Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Cheshire East Borough Council
Westfields, Middlewich Road
Sandbach
CW11 1HZ
UK
Contact person: Mrs Ann Cleary
Telephone: +44 1270686595
E-mail: ann.cleary@cheshireeast.gov.uk
NUTS: UKD6
Internet address(es)
Main address: http://www.cheshireeast.gov.uk/
Address of the buyer profile: http://www.cheshireeast.gov.uk/
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Oracle E-business Suite (EBS) and Database Technical Support Services
Reference number: DN398624
II.1.2) Main CPV code
48000000
II.1.3) Type of contract
Services
II.1.4) Short description
Direct award of oracle service contract including annual technical support services for Oracle E-business Suite (EBS) and database technical support for Cheshire East and Cheshire West and Chester BC.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
533 649.66
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKD6
II.2.4) Description of the procurement
This is a joint procurement by Cheshire East Borough Council on behalf of Cheshire East Borough Council and Cheshire West and Chester Borough Council pursuant to Article 32 of Directive 2014/24/EU for support of the Oracle EBS.
II.2.5) Award criteria
Cost criterion: Cost only
/ Weighting: 100
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
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights
Explanation
This is a joint procurement on behalf of Cheshire East Borough Council and Cheshire West and Chester Borough Council (the Councils) pursuant to Regulation 32(2) of the Public Contracts Regulations 2015 (the Regulations). Regulation 32(2)(b) of the regulations permit the use of the negotiated procedure without prior publication where the works, supplies or services can only be supplied by a particular economic operator:
— where competition is absent for technical reasons, or
— the protection of exclusive rights, including intellectual property rights where no reasonable alternative or substitute exists and the absence of competition is not as a result of the artificial narrowing down of the parameters of the procurement.
In 2016 the Councils undertook competitive dialogue procedure to procure a replacement for it’s Oracle Enterprise Resource Planning (ERP) system, a delay in the go-live date of the replacement ERP system requires the Council to continue to use their Oracle ERP system for a further 12 months to enable financial year end and audit activities to be undertaken.
The Councils therefore require ongoing support and maintenance services from Oracle for a further 12 months. Due to ownership of intellectual property rights of the Oracle ERP system the support and maintenance services are not available from any other economic operators. Consequently Regulation 32(2)(b) the negotiated procedure without prior publication applies and may be used to enable the procurement of the support and maintenance services from oracle.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2019/S 058-134890
Section V: Award of contract
Contract No: 810
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
29/03/2019
V.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 0
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Oracle Corporation UK Ltd
1782505
Oracle Parkway, Thames Valley Park
Reading
RG6 1RA
UK
NUTS: UKI
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 533 649.66
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Royal Courts of Justice
London
UK
VI.5) Date of dispatch of this notice
23/04/2019