Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2022-11-18
Buyer: Gas Networks Ireland
Country: IE
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 48000000 | 48440000 | 48442000 | 48443000 | 48444000
Award criteria: Lowest price

Technical requirements: The Contracting Entity, Gas Networks Ireland, require licencing, support and maintenance in respect of a range of Oracle technologies and application software (listed in this notice) that are critical for the day to day operation of the contracting entity, specifically its primary financial and HR business applications and middleware solutions, as well as being the underlying database technology for most of the contracting entity’s business applications.
The complexity of the Contracting Entity’s environment and its dependency on the Oracle technologies means a support contract of this nature, aligned to the software producer, can only be agreed with the software provider
The Contracting Entity is seeking to award a contract for a five (5) year period, commencing 1st January  2023 for Gas Networks Ireland Oracle EMEA Limited for the continued access to the aforementioned Oracle technologies.
The Contracting Entity intends to award the contracts to Oracle EMEA Limited  for Applications, Licensing, Support and Maintenance (including updates) services on the basis of the negotiated procedure without prior publication of a contract notice pursuant to Article 50(c)(iii) of Directive 2014/25/EU for tender reference 22/023, on the basis that Oracle is the only economic operator capable of providing such services (on the basis of Oracle exclusivity rights). Oracle alone has the specific technical knowledge and skills necessary to undertake the services as they own and have developed the relevant software products and applications used by the Contracting Entity in connection with its operations.
The scope of the contracts shall include the following Oracle technologies and all associated licensing;
The use of Oracle technology and application software is critical for the day to day operation of the contracting entity, specifically with respect to its primary financial and HR business applications and middleware solutions, as well as being the underlying database technology for most of the contracting entity’s business applications means a support contract of this nature, aligned to the software producer, can only be agreed with the software provider.
The decision to award these contracts to Oracle is on grounds that Oracle products are proprietary and therefore this support service can only be provided by Oracle who retain the Intellectual Property Rights (IPR) to their products source code. No other option exists due to the proprietary nature for the products and services.
The existing services provided by Oracle need to be continued in order to ensure the continuity of service required by the Contracting Entity to fulfill their statutory functions in the management of critical gas infrastructure
Please refer to Statutory Instrument 131 of 2010, European Communities (Award of Contracts by Utility Undertaking) (Review Procedures) Regulations 2010 (and in particular Regulation 7 and 10(2)).


Winner: Oracle EMEA Limited