Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-012521/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence – Defence Digital
Postal address: MOD Corsham, Westwells Road
Town: Corsham
Postal code: SN13 9NR
Country: United Kingdom
Contact Person: Lee Fuller
Email: lee.fuller104@mod.gov.uk
Internet address(es):
Main address:

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: electronic Records Management
II.1.2) Main CPV code: 48311100
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Supply of Record Management System
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:8349416.79
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Departmental Record Management System, migration of extant records out of existing systems and provision of Application Maintenance and End User Support

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without publication of a contract notice(in accordance with Article 28 of Directive 2009/81/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: 703939450
Title: electronic Records Management

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-05-13
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Micro Focus Software UK Ltd
Postal address: The Lawn, 22-30 Old Bath Road
Town: Newbury
Postal code: RG14 1QN
Country: United Kingdom
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties

Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence – Defence Digital, Hardware and Services
Postal address: MOD Corsham, Westwells Road
Town: Corsham
Postal code: SN13 9NR
Country: United Kingdom

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence – Defence Digital, Hardware and Services
Postal address: MOD Corsham, Westwells Road
Town: Corsham
Postal code: SN13 9NR
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-05-13

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without publication of a call for competition in accordance with
Article 28 of Directive 2009/81/EU

The products involved are manufactured purely for the purpose of research, experiment,study or development under the conditions
stated in the directive(for services and supplies only)
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
Defence Digital, part of the UK Ministry of Defence, is issuing a VTN that it intends to award a three year contract to Micro Focus UK Ltd, to implement a new Records Management System for the Official Domain, to migrate extant records out of the existing systems and for the provision of an Application Maintenance and end user support service. The value of this requirement is £8,349,416.79 (ex VAT).
It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Regulation 32(2)(b)(ii) of the UK Public Contracts Regulations 2015 for technical reasons.
This is because there is no reasonable substitute Records Management System (which will be based around Micro Focus UK Ltd’s Content Management software) that will meet the MoD’s key requirements of interoperability between Official and Secret Domains in terms of search functionality and will also allow for planned essential cloud optimisation to ensure enhanced security and environmental benefits are to be met.
Further, in terms of the support element of the proposed award, Micro Focus UK Ltd have the necessary technical know-how and expertise to meet the MoD’s requirements, including installing and migrating to a new Records Management System based around their proprietary software and it would be technically impracticable for a third- party supplier to carry out this support and ensure it aligns with the planned cloud optimisation. A third-party supplier even attempting to provide this support in these circumstances would result in disproportionate time delay and cost to the MoD.