LASS Contract

Concepts

• information technology
• lgfl
• proposed award of a new contract
• term of the new contract
• software package
• use of proprietary software
• unique nature
• atomwide limited
• london grid
• continued successful operation of lgfl

Location

United Kingdom:

Description

This VEAT notice relates to the proposed award of a new contract of 60 months duration to the incumbent provider for the period 01/08/2023 to 31/07/2028 with the option of a 36-month extension for the period 01/08/28 to 31/07/31. London Grid for Learning Trust (LGfL) proposes to award a contract to Atomwide Limited for the provision of its Universal Sign On (USO) platform and Related Services. The services provided by Atomwide are complex, deeply integrated and dependent on the use of proprietary software that was developed over an extended period. The software is not a commodity product due to its unique nature and its limited market; Atomwide is the only supplier capable of supporting and maintaining it. Consequently, economic operators could not submit competitive tenders for the provision of alternative services without a licence from Atomwide for its proprietary materials resulting in an absence of genuine competition. Following extensive consideration of alternative options, LGfL determined that use of the negotiated procedure without prior notice under Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 was essential for the continued successful operation of LGfL.

Total Quantity or Scope

LGfL was established in 2001 as a Regional Broadband Authority by the 32 London local authorities and the City of London Council. It was established as a not-for-profit company and a registered charity, and is a body governed by public law. Its purpose is to provide broadband connectivity and Information and Communications Technology and related services to schools in London, LGfL’s ‘customers’. It currently provides essential services to over 3,000 schools providing education to around 1.2 million students each year. Atomwide developed a proprietary product for the provision of a Universal Sign On (USO) solution and related support services that is inextricably linked to the provision of broadband connectivity and related support and ICT services for the benefit of LGfL’s customers. The proprietary nature of the USO solution and the nature of its deep and wide integration with the other services provided by LGfL to its customers means that an alternative supplier could not deliver replacement services without a licence from Atomwide. LGfL determined that proper competition would also be absent due to the complexity and interconnected nature of the solution and concluded that use of the negotiated procedure without prior notice under Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 was justified. LGfL conducted thorough due diligence of its options and satisfied itself that USO is a unique product delivering proprietary and interconnected services for which there is no comparable alternative in the Education market. LGfL is developing a clear technology and design principles for future solutions which will require the replacement of proprietary solutions with those based on open standards and interoperability. This is a necessary strategic step to replace USO as a central system and to reduce dependency on USO during the term of the new contract. LGfL has negotiated the terms of a new contract with Atomwide but will voluntarily delay award of the contract for 30 days following the publication of this contract award notice.

Award Detail

CPV Codes

• 72000000 - IT services: consulting, software development, Internet and support
• 48000000 - Software package and information systems
• 64215000 - IP telephone services

Legal Justification

1. LGfL was established in 2001 as a Regional Broadband Authority by the 32 London local authorities and the City of London Council. It was established as a not-for-profit company and a registered charity, and is a body governed by public law. Its purpose is to provide broadband connectivity and Information and Communications Technology and related services to schools in London, LGfL’s ‘customers’. It currently provides essential services to over 3,000 schools providing education to around 1.2 million students each year. 2. Atomwide developed a proprietary product for the provision of a Universal Sign On (USO) solution and related support services that is inextricably linked to the provision of broadband connectivity and related support and ICT services for the benefit of LGfL’s customers. 3. The proprietary nature of the USO solution and the nature of its deep and wide integration with the other services provided by LGfL to its customers means that an alternative supplier could not deliver replacement services without a licence from Atomwide. LGfL determined that proper competition would also be absent due to the complexity and interconnected nature of the solution and concluded that use of the negotiated procedure without prior notice under Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 was justified. 4. LGfL conducted thorough due diligence of its options and satisfied itself that USO is a unique product delivering proprietary and interconnected services for which there is no comparable alternative in the Education market. 5. LGfL is developing a clear technology and design principles for future solutions which will require the replacement of proprietary solutions with those based on open standards and interoperability. This is a necessary strategic step to replace USO as a central system and to reduce dependency on USO during the term of the new contract. 6. LGfL has negotiated the terms of a new contract with Atomwide but will voluntarily delay award of the contract for 30 days following the publication of this contract award notice.

Other Information

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