The Secretary of State for the Home Department

3rd Floor, Clive House, 70 Petty France

London

SW1H 9EX

UK

Person cyswllt: ESMCP Commercial Team

E-bost: ESMCPSupplier@homeoffice.gov.uk

NUTS: UK

Cyfeiriad(au) rhyngrwyd

Prif gyfeiriad: https://www.gov.uk/government/organisations/home-office

II.1.1) Teitl

Emergency Services Network (ESN) Lot 2 User Services — Contract Award

Cyfeirnod: C9284

II.1.2) Prif god CPV

72000000

II.1.3) Y math o gontract

Gwasanaethau

II.1.4) Disgrifiad byr

In December 2015, following advertisement of the contract in the OJEU (on 18.4.2014, reference 2014/S 077-133654), the Home Office entered into a contract (the ESN Lot 2 contract) with Motorola Solutions UK Ltd (Motorola) for the development and roll-out of a Public Safety Communications Solution (PSCS) application which is to be installed on users mobile devices, as part of the Home Offices ESN project. The solution is to be used by emergency services staff. It is to replace the UK's current ‘Airwave’ PSCS, which uses old technology and is costly. The new solution will provide (amongst other things) ‘push to talk’ functionality and new data services over an existing mobile network (on a prioritised basis). This notice is to confirm that the original contract has been varied (see Section II.2.4 below for a description of the variation).

II.1.6) Gwybodaeth am lotiau

Mae’r contract hwn wedi’i rannu’n lotiau: Na

II.1.7) Cyfanswm gwerth y caffaeliad

Gwerth heb gynnwys TAW: 297 000 000.00 GBP

IV.1.1) Y math o weithdrefn

Dyfarnu contract heb gyhoeddi galwad am gystadleuaeth yng Nghyfnodolyn Swyddogol yr Undeb Ewropeaidd ymlaen llaw

Cyfiawnhau'r weithdrefn ddyfarnu a ddewiswyd:

Dim ond am y rheswm canlynol y gall gweithredwr economaidd penodol ddarparu'r gwaith, y cyflenwadau neu'r gwasanaethau: diffyg cystadleuaeth am resymau technegol

Esboniad

This is a modification of a contract via a new procurement procedure pursuant to paragraph 5 of Article 72 of Directive 2014/24/EU. The new procurement procedure is the negotiated procedure without prior publication, under Article 32, which is justified because the services being procured under the modified contract can be provided only by Motorola because competition is absent for technical reasons. The services required by the Home Office consist of the full rollout of the ESN solution as soon as reasonably possible (to transition away from and avoid the high costs of, Airwave and to improve end users' PSCS). The soonest that a full rollout could reasonably be achieved is by around December 2022. The Home Office is therefore procuring services which include the development and full rollout of an ESN solution by around December 2022 (along with a necessary contractual period thereafter, to facilitate transition to a new provider). Only Motorola can provide such services within that timeframe. This absence of competition is for technical reasons: Motorola has made substantial progress in the development of a technical solution, and any alternative provider would require time to ‘catch up’; a change to a new provider would require the migration of technical infrastructure from Motorola to the new provider, causing further delay; the technical interface between Airwave and ESN is owned by Motorola (and Airwave-ESN interworking will be required to facilitate the transition from ESN to Airwave, and to avoid users having to carry both Airwave and ESN devices, and/or have unsatisfactory ‘work-arounds’ in their control rooms); and the Home Office may be unable to sub-license essential software to a new provider. There is no reasonable alternative to procuring these services from Motorola: the Home Office’s assessment is that, were it to use a different provider for all of these services, full rollout would be delayed by approximately 5 years (including the time needed to procure a new provider). Such delay would (principally because of Airwave’s high cost) cost the Home Office approximately 2 600 000 000 GBP (full termination). Alternatively, were the Home Office to continue to use Motorola’s Kodiak solution but switch to a new provider for the Lot 2 ‘service wrap’ around that solution, then it estimates that this would cause a delay of just over 2 years, at a cost of approximately 1 100 000 000 GBP (partial termination). These figures take account of the fact that switching to a new provider would be likely to mean that the Home Office has not only to pay the new provider for the services, but also covers likely additional legal costs and contractual disputes. The context for these points is that the PSCS is critical national infrastructure.

IV.1.8) Gwybodaeth am Gytundeb Caffael y Llywodraeth (GPA)

The procurement is covered by the Government Procurement Agreement: Ydy

IV.2.1) Cyhoeddiad blaenorol mewn perthynas â’r weithdrefn hon

Rhif yr hysbysiad yn OJ S:

2014/S 077-133654

Motorola Solutions UK Ltd

00912182

Nova South, Victoria Street

London

SW1E 5LB

UK

NUTS: UK

Cyfeiriad(au) rhyngrwyd

URL: www.motorolasolutions.com

BBaCh yw’r contractwr: Na

VI.4.1) Corff adolygu