Section one: Contracting authority/entity
one.1) Name and addresses
The Guinness Partnership Ltd
30 Brock Street, Regents Place
London
NW1 3FG
Contact
- Dennis Viljoen
dennis.viljoen@guinness.org.uk
Telephone
+44 3031231890
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
http://www.guinnesspartnership.com/
Buyer's address
http://www.guinnesspartnership.com/
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Housing and community amenities
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Contract Award for Oracle Enterprise Solutions
Reference number
DN748092
two.1.2) Main CPV code
- 48440000 - Financial analysis and accounting software package
two.1.3) Type of contract
Supplies
two.1.4) Short description
The Guinness Partnership Ltd. currently employs the software solutions provided by the Oracle Corporation as the business' core financial management, planning and budgeting systems. This includes a number of licences for software provided by Oracle, which can be grouped into two core products - Oracle Fusion ERP, and Oracle Fusion EPM.
Guinness' current contract for these services with Oracle ends shortly, and the business intends to renew these contracts for with Oracle for a 10 year (5+5) period, without further competition, on the basis of a specified exemption under the Public Contract Regulations 2015. See below for further details.
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: £7,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 48400000 - Business transaction and personal business software package
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Financial management, planning and budgeting systems provided by Oracle Corporation UK Ltd. This includes a number of licences for software provided by Oracle, which can be grouped into two core products - Oracle Fusion ERP, and Oracle Fusion EPM.
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
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:
Guinness' intends to renew its contract for these services directly with Oracle, without further competition, on the basis of a specified exemption under the Public Contract Regulations (PCR) 2015.
Under Regulation 32 of the PCR, authorities are able to make use of the negotiated procedure without prior publication where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons:- (i) the aim of the procurement is the creation or acquisition of a unique work of art or artistic performance, (ii) competition is absent for technical reasons, or (iii) the protection of exclusive rights, including intellectual property rights.
Guinness as the contracting authority is of the view that competition is absent for technical reasons (ii). The software configuration in place is deeply embedded into Guinness' IT architecture and is significantly bespoke to our business requirements, which makes changing systems highly complex and prohibitive.
Furthermore Guinness considers that exemption (iii) also applies, on the basis that Oracle alone has exclusive ownership of the intellectual property which forms our bespoked solution.
As per exemption (ii), the level of complexity of the current software implementation and licencing configuration embedded within Guinness' IT architecture is such that it can only feasibly be provided and maintained by Oracle.
The Guinness Partnership therefore believes that the conditions for Regulation 32 of the PCR are met and therefore intends to enter directly into negotiations with Oracle. Guinness intends to formalise the extension of contract with Oracle once the 10-day standstill period for this VEAT notice has come to an end on 28/10/24.
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
Title
Proposed Contract Award for Oracle Enterprise Solutions
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
18 October 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
Oracle Corporation UK Limited
Oracle Parkway, Thames Valley Park
Reading, Berkshire
RG6 1RA
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
1782505
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £7,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The Guinness Partnership Ltd.
350 Euston Road, Regent's Place
London
NW1 3AX
Country
United Kingdom