Section one: Contracting authority/entity
one.1) Name and addresses
Secretary of State for Health and Social Care acting as part of the Crown through UK Health Security Agency
10 South Colonnade
London
E14 4PU
Contact
Procurement Operations
procurement.operations@ukhsa.gov.uk
Country
United Kingdom
Region code
UKI42 - Tower Hamlets
Internet address(es)
Main address
https://www.gov.uk/government/organisations/uk-health-security-agency
Buyer's address
https://www.gov.uk/government/organisations/uk-health-security-agency
one.4) Type of the contracting authority
National or federal Agency/Office
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
SpringerNature Read and Publish Agreement for UKHSA staff
two.1.2) Main CPV code
- 79970000 - Publishing services
two.1.3) Type of contract
Services
two.1.4) Short description
This VEAT notice is to indicate that UK Health Security Agency (UKHSA) intends to award a contract to Jisc Services Limited. This agreement will allow UKHSA staff to publish Open Access articles in the SpringerNature Hybrid journals without incurring any publication charges at the time of submission.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: 144,222 EUR
two.2) Description
two.2.2) Additional CPV code(s)
- 79970000 - Publishing services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
The read and publish agreement can only be invoiced from JISC Services Limited
The use of an STW in this circumstance is permissible under Regulation 32 of the Public Contract Regulations 2015, namely 32(2)(b) (ii) and/or (iii):
"General grounds
(2) The negotiated procedure without prior publication may be used for public works contracts, public supply contracts and public service contracts in any of the following cases:
…….
b) where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons:
…….
(ii) competition is absent for technical reasons, (iii) the protection of exclusive rights, including intellectual property rights, but only, in the case of paragraphs (ii) and (iii), where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;" The current circumstances (i.e. the supplier as the only viable source of the relevant intellectual property rights) are beyond the control of UKHSA.
No third-party resellers or agents can facilitate access to the agreement; JISC have confirmed they are the only method of procurement.
In addition, I have carried out my own due diligence and received confirmation from SpringNature that this agreement specifically, the procurement would need to be via Jisc, purchase isn’t available directly with Springer Nature.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
UKHSA believes that Jisc Services Limited is the only supplier capable of providing this level of cover due to the fact they are the OEM and do not instruct any third party agents or providers to complete or carry out the service activities on these instruments.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
10 January 2024
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
JISC SERVICES LIMITED
4 Portwall Lane
Bristol
BS1 6NB
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
02881024
Internet address
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: 144,222 EUR
Total value of the contract/lot/concession: 144,222 EUR
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Value excluding VAT: 144,222 EUR
Short description of the part of the contract to be subcontracted
Springer Nature is the only supplier who is able to provide this resource. Springer Nature confirmed that the current deal on offer is only available via Jisc Services Limited
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court and Court of Appeal of England and Wales
Strand
London
WC2A 2LL
InternationalRelationsJudicialOffice@judiciary.uk
Country
United Kingdom