Contract Award for Oracle Enterprise Solutions

CPV: Financial analysis and accounting software package · Software package and information systems

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Goods

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

18 Oct 2024, 15:52 BST

Last source update

29 Nov 2024, 12:00 GMT

Authority reference

DN748092

FTS notice number

2024/S 000-038585

Classification (CPV)

Financial analysis and accounting software packageSoftware package and information systems

Delivery area

UK

Official registry OCID

ocds-h6vhtk-04af3e Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to protection of exclusive rights, including intellectual property rights

Published justification

Guinness' has renewed 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 bespoke 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 therefore met and has entered directly into contract via negotiation with Oracle.

Guinness has formalised the extension of contract with Oracle following the publication of a VEAT notice and the completion of a 10-day standstill period. Voluntary ex ante transparency notice Notice reference: 2024/S 000-033825; Published: 18 October 2024, 3:52pm.

• Oracle Corporation UK LimitedAwarded supplier1782505 Oracle Parkway, Thames Valley Park, Reading, Berkshire, UK, RG6 1RA
• Oracle Corporation UK LimitedAwarded supplier Oracle Parkway, Thames Valley Park, Reading, Berkshire, UK, RG6 1RA

No document links were published on the notice.