Education Network for Northern Ireland - "Education Network (NI)"

Scope, procedure and submissions

Id

ocds-h6vhtk-04ee94

Status

complete

Procurement Method

limited

Main Procurement Category

services

Procurement Method Details

Negotiated without publication of a contract notice

Why this procedure was chosen

The contract commenced on 01/04/2012 for 5 years until 31/03/2017 and has been modified on several occasions as per the following VEATs - 2019/S 046-106361, 2022/S 000-006649 and 2024/S 000-006005. The contract is currently extended until 31/03/25. The transition to a new managed service contract was expected to have completed by 31/03/25 but due to unforeseen circumstances the new contract awarded in December 2023 was terminated in November 2024 by mutual consent. Accordingly it is necessary to extend the contract and increase the contract value to ensure the continuation of existing managed service arrangements and functionality changes to meet schools’ requirements whilst permitting time to transition to a new managed service contract. The modification is permitted under Regulations 72(1)(b) and 72(1)(c). The modification is not a direct award under Regulation 32. Regulation 72(1)(b) permits a contract modification for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor - (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; or (ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority, provided that any increase in price does not exceed 50% of the value of the original contract. This modification is permitted under Regulation 72(1)(b) because the systems and services provided under the contract have been uniquely configured to reflect the EA’s varying requirements. For technical reasons, it is not possible to quickly or easily transition the services provided under the contract to a new managed service contract with another contractor as they would need significant time to work with the EA to tailor their systems and services to meet the EA’s specific requirements. It would also cause significant inconvenience and a duplication of costs to change contractor for an interim period whilst a new procurement is undertaken. It is expected to take at least 18-24 months to procure and transition to a suitable new contract. The additional 2 x 1 year extension options to be included in the modification are for contingency purposes, to allow time for any risk of material delays, transitioning the existing services and subsequent design and implementation phases of a new contract. Regulation 72(1)(b) is also met on the grounds that as the original contract value was £350,000,000, the increase in value due to this modification does not exceed 50% of the original contract value. Regulation 72(1)(c) also permits this modification due to unforeseen circumstances which a diligent contracting authority could not have foreseen. Particularly, it could not have been foreseen that the new contract awarded in December 2023 would be terminated, thus delaying the transition to a new managed service contract. Also, the modification will not alter the overall nature of the contract as the scope of services will remain unaltered and any expenditure will not exceed 50% of the value of the original contract.

Lots and requirements

Items and delivery

Buyer, suppliers and contacts

Award information

Contracts and changes

Recorded locations

• Buyer location · Belfast · UK · BT1 2NQ · United Kingdom
• Delivery location · UKN