Future IT Sourcing Programme. End User Computing Services.

{
  "id": "022320-2022",
  "tag": [
    "awardUpdate",
    "contractUpdate"
  ],
  "date": "2022-08-12T15:24:36+01:00",
  "ocid": "ocds-h6vhtk-035b75",
  "buyer": {
    "id": "GB-FTS-61300",
    "name": "The Secretary of State for Justice acting through the Ministry of Justice"
  },
  "links": [
    {
      "rel": "prev",
      "href": "https://ted.europa.eu/udl?uri=TED:NOTICE:376026-2014:TEXT:EN:HTML"
    }
  ],
  "awards": [
    {
      "id": "022320-2022-con_11973-1",
      "title": "Future IT Sourcing Programme. End User Computing Services",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-61301",
          "name": "Atos IT Services UK Limited"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "ocds-h6vhtk-035b75",
    "lots": [
      {
        "id": "1",
        "title": "Future IT Sourcing Programme. End User Computing Services.",
        "description": "The Authority has modified the Contract under Regulation 72(1)(b) of the Public Contract Regulations to extend the contract period from 27.04.22 to 05.02.24. The purpose of this extension is to continue the disaggregation of the Service and exit such that there is a smooth transition to the new mode of operation through to 05.02.24 and beyond.  Amendments have been made to the Contract provisions to reflect that this is an exiting contract and the EUCS Services will reduce in scope during the remainder of the contract period. These amendments do not change the functional services received by the Authority, but do include dedicated exit governance and procedural obligations. \nThe nature and quantity of the Services at the commencement of the extension of the Contract are the same as immediately prior to the extension, with the exception of those amendments made to reflect that this is an exiting contract as referred to above. The quantity of Services will, however, change and reduce during the extension period through transition to replacement services. The procurement pipeline will be updated through market engagement activities over the course of the contract period.",
        "contractPeriod": {
          "durationInDays": 2520
        }
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryAddresses": [
          {
            "region": "UK"
          }
        ],
        "additionalClassifications": [
          {
            "id": "30000000",
            "scheme": "CPV",
            "description": "Office and computing machinery, equipment and supplies except furniture and software packages"
          },
          {
            "id": "32000000",
            "scheme": "CPV",
            "description": "Radio, television, communication, telecommunication and related equipment"
          },
          {
            "id": "48000000",
            "scheme": "CPV",
            "description": "Software package and information systems"
          },
          {
            "id": "50000000",
            "scheme": "CPV",
            "description": "Repair and maintenance services"
          },
          {
            "id": "51000000",
            "scheme": "CPV",
            "description": "Installation services (except software)"
          },
          {
            "id": "72200000",
            "scheme": "CPV",
            "description": "Software programming and consultancy services"
          },
          {
            "id": "72250000",
            "scheme": "CPV",
            "description": "System and support services"
          },
          {
            "id": "72260000",
            "scheme": "CPV",
            "description": "Software-related services"
          },
          {
            "id": "72510000",
            "scheme": "CPV",
            "description": "Computer-related management services"
          },
          {
            "id": "72590000",
            "scheme": "CPV",
            "description": "Computer-related professional services"
          }
        ]
      }
    ],
    "title": "Future IT Sourcing Programme. End User Computing Services.",
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "classification": {
      "id": "72000000",
      "scheme": "CPV",
      "description": "IT services: consulting, software development, Internet and support"
    },
    "mainProcurementCategory": "services"
  },
  "parties": [
    {
      "id": "GB-FTS-61300",
      "name": "The Secretary of State for Justice acting through the Ministry of Justice",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UK",
        "locality": "London",
        "countryName": "United Kingdom",
        "streetAddress": "102 Petty France"
      },
      "details": {
        "url": "https://www.justice.gov.uk"
      },
      "identifier": {
        "legalName": "The Secretary of State for Justice acting through the Ministry of Justice"
      },
      "contactPoint": {
        "email": "Stefan.Phillips1@justice.gov.uk",
        "telephone": "+44 02033343555"
      }
    },
    {
      "id": "GB-FTS-61301",
      "name": "Atos IT Services UK Limited",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UK",
        "locality": "London",
        "postalCode": "WC1V 6EA",
        "countryName": "United Kingdom",
        "streetAddress": "Second Floor, Mid City Place, 71 High Holborn"
      },
      "details": {
        "scale": "large"
      },
      "identifier": {
        "legalName": "Atos IT Services UK Limited"
      }
    },
    {
      "id": "GB-FTS-2059",
      "name": "High Court",
      "roles": [
        "reviewBody",
        "mediationBody",
        "reviewContactPoint"
      ],
      "address": {
        "locality": "London",
        "postalCode": "WC2A 2LL",
        "countryName": "United Kingdom",
        "streetAddress": "Royal Courts of Justice, Strand"
      },
      "identifier": {
        "legalName": "High Court"
      },
      "contactPoint": {
        "telephone": "+44 2079476000"
      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "022320-2022-con_11973-1",
      "items": [
        {
          "id": "1",
          "title": "Future IT Sourcing Programme. End User Computing Services.",
          "relatedLot": "1",
          "classification": {
            "id": "72000000",
            "scheme": "CPV",
            "description": "IT services: consulting, software development, Internet and support"
          },
          "deliveryAddresses": [
            {
              "region": "UK"
            }
          ],
          "additionalClassifications": [
            {
              "id": "30000000",
              "scheme": "CPV",
              "description": "Office and computing machinery, equipment and supplies except furniture and software packages"
            },
            {
              "id": "32000000",
              "scheme": "CPV",
              "description": "Radio, television, communication, telecommunication and related equipment"
            },
            {
              "id": "48000000",
              "scheme": "CPV",
              "description": "Software package and information systems"
            },
            {
              "id": "50000000",
              "scheme": "CPV",
              "description": "Repair and maintenance services"
            },
            {
              "id": "51000000",
              "scheme": "CPV",
              "description": "Installation services (except software)"
            },
            {
              "id": "72200000",
              "scheme": "CPV",
              "description": "Software programming and consultancy services"
            },
            {
              "id": "72250000",
              "scheme": "CPV",
              "description": "System and support services"
            },
            {
              "id": "72260000",
              "scheme": "CPV",
              "description": "Software-related services"
            },
            {
              "id": "72510000",
              "scheme": "CPV",
              "description": "Computer-related management services"
            },
            {
              "id": "72590000",
              "scheme": "CPV",
              "description": "Computer-related professional services"
            }
          ]
        }
      ],
      "title": "Future IT Sourcing Programme. End User Computing Services",
      "value": {
        "amount": 340555679,
        "currency": "GBP"
      },
      "period": {
        "endDate": "2024-02-05T23:59:59Z",
        "startDate": "2022-04-27T00:00:00+01:00"
      },
      "status": "active",
      "awardID": "022320-2022-con_11973-1",
      "amendments": [
        {
          "id": "1",
          "rationale": "Need for additional works, services or supplies by the original contractor/concessionaire: The grounds in support of Regulation 72(1)(b) are set out in VII.2.1. In addition, a change of Contractor would cause significant inconvenience and substantial duplication of costs: if a new arrangement was entered into there would have to be a period of dual running of the Contract and the new arrangement for 12 – 18 months to achieve an adequate knowledge transfer between contractors. This would result in substantial duplication of costs. The Authority would be paying 2 contractors to deliver a single requirement for reducing services and additional costs of the contractors liaising. Such arrangement would cause significant inconvenience to the Authority as it would have to divert resources to a new arrangement and across the management of 2 contracts whilst focusing on the primary purpose of service disaggregation and exit, as well as resourcing a procurement to deliver the future mode of operation and its implementation. Further reasons for the modification are in VII.2.1.",
          "description": "The Contract has been modified under Regulation 72(1)(b) of the Public Contract Regulations such that it has been extended from 27.04.22 to 05.02.24. \nThe purpose of this extension is to continue the disaggregation of the Service and exit such that there is a smooth transition to the new mode of operation through to 05.02.24 and beyond, via the Evolve Project. Transfer to this new mode of operation requires a period of approximately 21 months in order to smoothly and effectively effect a full exit from the Contract. The Authority’s primary objectives through the modification are to (a) continue service delivery (on a reducing basis) to ensure an orderly transition to the replacement services and the overall future mode of operation, (b) to enable closure of all FITS EUCS services, and (c) to do so through effective management of public money. The modification will enable the Authority to undertake the necessary further procurements and associated activities for future delivery of the Services.\nIn addition to the extension period, amendments have been made to the Contract provisions to reflect that this is an exiting contract which will be disaggregated and the EUCS Services shall reduce in scope during the remainder of the contractual period.\nPrior to this modification the Authority has extended the contract under Regulation 72(1)(e) as set out in section IV.3 (Additional Information).\nThere have been further earlier changes to the Contract in relation to the Requirements which can be summarised as standard changes, projects and fixes to ensure ongoing effective management of an estate this size. These include a number of ‘Business-As-Usual’ type changes, which include configuration changes to account for organisation changes, facilitating the implementation of new software and services from elsewhere in the business, and general projects to shore up continuity in the face of the COVID-19 pandemic. \nThe requirements of Regulation 72(1)(b) are met as follows:\nNecessary additional services not included in the procurement:  as set out above the Authority requires the Services to continue, on a reducing basis, in order to effect disaggregation and a smooth and orderly exit from the Contract such that there is no risk to Service continuity overall through this period.\nChange of Contractor cannot be made for technical reasons:  Atos has been providing the Services under the Contract since 2014. They have developed significant expertise and knowledge of the MoJ IT estate and business and are wholly familiar and fully integrated in relation to Service delivery and the estate. Another contractor would not be able to step in and provide the Services without requiring a reasonable period of time to get up to speed. Such a requirement would be disproportionate both to the duration of the extension and the purpose of it.\nChange of Contractor cannot be made for economic reasons: Given the purpose of the extension it would not be of economic benefit to the Authority, in managing public money, to be exiting the current Contract and at the same time entering into a comparable arrangement with a new contractor, with the primary purpose being to exit that new arrangement.\nChange of Contractor would cause significant inconvenience and substantial duplication of costs: \nIncrease in price does not exceed 50% of the value of the original contract: the value of the modification (£48,390,000) is under 50% of the range of anticipated value as set out in the advertised contract notice (£150 - £200 million) and is less than 50% of the value of the original contract as set out in the contract award notice (£125,484,785)."
        }
      ],
      "dateSigned": "2014-10-06T00:00:00+01:00"
    }
  ],
  "description": "The Contract, including extension provisions, was for a period of 7 years and was therefore due to expire on 05.10.21. The Authority has previously made modifications to the Contract to extend it for the period of 06.10.21 – 05.07.22. These modifications have been made under Regulation 72(1)(e) of the Public Contract Regulations 2015. The remaining extended contract period of just over two months fell away on entering into the contract modification that is the subject of this notice, as set out in part VII below.",
  "initiationType": "tender"
}