Exemption from Tender and Contract Variations - IT Licence, Subscription, Maintenance and Support Contracts

23/10/2023 - Exemption from Tender and Contract Variations - IT Licence, Subscription, Maintenance and Support Contracts

It is resolved that:

(A)       Council approve an exemption from tender for the provision of the maintenance, support, subscription and licencing of the software applications, platforms and hardware appliances upon the expiry of the current agreements, for the respective extension period along with the optional extension, if appropriate, as listed in Confidential Attachment A to the subject report, noting that because of extenuating circumstances, a satisfactory result would not be achieved by inviting tenders;

(B)       Council note the reasons why a satisfactory outcome would not be achieved by inviting tenders differ for each application, platform or appliance and include:

(i)         high costs and/or extensive business disruption associated with a transition to a new provider;

(ii)        upgrades or changes to service requirements are planned to be implemented within the next five years; and

(iii)       cost to take the arrangement to market would be disproportionate to the potential value of change;

(C)       Council note that the detailed reasons as to why a satisfactory result will not be achieved by inviting tenders are outlined further in Confidential Attachment A;

(D)       Council enter into the subscription, licencing, maintenance and support agreements with the suppliers upon the expiry of the current agreements for the respective extension period along with the optional extension, if appropriate, as listed in Confidential Attachment A to the subject report; and

(E)       authority be delegated to the Chief Executive Officer to finalise, execute and administer (including exercising options, if appropriate) the subscription, licencing, maintenance and support agreements with the relevant suppliers as listed in Confidential Attachment A to the subject report.

Carried unanimously.

S064539