Description of how these justifications apply
The Authority intends to award a contract directly to the Supplier pursuant to Section 41 and Schedule 5 of the Procurement Act 2023..
The contract relates to the development and implementation of enhancements to the Supplier's existing Electoral Management System used by Welsh local authorities to support the introduction of Automatic Voter Registration in Wales. The required services comprise modifications to the Supplier's proprietary software platform and associated functionality.
The Authority considers that only the Supplier is capable of delivering the required services because it owns and maintains the relevant Electoral Management System and holds the associated intellectual property rights, technical knowledge and access necessary to undertake the required development work. The requirement relates to modifications of an existing supplier-owned system and does not constitute the procurement of a new Electoral Management System.
The Authority further considers that there are no reasonable alternative suppliers capable of providing the required services. Any alternative supplier would be unable to modify or develop the Supplier's Electoral Management System without access to the Supplier's proprietary software, intellectual property rights and technical architecture. The Authority is establishing comparable contractual arrangements with all Electoral Management System providers operating within Wales, with each supplier responsible for implementing changes to its own platform.
Accordingly, the Authority considers that the conditions for a direct award are met under Schedule 5, Paragraph 5(a) and (b) and Paragraph 6(a) and (b) of the Procurement Act 2023, as only the Supplier can provide the required services due to intellectual property rights, exclusive rights and an absence of competition for technical reasons, and no reasonable alternative exists.