Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2023-08-21
Buyer: Insolvency Service of Ireland
Country: IE
Contract type: Services
Procedure: Open procedure
CPV classification: 72000000 | 72210000: Software programming services | 72220000: Systems and technical consultancy services | 72222300: Information technology services | 72230000: Custom software development services

Technical requirements: IT Services Agreement for the Supply and Implementation of an Online Case Management Solution and Associated Services for the Insolvency Service of Ireland
The Insolvency Service of Ireland (ISI) is seeking a fully managed end-to-end solution to meet its case management needs. The standard functionality of the chosen system must be the best possible fit for the ISI’s requirements and require the least number of customisations.
For the avoidance of doubt, the proposed modifications comprise additional services by the original contractor pursuant to Art 72(1)(b) of Directive 2014/24/EU. These modifications have also been brought about by circumstances which a diligent contracting authority could not foresee pursuant to Art 72(1)(c) 2014/24/EU.
Please refer to Statutory Instrument 130 of 2010, the European Communities (Public Authorities' Contracts) (Review Procedures) Regulations 2010, and in particular Regulation 7.
The original competition related to the procurement of an online Case Management Solution and associated services. The contract was awarded in June 2018 for 3 years ("Initial Term"), with option to extend for 2 further periods each of up to 1 year. The value set out at section V.2.4 is the value over the potential five-year term. Due to unforeseen difficulties during implementation, in particular the complexity of migrating the legacy system data to the new solution, the Initial Term had to be extended to 5 years to allow the system to be fully developed and implemented in line with ISI's requirements. The Initial Term therefore expired in June 2023, and not - as originally envisaged - in June 2021. The option to further extend the contract by up to an additional 2 years has been exercised so that the contract will now finally expire in June 2025. The price of the contract initially increased by Euro 276,500 (ex VAT) due to additional works that had to be carried out during the implementation phase to ensure the optimal functionality of the solution and software; this was the subject of a modification notice published in the OJEU in December 2021. Additional system enhancements with a value of €170,000 (ex VAT) were made to the system in late 2021/early 2022 to add additional functionality, a requirement which could not have been reasonably foreseen at the time of original tender. It is now proposed to further modify the system to make changes to ensure compliance with the General Data Protection Legislation (GDPR) and add further functionality which could not have been reasonably foreseen at the time of original tender; it is also proposed to provide an option to extend the contract for up to a further 4 years following the expiry of the current term in June 2025. The duration of the contract as set out at VII.1.5 below is the duration of the contract following modification if this option to extend were to be fully exercised. The value of the contract as set out at VII.1.6 below relates to the value of the additional enhancements made in 2021/2022, the modifications to be made to ensure GDPR compliance and meet additional functionality requirements as well as the licensing and maintenance costs for a further optional period of up to 4 years. Since award of the contract in 2018, the contractor has been acquired by Aryza Holdings Limited 11-12 Hanover Square, London W1S1JJ. England which has taken over the performance and financial guarantees for the project.
Additional system enhancements with a value of €170,000 (ex VAT) were made to the system in late 2021/early 2022 in order to add additional functionality, a requirement which could not have been reasonably foreseen at the time of the original tender. It is now proposed to further modify the system to make changes to ensure compliance with the General Data Protection Legislation (GDPR) and add further functionality which could not have been reasonably foreseen at the time of the original tender; it is also proposed to provide an option to extend the contract for up to a further 4 years following the expiry of the current term in June 2025. The duration of the contract as set out at VII.1.5 above is the duration of the contract following modification if this option to extend were to be fully exercised. The value of the contract as set out at VII.1.6 above relates to the value of the additional enhancements made in 2021/2022, the modifications to be made to ensure GDPR compliance and meet additional functionality requirements as well as the licensing and maintenance costs for a further optional period of up to 4 years.
System enhancements (€170,000) in 2021/22 to add additional functionality not foreseeable. Further development work (€104,000) now needed to ensure GDPR compliance and add additional functionality not foreseeable. Contractor change cannot be made for economic/technical reasons. Current contractor owns confidential intellectual property. Current contractor familiar with system and only it can modify cost effectively. Even if another contractor permitted to perform services, there would be significant inconvenience/substantial duplication of costs. 4 year extension option (€608,000) necessary to obtain full economic benefit of system. Change of contractor cannot be made in June 2025 for economic/technical reasons; it would cause significant inconvenience/substantial duplication of costs. New procurement envisaged within 4 year extension period. Each of three modifications is less than 50% contract value. Proposed modifications do not alter contract nature. Estimated figures ex VAT.


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