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

Ministry or any other national or federal authority, including their regional or local sub-divisions National or federal agency/Office Regional or local Authority Regional or local Agency/Office Body governed by public law European Institution/Agency or International Organisation

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

The Police and Crime Commissioner and Chief Constable of Leicestershire Police

The Police and Crime Commissioner and Chief Constable of Nottinghamshire Police

The Police and Crime Commissioner and Chief Constable of Northamptonshire Police

Section II: Object of the Contract

II.1)

Description

II.1.1)

Title attributed to the contract by the contracting authority

Lincolnshire Police Business Transformation and Service Delivery Agreement.

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

II.1.3)

This notice involves a framework agreement

II.1.4)

Short description of the contract or purchase(s)

This notice relates to an amendment to the Service Delivery Agreement entered into on 17.2.2012 (following a competitive award process in accordance with the Public Contracts Regulations 2006). The amendment is necessary to take account of the fact that the Police and Crime Commissioners and Chief Constables of Leicestershire Police, Nottinghamshire Police and Northamptonshire Police (the ‘Collaborating Forces’), all of which have replaced bodies listed in the original OJEU Notice, have decided to enter into a collaboration agreement with the Police and Crime Commissioner and Chief Constable of Lincolnshire Police to establish a shared ICT platform using NICHE technology and the services of a data centre supplied to the Police and Crime Commissioner for Lincolnshire under the SDA. The Collaborating Forces will not be parties to the amended SDA and no contractual relationship will exist between the Collaborating Forces (either individually or collectively) and G4S Care and Justice Services (UK) Limited (or any other private sector entity) as a result of this transaction. The amendment to the SDA will be validly made and represents changes which are within the scope of the changes permitted under the original contract. The amended SDA will not amount to a new contract which requires a new competition to be held under the Public Contracts Regulations 2015. The collaboration agreement is to be entered into under section 22 of the Police Act 1996. This collaboration agreement does not require a competition under the Public Contracts Regulations 2015 because it implements co-operation between the four police forces in the public interest and meets the requirements of regulation 12(7) of the Public Contracts Regulations 2015.

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

LPA/PROC/4754

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):

This notice relates to an amendment to the Service Delivery Agreement entered into on 17.2.2012 (following a competitive award process in accordance with the Public Contracts Regulations 2006). The amendment is necessary to take account of the fact that the Police and Crime Commissioners and Chief Constables of Leicestershire Police, Nottinghamshire Police and Northamptonshire Police (the ‘Collaborating Forces’), all of which have replaced bodies listed in the original OJEU Notice, have decided to enter into a collaboration agreement with the Police and Crime Commissioner and Chief Constable of Lincolnshire Police to establish a shared ICT platform using NICHE technology and the services of a data centre supplied to the Police and Crime Commissioner for Lincolnshire under the SDA. The Collaborating Forces will not be parties to the amended SDA and no contractual relationship will exist between the Collaborating Forces (either individually or collectively) and G4S Care and Justice Services (UK) Limited (or any other private sector entity) as a result of this transaction. The amendment to the SDA will be validly made and represents changes which are within the scope of the changes permitted under the original contract. The amended SDA will not amount to a new contract which requires a new competition to be held under the Public Contracts Regulations 2015. The collaboration agreement is to be entered into under section 22 of the Police Act 1996. This collaboration agreement does not require a competition under the Public Contracts Regulations 2015 because it implements co-operation between the four police forces in the public interest and meets the requirements of regulation 12(7) of the Public Contracts Regulations 2015.