Description of risks to contract performance
The Contracting Authority has identified the following risks as risks that satisfy the criteria of Schedule 8 sub-paragraph (6)(a) of the Procurement Act 2023 i.e. that the risk/s could jeopardise the satisfactory performance of the contract but, because of its/their nature, cannot be addressed in the contract as awarded:
1. Embedding software appropriately across all business areas of LPS to meet business objectives.
2. Additional Service Days may be required to allow for continuous improvement and also to cover unknown risks that may arise throughout the contract period. These additional service days may be used to cover the following as a minimum;
• Support to apply patches and upgrades
• Support in migrating workbenches between versions
• Training
• Development of Workbenches
• Workbench interoperability between 32-Bit and 64-Bit
• Support publishing to FME Server
• Support regarding Software updates
The Pricing Schedule includes an area for Suppliers to insert their daily rate for the provision of additional services.
The Contracting Authority has concluded that there is a possibility that the contract may have to be modified as a result of a materialisation of the known risk/s at a later date in accordance with Schedule 8 paragraph 5 of the Procurement Act 2023.
Exclusions
If at any time during the procurement, or post award, it comes to the attention of the Contracting Authority (CA) or CPD, by whatever means, that a Supplier has become ‘excluded’ or ‘excludable’ as per Sec 57 of the PA 2023, the CA, after compliance with its obligations under the PA 23, reserves the right to exclude said Supplier from the procurement procedure or terminate any contract they have been awarded.
The Contracting Authority expressly reserves the rights:
(I). not to award any contract as a result of the procurement process commenced by publication of this notice;
(II). to make whatever changes it may see fit to the content and structure of the tendering Competition;
(III). to award (a) contract(s) in respect of any part(s) of the [services] covered by this notice; and
(IV). to award contract(s) in stages.
and in no circumstances will the Authority be liable for any costs incurred by candidates.
This project will be used to progress the Government’s wider social, economic and environmental objectives.