Section one: Contracting authority/entity
one.1) Name and addresses
SOLIHULL METROPOLITAN BOROUGH COUNCIL
Council House, Manor Square
Solihull
B913QB
Contact
Corporate Procurement Service
procurementteam@solihull.gov.uk
Country
United Kingdom
Region code
UKG32 - Solihull
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
Buyer's address
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
SOL - WMPSN2
Reference number
SOL - 8805
two.1.2) Main CPV code
- 32400000 - Networks
two.1.3) Type of contract
Supplies
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKG - West Midlands (England)
two.2.4) Description of the procurement at the time of conclusion of the contract:
Solihull Council led the procurement of WMPSN through the Government Procurement Service National Framework Agreement RM860 (Public Services Network) in 2013, to drive down the costs of networking provision through economies of scale. 19 West Midlands public sector bodies (Partners) have utilised the contract since then. The Original (WMPSN1) contract expired after a seven-year term in November 2020.
As the number of Partners in WMPSN is reducing and the contract value is decreasing as Partners move away, Solihull Council awarded a short-term contract (WMPSN2) via Regulation 32 of the Public Contract Regulations to Virgin Media Business to ensure continuity of supplies to the remaining Partners. This modification will allow for Solihull Council and its partners to complete exercises for a new requirement.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
36
Section four. Procedure
four.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2019/S 135-332376
Section five. Award of contract/concession
Contract No
SOL - 8805
Title
SOL - West Midlands Public Services Network (WMPSN2)
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
16 November 2020
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Virgin Media Business Limited
Hampshire
Country
United Kingdom
NUTS code
- UKJ37 - North Hampshire
Companies House
01785381
The contractor/concessionaire is an SME
No
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £10,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court
London
Country
United Kingdom
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 32400000 - Networks
seven.1.3) Place of performance
NUTS code
- UKG - West Midlands (England)
seven.1.4) Description of the procurement:
SMBC is undertaking a modification of the contract during its term to incumbent supplier, Virgin Media Business. This procurement has been conducted pursuant to Directive 2014/24/EU of the European Parliament and of the Council. Article 72, 1(b) - Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Part in any of the following cases- (b) for additional works, services or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor-
(i)cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, or
(ii)would cause significant inconvenience or substantial duplication of costs for the contracting authority,
The WMPSN2 contract will run for 12 months from November 18th 2023 to November 17th 2024.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
12
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£10,000,000
seven.1.7) Name and address of the contractor/concessionaire
Virgin Media Business Limited
Hampshire
Country
United Kingdom
NUTS code
- UKJ37 - North Hampshire
Companies House
01785381
The contractor/concessionaire is an SME
No
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
The modification is limited to extending the contract duration for a further 12months limiting spend to up to 50% of the initial contract value.
The service specification, terms and conditions of contract, service level agreement and annual charge rates have not been modified. Therefore, the modification of the contract is not deemed to be substantial, as defined in Regulation 72.1 (8).
In accordance with Regulation 72.1 (b) the modification of the contract shall not exceed 50% of the value of the original contract.
seven.2.2) Reasons for modification
Need for additional works, services or supplies by the original contractor/concessionaire.
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:
A large amount of resource has been invested by Partners in implementing WAN and associated technology over the course of the WMPSN1 contract. The purpose of the WMPSN2 contract was to secure the extension of existing supplies and installations from the incumbent supplier, for a reduced number of Partners. A change of supplier at this stage would result in incompatibility and disproportionate technical difficulties for Solihull and the WMPSN Partners. A significant number of circuits have been laid in the ground by VMB over the course of WMPSN and are in good working order. Changing supplier could involve current circuits being replaced by new circuits which would cause disproportionate technical difficulties for Partners in a short-term contract. With the advent of Local Full Fibre Network and 5G, both of which opens options for Partners to procure solutions for future connectivity requirements. Therefore, Partners will only require a short-term extension of no longer than 18 months to complete exercises and move away from WMPSN2, pursuant to the contract term allowed under Directive 2014/24/EU, Article 72, 1(b)
The proposed modification does not alter the overall nature of the contract as the only element of the contract to be changed is the duration. The service specification, terms and conditions of contract, service level agreement and annual charge rates have not been modified.
The increase in duration would not cause the overall price to exceed 50% of the value of the original contract
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £10,000,000
Total contract value after the modifications
Value excluding VAT: £15,000,000