Public procurement notice: Services Concession
Published: 2017-03-23
Buyer: The Information Commissioner's Office
Country: UK
Region: UNITED KINGDOM
Contract type: Services
Procedure: Concession award procedure
CPV classification: 72300000 | 72312000: Data entry services | 72313000: Data capture services | 72314000: Data collection and collation services | 72317000: Data storage services
Estimated value: 3000000 GBP
Submission deadline: 2017-04-18

Technical requirements: The Services consist of maintaining registers of the telephone and fax numbers of individuals and corporate entities who do not wish to receive direct marketing communications via telephone or fax. The Services include the collection of data from such individuals and corporate entities. The contract will grant the service provider a concession to sell licences to those wanting access to such registers for direct marketing purposes.
This procurement is for a services concession contract as defined in Regulation 3 of the Concessions Regulations. Under the Concessions Regulations, the procurement of a services concession contract which does not meet the financial threshold specified in Regulation 9 of the Concessions Regulations (‘Threshold’), does not have to be carried out in accordance with the full remit of the Concessions Regulations. Despite current uncertainty as to whether or not the Contract value meets the Threshold, the Information Commissioner has opted voluntarily to adhere closely to the requirements of the Concessions Regulations as if they did apply with the aim of ensuring a fair and transparent competition.
It is the Information Commissioner's intention to select a preferred Bidder on the basis of Tenders received. However, the Information Commissioner does not rule out at this stage that, post Tender evaluation, a negotiation phase may be desirable or necessary.
The total value of the contract has been estimated based on the average costs over 5 years of the existing service contract. Whilst the duration of the concession is stated as 36 months at II.2.7, the contract will contain an option to extend for up to 2 further periods of 12 months each. The estimated total value has therefore been based on a potential 5 year contract term.
The Concession must be performed in accordance with the statutory requirements under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). For background, the Services involve the provision of free of charge registers for individual members of the public and corporate entities to expressly opt out of receiving direct marketing materials by telephone or fax (‘Preference Subscribers’) on behalf of the Information Commissioner. At the end of 2016, Ofcom's responsibilities under the PECR were transferred to the Information Commissioner under the Privacy and Electronic Communications (EC Directive)(Amendment)(No 2) Regulations 2016. The Information Commissioner is permitted by PECR to outsource this statutory service to a third party. The third party's contractual income is derived from fees charged to business entities wishing to obtain a list of Preference Subscribers.
Interested economic operators are invited to register their interest by sending an email headed ‘TPS — Expression of Interest’ to Procurement2@ico.org.uk no later than 16:00 on Tuesday 18.4.2017. Upon registration, economic operators will be sent details of a bidders' day to take place on Friday 28.4.2017 together with a questionnaire for completion in advance of the bidder's day.


Award value: 3000000