Mobilising System Replacement Contract

{
  "id": "015973-2023",
  "tag": [
    "award",
    "contract"
  ],
  "bids": {
    "statistics": [
      {
        "id": "1",
        "value": 1,
        "measure": "bids",
        "relatedLot": "1"
      }
    ]
  },
  "date": "2023-06-06T13:28:18+01:00",
  "ocid": "ocds-h6vhtk-03b7d0",
  "buyer": {
    "id": "GB-FTS-81498",
    "name": "Leicestershire Fire and Rescue Service"
  },
  "awards": [
    {
      "id": "015973-2023-1",
      "title": "Mobilising System Replacement Contract",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-COH-00912182",
          "name": "Motorola Solutions UK Limited"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "ocds-h6vhtk-03b7d0",
    "lots": [
      {
        "id": "1",
        "status": "cancelled",
        "hasOptions": false,
        "description": "The Authority intends to procure a complete mobilising solution from Motorola Solutions UK LTD. This will be provisioned via a tenancy on the Motorola platform. Additional information: The Authority, relying on the extreme urgency ground within Regulation 32 of the Public Contracts Regulations 2015 (as amended) (\"PCR\") intends to award a contract to Motorola Solutions UK LTD for the delivery of the Services for a term of five years with a maximum estimated value of £4,500,000.",
        "awardCriteria": {
          "criteria": [
            {
              "name": "Ability to meet urgent requirements",
              "type": "quality",
              "description": "80%"
            },
            {
              "type": "price",
              "description": "20%"
            }
          ]
        }
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryAddresses": [
          {
            "region": "UKF21"
          },
          {
            "region": "UKF22"
          }
        ]
      }
    ],
    "title": "Mobilising System Replacement Contract",
    "status": "complete",
    "coveredBy": [
      "GPA"
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "description": "Leicestershire Fire and Rescue (\"the Authority\") awarded a contract for the delivery of a mobilising solution and associated support and maintenance services (\"Services\") to Systel SA (\"Systel\") (\"the Contract\"). The initial term of the Contract expires on 31 October 2024 and there is an ability to extend beyond the initial term by up to 2 further years, up to 31 October 2026 which has not and will not be exercised by the Authority.\nSystel has been placed into administration in France and has applied to the French courts for protection which could allow Systel to renegotiate unprofitable contracts or parts thereof.\nThe Services represent critical infrastructure to enable the Authority to discharge its statutory duties under the Fire and Rescue Services Act 2004. Any disruption to the Services would pose significant issues for the Authority and could impact the safety of the public.\nWhilst Systel has not exercised the right to terminate the whole of the Contract, it has sought to renegotiate its terms. The Authority considers there is significant risk on the reliability of the availability of the Contract and the ability for Systel to perform the Services.\nThe Authority does not consider it can continue with the existing arrangements with Systel beyond 31 October 2024. This is for the reasons set out in this notice and in light of the Authority being made aware of Scottish Fire and Northern Ireland Fire also sharing similar concerns to the Authority and taking action to terminate the high-value contracts they hold with Systel following being made aware of its administration status.",
    "reviewDetails": "In accordance with Regulation 86 (Notices of decisions to award a contract), Regulation 87 (Standstill Period) and Regulations 91 (Enforcement of duties through the Court) of the Public Contracts Regulations 2015 (as amended).",
    "classification": {
      "id": "35710000",
      "scheme": "CPV",
      "description": "Command, control, communication and computer systems"
    },
    "procurementMethod": "limited",
    "mainProcurementCategory": "goods",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "The Authority considers that there is a real risk of Systel imminently ceasing to operate because of its financial position and this has created a situation of extreme urgency to secure an alternative arrangement to mitigate operational and commercial risk. Systel's administration was not foreseeable by the Authority.\nSystel currently provides maintenance of infrastructure and software which is critical to the Authority discharging its duties under the Fire and Rescue Services Act 2004 and any disruption/reduction of the Services would impact on this and the safety of the public as it would compromise the Authority's connection to the Airwave network.\nIn order for mobilisation solutions to be compliant in the UK they need to be using the new, secure communication system (DCS) to connect to the Airwave network by December 2023. Systel have indicated that the Authority will need to meet the costs of such transition, requiring the further investment of public funds into a company that is in administration. The Authority considers it unlikely that Systel are able to meet this deadline and is also not prepared to risk investing further funds into Systel as a result of its current status. \nThe Authority's connection to the Airwave network is based on hardware provided by Systel that is end of life and will not be supported by Airwave beyond December 2023. As DCS is a component of the wider solution, there are also wider integrated software/hardware and infrastructure upgrades required as a result of the migration to DCS.\nFailure to migrate to DCS will result in the control room losing its ground-based connection to the Airwave network; causing significant operational issues and legal ramifications (namely, inability to record calls and Airwave voice traffic). The Authority will be unable to rely on its consortium partners for back-up mobilising system arrangements because these utilise Systel's current solution will be non-compliant from December 2023. \nFor the reasons set out above, the Authority considers it necessary to award a contract to Motorola Solutions UK LTD as they are able to meet the DCS migration deadline, to maintain the crucial ground-based connection to Airwave and provide the necessary integrated infrastructure, hardware and software upgrades to ensure that the future solution remains fit for purpose.\nThe Authority does not consider it is able to comply with the time limits for the open, restricted or competitive procedure with negotiation (and accelerated limits within them) to conduct a compliant procurement process because of the need to migrate to DCS by December 2023 which can only be achieved by awarding a contract to Motorola Solutions UK LTD in April 2023. A procurement process would prevent the Authority meeting this deadline and compromise the crucial ground-based connection to Airwave.\nThe proposed duration of the award to Motorola Solutions UK LTD for five years is strictly necessary because it reflects the time required to implement a complete mobilising system solution (18-24 months) and will also allow the necessary time for the Authority to prepare and complete a public procurement exercise for its longer-term requirements.",
    "procurementMethodRationaleClassifications": [
      {
        "id": "D_EXTREME_URGENCY",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
        "description": "Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive"
      }
    ]
  },
  "parties": [
    {
      "id": "GB-FTS-81498",
      "name": "Leicestershire Fire and Rescue Service",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UKF22",
        "locality": "LEICESTER",
        "postalCode": "LE43BU",
        "countryName": "United Kingdom",
        "streetAddress": "Headquarters,12 Geoff Monk Way, Birstall"
      },
      "details": {
        "url": "https://leics-fire.gov.uk/",
        "classifications": [
          {
            "id": "BODY_PUBLIC",
            "scheme": "TED_CA_TYPE",
            "description": "Body governed by public law"
          },
          {
            "id": "03",
            "scheme": "COFOG",
            "description": "Public order and safety"
          }
        ]
      },
      "identifier": {
        "legalName": "Leicestershire Fire and Rescue Service",
        "noIdentifierRationale": "notOnAnyRegister"
      },
      "contactPoint": {
        "name": "Roger Smith",
        "email": "roger.smith@leics-fire.gov.uk",
        "telephone": "+44 1162105555"
      }
    },
    {
      "id": "GB-COH-00912182",
      "name": "Motorola Solutions UK Limited",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKI",
        "locality": "London",
        "postalCode": "SW1E 5LB",
        "countryName": "United Kingdom",
        "streetAddress": "Nova South, 160 Victoria Street"
      },
      "details": {
        "url": "http://www.motorolasolutions.com/",
        "scale": "large"
      },
      "identifier": {
        "id": "00912182",
        "scheme": "GB-COH",
        "legalName": "Motorola Solutions UK Limited"
      },
      "contactPoint": {
        "email": "radha.punn@motorolasolutions.com",
        "telephone": "+44 7789987691"
      }
    },
    {
      "id": "GB-FTS-5080",
      "name": "The High Court of Justice",
      "roles": [
        "reviewBody"
      ],
      "address": {
        "locality": "London",
        "postalCode": "WC2A 2LL",
        "countryName": "United Kingdom",
        "streetAddress": "The Royal Court of Justice, The Strand"
      },
      "identifier": {
        "legalName": "The High Court of Justice"
      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "015973-2023-1",
      "title": "Mobilising System Replacement Contract",
      "value": {
        "amount": 4500000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "015973-2023-1",
      "dateSigned": "2023-06-06T00:00:00+01:00"
    }
  ],
  "description": "The Authority, relying on the extreme urgency ground within Regulation 32 of the Public Contracts Regulations 2015 (as amended) (\"PCR\") intends to award a contract to Motorola Solutions UK LTD for the delivery of the Services for a term of five years with a maximum estimated value of £4,500,000.",
  "initiationType": "tender"
}

{
  "id": "009499-2023",
  "tag": [
    "award",
    "contract"
  ],
  "date": "2023-03-31T14:38:54+01:00",
  "ocid": "ocds-h6vhtk-03b7d0",
  "buyer": {
    "id": "GB-FTS-71009",
    "name": "Leicestershire Fire and Rescue Service"
  },
  "awards": [
    {
      "id": "009499-2023-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-COH-00912182",
          "name": "Motorola Solutions UK Limited"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "ocds-h6vhtk-03b7d0",
    "lots": [
      {
        "id": "1",
        "hasOptions": false,
        "description": "The Authority intends to procure a complete mobilising solution from Motorola Solutions UK LTD.  This will be provisioned via a tenancy on the Motorola platform. Additional information: The Authority, relying on the extreme urgency ground within Regulation 32 of the Public Contracts Regulations 2015 (as amended) (\"PCR\") intends to award a contract to Motorola Solutions UK LTD for the delivery of the Services for a term of five years with a maximum estimated value of £4,500,000.",
        "awardCriteria": {
          "criteria": [
            {
              "name": "Ability to meet urgent requirements",
              "type": "quality",
              "description": "80%"
            },
            {
              "type": "price",
              "description": "20%"
            }
          ]
        }
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryAddresses": [
          {
            "region": "UKF2"
          }
        ]
      }
    ],
    "title": "Mobilising System Replacement Contract",
    "status": "complete",
    "coveredBy": [
      "GPA"
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "description": "Leicestershire Fire and Rescue (\"the Authority\") awarded a contract for the delivery of a mobilising solution and associated support and maintenance services (\"Services\") to Systel SA (\"Systel\") (\"the Contract\"). The initial term of the Contract expires on 31 October 2024 and there is an ability to extend beyond the initial term by up to 2 further years, up to 31 October 2026 which has not and will not be exercised by the Authority.\nSystel has been placed into administration in France and has applied to the French courts for protection which could allow Systel to renegotiate unprofitable contracts or parts thereof.  \nThe Services represent critical infrastructure to enable the Authority to discharge its statutory duties under the Fire and Rescue Services Act 2004. Any disruption to the Services would pose significant issues for the Authority and could impact the safety of the public.\nWhilst Systel has not exercised the right to terminate the whole of the Contract, it has sought to renegotiate its terms. The Authority considers there is significant risk on the reliability of the availability of the Contract and the ability for Systel to perform the Services.\nThe Authority does not consider it can continue with the existing arrangements with Systel beyond 31 October 2024. This is for the reasons set out in this notice and in light of the Authority being made aware of Scottish Fire and Northern Ireland Fire also sharing similar concerns to the Authority and taking action to terminate the high-value contracts they hold with Systel following being made aware of its administration status.",
    "reviewDetails": "In accordance with Regulation 88 - 104 (Enforcement of duties through the Court) of the PCR.",
    "classification": {
      "id": "35710000",
      "scheme": "CPV",
      "description": "Command, control, communication and computer systems"
    },
    "procurementMethod": "limited",
    "mainProcurementCategory": "goods",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "The Authority considers that there is a real risk of Systel imminently ceasing to operate because of its financial position and this has created a situation of extreme urgency to secure an alternative arrangement to mitigate operational and commercial risk. Systel's administration was not foreseeable by the Authority.\nSystel currently provides maintenance of infrastructure and software which is critical to the Authority discharging its duties under the Fire and Rescue Services Act 2004 and any disruption/reduction of the Services would impact on this and the safety of the public as it would compromise the Authority's connection to the Airwave network.\nIn order for mobilisation solutions to be compliant in the UK they need to be using the new, secure communication system (DCS) to connect to the Airwave network by December 2023. Under the Contract Systel, have indicated that the Authority will need to meet the costs of such transition, requiring the further investment of public funds into a company that is in administration but the Authority considers it unlikely that Systel are able to meet this deadline and is also not prepared to risk investing further funds into Systel as a result of its current status. \nThe Authority's connection to the Airwave network is based on hardware provided by Systel that is end of life and will not be supported by [Airwave] beyond December 2023. As DCS is a component of the wider solution, there are also wider integrated software/hardware and infrastructure upgrades required as a result of the migration to DCS.\nFailure to migrate to DCS will result in the control room losing its ground-based connection to the Airwave network; causing significant operational issues and legal ramifications (namely, inability to record calls and Airwave voice traffic). The Authority will be unable to rely on its consortium partners for back-up mobilising system arrangements because these utilise Systel's current solution, which will be non-compliant from December 2023. \nFor the reasons set out above, the Authority considers it necessary to award a contract to Motorola Solutions UK LTD as they are able to meet the DCS migration deadline, to maintain the crucial ground-based connection to Airwave and provide the necessary integrated infrastructure, hardware and software upgrades to ensure that the future solution remains fit for purpose.\nThe Authority does not consider it is able to comply with the time limits for the open, restricted or competitive procedure with negotiation (and accelerated limits within them) to conduct a compliant procurement process because of the need to migrate to DCS by December 2023 which can only be achieved by awarding a contract to Motorola Solutions UK LTD in April 2023.  A procurement process would prevent the Authority meeting this deadline and compromise the crucial ground-based connection to Airwave. \nThe proposed duration of the award to Motorola Solutions UK LTD for five years is strictly necessary because it reflects the time required to implement a mobilising system (18-24 months). This will also allow the necessary time for the Authority to prepare and complete an open, restricted, or competitive procedure.",
    "procurementMethodRationaleClassifications": [
      {
        "id": "D_OUTSIDE_SCOPE",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
        "description": "The procurement falls outside the scope of application of the directive"
      }
    ]
  },
  "parties": [
    {
      "id": "GB-FTS-71009",
      "name": "Leicestershire Fire and Rescue Service",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UKF22",
        "locality": "Leicester",
        "postalCode": "LE4 3BU",
        "countryName": "United Kingdom",
        "streetAddress": "12 Geoff Monk Way"
      },
      "details": {
        "url": "https://leics-fire.gov.uk/",
        "classifications": [
          {
            "id": "BODY_PUBLIC",
            "scheme": "TED_CA_TYPE",
            "description": "Body governed by public law"
          },
          {
            "id": "03",
            "scheme": "COFOG",
            "description": "Public order and safety"
          }
        ]
      },
      "identifier": {
        "legalName": "Leicestershire Fire and Rescue Service",
        "noIdentifierRationale": "notOnAnyRegister"
      },
      "contactPoint": {
        "name": "Roger Smith",
        "email": "roger.smith@leics-fire.gov.uk",
        "telephone": "+44 1162105555"
      }
    },
    {
      "id": "GB-COH-00912182",
      "name": "Motorola Solutions UK Limited",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKI",
        "locality": "London",
        "postalCode": "SW1E 5LB",
        "countryName": "United Kingdom",
        "streetAddress": "Nova South 160 Victoria Street"
      },
      "details": {
        "scale": "large"
      },
      "identifier": {
        "id": "00912182",
        "scheme": "GB-COH",
        "legalName": "Motorola Solutions UK Limited"
      }
    },
    {
      "id": "GB-FTS-4330",
      "name": "The Royal Courts of Justice",
      "roles": [
        "reviewBody"
      ],
      "address": {
        "locality": "London",
        "postalCode": "WC2A 2LL",
        "countryName": "United Kingdom",
        "streetAddress": "The Strand"
      },
      "identifier": {
        "legalName": "The Royal Courts of Justice"
      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "009499-2023-1",
      "value": {
        "amount": 4500000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "009499-2023-1",
      "dateSigned": "2023-03-31T00:00:00+01:00"
    }
  ],
  "description": "You have 10,000 characters available",
  "initiationType": "tender"
}