Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
Royal Borough of Greenwich
3rd Floor, Woolwich Centre, 35 Wellington St
London
SE18 6HQ
UK
Contact person: Andrew Clark
Telephone: +44 2089214334
E-mail: procurement@royalgreenwich.gov.uk
NUTS: UKI5
Internet address(es)
Main address: www.royalgreenwich.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
IBM IPSSMD Upgrade and Associated Work
II.1.2) Main CPV code
48517000
II.1.3) Type of contract
Services
II.1.4) Short description
A mandatory upgrade of Dynamics 365, to version 9.1, scheduled by Microsoft, requires a corresponding upgrade to IBM’s IP to be compliant with Dynamics version 9.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
36 625.00
EUR
II.2) Description
II.2.3) Place of performance
NUTS code:
UKI51
II.2.4) Description of the procurement
A mandatory upgrade of Dynamics 365, to version 9.1, scheduled by Microsoft, requires a corresponding upgrade to IBM’s IP to be compliant with Dynamics version 9.
II.2.5) Award criteria
Criteria below:
Price
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 procurement falls outside the scope of application of the Directive
Explanation:
Market testing exercise for a replacement to the council’s original CRM system was carried out in 2016 and Microsoft Dynamics 365 was identified and selected as the replacement platform; with IBM United Kingdom Limited selected as the council’s implementation partner, using IBM’s proprietary IP in order to save time with the implementation of the CRM.
Although not envisioned in the original procurement, the business case for using proprietary IP was considerable. This has now created a new dependency on IBM for supporting this element of the CRM deployment.
With a mandatory upgrade of Dynamics 365, to version 9.1, scheduled by Microsoft, a corresponding upgrade to IBM’s IP is needed to be compliant with Dynamics version 9. As such, RBG intent is to make a further award to the initial contract, directly to the current supplier, IBM, after the 10 days standstill period, unless this VEAT notice alerts other suppliers with the expertise and ability to meet the requirement within the time frame.
The provisions of Regulation 99 of the PCR 2015, provides for grounds of ineffectiveness — this direct award will be lawful and the first ground does not apply because all the following apply:
(a) that RBG considered the award of the contract without prior publication of a contract notice to be permitted by part 2;
(b) that RBG has had published in the official journal a voluntary transparency notice expressing its intention to enter into a contract;
(c) and the contract has not been entered into before the end of a period of at least 10 days beginning with the day after the date on which the Voluntary Transparency Notice (VEAT) was published.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section V: Award of contract/concession
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
01/12/2018
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
IBM United Kingdom Ltd
741598
3rd Floor, 76-78 Upper Ground, Southbank
London
SE1 9PZ
UK
E-mail: erchelp@uk.ibm.com
NUTS: UKI
Internet address(es)
URL: www.ibm.com
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
36 625.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
High Court of England and Wales, 1 Royal Courts of Justice, Strand
London
WC1A 2LL
UK
VI.4.2) Body responsible for mediation procedures
High Court of England and Wales, Royal Courts of Justice, Strand
London
WC1A 2LL
UK
VI.5) Date of dispatch of this notice
10/12/2018