ETENDERS

Voluntary Ex Ante Transparency Notice

Information

Published

Date of dispatch of this notice: 16/11/2022

External Reference: 2022-232447

TED Reference: 2022/S 225-646476

Voluntary Ex Ante Transparency Notice

Voluntary ex ante transparency notice

Services

Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)

Name and addresses

Irish Water
IE3191327JH
Tender Administration, PO Box 900, Webworks, Eglinton Street, Ervia
Cork
Co.Cork
IE
Contact person: Tender Admin
Telephone: +353 214239000
E-mail: tenders@water.ie
NUTS code:  IE -  IRELAND
Internet address(es):
Main address: https://www.water.ie
Address of the buyer profile: https://www.water.ie

I.4)

Type of the contracting authority

Other type:  Public Utility
I.5)

Main activity

Other activity:  Water Utilities

Section II: Object

II.1)

Scope of the procurement

II.1.1)

Title

22/049 - Oracle Master Agreement
Reference number:  22/049
II.1.2)

Main CPV code

72000000  -  IT services: consulting, software development, Internet and support
II.1.3)

Type of contract

Services
II.1.4)

Short description

22/049 - Oracle Master Agreement
II.1.6)

Information about lots

This contract is divided into lots: no
II.1.7)

Total value of the procurement

Value excluding VAT:  20000000.00  EUR
II.2)

Description

II.2.2)

Additional CPV code(s)

48213000  -  Operating system enhancement software package
48217000  -  Transaction-processing software package
48310000  -  Document creation software package
48330000  -  Scheduling and productivity software package
48482000  -  Business intelligence software package
48490000  -  Procurement software package
72000000  -  IT services: consulting, software development, Internet and support
72260000  -  Software-related services
72261000  -  Software support services
72262000  -  Software development services
72263000  -  Software implementation services
72266000  -  Software consultancy services
72267000  -  Software maintenance and repair services
72267100  -  Maintenance of information technology software
72267200  -  Repair of information technology software
72268000  -  Software supply services
II.2.3)

Place of performance

NUTS code:  IE -  IRELAND
Main site or place of performance:  
Ireland
II.2.4)

Description of the procurement

The Contracting Entity, Irish Water require Oracle Software and associated licences in respect of a range of Oracle Technologies and Applications (listed in this notice) that are used for the provision of core infrastructure applications and to underpin IT applications currently hosted by the Contracting Entity.
Irish Water is seeking to award a contract for a five year period commencing 1/1/2023 to Oracle for the continued access to the aforementioned Oracle Technologies and Application Stack
II.2.5)

Award criteria

Quality criterion  -  Name:  Quality  /  Weighting:  70
Price  -  Weighting:  30
II.2.11)

Information about options

Options: no
II.2.13)

Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.1)

Description

IV.1.1)

Type of procedure

Negotiated procedure without prior publication
  • The works, supplies or services can be provided only by a particular economic operator for the following reason
    • protection of exclusive rights, including intellectual property rights
Explanation
Irish Water has been using Oracle Applications and Technology since 2014 to provide critical processes used to deliver business operations.
Irish Water has built its business applications and processes around Oracle products and it would not be technically feasible to migrate to an alternative software provider. Irish Waters IT applications and business processes are built upon Oracle technologies and the complexity of the Contracting Entity’s environment and its dependency on a large number of Oracle technologies and products means a support contract of this nature, aligned to the software producer can only be agreed with the software provider directly.
The decision to award this contract to Oracle is on grounds that Oracle products are proprietary and therefore this support service can only be provided by Oracle who retains the Intellectual Property Rights (IPR) to their products source code. No other option exists due to the proprietary IPR for source code.
The existing services provided by Oracle need to be continued in order to ensure the continuity of service required by Irish Water in order to fulfill its statutory functions in the management of critical water infrastructure.
Only Oracle can provide this level of support on their products and it is impractical to change the underlying product as the Contracting Entity’s infrastructure is substantially built on that platform. It is not expected that any of the contract is intended to be subcontracted to third parties.
IV.1.8)

Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement : no
IV.2)

Administrative information

Section V: Award of contract/concession

Title: 22/049 - Oracle Master Agreement

V.2)

Award of contract/concession

V.2.1)

Date of conclusion of the contract/concession award decision

09/11/2022
V.2.2)

Information about tenders

The contract has been awarded to a group of economic operators :  no
V.2.3)

Name and address of the contractor/concessionaire

Irish Water
PO Box 900, Webworks, Eglinton Street, Cork
Cork
IE
Telephone: +353 214239499
E-mail: tenders@water.ie
NUTS code:  IE -  IRELAND
Internet address: https://www.water.ie

The contractor/concessionaire will be an SME : no
V.2.4)

Information on value of the contract/lot/concession (excluding VAT)

Total value of the contract/lot/concession:  20000000.00  EUR

Section VI: Complementary information

VI.4)

Procedures for review

VI.4.1)

Review body

The High Court
High Court Central Office, Four Courts, Inns Quay,
Dublin
IE
Telephone: +35 318886000
E-mail: highcourtcentraloffice@courts.ie
Internet address: http://www.courts.ie

VI.4.3)

Review procedure

Precise information on deadline(s) for review procedures: 
Please refer to Statutory Instrument 131 of 2010, European Communities (Award of Contracts by Utility Undertaking) (Review Procedures) Regulations 2010 (and in particular Regulation 7 and 10(2)).