Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-02-18
Buyer: The Common Services Agency (more commonly known as NHS National Services Scotland) (‘NSS’)
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 72000000
Estimated value: 580000 GBP

Technical requirements: Υπηρεσίες τεχνολογίας των πληροφοριών: παροχή συμβουλών, ανάπτυξη λογισμικού, Διαδίκτυο και υποστήριξη
The provision of hosting and ongoing support for software used to support the data breach detection functionality, auditing and support.
This is a voluntary ex ante transparency (VEAT) notice. The provision of hosting and ongoing support for software in which the contracting authority will use to support the data breach detection functionality, auditing and support Service within NHS Scotland which enables us to implement and support safeguards to protect citizens clinical data.
The provision of hosting and ongoing support for software which the contracting authority will use to support the data breach detection functionality, auditing and support Service within NHS Scotland which enables us to implement and support safeguards to protect citizens clinical data.
As well as providing immediate continuity of service, using existing infrastructure, this contract will provide continuity of service during the implementation stages of a new cloud based solution. As a result there is no financially or administratively reasonable or viable alternative to the current system to meet the needs of the service during the period of the proposed contract. The proposed contract will be for a period of 3 years.
The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights
The incumbent supplier owns the intellectual property rights in the software and is therefore the only economic operator who can supply the required support services.
The proposed contract will provide continuity of service based upon the existing solution in which there has been significant prior investment, development of expertise within the user community and on which current operational processes within NHS Scotland rely.
As a result there is no financially or administratively reasonable or viable alternative to the current system to meet the needs of the service during the period of the proposed contract. The proposed contract will be for a period of 3 years and termination thereafter by notice of 6  months. The contracting authority will during the life of the proposed contract continue to review the requirements of NHS Scotland with a view to holding a future re-procurement exercise.
Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts:
An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.


Winner: Capita Business Services
Award value: 580000