Public procurement notice: Contract Notice
Published: 2016-01-05
Buyer: Jisc Services Ltd
Country: UK
Region: Oxfordshire
Contract type: Services
Procedure: Open procedure
CPV classification: 32000000 | 72400000 | 72411000: Internet service providers (ISP)
Submission deadline: 2016-02-05
Award criteria: The most economic tender

Technical requirements: To extend the reach of facilities provided to its users, JSL has established access from Janet to the global Internet. JSL has implemented this by a fourfold approach:
2. establishing interconnectivity to networks operated by similar national research and education organisations in other European countries and around the world via GÉANT;
It is 1 of the suppliers for the third part of the provision which JSL is seeking to replace through this procurement.
Janet currently interconnects and provides wide-area network services to all Higher Education Institutions, Further Education Colleges and Research Council establishments in the UK. Connections are also provided to other organisations, including those in both the public and commercial sectors, which work in collaboration with these bodies in the areas of education, training or research.
In addition, Janet provides wide-area backbone and associated national services to each of the Regional Broadband Consortia and to a number of Local Authorities in England, particularly in the context of the schools' National Education Network. Similar services are currently provided to SWAN in Scotland for the Scottish schools. Janet provides services as well to the PSBA Network in Wales and the Classroom 2000 network in Northern Ireland. Janet services are also provided to a number of Local Authorities, Local Education Authorities and Unitary Authorities to serve the needs of personal and community development education, and for other activities of the Authorities which are of benefit to the public, primarily but not exclusively in the context of education and training.
The Janet Eligibility Policy defines the conditions under which any organisation is eligible for Janet services. The present Eligibility Policy is available at:
The global Internet transit service to be procured will serve the needs of all classes of organisation and activity described in this policy, and with the potential to serve other classes of public-sector organisation or activity that may be identified as a result of local, central or devolved government initiatives during the lifetime of the resulting contract.
Due to these developments Jisc has created a trading subsidiary, Jisc Commercial Limited (‘Jiscom’), through which it will provide some part of its services and also to assist in the management of the regulatory implications of the increasing amounts of private funding expected to supplement the public funding provided to support Janet. This trading subsidiary, and any other similar vehicle Jisc may create during the lifetime of the agreement resulting from this procurement, will also use Janet services to carry out its mission.
JSL is seeking an initial 2-year contract term, with the possibility of extension for up to a further year.
The supplier shall provide evidence of financial and economic standing, as specified in Article 58 of the Public Contracts Regulations 2015.
The supplier shall warrant that none of the following circumstances set out in Regulation 57 (1) of the Public Contracts Regulations 2015, applies to the supplier or sub-contractors:
(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);
(d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010 (f), or section 113 of the Representation of the People Act 1983 (g);
(e) any of the following offences 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 (h):

Eligibility requirements: The supplier shall provide evidence of financial and economic standing, as specified in Article 58 of the Public Contracts Regulations 2015. The supplier shall warrant that none of the following circumstances set out in Regulation 57 (1) of the Public Contracts Regulations 2015, applies to the supplier or sub-contractors: (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); (c) the common law offence of bribery; (d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010 (f), or section 113 of the Representation of the People Act 1983 (g); (e) any of the following offences 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 (h): (i) the common law offence of cheating the Revenue; (ii) the common law offence of conspiracy to defraud; (iii) fraud or theft within the meaning of the Theft Act 1968 (i), the Theft Act (Northern Ireland) 1969 (j), the Theft Act 1978 (k) or the Theft (Northern Ireland) Order 1978 (l); (iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985 (m), article 451 of the Companies (Northern Ireland) Order 1986 (n) or section 993 of the Companies Act 2006 (o); (v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 (p) or section 72 of the Value Added Tax Act 1994 (q); (vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993 (r); (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 (s) or section 19 of the Theft Act (Northern Ireland) 1969 (t); (viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006 (u); or (ix) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act; (f) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act; (g) 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; (h) any offence under sections 44 to 46 of the Serious Crime Act 2007 (b) which relates to an offence covered by subparagraph (f); (i) money laundering within the meaning of sections 340 (110 and 415 of the Proceeds of Crime Act 2002 (c); 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. The supplier shall warrant that none of the following circumstances set out in Regulation 57 (8) of Public Contracts Regulations 2015 applies to the supplier or sub-contractors: (a) where the contracting authority can demonstrate by any appropriate means a violation of applicable obligations referred to in regulation 56 (2); (b) where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State; (c) where the contracting authority can demonstrate by appropriate means that the economic operator is guilty of grave professional misconduct, which renders its integrity questionable; (d) where the contracting authority has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition; (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 submit supporting documents required under regulation 59; (i) or where the economic operator: (i) undertaken to: (aa) unduly influence the decision-making process of the contracting authority, or (bb) obtain confidential information that may confer upon it undue advantages in the procurement procedure; or (ii) negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award.
The supplier shall provide evidence of financial and economic standing, as specified in Article 58 of the Public Contracts Regulations 2015.
The supplier shall warrant that none of the following circumstances set out in Regulation 57 (1) of the Public Contracts Regulations 2015, applies to the supplier or sub-contractors: (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); (c) the common law offence of bribery; (d) bribery within the meaning of sections 1, 2 or 6 of the Bribery Act 2010 (f), or section 113 of the Representation of the People Act 1983 (g); (e) any of the following offences 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 (h): (i) the common law offence of cheating the Revenue; (ii) the common law offence of conspiracy to defraud; (iii) fraud or theft within the meaning of the Theft Act 1968 (i), the Theft Act (Northern Ireland) 1969 (j), the Theft Act 1978 (k) or the Theft (Northern Ireland) Order 1978 (l); (iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985 (m), article 451 of the Companies (Northern Ireland) Order 1986 (n) or section 993 of the Companies Act 2006 (o); (v) fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 (p) or section 72 of the Value Added Tax Act 1994 (q); (vi) an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993 (r); (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 (s) or section 19 of the Theft Act (Northern Ireland) 1969 (t); (viii) fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006 (u); or (ix) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act; (f) the possession of articles for use in frauds within the meaning of section 6 of the Fraud Act 2006, or the making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of that Act; (g) 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; (h) any offence under sections 44 to 46 of the Serious Crime Act 2007 (b) which relates to an offence covered by subparagraph (f); (i) money laundering within the meaning of sections 340 (110 and 415 of the Proceeds of Crime Act 2002 (c); 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. The supplier shall warrant that none of the following circumstances set out in Regulation 57 (8) of Public Contracts Regulations 2015 applies to the supplier or sub-contractors: (a) where the contracting authority can demonstrate by any appropriate means a violation of applicable obligations referred to in regulation 56 (2); (b) where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities are suspended or it is in any analogous situation arising from a similar procedure under the laws and regulations of any State; (c) where the contracting authority can demonstrate by appropriate means that the economic operator is guilty of grave professional misconduct, which renders its integrity questionable; (d) where the contracting authority has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition; (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 submit supporting documents required under regulation 59; (i) or where the economic operator: (i) undertaken to: (aa) unduly influence the decision-making process of the contracting authority, or (bb) obtain confidential information that may confer upon it undue advantages in the procurement procedure; or (ii) negligently provided misleading information that may have a material influence on decisions concerning exclusion, selection or award.