National Intelligent Integrated Audit Solution ("NIIAS")

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-0428ff-2023-12-21T08:44:49Z",
    "date": "2023-12-21T08:44:49Z",
    "ocid": "ocds-h6vhtk-0428ff",
    "description": "The absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. Extension of the current contract by way of modification and/or direct award, is the only viable option to ensure continuity of service. The contract was extended by twenty-four (24) months prior to expiry on 23rd November 2021 as a result of (i) the Covid-19 global pandemic and (ii) the exit of Blaenavon Data Centre impacting on resources to ensure continuity of NIIAS as a critical component of NHS Wales' national healthcare information systems. That initial extension period has proved insufficient to undertake a market assessment for a replacement solution, review the purpose and functionality of the NIIAS on an All Wales basis and carry out a re-tender exercise. This further extension of thirty-six (36) months is considered to be the minimum period required to undertake these exercises. Service continuity is imperative to ensure the safety of patient care and services across the NHS in Wales. As the NIIAS is a bespoke solution, embedded within NHS organisations across Wales and the intellectual property rights are reserved to the provider and used only on licence during the term of the agreement, the contracting authority is entitled to make this award under Regulation 32(2)(b)(iii) and/or modify the contract under Regulation 72(1)(e) of the Public Contracts Regulations 2015 as an extension of the term alone is insubstantial. The modification does not: - render the contract materially different in character; - introduce conditions which would have allowed for the admission of other candidates, attracted other participants or resulted in a different outcome; - changes the economic balance of the contract in favour of the contractor in a manner which was not provided for in the initial contract; - extend the scope of the contract significantly; or - change the contractor.\" Continuation of the solution is required to comply with data protection obligations. Given the sensitivities of the global digital environment, it is essential that the service continues without interruption to ensure the safety of patient care and services. The modification/contract duration is limited to 3 years to : - enable DHCW to develop a long-term strategy for auditing clinical systems in line with emerging government policy; - undertake a market engagement exercise to understand the solutions available; and - use that knowledge to develop a business case to secure central funding from the Welsh Government for a replacement long-term solution. This will be underpinned by a thorough technical review of available solutions and a consultation period with NHS Wales to understand local and national requirements for a longer-term contract. Finally, the duration allows sufficient time to run a procurement process and exit from the existing solution which is interfaced in a significant number of national clinical systems and to manage a transfer to a replacement solution. Accordingly, the contracting authority is entitled to modify the contract under Regulation 72(1)(e) of the Public Contracts Regulations 2015 and/or make this award under Regulation 32(2)(b)(iii). This notice is a 'relevant contract award notice' for the purposes of Regulation 93(3) of the Public Contracts Regulations 2015 and the contracting authority relies on the provisions in Regulation 93(2), (3) and (4) in relation to the applicable limitation period. (WA Ref:137498)",
    "initiationType": "tender",
    "tender": {
        "id": "P290",
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        },
        "title": "National Intelligent Integrated Audit Solution (\"NIIAS\")",
        "classification": {
            "scheme": "CPV",
            "id": "48100000",
            "description": "Industry specific software package"
        },
        "mainProcurementCategory": "goods",
        "lots": [
            {
                "id": "1",
                "description": "DHCW is seeking to extend the contract for a further thirty-six (36) months, beyond the current contract term (as modified). A contract extension is required to ensure continuity of service to support the auditing of digital solutions across Wales to ensure appropriate and proactive monitoring of the data contained in the Single Patient Record across the NHS in Wales.",
                "contractPeriod": {
                    "durationInDays": 2520
                }
            }
        ],
        "items": [
            {
                "id": "1",
                "additionalClassifications": [
                    {
                        "scheme": "CPV",
                        "id": "48100000",
                        "description": "Industry specific software package"
                    },
                    {
                        "scheme": "CPV",
                        "id": "48000000",
                        "description": "Software package and information systems"
                    },
                    {
                        "scheme": "CPV",
                        "id": "72260000",
                        "description": "Software-related services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "72261000",
                        "description": "Software support services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "72263000",
                        "description": "Software implementation services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "72265000",
                        "description": "Software configuration services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "72266000",
                        "description": "Software consultancy services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "72268000",
                        "description": "Software supply services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "44316400",
                        "description": "Hardware"
                    }
                ],
                "deliveryAddresses": [
                    {
                        "region": "UK"
                    }
                ],
                "deliveryLocation": {
                    "description": "NHS Wales"
                },
                "relatedLot": "1"
            }
        ]
    },
    "awards": [
        {
            "id": "037596-2023-P290-1",
            "relatedLots": [
                "1"
            ],
            "title": "National Intelligent Integrated Audit Solution (\"NIIAS\")",
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-101244",
                    "name": "Maxwell Stanley Consulting Ltd"
                }
            ]
        }
    ],
    "parties": [
        {
            "id": "GB-FTS-34539",
            "name": "Digital Health and Care Wales",
            "identifier": {
                "legalName": "Digital Health and Care Wales"
            },
            "address": {
                "streetAddress": "Ty Glan yr Afon, 21 Cowbridge Road East",
                "locality": "Cardiff",
                "region": "UK",
                "postalCode": "CF11 9AD",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "name": "Laura Panes",
                "email": "laura.panes@wales.nhs.uk"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "https://dhcw.nhs.wales/",
                "buyerProfile": "https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0221"
            }
        },
        {
            "id": "GB-FTS-101244",
            "name": "Maxwell Stanley Consulting Ltd",
            "identifier": {
                "legalName": "Maxwell Stanley Consulting Ltd"
            },
            "address": {
                "streetAddress": "14A St George Wharf",
                "locality": "London",
                "region": "UK",
                "postalCode": "SW82LE",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "adrian.jones@clanwilliam.co.uk"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "scale": "large"
            }
        },
        {
            "id": "GB-FTS-111",
            "name": "High Court",
            "identifier": {
                "legalName": "High Court"
            },
            "address": {
                "streetAddress": "Royal Courts of Justice, The Strand",
                "locality": "London",
                "postalCode": "WC2A 2LL",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "telephone": "+44 2079477501"
            },
            "roles": [
                "reviewBody"
            ]
        }
    ],
    "buyer": {
        "id": "GB-FTS-34539",
        "name": "Digital Health and Care Wales"
    },
    "contracts": [
        {
            "id": "037596-2023-P290-1",
            "awardID": "037596-2023-P290-1",
            "title": "National Intelligent Integrated Audit Solution (\"NIIAS\")",
            "status": "active",
            "value": {
                "amount": 1929698,
                "currency": "GBP"
            },
            "dateSigned": "2014-11-24T00:00:00Z",
            "period": {
                "durationInDays": 1080
            },
            "items": [
                {
                    "id": "1",
                    "classification": {
                        "scheme": "CPV",
                        "id": "48100000",
                        "description": "Industry specific software package"
                    },
                    "additionalClassifications": [
                        {
                            "scheme": "CPV",
                            "id": "48000000",
                            "description": "Software package and information systems"
                        },
                        {
                            "scheme": "CPV",
                            "id": "72260000",
                            "description": "Software-related services"
                        },
                        {
                            "scheme": "CPV",
                            "id": "72261000",
                            "description": "Software support services"
                        },
                        {
                            "scheme": "CPV",
                            "id": "72263000",
                            "description": "Software implementation services"
                        },
                        {
                            "scheme": "CPV",
                            "id": "72265000",
                            "description": "Software configuration services"
                        },
                        {
                            "scheme": "CPV",
                            "id": "72266000",
                            "description": "Software consultancy services"
                        },
                        {
                            "scheme": "CPV",
                            "id": "72268000",
                            "description": "Software supply services"
                        },
                        {
                            "scheme": "CPV",
                            "id": "44316400",
                            "description": "Hardware"
                        }
                    ],
                    "deliveryAddresses": [
                        {
                            "region": "UK"
                        }
                    ],
                    "deliveryLocation": {
                        "description": "NHS Wales"
                    },
                    "relatedLot": "1"
                }
            ],
            "amendments": [
                {
                    "id": "1",
                    "description": "Extension of contract term for a further thirty-six (36) months from 24th November 2023 to 23rd November 2026 on the same terms as the original contract. Insubstantial modification and/or award of a contract by negotiated procedure without prior publication on the basis that the services can only be supplied by a particular economic operator due to the protection of exclusive intellectual property rights which exist in the current NIIAS and no reasonable alternative or substitute exists.",
                    "rationale": "Need for additional works, services or supplies by the original contractor/concessionaire: By way of explanation, the NIIAS is hosted centrally to support the auditing of digital solutions across Wales to ensure appropriate and proactive monitoring of the data contained in the Single Patient Record across NHS Wales. It is a bespoke solution fully embedded in national systems across the NHS in Wales and was specially developed for NHS Wales. It cannot be used by an alternative economic operator due to the limited licence in the current agreement. The intellectual property rights vest in the current provider and are licensed to DHCW on a non-exclusive and non-transferrable basis solely for the duration of the contract. The services can only be supplied by the current provider due to the protection of exclusive intellectual property rights which exist in the solution and no reasonable alternative or substitute exists."
                }
            ]
        }
    ],
    "links": [
        {
            "rel": "prev",
            "href": "https://ted.europa.eu/udl?uri=TED:NOTICE:262141-2014:TEXT:EN:HTML"
        }
    ],
    "language": "en"
}