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A contract to operate, support and extend a next generation broadband network; utilising the existing DRL infrastructure to continue to provide wholesale network access and services to residential and business communities and public sector ...

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)

Digital Region Limited
Electric Works, Sheffield Digital Campus,
For the attention of: Jeremy Sheehan / Sally Lewis
S1 2BJ Sheffield
Telephone: +44 1142866240
Fax: +44 1142866239

Internet address(es):

General address of the contracting authority/entity:

Address of the buyer profile:

I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
Other: Wholesale broadband provider of connectivity and services including, without limitation, PSN.
1.4)Contract award on behalf of other contracting authorities/entities

The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: yes

Sheffield City Council

Doncaster Metropolitan Borough Council

Rotherham Metropolitan Borough Council

Barnsley Metropolitan Borough Council

The award is made on behalf of DRL and its shareholders and potentially other local authorities, public sector bodies and 3rd sector organisations in South Yorkshire, Sheffield City Region and Yorkshire & Humber Region (collectively described in this notice where the context requires as "the Contracting Authorities”) who also may wish to utilise the services of the successful Provider.

Section II: Object of the contract

II.1.1)Title attributed to the contract
Delivering The Digital Region
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: South Yorkshire, Sheffield City Region, Yorkshire & Humber Region.

NUTS code UKE3

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)
A contract to operate, support and extend a next generation broadband network; utilising the existing DRL infrastructure to continue to provide wholesale network access and services to residential and business communities and public sector organisations within South Yorkshire. Accountability for all of the revenues, costs and risks associated with delivering and operating the network.
An open access network for all service and communications providers, and supporting the delivery of innovative services. Any profits over and above a jointly agreed level that have been generated through the operation of the DRL network will be returned to DRL for reinvestment.
The contract duration will be 9 years with the option to transfer title after year 6.
II.1.5)Common procurement vocabulary (CPV)

64200000, 32400000, 32412100, 32430000, 32562200, 32500000, 32522000, 72000000, 32412110, 64220000, 32560000, 32530000, 32561000, 32562100, 32562300, 32570000, 32571000, 32572000, 32580000, 32581000, 32581100, 32583000, 32584000, 45231600, 45231600, 45232300, 45232332, 45314000, 45314300, 45314310, 50330000, 50332000, 50334400, 51300000, 64210000, 64212400, 72410000, 64227000, 72315000, 72420000, 72400000, 71316000, 45232340, 72220000, 32412000, 32412110, 32413000, 32416000, 32417000, 32420000, 32421000, 32422000, 32423000, 32424000, 32425000, 32427000, 32428000, 32510000, 32520000, 32521000, 32523000, 32524000, 32532000, 72318000, 32412000

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)
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
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
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive yes
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no
New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no
Service contract awarded to the successful candidate or one of them after a design contest: no
For supplies quoted and purchased on a commodity market: no
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no

Digital Region Ltd (DRL) filed an OJEU Contract Notice on 1st May 2012 (Reference 2012/S 87-143111) to commence a Competitive Dialogue procurement process to secure a private sector organisation to manage and operate DRL's high speed broadband network. During the Dialogue stages of the process it became clear that a Best Value outcome could not be achieved within the parameters of the OJEU notice and in addition there was uncertainty regarding a number of clarifications required from the EU Commission.

DRL decided to end that procurement process and moved to a "negotiated procedure without the publication of a contract notice” in order to achieve its requirements within a tight timeframe. DRL notified all previous participants in the first procurement process on 18th December 2012 that in order to complete the procurement urgently (as was required by the funding conditions) and cost-effectively DRL would continue its discussions with the two previous shortlisted bidders and would build upon the dialogues that already taken place.
Final bids have been received and ETDE SA has been notified that they have been awarded the contract.
Due to the need for extreme urgency in concluding the contract which is driven by a variety of factors, including funding, financial commitments and EC Clarifications; it was concluded by DRL that the commencement of a negotiated procedure without the prior publication of a contract notice was consistent and in accordance with:
(i) The Public Sector Procurement Directive (2004/18/EC) Article 31
(ii) as incorporated into UK law under 14(1) of the Public Contracts Regulations 2006.
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of
1. Cost. Weighting 55
2. Quality. Weighting 45
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

Section V: Award of contract

Lot title: Delivering the Digital Region
V.1)Date of contract award decision:
V.2)Information about offers
Number of offers received:2
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

19 rue Stephenson, CS 20734, 78063 St Quentin en Yvelines

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

Section VI: Complementary information

VI.1)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: yes
Reference to project(s) and/or programme(s): Yes the previous start up stage of the project was funded by EC funds, however the contract that is the subject of this VEAT notice is funded only by UK Central and Local Government funds.
European Regional Development Fund provided the funds for the previous stage of the project.
We are now investigating funding from various sources including:
Broadband Delivery UK / Department for Culture, Media & Sport
European Investment Bank
VI.2)Additional information:
(MT Ref:95194).
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: