Voluntary Ex Ante Transparency (VEAT) Notice for the provision, support and maintenance of a Cloud based Financial Management System

The Health Research Board gives notice to invoke Article 32.2 (b) for a derogation from tendering where the works, supplies or services can be provided only by a particular economic operator. The Health Research Board intend to award a contract to Unit4 Business Software (Ireland) Ltd for 3 years at a value of €203,760 + VAT for the provision, support and maintenance of software and hardware for a cloud based Financial Management System. This will involve migrating the HRB’s ‘on premise’ Financial Management System to Unit4 Business Software (Ireland) Ltd.'s Cloud environment. Unit4 Business Software (Ireland) Ltd. currently provides the HRB with a Financial Management System specifically customised to meet its requirements. Competition is absent for both technical reasons and for the protection of exclusive rights, including intellectual property rights. The functionality of the system includes but is not limited to the following modules: Planning, Accounts Payable, Purchase Ordering, Contract Management, Sales Invoicing, Reporting, Staff Expenses in line with Public Sector requirements.
Because Unit4 Business Software (Ireland) Ltd. is the only supplier capable of providing, supporting and maintaining these existing functionalities and any future functionalities, the HRB gives notice to lawfully invoke Article 32.2(b) of Directive 2014/24/EU (as detailed below) for a derogation from tendering for the provision, support and maintenance of software and hardware for a cloud based Financial Management System during the timeframe of the contract. The negotiated procedure without prior publication may be used for public works contracts, public supply contracts and public service contracts in any of the following cases: (b) where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons: (i) the aim of the procurement is the creation or acquisition of a unique work of art or artistic performance; (ii) competition is absent for technical reasons; (iii) the protection of exclusive rights, including intellectual property rights; The exceptions set out in points (ii) and (iii) shall only apply when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement.