Provision of broadband services to the participating Authorities.
Voluntary ex ante transparency notice
Section I: Contracting authority/entity
Dumfries and Galloway Council
Council Offices, English Street
For the attention of: James Pocock
DG1 2DD Dumfries
UNITED KINGDOM
Telephone: +44 1387702608
E-mail:
Internet address(es):
General address of the contracting authority/entity: www.dumgal.gov.uk
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: yes
Scottish Borders Council
Council headquarters, Newton-St-Boswell, Melrose
TD6 OSA Melrose
UNITED KINGDOM
Section II: Object of the contract
Service category No 5: Telecommunications services
72720000
Section IV: Procedure
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical
Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive no
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: yes
New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no
Service contract awarded to the successful candidate or one of them after a design contest: no
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no
Dumfries and Galloway Council (acting on its own behalf and on behalf of Scottish Borders Council) (together "the Pathfinder South Partners”) awarded a contract to Thus plc (thereafter Cable & Wireless Worldwide plc and now Vodafone Limited) ("the Supplier”) for the provision of Managed Network Services in South of Scotland in November 2006. The contract opportunity was advertised under Contract Notice2005/S 84-081660 dated 30/09/2005 In line with Scottish Government policy on shared IT and network infrastructure/services and, following expiry of the contract with the Supplier, the Pathfinder South Partners intend to obtain services from a wider public sector shared network service arrangement as soon as a viable and reliable shared service, which meets their requirements, is operational and available to the Pathfinder South Partners. However, having conducted a detailed assessment of the Scottish public sector shared network initiatives that are currently in contemplation or underway, the Pathfinder South Partners consider that such a suitable shared service is unlikely to be operational and available to the Partners significantly in advance of 2014. It has therefore become necessary for the Pathfinder South Partners to put in place arrangements to ensure continuity of this critical service during an interim period between expiry of the Contract with the Supplier and the Pathfinder South Partners being in a position to receive managed network services from a suitable shared service arrangement. Following detailed evaluation of the position, the Pathfinder South Partners have determined that the only viable option for the continued provision of managed network services during this interim period is to extend the existing contract with the Supplier. The Pathfinder South Partners have therefore concluded that, to the extent that the extension of the contract with the Supplier may be deemed to constitute a new contract award by the Pathfinder South Partners they are entitled to use the Negotiated Procedure without Prior Publication of a Contract Notice in order to award this limited term extension on the grounds highlighted above in i.e: (a) under Article 31(1)(b) of Directive 2004/17/EC, on the basis that, for technical reasons, the contract may only be awarded to the Supplier; and (b) under Article 31(4)(b) of Directive 2004/17/EC, on the basis that the requirement for the additional service provision by the Supplier has arisen due to unforeseen circumstances and those services cannot be technically or economically separated from the existing contract without major inconvenience to the Pathfinder South Partners
Section V: Award of contract
Vodafone Limited
Vodafone House, The Connection, Berkshire
RG14 2FN Newbury
UNITED KINGDOM
Section VI: Complementary information