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NCC Members Question: Sidestepping the OJEU tender process

NCC Members can ask relevant questions of the wider NCC membership, moderated by NCC. We collate the responses, where appropriate anonymise them, then publish the results on the website for the benefit of the wider Membership. Can you help with this question from a local government organisation?

“We are using and have been using a major software package for 30 years and are very happy with it. We pay £125,000 a year in maintenance/upgrades. But we have discovered that we don’t have a contract for this and need to be compliant and sign a contract with the vendor company. The contract we want to sign takes us over the set spending limit and we would need to go to an OJEU tender process. This is impractical as we use the software, we don’t want to rip it out and start again, we don’t have the money to buy a new system in any case, and we don’t want to waste the time and money going through a pointless procurement exercise. Has anybody else been in the same position, where they needed to sign a contract with an incumbent supplier, but not an official existing supplier as they don’t have a contract? As a local government organisation we need to be compliant and need to do the right thing.”

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