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Provision of broadband services to the participating Authorities.

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)

Dumfries and Galloway Council
Council Offices, English Street
For the attention of: James Pocock
DG1 2DD Dumfries
Telephone: +44 1387702608

Internet address(es):

General address of the contracting authority/entity:

I.2)Type of the contracting authority
Regional or local authority
I.3)Main activity
Other: As defined in the Local Government etc (Scotland) Act 1994
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

Scottish Borders Council
Council headquarters, Newton-St-Boswell, Melrose
TD6 OSA Melrose

Section II: Object of the contract

II.1.1)Title attributed to the contract
Pathfinder South- Provision of High Speed Broadband Services.
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 5: Telecommunications services
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)
Provision of broadband services to the participating Authorities.
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
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical
Extreme urgency brought about by events unforeseeable by the contracting entity and in accordance with the strict conditions stated in the Directive no
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: yes
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
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

Dumfries and Galloway Council (acting on its own behalf and on behalf of Scottish Borders Council) (together "the Pathfinder South Partners”) awarded a contract to Thus plc (thereafter Cable & Wireless Worldwide plc and now Vodafone Limited) ("the Supplier”) for the provision of Managed Network Services in South of Scotland in November 2006. The contract opportunity was advertised under Contract Notice2005/S 84-081660 dated 30/09/2005 In line with Scottish Government policy on shared IT and network infrastructure/services and, following expiry of the contract with the Supplier, the Pathfinder South Partners intend to obtain services from a wider public sector shared network service arrangement as soon as a viable and reliable shared service, which meets their requirements, is operational and available to the Pathfinder South Partners. However, having conducted a detailed assessment of the Scottish public sector shared network initiatives that are currently in contemplation or underway, the Pathfinder South Partners consider that such a suitable shared service is unlikely to be operational and available to the Partners significantly in advance of 2014. It has therefore become necessary for the Pathfinder South Partners to put in place arrangements to ensure continuity of this critical service during an interim period between expiry of the Contract with the Supplier and the Pathfinder South Partners being in a position to receive managed network services from a suitable shared service arrangement. Following detailed evaluation of the position, the Pathfinder South Partners have determined that the only viable option for the continued provision of managed network services during this interim period is to extend the existing contract with the Supplier. The Pathfinder South Partners have therefore concluded that, to the extent that the extension of the contract with the Supplier may be deemed to constitute a new contract award by the Pathfinder South Partners they are entitled to use the Negotiated Procedure without Prior Publication of a Contract Notice in order to award this limited term extension on the grounds highlighted above in i.e: (a) under Article 31(1)(b) of Directive 2004/17/EC, on the basis that, for technical reasons, the contract may only be awarded to the Supplier; and (b) under Article 31(4)(b) of Directive 2004/17/EC, on the basis that the requirement for the additional service provision by the Supplier has arisen due to unforeseen circumstances and those services cannot be technically or economically separated from the existing contract without major inconvenience to the Pathfinder South Partners

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

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

Vodafone Limited
Vodafone House, The Connection, Berkshire
RG14 2FN Newbury

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:
The contracting authority is also purchasing on behalf of Scottish Borders Council, of Council Headquarters, Newton St Boswell, Melrose, TD6 OSA.
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals The Contracting Authority will incorporate a minimum ten day standstill period from the date of publication of this notice. The Public Contracts (Scotland) Regulations 2012 provide for remedies through the Scottish Courts.
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice: