Concession award notice
Results of the procurement procedure
Section I: Contracting
authority/entity
I.1) Name and addresses
Welsh Government
Corporate Procurement Services, Cathays Park
Cardiff
CF10 3NQ
UK
Telephone: +44 3000628803
E-mail: ICTProcurement@gov.wales
NUTS: UKL
Internet address(es)
Main address: http://wales.gov.uk/?skip=1&lang=en
Address of the buyer profile: http://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0007
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
IBM International Passport Advantage Agreement
Reference number: C327/2017/2018
II.1.2) Main CPV code
48218000
II.1.3) Type of contract
Services
II.1.4) Short description
Provision of licensing for IBM software package supporting Rural Payments Wales
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
2 548 039.44
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKL
Main site or place of performance:
All Wales
II.2.4) Description of the procurement
Provision of licensing for IBM software to support Rural Payments Wales
II.2.5) Award criteria
Concession is awarded on the basis of the criteria described below
Criterion: Price
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 72
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) Form of procedure
Award procedure without prior publication of a concession notice in the cases listed below (please complete Annex D4)
Justification for selected award procedure:
The services can be provided only by a particular economic operator for the following reason: protection of intellectual property rights and exclusive rights other than those defined in point (10) of Article 5 of the directive
Explanation
Regulation 32 of the Public Contracts Regulations 2015 provides for the use of the negotiated procedure without prior publication. Paragraph 32(2)(b)provides for where the works, supplies or services can be supplied only by a particular economic operator to protect exclusive rights. Welsh Government require a licensing agreement that enables it to have the flexibility to transition from its current state of delivering a range of payment schemes under the Rural Development Plan for Wales; and the WEFO online IT systems through its on premise solution to a cloud based solution.
Without the licence Welsh Government will not be able to achieve the transition. The software used is IBM proprietary software and it is only this software that can be used in order to achieve transition of the current system.
The need to maintain the current software is imperative because of the issue of Brexit and likelihood of needing to have some alternative farmers payment system in place post Brexit transition. There is also a need to have access to WEFO systems to 2023 at least, based on the European funding cycle for infrastructure and also a need to access data for audit purposes on the previous five year +funding cycles for infrastructure projects to enable EU audit at the end of the projects.
For these reasons a direct licence was sought from IBM under Regulation 32(2)(b) of the Public contract Regulations 2015.
IV.1.11) Main features of the award procedure:
Price
Section V: Award of contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
21/12/2017
V.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
IBM
PO Box 41
Portsmouth
PO6 3AU
UK
NUTS: UKJ31
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:
2 548 039.00
GBP
Section VI: Complementary information
VI.3) Additional information
(WA Ref:75581)
VI.4) Procedures for review
VI.4.1) Review body
Welsh Government
Corporate Procurement Services, Cathays Park
Cardiff
CF10 3NQ
UK
Telephone: +44 3000628803
Internet address(es)
URL: http://wales.gov.uk/?skip=1&lang=en
VI.5) Date of dispatch of this notice
19/01/2018