REQUEST FOR MAYORAL DECISION MD405. Title: Disaster Recovery Services

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1 REQUEST FOR MAYORAL DECISION MD405 Title: Disaster Recovery Services Executive Summary: In May 2006, the GLA entered into an agreement with a recovery partner to offer immediate replacement IT equipment and systems in the event of loss of service or inaccessibility to City Hall. The current contract expires in August Decision: 1. Award of a contract to award a two year contract to SunGard for recovery services for immediate replacement IT equipment and systems in the event of loss of service or inaccessibility to City Hall; and 2. Approve a related exemption from the requirement of the GLA Contracts Code of Practice to seek advertised tenders in this regard. Mayor of London The above request has my approval. Signature Date 1

2 PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE MAYOR Decision required supporting report 1. Introduction and background 1.1 During the Tooley Street flood in April 2008, the GLA Technology Group invoked its disaster recovery and business continuity plan. The plan was broadly implemented in accordance with agreed timescales and priorities. However, it became apparent in the course of the incident that the GLA business expectations for the availability of IT services exceed the service levels agreed in the corporate business continuity plan. The primary aim is to appoint a partner to provide recovery services prior to the expiry of our current contract and secondary to utilise a TfL recovery contract in line with shared services agenda of doing more together. 1.2 For the longer term, there are advanced plans for the GLA to make use of new TfL data centres that are currently being developed. These new TfL data centres will provide backup and business continuity services that the GLA will be able to make use of in a shared service model. However, it will take around 24 months before the GLA will be able to make use of these new facilities for live services. 1.3 The objectives of the interim solution are to have in place: A Recovery Site with a built in IT infrastructure and accommodation for 30 staff; Access to a Mobile Office, which can accommodate five members of staff and a partial IT infrastructure; Access to a Mobile Server room that can be plugged into City Hall or at remote site; Equipment Off-Load for any part of the GLA IT infrastructure required at City Hall or a recovery site; and Remote Connection from City Hall to a recovery site. Scalable response. In order to anticipate the growth of staffing requirements at the Greater London Authority and to provide a flexible and responsive plan. The initial requirement would be for up to 30 places in a disaster recover centre with an option to invoke an additional 170 places if required 1.4 The recovery service is not a commoditised product. There are many issues relating to the technical requires configuration and business requirements that can impact the operation, service levels and costs of such a service. Hence published price lists for this type of service do not exist. It is difficult to make an estimate of the service options that will be offered by suppliers and the associated costing. A full technical specification for the requirement has been developed. 1.5 An OGC Catlist mini-competition procurement exercises was undertaken earlier this year (MD attached), bids were sought from all 14 suppliers on the framework. Following evaluation Sungard were identified as the bidder submitting the most economically advantageous tender. 1.6 However, following a parallel investigation through the Doing More Together work stream it was evident that TfL had also recently let a contract to Sungard following an OJEU tender conducted on the basis that the successful contractor may also be required to provide disaster recovery services to the GLA on the same terms. 1.7 The TfL contract provides better value than the OCG framework tender though: Cost savings in the overall value of the contract and in the administration-overhead; 2

3 Sharing services and economies of scale for both GLA & TfL; and Is in line with the GLA s long-term plans to make use of TfL resources. 1.8 Therefore, approval is sought to award a contract to Sunguard on the same terms as the TfL contract and of an exemption from the requirement to undertake an advertised tender. The exemption is sought on the basis that the legal team have advised the contract may be used lawfully without further competition (see legal implications). 2. Issues for consideration a) Links to strategies and Corporate Plan The GLA Corporate Plan includes specific objectives for the Technology Group that is focused on providing an acceptable and stable IT service in order to support the daily work of the organisation, particularly during a period of major incident at City Hall. The Technology Group has specific targets in relation to the provision of business continuity services when disaster recovery is invoked. Broadly speaking, the Technology Group has successfully met these targets. However, it became apparent in the course of the last disaster recovery incident that the expectations of the business for the recovery of IT services exceed the current provisions in the corporate disaster recovery plan. For this reason, the Technology Group is proactively seeking to address these before they become visible to normal business users. b) Impact assessments and Consultation c) Risk Consultation was not considered necessary. The primary apparent risk is that the current recovery service expires in August 2009; By procure now with the intention of appointing before the beginning of August 2009 means the GLA has sufficient time for handover of responsibility. The project management of this procurement and transition in to operations will be rigorous in its approach to identifying and monitoring risks. The Technology Group will control risks in the following way: The project will follow a recognised project management methodology in line with corporate guidance. Technology Group created an initial risk assessment at project initiation. All project risks will be monitored throughout the life of the project and escalated, as necessary, to a Project Board (Technology Group). The risk register will be reviewed at each project board meeting (Technology Group). Progress is reported on to Director and Senior Management Team level. Technology Group will undertake risk Management in line with the GLA Risk Management Toolkit 3

4 3. Financial Comments 3.1 The cost of the contract over the two years totals 101,882 equating to 50, per annum. The cost of the contract will be met by Technology Group under Corporate ICT Systems, Other External Services. Expenditure relating to 2010/11 will be subject the annual budget process for 2010/ All appropriate budget adjustments will be made. 3.3 Any changes to the scope and further cost of the contract will be subject to further approval via the Authority s Decision Making process. 3.4 Technology Group within the Resource Directorate will be responsible for managing this contract. 4. Legal Comments 4.1 Sections 1 to 4 of this report indicate that: The decisions requested of the Mayor fall within his statutory power, acting on behalf of the Authority, to do anything which is facilitative of or conducive or incidental to the promotion of social development, economic development and wealth creation and the improvement of the environment in Greater London; and In formulating the proposals in respect of which a decision is sought officers have complied with the Authority s related statutory duties to: (a) (b) (c) Pay due regard to the principle that there should be equality of opportunity for all people; Consider how the proposals will promote the improvement of health of persons and to contribute towards the achievement of sustainable development in the United Kingdom; and Consider consulting with appropriate bodies. 4.2 Contracts with values exceeding 49,999 should be let following an advertised tender exercise unless an exemption from this requirement can be justified on certain specified grounds. One such ground is that advice from solicitors or counsel is supportive of the exemption on legal grounds. TfL tendered (through the Official Journal of the European Union) for the services in question in accordance with the Public Contracts Regulations 2006 ( Regulations ). Both the tender and contract documentation expressly provided the successful bidder and contractor would be required to provide the Authority with the relevant services on the same terms. Therefore, TfL acts a central purchasing body for the purposes of the Regulations and the Authority s proposed award of contract on the same terms is lawful without the need for a competitive tender. 4.3 Therefore, the Mayor may provide the approvals sought. 4.4 Officers should ensure that all appropriate contract documentation is prepared and executed by the Authority and SunGard before the commencement of the provision of the services. 4

5 5. Background/supporting papers 5.1 Mayoral decision form (MD0265), approving the OGC Catlist mini-competition procurement. MD The undertaking of a competitive procurement exercise to identify the most economically advantageous solutions for the provision of a Business Continuity Service providing recovery in the event of a major incident at City Hall; and the Executive Director Resources award of any contract to the bidder submitting the most economically advantageous bid. 5

6 Public access to information Information in this form is subject to the Freedom of Information Act 2000 (FOI Act) and other legislation. Part 1 of this form will be made available on the Greater London Authority website within 1 working day of approval. Any facts and advice that should not be made automatically available on request should not be included in Part 1 but instead on the separate Part 2 form. Deferment is only applicable where release before that date would compromise the implementation of the decision being approved. Is the publication of this approval to be deferred? YES/NO If yes, for what reason: Until what date: Is there a part 2 form - YES/NO OFFICER APPROVAL: Tick to indicate approval Sponsoring Director: Martin Clarke has reviewed the request and is satisfied it is correct and consistent with the Mayor s plans and priorities. Mayoral Advisor: Sir Simon Milton has been consulted about the proposal and agrees the recommendations. Head of Law: Stephen Fernandes-Owen has commented on this proposal on behalf of the Head of Law. Executive Director, Resources I have been consulted about the proposal and confirm that Financial and Legal advice have been taken into account in the preparation of this report. Signature Date Chief of Staff I am satisfied that this is an appropriate request to be submitted to the Mayor Signature Date 6