Modification notice

Modification of a contract/concession during its term

Section I: Contracting entity

I.1) Name and addresses

Section II: Object

II.1) Scope of the procurement

II.2) Description

Section IV: Procedure

IV.2) Administrative information

Section V: Award of contract/concession

Lot No: 3

Contract No: 1

Title: Software & Associated Services

V.2 Award of contract/concession

V.2.1) Date of conclusion of the contract/concession

20/12/2019

V.2.2) Information about tenders

The contract has been awarded to a group of economic operators: No

V.2.3) Name and address of the contractor/concessionaire

V.2.4) Information on value of the contract/lot/concession (excluding VAT)

Total value of the contract/lot: /concession: 2 000 000 000.00  GBP

Section VI: Complementary information

VI.4) Procedures for review

VI.5) Date of dispatch of this notice

26/10/2023

Section VII: Modifications to the contract/concession

VII.1) Description of the procurement after the modifications

VII.1.1) Main CPV code

48000000

VII.1.2) Additional CPV code(s)

48000000

48100000

48200000

48210000

48220000

48300000

48400000

48500000

48600000

48700000

48730000

48731000

48732000

48800000

48900000

50300000

72000000

72200000

72210000

72212732

72300000

72500000

72800000

72900000

80533000

VII.1.3) Place of performance

NUTS code:

UK

VII.1.4) Description of the procurement

This lot is aimed at Suppliers for software, who have the capability to supply a full range of commercial and Open Source commodity off-the-shelf software, software licenses and associated commoditised software services.

Suppliers will have the ability to provide (not limited to) warranties; including but not limited to; extended product warranties; repairs and bug fix warranties in addition to that, the Supplier shall manage such product returns and replacements as appropriate. This includes third party relationship management across the provision of such warranties.

For a detailed description of the requirements please refer to the Specification (Framework Schedule 1).

VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession

Duration in months: 5

VII.1.6) Information on value of the contract/lot/concession (excluding VAT)

Total value of the procurement: 2 000 000 000.00 GBP

The contract/concession has been awarded to a group of economic operators: No

VII.1.7) Name and address of the contractor/concessionaire

VII.2) Information about modifications

VII.2.1) Description of the modifications

Notice of the Crown Commercial Service’s (CCS) extension to the expiry date for Lot 3 of Technology Products and Associated Services (RM6068) framework from 9 December 2023 to 30 April 2024.

No other changes will be made to the Framework.

CCS’ view is that this modification to the Framework term for Lot 3 is permitted pursuant to

Regulation 72(1)(e) of the Public Contracts Regulations 2015. While CCS is not required to

publish this notice it does so to be transparent.

As set out below, this is a non-substantial modification under Regulation 72(1)(e), but, in the

event that this modification is deemed not to be a modification under the PCR, then this

notice should be treated as providing the requisite notice of a contract award.

Regulation 72(1)(e) provides a modification is permitted where irrespective of value it is not

substantial within the meaning of Regulation 72(8).

Regulation 72(8) provides a modification will be considered substantial if any one or more of

the following conditions is met:

(a) the modification renders the framework materially different in character from the one

initially concluded;

(b) the modification introduces conditions which, had they been part of the initial

procurement procedure, would have—

(i) allowed for the admission of other candidates than those initially selected,

(ii) allowed for the acceptance of a tender other than that originally accepted, or

(iii) attracted additional participants in the procurement procedure;

(c) the modification changes the economic balance of the framework in favour of the

contractor in a manner which was not provided for in the framework;

(d) the modification extends the scope of the framework considerably;

(e) a new contractor replaces the original contractor in cases other than those provided for in

paragraph (1)(d).

CCS’ view is that the increase is not a substantial variation because the:

● framework will not be materially different in character from the one originally

concluded;

● increase would not have allowed for a different tender to be accepted or attracted

additional bidders;

● increase does not change the economic balance of the Framework in favour of the

supplier(s); and

● increase does not extend the scope of the Framework considerably.

VII.2.2) Reasons for modification

Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee

Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:

The public sector body experienced unforeseen delay in governance, which prohibited their ability to deliver in time for the expiry of this Framework Lot. They are unable to wait until the release of the subsequent CCS Framework available in November, as their current contract will have expired.

VII.2.3) Increase in price

Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)

Value excluding VAT: 2 000 000 000.00 Currency: GBP

Total contract value after the modifications

Value excluding VAT: 2 000 000 000.00 Currency: GBP