Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2024-01-26
Buyer: Residential Tenancies Board (RTB)
Country: IE
Contract type: Services
Procedure: Negotiated without a prior call for competition
CPV classification: 72000000
Estimated value: 748868 EUR

Technical requirements: Υπηρεσίες τεχνολογίας των πληροφοριών: παροχή συμβουλών, ανάπτυξη λογισμικού, Διαδίκτυο και υποστήριξη
The RTB entered into an agreement with a contractor on 29 March 2018 to provide ICT and managed support services in respect of the new registration system, the RTB360. The contract with current incumbent expired at end of September 2023. RTB wished to develop and test transitioning capability in advance of new competition. A new competition must be commenced in order for the services to be maintained. In the meantime, the RTB must appoint an alternative service provider until the new competition is commenced and a contract is ultimately awarded to a new contractor. Eastpoint Enterprise Information Solutions Limited (“Eastpoint”) has been working closely with the incumbent contractor and RTB in monitoring, supervising and managing the services being provided by the incumbent contractor and is familiar with the operations. The RTB believes that Eastpoint is best placed to fill the gap in services until a new contract can be awarded to a successful tenderer.
The RTB entered into a framework agreement with a contractor on 29 March 2018 for the provision of ICT and managed support services in respect of the RTB360 system for a period of four years. The contract was extended at the end of that period and, again, for a period of six months from 1 April 2023 to 22 September 2023 in accordance with the contract. The RTB decided not to renew the contract any further but instead took the opportunity to provide for transition planning in advance of a major procurement which was planned for 2024. The framework agreement was terminated with a transition period of six months from 22 September 2023 in accordance with the framework agreement. The RTB entered into an agreement with Eastpoint under a separate framework agreement in February 2021 to provide supply assurance and insurance services for the RTB360 system. The services currently provided by Eastpoint support and supplement the services provided by the incumbent contractor. Eastpoint has worked closely with the incumbent in implementing and managing the RTB360 system. The incumbent contractor will be transitioning out of its current role as managed support service provider for six months from September 2023 and the RTB is developing its transitioning capability. RTB must acquire the interim from another vendor. The RTB requires continued support and maintenance of the RTB360 system within the transition period and is of the view that it Eastpoint is best placed to transition the maintenance and support of the RTB360 until the RTB can publish a new competition for the services. This view is supported by the following:
(a)	Eastpoint currently provide the assured delivery service for the RTB360 system including the release of the next phase of the RTB360. Eastpoint has the technical knowledge, skill and experience in providing the services and working on the RTB360 system which would avoid any break or disruption in essential services and allow for a smooth transition of the services from the incumbent to Eastpoint;
(b)	the services provided by the incumbent contractor have been provided in part and supported by Eastpoint and, where there is no equivalent product to the RTB360 system on the market, competition is absent for technical reasons;
(c)	commencing a new procurement competition at this juncture cannot be facilitated by the RTB and would necessitate the RTB seeking to acquire services and supports from an alternative supplier with potentially different technical characteristics in a short period of time which could result in incompatibility and disproportionate technical difficulties in terms of the operation of the RTB360 system.
(d)	Eastpoint is willing to enter into a short term contract based on new terms and conditions more favourable to the RTB than those entered into with the incumbent contractor in respect of the ICT services;
(e)	the contract with the incumbent contractor has expired and been terminated in accordance with the underlying framework agreement. The RTB is of the view that the incumbent contractor has been unable to provide what the RTB considers adequate services for value and there are concerns about whether a smooth transition of services to a new service provider in the short or medium term can be facilitated; and
(f)	the proposed contract with Eastpoint will be limited to a fixed period of 12 months and the RTB intend on commencing a new procurement competition for the services of an ICT vendor by or before June 2024.
It is the RTB’s view that the award of the contract by a negotiated procedure without prior publication to Eastpoint is permissible for the purpose of Article 32 of the Public Procurement Directive as implemented by Regulation 32 of European Union (Award of Public Authority Contracts) Regulations 2016. In particular, but not limited to, Article 32(2)(b)(ii) on the basis that there is no equivalent product to the RTB360 system on the market, competition is absent for technical reasons.
The incumbent contractor is transitioning out of its current role as managed support service provider for six months from September 2023 and the RTB is developing its transitioning capability.  RTB must acquire the interim from another vendor. The RTB requires continued support and maintenance of the RTB360 system within the transition period and is of the view that it Eastpoint is best placed to transition the maintenance and support of the RTB360 until the RTB can publish a new competition for the services. This view is supported by the following:
(a)	Eastpoint currently provide the assured delivery service for the RTB360 system including the release of the next phase of the RTB360. Eastpoint has the technical knowledge, skill and experience in providing the services and working on the RTB360 system which would avoid any break or disruption in essential services and allow for a smooth transition of the services from the incumbent to Eastpoint;
(b)	the services provided by the incumbent contractor have been provided in part and supported by Eastpoint and, where there is no equivalent product to the RTB360 system on the market, competition is absent for technical reasons;
(c)	commencing a new procurement competition at this juncture cannot be facilitated by the RTB and would necessitate the RTB seeking to acquire services and supports from an alternative supplier with potentially different technical characteristics in a short period of time which could result in incompatibility and disproportionate technical difficulties in terms of the operation of the RTB360 system.
(d)	Eastpoint is willing to enter into a short term contract based on new terms and conditions more favourable to the RTB than those entered into with the incumbent contractor in respect of the ICT services;


Winner: Eastpoint Enterprise Information Solutions Limited
Award value: 748868