Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-05-06
Buyer: The Police and Crime Commissioner for Leicestershire
Country: UK
Region: UNITED KINGDOM
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 72000000 | 72212100: Industry specific software programming services
Estimated value: 800000 GBP

Technical requirements: ‘The contract is for a new release of a specific computer system (CycComms communications data intelligence work-flow product, current version 3.13) in use by UK Law Enforcement Agencies (LEAs), including 21 Police Forces. The additional functionality is required prior to 1.11.2017 to comply with the new Investigatory Powers Act 2016 (IP Act) and also further changes to implement new functionality to integrate with the Home Office Auto-Acquisition (AA) tool-set. The software update will require new code development, integration testing, live installation, user- training, new release support and maintenance (including production, disaster recovery and test environments) and project management services. A single vendor, Geoff Smith Associates Limited, currently own, operate and support the CycComms work-flow product'.
‘The contract is for a new release of a specific computer system (CycComms communications data intelligence work-flow product, current version 3.13) in use by UK Law Enforcement Agencies (LEAs), including 21 Police Forces. The additional functionality is required prior to 1.11.2017 to comply with the new Investigatory Powers Act 2016 (IP Act) and also further changes to implement new functionality to integrate with the Home Office Auto-Acquisition (AA) tool-set. The software update will require new code development, integration testing, live installation, user- training, new release support and maintenance (including production, disaster recovery and test environments) and project management services. A single vendor, Geoff Smith Associates Limited, currently own, operate and support the CycComms work-flow product’.
The proposed procurement covers an upgrade to an existing third party proprietary software application (CycComms), currently used by 21 UK Law Enforcement Agencies (LEAs), and required prior to 1.11.2017.
While other communications data work-flow systems exist, support for the current CycComms application can only be provided by the IP (Intellectual Property) asset owner. Existing IPR arrangements governing CycComms use by LEAs restricts third party entitlement to modify or access the application source code. Consequently, The Office of the Police and Crime Commissioner for Leicestershire (PCC) has agreed to a VEAT Notice exemption as supply is restricted to the original system provider, GSA, for the following reason: protection of exclusive rights, including intellectual property rights.
Due to the time-imperative nature of this upgrade to support legislative requirements and the associated IP restrictions, consideration of running a strategic tender process at this time is not considered viable for the following reasons:
— It is considered unlikely that any new vendor will have a sufficiently mature solution, if starting development after the completion of a tender process, to meet the requisite legislative deadlines.
— System Integration Testing (SIT) must commence in the UK Home Office testing environment by mid-June, and be completed by end September, 2017. Other third party systems are involved in this SIT and the system considered here must operate in an integrated manner with those other third party systems within that time frame.
— Given the proprietary nature of the software, there is little prospect of a vendor being able to build, sell, test, configure and supply a full system more economically than simply upgrading an existing system.
For these reasons, the PCC is publishing this VEAT Notice as it believes that this service is only able to be provided by the current supplier. The PCC therefore intend to award a contract to Geoff Smith Associates Limited for 800 000 GBP commencing 16.5.2017. Following publication of the VEAT notice on 4.5.2017, there will be a 10 day standstill period, concluding on 15.5.2017. Following satisfactory conclusion of the standstill period, the PCC intends to enter into a contract with Geoff Smith Associates Limited for the provision of the above described services.
The upgrade will comply with the new Investigatory Powers Act 2016 (IP Act) legislation and will deliver new functionality to integrate with the UK Home Office Auto-Acquisition (AA) tool-set which is an update to a legacy platform, the Retained Data Handover Interface (RDHI). The UK Home Office have confirmed that the AA requirement has dependencies with the IP Act upgrade. Failure to meet this time-frame would mean UK LEAs access to data would be unlawful via the current system, with significant operational implications.
The identified CycComms changes, which comprises new program code, integration testing, live installation, user- training, new release support and maintenance and project management services, can only be provided by a particular economic operator (Geoff Smith Associates Limited or GSA, as they own and operate CycComms).


Winner: Geoff Smith Associates Limited
Award value: 800000