Notice Information
Notice Title
Oxfordshire Fire and Rescue Service (OFRS) and Royal Berkshire Fire and Rescue Service (RBFRS) in partnership on behalf of the Thames Valley Fire Control Service (TVFCS) jointly procured a joint mobilising system and related services. This was for the operational system dealing with 999 calls. The TVFCS now wish to issue a VEAT notice relating to this Contract.
Notice Description
Pursuant to an OJEU Contract Notice dated 21 September 2021 and an OJEU Contract Award Notice dated 18 December 2013, Oxfordshire County Council/Oxfordshire Fire and Rescue Service (OFRS) and Royal Berkshire Fire and Rescue Authority (RBFRA), together "the Fire Authorities", jointly procured, and entered into a Contract (the Contract) dated 21 January 2014 with Capita Secure Information Solutions Limited (CSISL) as "the Supplier", for the provision by CSISL for the Thames Valley Fire Control Service (TVFCS), of a joint Mobilising System and related services. This is for an operational system dealing with 999 calls. The Contract was for seven years from the "Acceptance Date", as defined in Schedule 1 to the Contract. That was 10th April 2015. The Contract made provision for extension: Clauses 3.3 and 5. This was for up to a further 8 years. It has been extended, until April 2024. The Contract also contains provisions for technology refresh: Clauses 4 and 22; and for change control and variation: Clauses 24 and 51 and Schedule 7. This Notice has three objects. The first is to update the initial Notices so as to take account not only of the initial value but also of the value during extension periods. The second is to reflect a novation that has occurred, referred to at 11.2.4 below. The third is to enable and facilitate technology refresh and consequent modification of the Contract with respect to both the hardware, which is at the end of its operational life, and the Supplier's linked software, which requires upgrading by the Supplier. It would not be possible to contract another provider to carry out the software upgrade implementation work. Only the Supplier has the necessary technical knowledge to carry out the work. Moreover, there are intellectual property restrictions. The hardware cannot practicably be procured from a different provider. Operational issues would arise, and, in the event of faults, it would at best be difficult to determine whether the issues being experienced were a software or hardware problem. This would give rise to an unacceptable risk in terms of public safety.
Lot Information
Lot 1
The TVFCS was contracted in 2013 and accepted after Implementation was concluded in April 2015 giving an effective Contract Start Date of 10th April 2015. The Contracting Authorities now wish to update the original award notice 2013/S 246-429370 to correct ambiguity in the value advised at the time, which only related to the Initial Service Contract Period but did not take account of the value of the extension options that had been advertised ie 96months The original tender notice 2012/S 185-304339 stated an estimated value excluding VAT of between 600 000 and 1 000 000 GBP but this range failed to take account of the value of the potential extension options. The subsequent award notice 2013/S 246-429370 stated a total contract value of 870,000 GBP whereas having taken account of all the available options it should have been 1,395,024 GBP. The Contracting authorities wish to highlight the Change of Ownership that has occurred and the Novation Process that was undertaken as a consequence of this event. The Original Contracting Party was CAPITA SECURE INFORMATION SOLUTIONS LIMITED and following a business sale and a Novation of the Contract, on the 19th of August 2022 the Service Provider became SSS Public Safety Limited. The Novation is compliant with Public Contract Regulations 2015 (PCR 2015). Opportunity is also taken to re-affirm the technology refresh options that were envisaged in the advertised opportunity 2012/S 185-304339 and the contractual mechanisms for executing such options as and when they became required. This notice sets out the contractual modification related to a technology refresh and upgrade to the initially provided hardware and software as provided for in the Contract. Modifications are permitted: a) Pursuant to review clauses referred to above and Regulation 72(1)(a) of PCR 2015; b) Pursuant to Regulation 72(1)(b) of PCR 2015 and Preamble (108) of Directive 2014/24/EU, as a change of contract cannot be made for technical reasons, in particular inter-changeability and inter-operability with existing equipment earlier procured, and duplication would be caused of both maintenance and support costs; and c) Pursuant to Regulation 72(1)(e) and (8) of PCR 2015, as the proposed modifications are not substantial within the meaning thereof.
Procurement Information
Modifications are permitted: a) Pursuant to clear, precise and unequivocal review clauses, referred to above, and Regulation 72(1)(a) of PCR 2015; b) Pursuant to Regulation 72(1)(b) of PCR 2015, as a change of contract cannot be made for the above "technical reasons", and the value of the modified hardware and software is less than 50% of 1,395,024 GBP; and c) Pursuant to Regulation 72(1)(e) and (8), as the purported modifications are not "substantial" within that meaning.
Notice Details
Publication & Lifecycle
- Open Contracting ID
- ocds-h6vhtk-03964a
- Publication Source
- Find A Tender Service
- Latest Notice
- https://www.find-tender.service.gov.uk/Notice/000706-2023
- Current Stage
- Award
- All Stages
- Award
Procurement Classification
- Notice Type
- Award Notice
- Procurement Type
- Standard
- Procurement Category
- Services
- Procurement Method
- Limited
- Procurement Method Details
- Award procedure without prior publication of a call for competition
- Tender Suitability
- Not specified
- Awardee Scale
- Large
Common Procurement Vocabulary (CPV)
- CPV Divisions
35 - Security, fire-fighting, police and defence equipment
48 - Software package and information systems
72 - IT services: consulting, software development, Internet and support
-
- CPV Codes
35000000 - Security, fire-fighting, police and defence equipment
48000000 - Software package and information systems
72000000 - IT services: consulting, software development, Internet and support
72200000 - Software programming and consultancy services
Notice Value(s)
- Tender Value
- Not specified
- Lots Value
- Not specified
- Awards Value
- Not specified
- Contracts Value
- Not specified
Notice Dates
- Publication Date
- 10 Jan 20233 years ago
- Submission Deadline
- Not specified
- Future Notice Date
- Not specified
- Award Date
- 9 Jan 20233 years ago
- Contract Period
- Not specified - Not specified
- Recurrence
- Not specified
Notice Status
- Tender Status
- Complete
- Lots Status
- Not Specified
- Awards Status
- Active
- Contracts Status
- Active
Buyer & Supplier
Contracting Authority (Buyer)
- Main Buyer
- OXFORDSHIRE COUNTY COUNCIL
- Contact Name
- Mr Martin Hall
- Contact Email
- martin.hall@oxfordshire.gov.uk
- Contact Phone
- +44 7889164706
Buyer Location
- Locality
- OXFORD
- Postcode
- OX1 1ND
- Post Town
- Oxford
- Country
- England
-
- Major Region (ITL 1)
- TLJ South East (England)
- Basic Region (ITL 2)
- TLJ1 Berkshire, Buckinghamshire and Oxfordshire
- Small Region (ITL 3)
- TLJ14 Oxfordshire CC
- Delivery Location
- TLJ1 Berkshire, Buckinghamshire and Oxfordshire
-
- Local Authority
- Oxford
- Electoral Ward
- Osney & St Thomas
- Westminster Constituency
- Oxford West and Abingdon
Further Information
Open Contracting Data Standard (OCDS)
View full OCDS Record for this contracting process
The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts.
{
"tag": [
"compiled"
],
"id": "ocds-h6vhtk-03964a-2023-01-10T15:41:42Z",
"date": "2023-01-10T15:41:42Z",
"ocid": "ocds-h6vhtk-03964a",
"initiationType": "tender",
"tender": {
"id": "DN648951",
"legalBasis": {
"id": "32014L0024",
"scheme": "CELEX"
},
"title": "Oxfordshire Fire and Rescue Service (OFRS) and Royal Berkshire Fire and Rescue Service (RBFRS) in partnership on behalf of the Thames Valley Fire Control Service (TVFCS) jointly procured a joint mobilising system and related services. This was for the operational system dealing with 999 calls. The TVFCS now wish to issue a VEAT notice relating to this Contract.",
"status": "complete",
"classification": {
"scheme": "CPV",
"id": "72200000",
"description": "Software programming and consultancy services"
},
"mainProcurementCategory": "services",
"description": "Pursuant to an OJEU Contract Notice dated 21 September 2021 and an OJEU Contract Award Notice dated 18 December 2013, Oxfordshire County Council/Oxfordshire Fire and Rescue Service (OFRS) and Royal Berkshire Fire and Rescue Authority (RBFRA), together \"the Fire Authorities\", jointly procured, and entered into a Contract (the Contract) dated 21 January 2014 with Capita Secure Information Solutions Limited (CSISL) as \"the Supplier\", for the provision by CSISL for the Thames Valley Fire Control Service (TVFCS), of a joint Mobilising System and related services. This is for an operational system dealing with 999 calls. The Contract was for seven years from the \"Acceptance Date\", as defined in Schedule 1 to the Contract. That was 10th April 2015. The Contract made provision for extension: Clauses 3.3 and 5. This was for up to a further 8 years. It has been extended, until April 2024. The Contract also contains provisions for technology refresh: Clauses 4 and 22; and for change control and variation: Clauses 24 and 51 and Schedule 7. This Notice has three objects. The first is to update the initial Notices so as to take account not only of the initial value but also of the value during extension periods. The second is to reflect a novation that has occurred, referred to at 11.2.4 below. The third is to enable and facilitate technology refresh and consequent modification of the Contract with respect to both the hardware, which is at the end of its operational life, and the Supplier's linked software, which requires upgrading by the Supplier. It would not be possible to contract another provider to carry out the software upgrade implementation work. Only the Supplier has the necessary technical knowledge to carry out the work. Moreover, there are intellectual property restrictions. The hardware cannot practicably be procured from a different provider. Operational issues would arise, and, in the event of faults, it would at best be difficult to determine whether the issues being experienced were a software or hardware problem. This would give rise to an unacceptable risk in terms of public safety.",
"lots": [
{
"id": "1",
"description": "The TVFCS was contracted in 2013 and accepted after Implementation was concluded in April 2015 giving an effective Contract Start Date of 10th April 2015. The Contracting Authorities now wish to update the original award notice 2013/S 246-429370 to correct ambiguity in the value advised at the time, which only related to the Initial Service Contract Period but did not take account of the value of the extension options that had been advertised ie 96months The original tender notice 2012/S 185-304339 stated an estimated value excluding VAT of between 600 000 and 1 000 000 GBP but this range failed to take account of the value of the potential extension options. The subsequent award notice 2013/S 246-429370 stated a total contract value of 870,000 GBP whereas having taken account of all the available options it should have been 1,395,024 GBP. The Contracting authorities wish to highlight the Change of Ownership that has occurred and the Novation Process that was undertaken as a consequence of this event. The Original Contracting Party was CAPITA SECURE INFORMATION SOLUTIONS LIMITED and following a business sale and a Novation of the Contract, on the 19th of August 2022 the Service Provider became SSS Public Safety Limited. The Novation is compliant with Public Contract Regulations 2015 (PCR 2015). Opportunity is also taken to re-affirm the technology refresh options that were envisaged in the advertised opportunity 2012/S 185-304339 and the contractual mechanisms for executing such options as and when they became required. This notice sets out the contractual modification related to a technology refresh and upgrade to the initially provided hardware and software as provided for in the Contract. Modifications are permitted: a) Pursuant to review clauses referred to above and Regulation 72(1)(a) of PCR 2015; b) Pursuant to Regulation 72(1)(b) of PCR 2015 and Preamble (108) of Directive 2014/24/EU, as a change of contract cannot be made for technical reasons, in particular inter-changeability and inter-operability with existing equipment earlier procured, and duplication would be caused of both maintenance and support costs; and c) Pursuant to Regulation 72(1)(e) and (8) of PCR 2015, as the proposed modifications are not substantial within the meaning thereof.",
"awardCriteria": {
"criteria": [
{
"name": "Quality - Integration with core ICT Hardware + Software",
"type": "quality",
"description": "50"
},
{
"type": "price",
"description": "50"
}
]
},
"hasOptions": false
}
],
"items": [
{
"id": "1",
"additionalClassifications": [
{
"scheme": "CPV",
"id": "35000000",
"description": "Security, fire-fighting, police and defence equipment"
},
{
"scheme": "CPV",
"id": "48000000",
"description": "Software package and information systems"
},
{
"scheme": "CPV",
"id": "72000000",
"description": "IT services: consulting, software development, Internet and support"
}
],
"deliveryAddresses": [
{
"region": "UKJ1"
}
],
"relatedLot": "1"
}
],
"procurementMethod": "limited",
"procurementMethodDetails": "Award procedure without prior publication of a call for competition",
"coveredBy": [
"GPA"
],
"procurementMethodRationaleClassifications": [
{
"scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
"id": "D_OUTSIDE_SCOPE",
"description": "The procurement falls outside the scope of application of the directive"
}
],
"procurementMethodRationale": "Modifications are permitted: a) Pursuant to clear, precise and unequivocal review clauses, referred to above, and Regulation 72(1)(a) of PCR 2015; b) Pursuant to Regulation 72(1)(b) of PCR 2015, as a change of contract cannot be made for the above \"technical reasons\", and the value of the modified hardware and software is less than 50% of 1,395,024 GBP; and c) Pursuant to Regulation 72(1)(e) and (8), as the purported modifications are not \"substantial\" within that meaning."
},
"awards": [
{
"id": "000706-2023-DN648951-1",
"relatedLots": [
"1"
],
"title": "Technology Refresh of TVFCS",
"status": "active",
"suppliers": [
{
"id": "GB-FTS-72523",
"name": "SSS Public Safety Limited"
}
]
}
],
"parties": [
{
"id": "GB-FTS-79",
"name": "Oxfordshire County Council",
"identifier": {
"legalName": "Oxfordshire County Council"
},
"address": {
"streetAddress": "Oxfordshire County Council, 3rd Floor County Hall",
"locality": "Oxford",
"region": "UKJ1",
"postalCode": "OX1 1ND",
"countryName": "United Kingdom"
},
"contactPoint": {
"name": "Mr Martin Hall",
"telephone": "+44 7889164706",
"email": "martin.hall@oxfordshire.gov.uk"
},
"roles": [
"buyer"
],
"details": {
"url": "http://www.oxfordshire.gov.uk",
"buyerProfile": "http://www.oxfordshire.gov.uk",
"classifications": [
{
"scheme": "TED_CA_TYPE",
"id": "REGIONAL_AUTHORITY",
"description": "Regional or local authority"
},
{
"scheme": "COFOG",
"id": "01",
"description": "General public services"
}
]
}
},
{
"id": "GB-FTS-72523",
"name": "SSS Public Safety Limited",
"identifier": {
"legalName": "SSS Public Safety Limited"
},
"address": {
"streetAddress": "Methuen Park,",
"locality": "Chippenham",
"region": "UKJ1",
"postalCode": "SN14 OTW",
"countryName": "United Kingdom"
},
"roles": [
"supplier"
],
"details": {
"url": "http://www.oxfordshire.gov.uk",
"scale": "large"
}
},
{
"id": "GB-FTS-4445",
"name": "High Court of England and Wales",
"identifier": {
"legalName": "High Court of England and Wales"
},
"address": {
"streetAddress": "Royal Courts of Justice",
"locality": "London",
"postalCode": "WC1A 2LL",
"countryName": "United Kingdom"
},
"contactPoint": {
"telephone": "+44 1865815360",
"email": "martin.hall@oxfordshire.gov.uk"
},
"roles": [
"reviewBody"
],
"details": {
"url": "http://www.oxfordshire.gov.uk"
}
}
],
"buyer": {
"id": "GB-FTS-79",
"name": "Oxfordshire County Council"
},
"contracts": [
{
"id": "000706-2023-DN648951-1",
"awardID": "000706-2023-DN648951-1",
"title": "Technology Refresh of TVFCS",
"status": "active",
"dateSigned": "2023-01-09T00:00:00Z"
}
],
"bids": {
"statistics": [
{
"id": "1",
"measure": "lowestValidBidValue",
"relatedLot": "1",
"value": 870000,
"currency": "GBP"
},
{
"id": "2",
"measure": "highestValidBidValue",
"relatedLot": "1",
"value": 2000000,
"currency": "GBP"
}
]
},
"links": [
{
"rel": "prev",
"href": "https://ted.europa.eu/udl?uri=TED:NOTICE:429370-2013:TEXT:EN:HTML"
}
],
"language": "en"
}