Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
CPD — Supplies and Services Division
303 Airport Road West
Belfast
BT3 9ED
UK
E-mail: ssdadmin.cpd@finance-ni.gov.uk
NUTS: UK
Internet address(es)
Main address: https://etendersni.gov.uk/epps
Address of the buyer profile: https://etendersni.gov.uk/epps
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
The Provision of Electronic Human Resource and Related ICT Services for the Northern Ireland Civil Service (e-HR Programme)
Reference number: P17980
II.1.2) Main CPV code
79631000
II.1.3) Type of contract
Services
II.2) Description
II.2.2) Additional CPV code(s)
79631000
72300000
72260000
72510000
72253200
79414000
79400000
79410000
II.2.3) Place of performance
NUTS code:
UKN
II.2.4) Description of the procurement
Following an open competition (advertised in the Official Journal of the EU in 2003), the Department of Finance (DoF) entered into a Strategic Partnering Agreement (SPA) with Fujitsu on 29 March 2006 for the provision of Electronic Human Resource and related ICT Services for the Northern Ireland Civil Service (NICS) and a number of Non Departmental Public Bodies. The SPA (known as e-HR) provided an end to end fully managed solution for the provision of payroll and HR services. The system is heavily customised to align to its users' wide range of HR policies and procedures. The SPA expires on 29 March 2021.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 180
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) Previous publication concerning this procedure
Notice number in the OJ S:
2006/S 090-096126
Section V: Award of contract/concession
Contract No: P17980
Title: The Provision of Electronic Human Resource and Related ICT Services for the Northern Ireland Civil Service (e-HR programme)
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
29/03/2006
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
Fujitsu Services Ltd
22 Baker Street
London
UK
E-mail: james.taylor@fujitsu.co.uk
NUTS: UKI
Internet address(es)
URL: www.fujitsu.com
The contractor/concessionaire is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 185 000 000.00
GBP
Section VI: Complementary information
VI.3) Additional information
For completeness the Department of Finance published a voluntary transparency notice (ref 2021/S 053-134593) to alert economic operators to the Department's intention to modify contract ref P17980. The contract modification was concluded on 29 March 2021 and will extend the contract for a maximum of 6 years (4 years with 2 annual options to extend). The estimated value of the extension is GBP 58.2 million for 4 years; GBP 72.8 million for 5 years and GBP 86.8 million for 6 years.
VI.4) Procedures for review
VI.4.1) Review body
NI Courts and Tribunal Service
Belfast
UK
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
The Public Contracts Regulations 2015 (as amended) do not include a formal review mechanism. Economic operators who wish to challenge the award of a contract or a contract modification can bring a claim to the NI Courts and Tribunal Service.
VI.5) Date of dispatch of this notice
30/03/2021
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
79631000
VII.1.2) Additional CPV code(s)
72300000
72260000
72510000
72253200
79414000
79400000
79410000
VII.1.3) Place of performance
NUTS code:
UKN
VII.1.4) Description of the procurement
Following an open competition (advertised in the Official Journal of the EU in 2003), the Department of Finance (DoF) entered into a Strategic Partnering Agreement (SPA) with Fujitsu on 29 March 2006 for the provision of Electronic Human Resource and related ICT Services for the Northern Ireland Civil Service (NICS) and a number of Non Departmental Public Bodies. The SPA (known as e-HR) provided an end to end fully managed solution for the provision of payroll and HR services. The contract expires on 29 March 2021.
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 252
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 185 000 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
No
VII.1.7) Name and address of the contractor/concessionaire
Fujitsu Services Ltd
22 Baker Street
London
UK
E-mail: james.taylor@fujitsu.co.uk
NUTS: UKI
Internet address(es)
URL: www.fujitsu.com
The contractor/concessionaire is an SME:
No
VII.2) Information about modifications
VII.2.1) Description of the modifications
The eHR Strategic Partnership Agreement (SPA) is a fully managed contract for the provision of payroll and HR systems and services. The system has been heavily customised over the last 15 years to align to its users wide range of HR policies and procedures. The SPA is an end to end HR and Payroll solution including the provision and management of hardware/software and services. The modification will extend the SPA from 29 March 2021 for a period of 4 years with 2 further annual options to extend. The original contract notice 2003/S 186-168054 showed the contract term as 10 years support from the point of the implementation of the services, with an option to extend the contract for a further 5 years. The contract notice stated that this period was subject to negotiation during the procurement phase. During the negotiation phase, it was agreed that the contract period would be 15 years (as opposed to 10 years with an option to extend for a further 5 years), however the contract award didn’t reflect the additional time for the implementation of services which had been intended in the original contract notice. The full implementation for all services under the e-HR contract took almost 4 years which is the initial period for this extension. The additional 2 annual options to extend will provide contingency for any delays during the procurement phase or implementation period for the replacement contract. The value of the 4 year extension is estimated at GBP 58.2 million. The accumulative value of the 5 years extension is estimated at GBP 72.8 million and the accumulative value of the 6 years extension is estimated at GBP 86.8 million.
VII.2.2) Reasons for modification
Need for additional works, services or supplies by the original contractor/concessionaire
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:
The eHR Strategic Partnership Agreement (SPA) is a fully managed contract for the provision of payroll and HR systems and services. It has become necessary to maintain the current system and services beyond the contract's expiry date (i.e 29 March 2021). As such DoF has modified the contract with effect from 29 March 2021 in accordance with Regulation 72(1)(b) for the following reasons:
(i) the existing contractor provides a fully managed service for a broad and complex range of payroll, HR and related ICT services (including, without limitation, on-going management, operation and maintenance support), underpinned by computer hardware, software and associated products;
(ii) the Oracle solution has been heavily customised to align with the NICS HR policies and procedures and the current contractor has acquired the necessary intellectual property and know how to maintain and develop the system;
(iii) a change of contractor for this critical managed service, for a relatively short period of time, during which replacement contract(s) will be procured and implemented, would introduce an unacceptable risk of system failure and will cause substantial duplication of costs and significant inconvenience to the contracting authority and a potential disruption to public services.
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: 215 800 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 302 600 000.00 Currency: GBP