DELEGATED POWERS REPORT NO. 1667 SUBJECT: Oracle Database Software Annual Software Update Licence and Support Service Control sheet All of the following actions MUST be completed at each stage of the process and the signed and dated report MUST be passed to the Governance Service for publishing All reports 1. Governance Service receive draft report 30-04-2012 2. Governance Service cleared draft report as being constitutionally appropriate 3. Finance clearance obtained (report author to complete) 08/05/2012 Name of Fin. Officer Debbie Edwards 30-04-2012 4. Staff and other resources issues clearance obtained (report author to complete) 5. Trade Union response received (Staffing issues only) Name of Comm. Officer Name of TU rep. N/A N/A 6. Legal clearance obtained from (report author to complete) 7. Policy & Partnerships clearance obtained (report author to complete) 8. Equalities & Diversity clearance obtained (report author to complete) 9. The above process has been checked and verified by Director, Head of Service or Deputy(report author to complete) 10. Signed & dated report, scanned or hard copy received by Business Governance Service for publishing 11. Report published by Business Governance Service to website Name of Legal officer Phillipa Dieobi 14/05/12 Name of P&P officer Andrew Nathan 01-05-2012 Name of officer Andrew Nathan 01-05-2012 Name Andrew Gee 17-05-2012 19-06-2012 21-06-2012 Officer reports: 12. Head of Service informed report is published and can be implemented. Name of BGO Andrew Charlwood 21-06-2012 Cabinet Member reports: 13. Expiry of call-in period N/A 14. Report circulated for call-in purposes to Business Management OSC members & copied to Cabinet & Head of Service Name of BGO
ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER (EXECUTIVE FUNCTION) Subject Officer taking decision Oracle Database Software Annual Software Update Licence and Support Service Director of Commercial Services of decision 23 May 2012 Summary Officer Contributors Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate) Contact for further information: The report provides authorisation to continue annual software support from Oracle as a single source supplier for the Oracle Database software. Raj Jani, Business Systems Analyst Public All None Not applicable Andrew Gee, Acting IS Service Delivery Manager Tel No 0208 359 3362 Serial No. 1667
1. RELEVANT PREVIOUS DECISIONS 1.1 None 2. CORPORATE PRIORITIES AND POLICY CONSIDERATIONS 2.1 The Corporate Plan 2012-13 states that we will continue to drive costs out of the Council through transforming our internal organisation and that we will focus on.making sure we get the best value from resources across the public sector, including our people and our assets. To meet the Council s corporate priority of Better services with less money there is a strategic goal to maximise improvements and savings in back office functions. 3. RISK MANAGEMENT ISSUES 3.1 The issues involved have been considered and are not likely to raise significant level of public concern or give rise to policy considerations. 3.2 Ongoing software support is an essential prerequisite of mitigating the risk of running the SWIFT, Acolaid and GIS systems which are designed to utilise the Oracle Database software, and ensuring uninterrupted service delivery. It is essential that software support, software upgrades, technical assistance and bug fixes are available on a timely and cost effective basis to the London Borough of Barnet (LBB) for these systems. 4. EQUALITIES AND DIVERSITY ISSUES 4.1 A copy of Oracle s equalities policy is held on file which states that - Oracle is an Equal Employment Opportunity Employer. We believe in treating each employee and applicant for employment fairly and with dignity. We base our employment decisions on merit, experience, and potential, without regard to race, colour, national origin, sex, marital status, sexual orientation, gender identity, age, religion, disability, veteran status, or any other characteristic prohibited by federal, state or local law. 4.2 Oracle will be advised of the council s duties under the 2010 Equality Act. 5. USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) 5.1 Procurement: Contract Procedure Rule 6 provides that: Where the Director/Head of Service is satisfied, following the making of suitable investigations, that there is only one supplier in the market for the required supplies/services/works, the competitive tendering provisions will not apply provided that: 6.11.1 the Director/Head of Service and Commercial Director approve the entry into the contract with the single provider; and
6.11.2 there is compliance with the Authorisation and Acceptance procedures. 5.2 The Council s Procurement team have provided guidance and have advised that reliance be placed on the single supplier provisions of the Contract Procedure Rules as Oracle Database annual Software Update Licence and Support is owned and offered exclusively by Oracle and cannot be purchased through other suppliers. 5.3 The maintenance contract between the Council and Oracle will be for a period of one year at a value of 32,610.73. 6. LEGAL ISSUES 6.1 The Public Contracts Regulations 2006 applies to public works, supplies and services (under Part A of Schedule 3) which are over a particular financial thresholds. The full European Procurement rule applies to such contracts but the contract in this case, although a Part A Service contract has a value which is below the threshold. 6.2 However, to offer equal opportunity in line with the general principles of nondiscrimination, equal treatment, transparency, proportionality and mutual recognition set by the TFEU (Treaty on the Functioning of the European Union) even where the value of the contract is below the threshold, contracting authorities are required to issue appropriate notification and advertisement before awarding the contract. 6.3 The Council should have due regard to the rules relating to aggregation under Regulation 8 of the Public Contracts Regulations 2006. Regn 8(19) provides that, contracting authority should not enter into separate contracts nor exercise a choice under a valuation method with the intention to avoid the application of these regulations to those contracts. 6.4 The contract extension will be on the terms and conditions of the original contract unless other terms and conditions of contract are approved by the Council s legal department. 7. CONSTITUTIONAL POWERS 7.1 Constitution, Part 3, Responsibilities for Functions, paragraph 6.1 states that Chief Officers can take decisions, without consultation with the Cabinet Member concerned, where it is in respect of operational matters within the Chief Officers sphere of managerial or professional responsibility and is not significant in terms of budget or policy; and to authorise and accept quotations for contracts to the limits placed on Chief Officers by Contract Procedure Rules for approved schemes with sufficient estimate provision.. 7.2 Constitution, Contract Procedure Rules, Section 5 authorise a Director to authorise accept contracts for works, supplies or services up to the value of
173,933 where the tender/quotation represents value for money and is the best available option for the Council. 7.3 Constitution, Contract Procedure Rules paragraph 6.11, Single source suppliers states that the competitive tendering provisions will not apply where the Director/Head of Service is satisfied, following the making of suitable investigations, that there is only one supplier in the market for the required supplies, provided that, (a) the Director/Head of Service and Commercial Director approve the entry into the contract with the single provider; and (b) there is compliance with the Authorisation and Acceptance procedures 8. BACKGROUND INFORMATION 8.1 Oracle Database is a Database Management System produced and marketed by Oracle Corporation. The Council has a number of Business applications including Swift, Acolaid and GIS which are utilising the Oracle Database system. In order to ensure that council is able to obtain software upgrades, security fixes, bug fixes and technical support it is necessary to have access to the annual Software Upgrade Licence and Support provided by Oracle Corporation. The business applications Swift and Acolaid which utilise Oracle Database software are required to produce statutory returns. 8.2 Without the annual Software Upgrade Licence and Support the Council risks compromising the security and availability of the Line of Business Applications dependant on the Oracle Database software. 8.3 In addition, Oracle is the only supplier that is able to supply the Council with Oracle Database Software Update Licence and Support as exclusively owned by Oracle, hence the request to authorise the continuation of use as a single source supplier. 8.4 The cost of this procurement will be 32,610.73 with payment due on 29 th May 2012. This covers a period from 30 th May 2012 to 29 th May 2013. 9. LIST OF BACKGROUND PAPERS 9.1 None 10. OFFICER S DECISION 10.1 I am satisfied, following the making of suitable investigations, that there is only one supplier in the market for the maintenance services; and 10.2 I Authorise and Accept the Council awarding the contract to Oracle for annual maintenance of the Oracle Database software until 29 th May 2013 Signed Craig Cooper Director of Commercial Services 23 May 2012