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.

Concepts

• oxford
• software programming
• tvfcs
• rescue service
• consultancy services
• security and fire-fighting
• oxfordshire fire
• oxfordshire fire and rescue service
• ofrs
• thames valley fire control service

Location

Berkshire, Buckinghamshire and Oxfordshire:

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.

Total Quantity or Scope

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.

Award Detail

Award Criteria

CPV Codes

• 72200000 - Software programming and consultancy services
• 35000000 - Security, fire-fighting, police and defence equipment
• 48000000 - Software package and information systems
• 72000000 - IT services: consulting, software development, Internet and support

Legal Justification

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.

Other Information

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