This is not an award notice. This is a modification notice for the provision of an in-house digital forensics and e-discovery software solution.

Description du marché

In 2019 the Corporate Enforcement Authority awarded a five year contract for an eDiscovery / Forensics solution. The awarded value was €400000. The contract was awarded for a period of five years, commencing 19th December 2019. The contract term of 60 months relates to the term of the original contract. The Authority needs to modify the original contract to ensure continuity of service for a period of up to 24 months. Reasons for modifications: Need for additional works, services or supplies by the original contractor/concessionaire (Art. 72(1)(b) of Directive 2014/24/EU). The organisation is currently undergoing significant change and requires a full analysis of its ongoing requirements in the field of eDiscovery and Forensics to support its work, this includes full risk appraisal, agreement on budgets and timelines for any new procurement for the system. A change of supplier is not possible until the analysis is completed due to the ongoing necessity to have access to accurate and secure data for ongoing cases being managed by the Authority. On that basis the Authority has modified the original contract by less than 50% to a value of €169720. This modification covers a period of 12 months with the option to extend for an additional 12 months to cover the completion of the analysis and the initiation and award of a new procurement arrangement, which is anticipated to take at least 12 months. There may also be a requirement to have access to the existing system for a transition period in the event of a replacement service provider being appointed. Article 72 of the Public Sector Directives permits modifications to contracts and frameworks during their term. It is proposed to apply Article 72.1(b) whereby Contracts and Framework Agreements may be modified without a new procurement procedure in accordance with this Directive in any of the following cases: for additional works, services or supplies by the original contractor that have become necessary and that were not included in the initial procurement where a change of contractor (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority. However, any increase in price shall not exceed 50 % of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification

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