VOLUNTARY EX ANTE TRANSPARENCY NOTICE

Section I: Contracting Authority/Entity

I.1)

Name, Address and Contact Point(s)

I.2)

Type of contracting Authority and Main Activity or Activities

Other (Please specify): Institute of Higher Education

General public services Defence Public order and safety Environment Economic and financial affairs Health Housing and community amenities Social protection Recreation, culture and religion Education

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

Planon licence extension and renewal.

II.1.2(a))

Type of works contract

II.1.2(b))

Type of supplies contract

II.1.2(c))

Type of service contract

II.1.2)

Main site or location of works, place of delivery or performance

UK.

II.1.3)

This notice involves a framework agreement

II.1.4)

Short description of the contract or purchase(s)

Provision of perpetual licences, mobile services, hosting and ongoing support and maintenance services for Planon Facility Solution software which supports facilities and estate management.

II.1.5)

Common Procurement Vocabulary (CPV)

II.1.6)

Contract covered by the government procurement agreement (GPA)

II.2)

Total final value of the contract(s)

II.2.1)

Total final value of the contract(s)

Section IV: Procedure

IV.1)

Type of procedure

IV.1.1)

Type of procedure

IV.2)

Award criteria

IV.2.1)

Award criteria

IV.2.2)

An electronic auction has been used

IV.3)

Administrative information

IV.3.1)

File reference number attributed by the contracting authority

KCL08-0010 renewal and expansion

IV.3.2)

Previous publication(s) concerning the same contract

Other previous publications

Section V: Award of contract

Contract No:

 Lot Number: 

 Title: 

V.1)

Date of contract award decision:

V.2)

Numbers of offers received:

V.3)

Name and address of economic operator to whom the contract has been awarded

V.4)

Information on value of contract

V.5)

The contract is likely to be subcontracted

Short description of the value/proportion of the contract to be subcontracted

Section VI: Complementary Information

VI.1)

Contract related to a project and/or programme financed by community funds?

VI.2)

Additional Information

VI.3)

Procedures for appeal

VI.3.1)

Body responsible for appeal procedures

Body responsible for mediation procedures

VI.3.2)

Lodging of appeals

VI.3.3)

Service from which information about the lodging of appeals may be obtained

VI.4)

Dispatch date of this Notice

Annex D1 – General procurement

Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2004/18/EC

a) No tenders or no appropriate tenders in response to:

	Open procedure
	Restricted procedure

b) The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive (for supplies only).

c) The works/goods/services can be provided only by a particular tenderer for reasons that are:

	Technical
	Artistic
	Connected with the protection of exclusive rights

d) Extreme urgency brought about by events unforeseeable by the contracting authority and in accordance with the strict conditions stated in the Directive.

e) Additional works/deliveries/services are ordered under the strict conditions stated in the Directive.

f) New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive.

g)Service contract awarded to the successful candidate or one of them after a design contest.

h) For supplies quoted and purchased on a commodity market.

i) For the purchase of supplies on particularly advantageous terms:

	from a supplier which is definitely winding up its business activities
	from the receivers or liquidators of a bankruptcy, an arrangement with creditors or a similar procedure.

j) All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria.

Other justification for the award of the contract without prior publication of a contract notice in the OJEU:

k) The contract has as its object services listed in Annex B of Directive 2004/18/EC or in Annex XVII B of Directive 2004/17/EC

l) The contract falls outside the scope of application of the relevant directive.

In addition to the box(es) ticked above please explain in a clear and comprehensive manner why the award of the contract without prior publication of a contract notice in the OJEU is lawful, stating in any case the relevant facts, and, as appropriate, the conclusions of law in accordance with the articles in the relevant Directive (500 words maximum):

King's College London procured an Estates and Facilities Planned Maintenance, Helpdesk and Facilities Management System in 2010 following a Restricted Procedure (OJEU Notice 2008/S 250-334176). The contract was awarded to Planon following selection and evaluation in accordance with the ITT. Following award, a significant investment was made in the implementation of the solution, which included training users, installing and hosting the software and ongoing support of the system, which is now fully embedded in the university as a live system. Recent developments in the use of mobile devices, expansion of the number of users, and use of cloud-based systems for hosting and storage of data now require that this contract be extended to more than triple the number of concurrent users, add mobile device user modules and move hosting to a cloud-based provider. These changes will have a consequential impact on the licence, support and maintenance, and hosting fees that represents a material change to the original contract. However, whilst this represents a material change, the system remains useful, and the cost of change to a new system is prohibitive. Planon have exclusive rights in the software, and and no other economic operator is in a position to offer the ongoing support of the system. For this reason, the services required can only be provided by one economic operator.