ID 3308750 DAC 144/20 - DfE – FE Colleges NI -ABW Licence support

CPV: IT services: consulting, software development, Internet and support · Software programming and consultancy services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

11 Jan 2021, 10:58 GMT

Last source update

5 Feb 2021, 15:08 GMT

Authority reference

ID 3308750

FTS notice number

2021/S 000-002374

Classification (CPV)

IT services: consulting, software development, Internet and supportSoftware programming and consultancy services

Delivery area

UKNorthern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-02891c Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

The Department of Economy, North West Regional College,

on behalf of all FE Colleges Northern Ireland, require software

maintenance of their current software Licences to ensure that

licences are maintained and access to the current versions is

available . This notice is to advise the proposed award of contract

to an economic operator to allow for the provision of necessary

services required for the contract,

due to technical reasons and for reasons connected with the protection

of exclusive rights, including intellectual property rights . The

Contractor is the sole provider to the software under PCR 2015

regulation 32.

Publisher note: Under Regulation 32(c) these services are required for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, and the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with. This is as a result of the UK exit and conditions imposed on NI. The legislative basis for the Sanitary and Phytosanitary (SPS) Operational Delivery Programme is in the Official ControlsRegulation (OCR) (2017/625). The requirements as set out in the OCR are part of domestic law as a result of Article 5(4) of the NI Protocol and Section 7A of the European Union (Withdrawal) Act 2018. Under the OCR, DAERA is responsible for SPS checks on certain goods coming into Northern Ireland. Further it is in the public interest and for public safety that this requirement must be met. This is further in line with a derogation under the EU DIRECTIVE 2014/24 whereby it is explicit under Provision 41 that : Nothing in this Directive should prevent the imposition or enforcement of measures necessary to protect public policy, public morality, public security, health, human and animal life, the preservation of plant life or other environmental measures, in particular with a view to sustainable development, provided that those measures are in conformity with the TFEU.For these checks to take place at GB Ports prior to goods moving to NI to ensure the free flow of freight traffic and avoid congestion. Staff need to be in place by mid-December and given these extremely tight timescales DAERA cannot now facilitate competitive procurement procedures and it is in the public interest that staff are urgently put in place to conduct these checks as they are critical to ensure uninterrupted supply of food and goods to NI post EU Exit on 1 January 2021. These are Schedule 3 Services and below the 'light touch regime threshold.

• Carlisle Support ServicesAwarded supplier Unit 8M - 8N Moorgate Point, Moorgate Road, Kirkby, Liverpool, UK, L33 7XW
• UNIT4 BUSINESS SOFTWARE LTDAwarded supplier Eden House, BRISTOL, UK, BS20 0DDContact emailShow contact details

No document links were published on the notice.