Managed Telephony Service Tender London

Managed Telephony Service Tender London

For The Crown Prosecution Service.

United Kingdom-London: Telecommunications services

2014/S 142-255823

Voluntary ex ante transparency notice

This notice is covered by: Directive 2004/18/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

The Crown Prosecution Service
Rose Court, 2 Southwark Bridge
Contact point(s): Crown Prosecution Service
For the attention of: Jackie Palmer
SE1 9HS London
Telephone: +44 2033570000

Internet address(es):

General address of the contracting authority/entity:

I.2)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions

I.3)Main activity

General public services

1.4)Contract award on behalf of other contracting authorities/entities

The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no

Section II: Object of the contract


II.1.1)Title attributed to the contract

Managed Telephony Agreement: Contract Number PR/34/2006.

II.1.2)Type of contract and location of works, place of delivery or of performance

Service category No 5: Telecommunications services
Main site or location of works, place of delivery or of performance: UK.
II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)

II.1.4)Short description of the contract or purchase(s)

The subject matter of this voluntary ex ante transparency notice is the amendment to a managed telephony agreement awarded by the authority on 25.1.2006 (the “Agreement”). The Contracting Authority advertised its requirements for telephony services in a notice sent to the official journal of the European Union on 26.1.2005. The Agreement was awarded following the completion of a negotiated procurement procedure carried out pursuant to the requirements of the Public Services Contracts Regulations 1993 (No. 3228) (implementing Directive 92/50/EEC). The amendment provides that the Agreement:
a) is extended so as to expire on 30.11.2015 with an option in favour of the Contracting Authority to extend the Agreement by notice beyond 30.11.2015 by monthly extension periods up to the 31.3.2016 (a total maximum extension beyond its current term of 12 months);
b) is amended to remove as from 31.3.2015, certain benchmarking provisions and technology refresh obligations which the parties to the Agreement believe are no longer appropriate during the extension period; and
c) is amended to include an obligation on the Contracting Authority to meet certain limited costs which may arise as a result of this amendment.
(the “Amendment”)
The Amendment has been agreed in order to enable the Contracting Authority’s completion of a new procurement exercise to replace the services under the Agreement.

II.1.5)Common procurement vocabulary (CPV)


II.6)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)

Section IV: Procedure

IV.1)Type of procedure
Negotiated without publication of a contract notice / call for competition
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
Other justification for the award of the contract without prior publication of a contract notice in the OJEU
The contract falls outside the scope of application of the Directive
The Contracting Authority considers that the nature of the Amendment as more particularly described in paragraph II.1.4) does not represent a material amendment so as to amount to the award of a new agreement. The Contracting Authority has come to this conclusion based upon its consideration of certain jurisprudence of the Court of Justice of the European Union in particular the decision of the Court in the case of Pressetext v Republik Österreich (Bund) and others [2008] EUECJ C-454/06. As noted the Amendment includes an increase in the term of the Agreement by the inclusion of a further extension period of 8 months up to a maximum of a 12 months, certain minor changes to the obligations of the parties and the inclusion of an obligation to meet certain costs which might arise as a result of the Amendment. The Contracting Authority has considered the nature and scope of the initial procurement exercise and the Agreement and has concluded that the changes envisaged by the Amendment are not material. Accordingly, the agreement of the Amendment does not represent the award of a public services contract under Directive 2004/18/EC.
IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority/entity


IV.3.2)Previous publication(s) concerning the same contract

Contract notice

Notice number in the OJEU: 2005/S 20-019819 of 28.1.2005

Section V: Award of contract

V.1)Date of contract award decision:
V.2)Information about offers

V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

Level 3 Communications UK Limited (formerly Global Crossing (UK) Telecommunications Limited)
7th Floor 10 Fleet Place
EC4M 7RB London

V.4)Information on value of contract
V.5)Information about subcontracting

Section VI: Complementary information

VI.1)Information about European Union funds
VI.2)Additional information:
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
VI.3.3)Service from which information about the lodging of appeals may be obtained

VI.4)Date of dispatch of this notice: