Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
Jisc Services Ltd
4 Portwall Lane
Bristol
BS1 6NB
UK
Contact person: Claire Forkner
E-mail: procurement@jisc.ac.uk
NUTS: UK
Internet address(es)
Main address: www.jisc.ac.uk
I.4) Type of the contracting authority
Other: National Education and Research Network Provider
I.5) Main activity
Education
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Brill Online Journals Collection Read and Publish
II.1.2) Main CPV code
80000000
II.1.3) Type of contract
Services
II.1.4) Short description
Jisc is seeking to enter into a contract with Koninklijke Brill NV for electronic journals in the areas of humanities, social sciences, law and science.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
559 000.00
EUR
II.2) Description
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
Jisc is seeking to enter into a contract with Koninklijke Brill NV to offer the opportunity to Jisc member institutions to subscribe to and publish open access articles in its e-journals. Koninklijke Brill NV owns the IPR to the e-journals and is the sole supplier of this unique content, which will be paid for and used by Jisc member institutions, not Jisc itself. The agreement will run from 1 January 2020 to 31 December 2021.
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
II.2.14) Additional information
The contract value is an estimate based on the aggregate sum of the licence fees that will be paid to the supplier by Jisc member institutions; Jisc Collections itself makes no payment to the supplier for this service.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without prior publication
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:
Koninklijke Brill NV owns the IPR to the e-journals and is the sole supplier of this unique content.. Therefore Jisc is clear that the arrangement falls within the IPR derogation, contained within Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015, permitting Jisc to enter into the direct award.
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
26/11/2020
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
Koninkliijke Brill NV
2 Plantijnstraat
Leiden
2321 JC
NL
NUTS: NL
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:
559 000.00
EUR
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Jisc Services Ltd
Bristol
UK
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
Jisc Services Ltd will incorporate a standstill period at the point information on the award of the contract is communicated to suppliers. This notification provides information on the award decision. The standstill period, which will be for a minimum of 10 calendar days, provides time for suppliers to challenge the award decision before the contract is entered into. The Public Contracts Regulations 2015 article 91 provides for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court(England, Wales and Northern Ireland).
VI.5) Date of dispatch of this notice
26/11/2020