Social and other specific services – concessions
Prior information notice
Section I: Contracting
authority/entity
I.1) Name and addresses
The Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow
SK9 5AF
UK
Contact person: Angela Muston
Telephone: +44 1625545320
E-mail: Procurement2@ico.org.uk
Fax: +44 1625524510
NUTS: UKD2
Internet address(es)
Main address: www.ico.org.uk
I.4) Type of the contracting authority
National or federal agency/office
I.5) Main activity
Other: statutory public body with regulatory powers in data protection and information rights
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Concessions Contract for Services relating to Telephone Preference Registers.
II.1.2) Main CPV code
72320000
II.1.4) Short description
The Services consist of maintaining registers of the telephone and fax numbers of individuals and corporate entities who do not wish to receive direct marketing communications via telephone or fax. The Services include the collection of data from such individuals and corporate entities. The contract will grant the service provider a concession to sell licences to those wanting access to such registers for direct marketing purposes.
II.1.5) Estimated total value
Value excluding VAT:
3 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
72300000
72322000
72312000
72313000
72314000
72317000
72318000
72319000
75110000
75100000
II.2.3) Place of performance
NUTS code:
UK
Main site or place of performance:
United Kingdom.
II.2.4) Description of the procurement
This procurement is for a services concession contract as defined in Regulation 3 of the Concessions Regulations. Under the Concessions Regulations, the procurement of a services concession contract which does not meet the financial threshold specified in Regulation 9 of the Concessions Regulations (‘Threshold’), does not have to be carried out in accordance with the full remit of the Concessions Regulations. Despite current uncertainty as to whether or not the Contract value meets the Threshold, the Information Commissioner has opted voluntarily to adhere closely to the requirements of the Concessions Regulations as if they did apply with the aim of ensuring a fair and transparent competition.
It is the Information Commissioner's intention to select a preferred Bidder on the basis of Tenders received. However, the Information Commissioner does not rule out at this stage that, post Tender evaluation, a negotiation phase may be desirable or necessary.
II.2.6) Estimated value
Value excluding VAT:
3 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 36
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
The total value of the contract has been estimated based on the average costs over 5 years of the existing service contract. Whilst the duration of the concession is stated as 36 months at II.2.7, the contract will contain an option to extend for up to 2 further periods of 12 months each. The estimated total value has therefore been based on a potential 5 year contract term.
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.4) Objective rules and criteria for participation
Full details will be available in the tender documentation.
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
The Concession must be performed in accordance with the statutory requirements under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). For background, the Services involve the provision of free of charge registers for individual members of the public and corporate entities to expressly opt out of receiving direct marketing materials by telephone or fax (‘Preference Subscribers’) on behalf of the Information Commissioner. At the end of 2016, Ofcom's responsibilities under the PECR were transferred to the Information Commissioner under the Privacy and Electronic Communications (EC Directive)(Amendment)(No 2) Regulations 2016. The Information Commissioner is permitted by PECR to outsource this statutory service to a third party. The third party's contractual income is derived from fees charged to business entities wishing to obtain a list of Preference Subscribers.
Section IV: Procedure
IV.1) Description
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
18/04/2017
Local time: 16:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
Section VI: Complementary information
VI.3) Additional information
Interested economic operators are invited to register their interest by sending an email headed ‘TPS — Expression of Interest’ to Procurement2@ico.org.uk no later than 16:00 on Tuesday 18.4.2017. Upon registration, economic operators will be sent details of a bidders' day to take place on Friday 28.4.2017 together with a questionnaire for completion in advance of the bidder's day.
VI.5) Date of dispatch of this notice
22/03/2017