Public procurement notice: Contract Notice
Published: 2016-04-30
Buyer: Jisc Services Ltd
Country: UK
Region: Oxfordshire
Contract type: Services
Procedure: Competitive dialogue
CPV classification: 48515000 | 72510000: Computer-related management services | 72610000: Computer support services | 72611000: Technical computer support services
Submission deadline: 2016-05-27
Award criteria: The most economic tender

Technical requirements: JSL wishes to establish an agreement with a supplier for the operational support of JSL's national video-conferencing service for research and education, VScene.
JSL is seeking to procure a 8:00 to 17:00, 5 business days per week customer-facing telephone and email information and support offering for the highly capable national video-conferencing solution provided by JSL for nearly 2 decades. This support should also be matched with some ‘back-office’ operational service management and a 2
JSL's customers have enjoyed the benefits of a highly capable national video-conferencing solution provided by JSL for nearly 2 decades. This service currently facilitates ~6 000 conferences per month across 500+ educational organisations. The current incarnation of the service, branded as VScene, launched in August 2014 (https://vscene.jisc.ac.uk/). VScene represents a substantial update of the predecessor service, including both a completely re-written customer interface (phase 1, completed July 2014) and a refresh of its underlying infrastructure (phase 2, completes August 2016). The final, 3
Existing support arrangements end in February 2017, so JSL would ideally seek to avoid extending that provision by having the new solution in place for parallel operation and handover by December 2016.
JSL now therefore seeks to procure a 8:00 to 17:00, 5 business days per week customer-facing telephone and email information and support offering matched with some ‘back-office’ operational service management and a 2
The key difference going forward, however, is that JSL requires the elimination of frontline support costs from ongoing operating expenditure, and is therefore seeking to partner with a support provider who will ultimately operate the support function as their own commercial concern, chargeable to customers, under license from JSL. The migration from free to a chargeable support offering should be accomplished as soon as practicable, and in any case not more than 2 years after the commencement of the contract.
Further details of the proposed commercial offering, structure and pricing to customers, will be a primary concern during the dialogue phase of this procurement.
Bidders should also note that the existing support provision consists of a small, dedicated team based in Edinburgh under contract to JSL, so TUPE may apply.
Whilst this procurement is structured around the renewal of just the operational support offering component of VScene on a commercial basis, JSL is also willing to enter into discussions around the achieving the support result as a consequence of divestment of all or part of the wider VScene service as a going concern from JSL to a commercial entity, subject to guarantees around ongoing service delivery to the academic sector. JSL sees significant benefits in sustainability of the VScene service and future investment in development of its capabilities if it is operated on a business footing by an entity able to market it outside of the education sector (which JSL is not mandated to do). Bids that deliver the commercial support model through taking a stake in VScene as a business overall will be entertained on par with those offering only a support solution.
For those considering the divestment approach, commercial dialogue around the handover of VScene as a business will have to address:
Bidders will be permitted to propose variant solutions as part of the dialogue, however JSL reserves the right not to accept these variants.
The supplier shall provide evidence of financial and economic standing, as specified in Article 58 of the Public Contracts Regulations 2015.
Grounds for mandatory rejection as set out in Regulation 57(1) of the Public Contracts Regulations 2015:
(a) Conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime (c);
(b) Corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(d) or section 1 of the Prevention of Corruption Act 1906(e) where the offence relates to active corruption;

Eligibility requirements: The supplier shall provide evidence of financial and economic standing, as specified in Article 58 of the Public Contracts Regulations 2015. Grounds for mandatory rejection as set out in Regulation 57(1) of the Public Contracts Regulations 2015: (a) Conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime (c); (b) Corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(d) or section 1 of the Prevention of Corruption Act 1906(e) where the offence relates to active corruption; (c) The offence of bribery, where the offence relates to active corruption; (d) Fraud, where the offence relates to fraud affecting the European Communities' financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities, within the meaning of: (i) The offence of cheating the Revenue; (ii) The offence of conspiracy to defraud; (iii) Fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978; (iv) Fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006; (v) Fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994; (vi) An offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993; (vii) Destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969; (viii) Fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or (ix) Making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006; (e) Money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002; (f) Any offence listed: (i) In section 41 of the Counter Terrorism Act 2008(a); or (ii) In Schedule 2 to that Act where the Court has determined that there is a terrorist connection; (g) Any offence under sections 44 to 46 of the Serious Crime Act 2007(b) which relates to an offence covered by sub paragraph (f); (h) Money laundering within the meaning of sections 340 (110 and 415 of the Proceeds of Crime Act 2002(c)); (i) An offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988(d) or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996(e); (j) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(f); (k) An offence under section 59A of the Sexual Offences Act 2003(g); (l) An offence under section 71 of the Coroners and Justice Act 2009(h); (m) An offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994(i); or (n) Any other offence within the meaning of Article 57(1) of the Public Contracts Directive: (i) As defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or (ii) Created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland Grounds for discretionary rejection as set out in regulation 57(8) of the Public Contracts Regulations: (a) Is bankrupt or is being wound up, whose affairs are being administered by the Court, who has entered into an arrangement with creditors, who has suspended business activities or who is in any analogous situation arising from a similar procedure under national laws and regulations; (b) Is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the Court or for an arrangement with creditors or of any other similar proceedings under national laws or regulations; (c) Has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct; (d) Has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate; (e) Where a conflict of interest within the meaning of regulation 24 cannot be effectively remedied by other, less intrusive, measures; (f) Where a distortion of competition from the prior involvement of the economic operator in the preparation of the procurement procedure, as referred to in regulation 41, cannot be remedied by other, less intrusive, measures; (g) Where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions; (h) Where the economic operator: (i) Has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or (ii) Has withheld such information or is not able to.
The supplier shall provide evidence of financial and economic standing, as specified in Article 58 of the Public Contracts Regulations 2015.
Grounds for mandatory rejection as set out in Regulation 57(1) of the Public Contracts Regulations 2015: (a) Conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977 or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime (c); (b) Corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889(d) or section 1 of the Prevention of Corruption Act 1906(e) where the offence relates to active corruption; (c) The offence of bribery, where the offence relates to active corruption; (d) Fraud, where the offence relates to fraud affecting the European Communities' financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities, within the meaning of: (i) The offence of cheating the Revenue; (ii) The offence of conspiracy to defraud; (iii) Fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or the Theft (Northern Ireland) Order 1978; (iv) Fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986 or section 993 of the Companies Act 2006; (v) Fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994; (vi) An offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993; (vii) Destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968 or section 19 of the Theft Act (Northern Ireland) 1969; (viii) Fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or (ix) Making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006; (e) Money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002; (f) Any offence listed: (i) In section 41 of the Counter Terrorism Act 2008(a); or (ii) In Schedule 2 to that Act where the Court has determined that there is a terrorist connection; (g) Any offence under sections 44 to 46 of the Serious Crime Act 2007(b) which relates to an offence covered by sub paragraph (f); (h) Money laundering within the meaning of sections 340 (110 and 415 of the Proceeds of Crime Act 2002(c)); (i) An offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988(d) or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996(e); (j) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(f); (k) An offence under section 59A of the Sexual Offences Act 2003(g); (l) An offence under section 71 of the Coroners and Justice Act 2009(h); (m) An offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994(i); or (n) Any other offence within the meaning of Article 57(1) of the Public Contracts Directive: (i) As defined by the law of any jurisdiction outside England and Wales and Northern Ireland; or (ii) Created, after the day on which these Regulations were made, in the law of England and Wales or Northern Ireland Grounds for discretionary rejection as set out in regulation 57(8) of the Public Contracts Regulations: (a) Is bankrupt or is being wound up, whose affairs are being administered by the Court, who has entered into an arrangement with creditors, who has suspended business activities or who is in any analogous situation arising from a similar procedure under national laws and regulations; (b) Is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the Court or for an arrangement with creditors or of any other similar proceedings under national laws or regulations; (c) Has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct; (d) Has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate; (e) Where a conflict of interest within the meaning of regulation 24 cannot be effectively remedied by other, less intrusive, measures; (f) Where a distortion of competition from the prior involvement of the economic operator in the preparation of the procurement procedure, as referred to in regulation 41, cannot be remedied by other, less intrusive, measures; (g) Where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions; (h) Where the economic operator: (i) Has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria; or (ii) Has withheld such information or is not able to.