Section one: Contracting authority/entity
one.1) Name and addresses
DEPARTMENT OF ENVIRONMENT, FOOD AND RURAL AFFAIRS (Defra Network eTendering Portal)
Seacole Building, 2 Marsham Street
London
SW1P 4DF
Contact
Tom Dubberley
Telephone
+44 7827903738
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs
Buyer's address
https://defra-family.force.com/s/Welcome
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Environment
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
(VEAT) Procurement of Support, Maintenance, and Continued Development to the Risk Attribution and Field Based Tool + (RAFT+)
two.1.2) Main CPV code
- 72000000 - IT services: consulting, software development, Internet and support
two.1.3) Type of contract
Services
two.1.4) Short description
The Environment Agency are submitting this Voluntary Ex-Ante Transparency (VEAT) Notice with a view to completing a Single Tender Award. Please note that this is not a tender opportunity, and that the contracting authority intends to award a Single Tender Action to HR Wallingford Limited.
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: £484,840
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Single Tender Action with HR Wallingford due to the justification under the Public Contracting Regulations 2015 for this Single Tender Action is against regulation 32 (2) (b) of the PCR 2015 for use of the negotiated procedure without prior publication where (ii) competition is absent for technical reasons, and also (iii) where exclusive rights, including IP rights, meaning that services can only be supplied by one economic operator.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: Yes
Description of options
One Year Optional Extension (subject to approval)
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
The Risk Attribution and Field Based Tool + (RAFT+) is a bespoke web application tool which allows the Environment Agency (EA) to assess the risk of failure associated with vital EA flood risk assets. It has been built and developed in a partnership with HR Wallingford who own crucial elements of the intellectual property within and underpinning the tool. With their bespoke tool and the ownership of the associated IP, the Environment Agency has concluded that HR Wallingford is the only supplier who can deliver the required technical solution for the moment.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
The justification under the Public Contracting Regulations 2015 for this Single Tender Action is against regulation 32 (2) (b) of the PCR 2015 for use of the negotiated procedure without prior publication where (ii) competition is absent for technical reasons, and also (iii) where exclusive rights, including IP rights, meaning that services can only be supplied by one economic operator – this is for the following reasons:
• HR Wallingford have developed the RAFT+ tool with the EA to meet all of the requirements of the EA and the need to analyse fragility curves. No other equivalent tool is available, either immediately or in a form that could be readily adapted along with IP Rights to elements of the tool that the EA is unable to purchase at this moment.
• Due to the ownership of elements of the RAFT+ tool (and the resultant IP Rights), no other supplier could be onboarded and use the tool, supporting this and developing it for the EA. The tool contains an element known as HR Reliable; this is a key aspect of the tool that is owned by HR Wallingford and is not available for third parties. Without this element, the tool would not be effective and would not meet the objectives of the EA. This would therefore result in a new system needing to be built, supported and maintained from another Supplier; this goes against value for money principles (as the EA would be paying twice for two systems), but also would create an operational risk as no system would be in place for a period of time (likely to be a minimum of six months). As Flood Coast and Risk Management is one of the Government’s key area of focus and a DEFRA mission, This creates an unacceptable operational risk to the EA, if flooding were to effect areas that this tool could have been used to protect.
• The EA will look to analyse the future market and the need for this requirement going forward past the proposed contract term, to understand whether this requirement should be tendered on the open market for future implementation.
• The tool is more than simply the front-end element of RAFT+; the integration with HR Reliable, which is proprietary to HR Wallingford [and not available for licensing to third parties], is crucial to the successful operation of this tool. An alternative supplier would need to be able to deliver both an equivalent to the RAFT+ front-end of the tool and the underpinning software.
The whole life cost for the proposed contract is a maximum of £484,840 for a two year period with a one year optional year.
If any provider has concerns with the Authority’s intentions outlined within the published documentation, please raise this to the DEFRA point of contact within ten days of the date of this notice.
The closing date for this VEAT notice is 0900hrs on the 17th February 2024.
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
5 February 2025
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
HR Wallingford Ltd
Howbery Park
Wallingford
OX10 8BA
Telephone
+44 1491835381
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
Wallingford
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: £484,840
Total value of the contract/lot/concession: £484,840
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
DEPARTMENT OF ENVIRONMENT, FOOD AND RURAL AFFAIRS (Defra Network eTendering Portal)
Seacole Building, 2 Marsham Street
London
SW1P 4DF
Country
United Kingdom
Internet address
https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs
six.4.2) Body responsible for mediation procedures
DEPARTMENT OF ENVIRONMENT, FOOD AND RURAL AFFAIRS (Defra Network eTendering Portal)
Seacole Building, 2 Marsham Street
London
SW1P 4DF
Country
United Kingdom
Internet address
https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs
six.4.4) Service from which information about the review procedure may be obtained
DEPARTMENT OF ENVIRONMENT, FOOD AND RURAL AFFAIRS (Defra Network eTendering Portal)
Seacole Building, 2 Marsham Street
London
SW1P 4DF
Country
United Kingdom
Internet address
https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs