Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2022-07-29
Buyer: National Treasury Management Agency
Country: IE
Contract type: Services
Procedure: Open procedure
CPV classification: 72251000: Disaster recovery services

Technical requirements: A tender competition was conducted in 2012 (via an open procedure conducted under the European Communities (Award of Public Contracts) Regulations, 2006) for the provision of Business Continuity and Disaster Recovery services to the NTMA. A contract was awarded as further described in Section V of this notice.
Provision of Business Continuity and Disaster Recovery services to the NTMA as described in the applicable procurement documents.
After contract award in 2013, certain modifications were made, as further described in 2020-OJS142-350369-en. The first monetary amount indicated in Section VII.2.3 of this notice is the total value of the contractual arrangement including such earlier changes. Details of the modifications that are the subject of this notice (and Regulation 72 of the EU (Award of Public Authority Contracts) Regulations 2016) are set out in Section VII.2.1 below. The monetary amount indicated in Section VII.1.6 of this notice is the total value of such modifications.
Regarding the contractor named in Section VII.1.7 below, it should be noted that this change arose from a corporate restructuring by IBM in September 2021 (as permitted under Regulation 72(1)(d) of the EU (Award of Public Authority Contracts) Regulations 2016) and did not involve any operational or technical change to the services delivered to the NTMA.
In 2022 the NTMA completed its review of its optimal ICT Business Continuity and Disaster Recovery options supporting service availability and work practices, following which the NTMA commenced a new procurement process for the re-procurement of business continuity and disaster recovery services. The re-procurement will be undertaken using the competitive dialogue procedure as the NTMA requires flexibility during the contract term to meet changing and future needs and is unable to establish the full technical specification with sufficient precision at this time. In order to facilitate the ongoing provision of the required business continuity and disaster recovery services during the period required for the re-procurement of the services, a further 12 month extension of the contract is required, with the substance of the NTMA’s requirements streamlined during that period.
As indicated above, the NTMA has commenced the process of re-procuring these services and determined that a further extension of the existing contract was required, taking account of the time required to complete the re-procurement process.  A change of service provider and a change of business continuity site prior to the re-procurement and potentially after the re-procurement would cause: 1) substantial duplication of costs during 2022 and 2023; 2) significant inconvenience and operational risk of migrating the Business Continuity site in 2022 and 2023.  Accordingly, on the basis of the technical and economic reasons outlined above, the NTMA has arranged to extend the current Business Continuity site contract for a further period of 12 months with effect from 01 August 2022.


Winner: IBM Ireland Limited