Non-confidential facts and advice to the Deputy Mayor for Policing and Crime (DMPC)
1. Introduction and background
1.1. MPS has operated a Secure External Gateway (“SEG”) service under a series of contracts since 2003 and is the main security gateway for traffic in and out of the MPS network.
1.2. As part of a more recent deployment a separate “Mobility SEG” (mSEG) has been stood up initially to support the latest MPS operational policing transformation initiatives including Mobility and Body Worn Video.
1.3. This requirement is extend existing services for up to a maximum of 6 months whilst a replacement service for both SEG and mSEG services (the “MetSEG Service”) is procured that shall facilitate the transition of current SEG & mSEG Service onto a single, consolidated and optimised MetSEG environment.
2. Issues for consideration
2.1. Both the existing SEG and the mSEG contracts co-terminate 30th June 2019.
2.2. The contract extension will ensure continued provision of mission critical services that are critical to the security of the MPS and the secure transit of data and information sharing with all operational policing personnel and partners (including PNC & PND) until the new replacement MetSEG solution is available
3. Financial Comments
3.1. The requested extension facilitates the extension of existing services and transition to a new provider within a 6 month timeframe. The requested extension is to increase the contract value with Vodafone Ltd by £2.1m from £8.7m to £10.9m. The requested extension is to increase the contract value with Dimension Data by £1.05m from £4.23m to £5.28m. There is no impact on revenue which is fully funded from the MOPAC approved Digital Policing budget.
3.2. There are no capital implications in this proposal.
4. Legal Comments
4.1. The Mayor’s Office for Policing and Crime (MOPAC) is a contracting authority as defined in the Public Contracts Regulations 2015 (the Regulations). This is an extension of two existing contracts to enable the service to be transferred to a compliantly procured arrangement. Both extensions are likely to fall within regulation 72 of the Regulations. The grounds for the extension of the contracts are in line with regulation 72(1)(b) of the Public Contracts Regulations 2015 which allow for existing contracts to be modified to include additional services by the original contractor, where a change of supplier-
a) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, services or installations procured under the initial procurement, and
b) would cause significant inconvenience or substantial duplication of costs for the contracting authority
4.2. Extensions under regulation 72(1)(b) are restricted to 50% of the value of the original contract. As these extensions are both less than 50% of the value of the original contract these are both compliant with the regulations.
4.3. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve all unforeseen variations and extensions to contracts with an original value of £500,000 or above, when the variation or extension is greater than 10% of the original value and/or is for a period of more than 12 months.
5. GDPR and Data Privacy
5.1. The MPS is subject to the requirements and conditions placed on it as a 'State' body to comply with the European Convention of Human Rights and the Data Protection Act (DPA) 2018. Both legislative requirements place an obligation on the MPS to process personal data fairly and lawfully in order to safeguard the rights and freedoms of individuals.
5.2. Under Article 35 of the General Data Protection Regulation (GDPR) and Sections 57 and 64of the DPA 2018, Data Protection Impact Assessments (DPIA) become mandatory for organisations with technologies and processes that are likely to result in a high risk to the rights of the data subjects.
5.3. The Information Assurance and Information Rights units within MPS will be consulted at all stages to ensure the project meets its compliance requirements.
5.4. A DPIA has been completed for this project. The project will ensure a privacy by design approach, which will allow the MPS to find and fix problems at the early stages of any project, ensuring compliance with GDPR or the Law Enforcement Directive (LED). DPIAs support the accountability principle, as they will ensure the MPS complies with the requirements of GDPR or the LED and they demonstrate that appropriate measures have been taken to ensure compliance.
6. Equality Comments
6.1. As this is an extension of an existing service this work does not change any aspects relating to equality or diversity.
7. Background/supporting papers