Section one: Contracting authority
one.1) Name and addresses
Secretary of State for the Home Department - Home Office - Emergency Services Mobile Communications Programme (ESMCP)
2 Marsham Street
London
SW1P 4DF
Contact
Control Rooms Commercial team
ESMCPSupplier@homeoffice.gov.uk
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
https://www.gov.uk/government/organisations/home-office
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Public order and safety
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
ICCS Software Development for the Emergency Services Network (‘ESN’) — Systel
Reference number
C21873
two.1.2) Main CPV code
- 72212100 - Industry specific software development services
two.1.3) Type of contract
Services
two.1.4) Short description
This procurement seeks to establish a contract between the supplier as a vendor of integrated communications control systems (ICCS) software to the three emergency services (3ES) and the Home Office, specifically the Emergency Services Mobile Communications Programme (‘ESMCP’ or the ‘Programme’), for the provision of software development and supporting services.
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: £981,754
two.2) Description
two.2.2) Additional CPV code(s)
- 72212517 - IT software development services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
The service requirements are concerned with the development of a compatible ICCS product upgrade that enables the supplier’s control room ICCS product(s) (as deployed to the supplier’s UK 3ES customers) to interface to ESN, for the minimum subset of Kodiak 12 (K12) features as set out in the contract schedules.
Kodiak is the mission critical push to talk application (provided by Motorola Solutions UK Limited) used on ESN to connect the 3ES to the EE mobile network (the ESN’s mobile network operator). It is critical that the 3ES control rooms are compatible with ESN. If they are not, ESN will not work, and this could endanger life.
This Notice is for the provision of services in connection with the development of Systel’s IRIS Solution against Kodiak 12 (K12). It should be noted that the contracting authority may require Systel to provide further development work in the future, as may be relevant for newer versions of the release.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: Yes
Description of options
N/A
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 services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
The services can only be provided by the Awardee to protect exclusive rights, including intellectual property rights. There is no reasonable alternative to the Awardee in the circumstances.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract
Contract No
C21873
Title
ICCS Software Development for the Emergency Services Network (‘ESN’) — Systel
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
31 May 2022
five.2.2) Information about tenders
Number of tenders received: 2
Number of tenders received from SMEs: 1
Number of tenders received from tenderers from other EU Member States: 1
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Systel Systèmes & Télécommunications SA
17 Rue Leverrier – ZI de Belle Aire
AYTRE
17440
Country
France
NUTS code
- FR - France
Internet address
https://www.systel-sa.fr/en/home/
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £981,754
Section six. Complementary information
six.3) Additional information
The Authority has contracted with a number of Original Equipment Manufacturers (OEMs) to provide Integrated Communications Control Systems (ICCS) services for the emergency services (3ES).
Each OEM has proprietary systems that must be developed to ensure compatibility with the Emergency Services Network (ESN) when it goes live. The Authority has contracted with the relevant OEMs to carry out this development work (i.e. each has a contract to develop their own respective systems).
One of those OEMs is Systel, which is carrying out development work on its proprietary system (called IRIS) accordingly. Systel’s contract with the Authority, under which it is carrying out that development work, is to be replaced with a new contract with greater scope and increased cost to ensure compatibility against the latest Kodiak iteration (Kodiak 12).
Systel is the only supplier that can provide these development services, most notably because it owns the intellectual property rights (IPRs) to IRIS, and does not license them to third party developers who might otherwise be able to do so. The parameters of the procurement are a function of the development work needed to make IRIS ESN compatible.
The Authority has already contracted or is in the process of reaching an agreement with the rest of the market, either on a similar basis or under a Memorandum of Understanding (MoU), to make sure that all available ICCS solutions (i.e. Systel’s and those of its competitors) are developed to be compatible with ESN. The Authority has actively sought to ensure that competition is maintained across the marketplace. The purpose of this particular procurement is to ensure 3ES users of Systel’s IRIS system, have an ESN compatible product.
This procurement will prevent Systel from being disadvantaged in comparison to the rest of the marketplace, enabling all market players to compete fairly and offer ESN compatible control room solutions when 3ES procure control rooms in the future.
The value of the proposed changes to Systel’s contract is such that to comply with the PCR 2015 (as amended), the Authority must award a new contract to Systel.
The above justifies, the use of a direct award relying on Reg 32(2)(b)(iii), where the services can only be supplied by a particular operator for the protection of exclusive rights including IPRs, no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing of the parameters of the procurement.
six.4) Procedures for review
six.4.1) Review body
Emergency Services Mobile Communications Programme (ESMCP) - Home Office
3rd Floor, Clive House, 70 Petty France
London
SW1H 9EX
ESMCPSupplier@homeoffice.gov.uk
Country
United Kingdom