The Guinness Partnership Ltd

30 Brock Street, Regents Place

London

NW1 3FG

UK

Contact person: - Dennis Viljoen

Telephone: +44 3031231890

E-mail: dennis.viljoen@guinness.org.uk

NUTS: UK

Internet address(es)

Main address: http://www.guinnesspartnership.com/

Address of the buyer profile: http://www.guinnesspartnership.com/

II.1.1) Title

Reference number: DN748092

II.1.2) Main CPV code

48440000

II.1.3) Type of contract

Supplies

II.1.4) Short description

The Guinness Partnership Ltd. employs the software solutions provided by the Oracle Corporation as the business' core financial management, planning and budgeting systems. This includes a number of licences for software provided by Oracle, which can be grouped into two core products - Oracle Fusion ERP, and Oracle Fusion EPM.

Guinness' initial contract for these services with Oracle ended in Oct 2024, and the business has renewed these contracts with Oracle on the basis of a specified exemption under the Public Contract Regulations 2015. Term is a 10 year (5+5) period, without further competition. See below for further details.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 7 000 000.00  GBP

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

Guinness' has renewed its contract for these services directly with Oracle, without further competition, on the basis of a specified exemption under the Public Contract Regulations (PCR) 2015.

Under Regulation 32 of the PCR, authorities are able to make use of the negotiated procedure without prior publication where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons:- (i) the aim of the procurement is the creation or acquisition of a unique work of art or artistic performance, (ii) competition is absent for technical reasons, or (iii) the protection of exclusive rights, including intellectual property rights.

Guinness as the contracting authority is of the view that competition is absent for technical reasons (ii). The software configuration in place is deeply embedded into Guinness' IT architecture and is significantly bespoke to our business requirements, which makes changing systems highly complex and prohibitive. Furthermore Guinness considers that exemption (iii) also applies, on the basis that Oracle alone has exclusive ownership of the intellectual property which forms our bespoke solution.

As per exemption (ii), the level of complexity of the current software implementation and licencing configuration embedded within Guinness' IT architecture is such that it can only feasibly be provided and maintained by Oracle. The Guinness Partnership therefore believes that the conditions for Regulation 32 of the PCR are therefore met and has entered directly into contract via negotiation with Oracle.

Guinness has formalised the extension of contract with Oracle following the publication of a VEAT notice and the completion of a 10-day standstill period. Voluntary ex ante transparency notice Notice reference: 2024/S 000-033825; Published: 18 October 2024, 3:52pm.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: No

IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S:

2024/S 000-033825

Oracle Corporation UK Limited

Oracle Parkway, Thames Valley Park

Reading, Berkshire

RG6 1RA

UK

NUTS: UK

The contractor is an SME: No

VI.4.1) Review body