Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2019-04-09
Buyer: Education Authority
Country: UK
Contract type: Services
Procedure: Competitive dialogue
CPV classification: 72500000

Technical requirements: The Contracting Authority requires ICT services to replace its existing contracts for managed local area network services for post primary and special schools in Northern Ireland (known as “lot 3”) and managed wide area network services for all Northern Ireland schools (known as “Lot 5”), together with the re-procurement of the management information system for all schools in Northern Ireland.
The services required pursuant to this procurement process are to take forward the service vision, by ensuring the continuity of existing services, covered in broad terms by the existing contracts, while transforming these services over the lifetime of the new contract term.
— a fully integrated end to end service to meet the management/administration and learning/teaching needs of educational
— ICT infrastructure and associated services for post primary and special educational establishments,
— connectivity to, and provision of a range of online services for all educational establishments. Prospective service providers should note that the intention is not simply to replace the outgoing services on a like for like basis and that the concepts of local area (or school based) and wide area services, as previously understood and applied should not constrain the bidders thinking and proposals regarding the overall architecture in light of technology developments. The Contracting Authority will request proposals during the detailed dialogue stage for the transformation of the learning platform and management administration elements of the services but reserves the right to make a decision at that stage on the inclusion or otherwise of the transformation of these elements within the scope of the awarded contract.
The offer for the replacement services will also need to take account of publicly available ICT contracts (available to public sector bodies in Northern Ireland), such as Network NI. Whilst the Contracting Authority will not mandate the use of any such contract, it may seek to take advantage of them where they offer value for money.
The Contracting Authority requires ICT services to replace its existing contracts for managed local area network services for post primary and special schools in Northern Ireland (known as “lot 3”) and managed wide area network services for all Northern Ireland schools (known as “Lot 5”), together with the re-procurement of the management information system for all schools in Northern Ireland.
The services required pursuant to this procurement process are to take forward the service vision, by ensuring the continuity of existing services, covered in broad terms by the existing contracts, while transforming these services over the lifetime of the new contract term.
— a fully integrated end to end service to meet the management/administration and learning/teaching needs of educational
— ICT infrastructure and associated services for post primary and special educational establishments,
— connectivity to, and provision of a range of online services for all educational establishments. Prospective service providers should note that the intention is not simply to replace the outgoing services on a like for like basis and that the concepts of local area (or school based) and wide area services, as previously understood and applied should not constrain the bidders thinking and proposals regarding the overall architecture in light of technology developments. The Contracting Authority will request proposals during the detailed dialogue stage for the transformation of the learning platform and management administration elements of the services but reserves the right to make a decision at that stage on the inclusion or otherwise of the transformation of these elements within the scope of the awarded contract.
The offer for the replacement services will also need to take account of publicly available ICT contracts (available to public sector bodies in Northern Ireland), such as Network NI. Whilst the contracting authority will not mandate the use of any such contract, it may seek to take advantage of them where they offer value for money.
This contract was modified in accordance with Regulation 72(1)(b) of the Public Contracts Regulations 2015. The contract was extended by 2 years until 31.3.2019 in accordance with the contract(06/03/2012) and CCN(31/03/2017). It was expected that a replacement system would be procured by 31.3.2019. This did not prove possible. A further 2 years is required with a possible further 1-year to allow a transition/handover period. The Contracting Authority relied on Regulation 72(1)(b) due to economic and technical reasons. The modification value is circa. 59 700 000 GBP based upon a 2-year extension. Should a further 1 year be required, a 3 year extension would be approximately 80 000 000 GBP - 90 000 000 GBP. The term is the only amendment.
A VEAT Notice (Ref: 2019/S 046-106346) in respect of the modification was published in OJEU on 6.3.2019. On the same date a Modification Notice (Ref: 2019/S 046-106361)was also issued in anticipation of this modification, which occurred on 1.4.2019 on foot of a deed of variation dated 23.3.2019.
2/3 years extension is allowed by Reg 72(1)(b) PCR 2015. Interim contracts not possible for economic and technical reasons. Critical elements of network are bespoke to NI and child protection/incumbent’s IPR developed 25 + years to integrate portfolio for 350k + users. The licence is tied to current contract and will take time to replace. Procuring interim system now and switching to NISSPN in 2 years wasn’t feasible. Transferring systems without adequate transition risked network failure. Disruption twice in 2-3 years would create instability and unsettle stakeholders pre-further transition in 2021. It would have caused significant inconvenience and duplication of costs. Infrastructure for the new contract would have sizable challenges to other suppliers. New contractors would have large startup and DD costs to recreate current services for 2-3 years. This is very short compared to the normal life of such a contract, representing poor VFM compared to extending the contract.


Winner: Capita Managed IT Solutions