LONDON BOROUGH OF WALTHAM FOREST

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1 LONDON BOROUGH OF WALTHAM FOREST Meeting / Date Cabinet 13 th November 2012 Agenda Item 10 Report Title Cabinet Portfolio Report Author/ Contact details Wards affected Public Access Appendices OneSAP ERP - Logica Contract Extension Corporate Resources, Business and Employment Paul Golland, Interim Chief Information Officer, HR & OD Telephone: All OPEN None 1. SUMMARY 1.1 The project to initiate the renewal of the Council s ERP solution was approved by Cabinet in April A project update report was received by Cabinet in January 2012 detailing the progress of the joint procurement exercise with Haringey. This report seeks Cabinet approval for the extension of the existing SAP ERP contract with LOGICA for the reasons given in this report. 2. RECOMMENDATIONS 2.1 Cabinet is recommended to: Approve the extension of the Council s existing SAP ERP managed services contract with LOGICA UK Limited for a period of up to 12 months from the 1 st April REASONS 3.1 The current SAP managed services contract run by LOGICA expires on 31 st March The Final Tender Stage evaluation and award of contract for a new managed service is scheduled to be completed by mid-march All three bidders, included within the second phase of the competitive dialogue, anticipate a period (i.e. between 3 to 12 months) where SAP will continue to be delivered by LOGICA. During this period, the bidders will prepare to host the current SAP solution and/ or develop the implementation of the new solution. 3.3 LOGICA are prepared to extend the agreement, on a monthly basis at a cost of 97,220 per month for a maximum of 12 months with 3 months notice. These costs are at the same level as those charged for the current year 2012/13 and include License costs.

2 3.4 Because of the value of the contract this extension will be a Key Decision. 4. BACKGROUND 4.1 This joint procurement approach was originally proposed by Capital Ambition under Project Athena where it was identified that 7 London boroughs operated SAP solutions. These systems are collectively known as Enterprise Resource Planning systems (ERP systems). 4.2 A joint procurement approach between the Council and LB Haringey commenced with an OJEU notification and Pre-Qualification Questionnaire (PQQ) identifying the requirement for a SAP Managed Service which was issued and evaluated by the end of The joint procurement team are currently engaged in the second stage of the Competitive Dialogue process. Invitation to Submit Final Tenders is currently due by 21 st December With submission of Final Tenders by 18 th January 2013 and the evaluation and award of contract to be completed by mid-march PROPOSALS 5.1 The current 10 year contract with LOGICA ends on 31st March Current indications from all 3 bidders involved in the competitive dialogue process are that the transition and implementation to the new managed service or a new host solution will take between 3 to 12 months. 5.3 Therefore a 12 months extension to the Council s existing SAP ERP managed service with LOGICA is required. 5.4 This report is seeking approval to extend the existing contractual arrangement with LOGICA for 12 months. This will also allow for any potential slippage in the procurement process. 6. OPTIONS 6.1 Due to delays with this joint procurement with Haringey and the need to maintain the current SAP solution for a period of time, alternative options are not available if the Council is to maintain continuity of its main Financial, Procurement and HR systems. 6.2 The OneSAP ERP - Project Update report presented to Cabinet in January 2012 highlighted the option to extend the existing Logica contract at the time. 6.3 The final financial evaluations will take place following the submission of the Final Tenders in January SUSTAINABLE COMMUNITY STRATEGY PRIORITIES (AND OTHER NATIONAL OR LOCAL POLICIES OR STRATEGIES) 7.1 The goals of this programme contribute to the overarching Council aim of Making Every Penny Count in Tough Times.

3 8. CONSULTATION 8.1 Finance, Legal and Procurement have been consulted on this contract extension to ensure that it is financially and legally acceptable, and complies with the Council procedures. 9. IMPLICATIONS 9.1 Finance, Value for Money and Risk The total cost of this project is currently anticipated at 6m. However, this includes a provision of 1.1m to purchase additional SAP Licenses in perpetuity but the cost model for Licenses is under consideration, therefore the provision may not be required m capital funding was allocated as part of the 2012/13 process and additional 1.5m is bid for as part of the 2013/14. The balance of 1.4m will be funded from the Systems Development reserve and Finance Departmental Initiatives reserves. 9.2 Revenue savings of 800k are anticipated within the MTFS from 2013/14 and current indications from the bidders suggest that this is achievable but is dependent upon which option is chosen (e.g. shared platform or stand-alone), the level of license costs and the provider. 9.3 The total net contract savings are also anticipated from all bidders but are dependent upon the option chosen and the level of required License costs. Payback for total contract costs currently average approximately 6 years. 9.4 In addition, the project governance and joint procurement approach will ensure Value for Money is achieved. 9.5 Legal The Council has power under s111 of the Local Government Act 1972 to do anything necessary or incidental that is conducive to carrying out its functions and the Logica contract and any subsequent variation would fall under that power A contract can be varied by the agreement of the parties to it either by a mechanism within the contract or a separate document varying the changes. The contract then continues as varied. This extension will be such a variation The Council s Contract Procedure Rules in Part 8 of the Council s Constitution set out in Rule 16 the rules applicable to variations. In this case, these are consultation with the Assistant Director Procurement and Commissioning, approval of the Director of Finance and ensuring it is recorded and signed by all parties As the Value for the Contract is over 1m as varied under the above rules this is a Key Decision for Cabinet The contract is subject to the Public Contracts Regulations The contract was originally tendered and awarded for a fixed term of 10 years with no allowance for an extension. Accordingly, the extension of the contract for a further period of up to 12 months was not included

4 within the original procurement and the value is such that it is, in its own right, subject to tendering under the Regulations. However, the European Court of Justice has ruled that a contract may be varied provided that it is not materially different in character from the original contract such as to demonstrate an intention of the parties to renegotiate the essential terms of the contract. The court also said that a material change would include extending the scope of a contract considerably to encompass services not initially covered. It is considered by the Head of Legal and Democratic Services that an extension of the contract by up to 12 months in respect of a contract for 10 years to provide the same services should not be regarded as a material change Nevertheless, it must be noted that there is the risk that this could be challenged by any party who feels they have been denied an opportunity to bid for the work. However, this risk is considered very small as it is mitigated by the fact that the procurement process to replace the contract is currently being undertaken and that any claim could only be damages for the loss of opportunity which would not be significant Equalities and Diversity This is an update report and the Equalities Impact Assessment submitted in the original Cabinet report in April 2011 remains relevant An initial assessment of the equalities impact of this decision was undertaken and determined there was minimal impact on the Council s equalities duties. It is envisaged that the equality impact will be largely positive with technologies that are easier to use and more accessible and supportive of flexible working The Contract will require the Contractor to comply with the Equality Act The evaluation phase will be used to ensure equalities considerations are incorporated into the new solution design. These requirements will be monitored through the life of the contract. 9.7 Sustainability (including climate change, health, crime and disorder) The proposal has the potential to impact positively on sustainability outcomes through the introduction of more efficient use of the hardware technologies both through the sharing of the hardware with other councils and the use of virtualised hardware that will reduce the requirement for server capacity The use of an electronic finance system substantially reduces the use of paper, with attendant cost reductions for the Council. 9.8 Council Infrastructure Through the improvements in processes and the ability of end-users to access their own relevant data there will be a changing role for both the front line staff and the supporting back office staff. These changes

5 will allow the back office staff to perform a more value add contribution in line with their profession The option to start sharing back office processes with Haringey will have a profound change on the makeup and location of specific groups of individuals, this will require to be fully evaluated when considering such moves which could result in TUPE implications. These implications are currently being explored in the second round of Competitive Dialogue. BACKGROUND INFORMATION (as defined by Local Government (Access to Information) Act 1985) None. Approval by the Portfolio Holder I have cleared this report for inclusion on the Cabinet agenda. Signed: Date: 2 nd November 2012 Cabinet Member for Economic Development & Corporate Resources

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