computer room infrastructures.
VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concessionDuration in months: 84
VII.1.6)Information on value of the contract/lot/concession (excluding VAT)Total value of the contract/lot/concession: 130 401 338.31 EUR
VII.1.7)Name and address of the contractor/concessionaireOfficial name: NTT Belgium Naamloze vennootschap (nv)
National registration number: 0425.907.303
Postal address: Telecomlaan 5–7
Town: Diegem
NUTS code: BE Belgique / België
Postal code: 1831
Country: Belgium
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):
Increase of the global ceiling for the framework contract.
VII.2.2)Reasons for modificationNeed 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 increase in the ceiling was prompted by the following factors:
1. the accelerated consumption under the OASIS II FwC, linked to unforeseen events (such as the COVID-19 pandemic and the war in Ukraine); and
2. the new complementary services arising from EC programs (such as the EC cloud strategy, the local data centre consolidation, Commission’s IT security strategy), which were implemented much faster than expected.
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: 104 937 939.84 EUR
Total contract value after the modifications
Value excluding VAT: 130 401 338.31 EUR