Security software development services

Tender description

Jisc proposes to enter into a joint venture (“JV”) arrangement with Painless Security to enable launch of a new Managed Identity Provider service (“the IdP Service”). Jisc proposes to enter into a joint venture (“JV”) arrangement with Painless Security to enable launch of a new Managed Identity Provider service (“the IdP Service”). Jisc considers that this arrangement qualifies for the use of the negotiated procedure without prior publication of a call for competition in accordance with Article 32(2)(b)(iii) of the Public Contracts Regulations 2015. Painless Security is the only contractor who is able to enter into the JV with Jisc on the basis that they hold the interests required to deliver the IdP Service. These interests take the form of IPR which is held exclusively by Painless Security. Upon entering into the JV Painless Security will transfer to the JV the IPR in relation to the IdP Service. Jisc then proposes to contract directly with the JV to will allow Jisc to sell the IdP Service to its customers, under a Reseller Agreement. Reliance on the IPR to deliver the IdP Service restricts the ability of Jisc to deliver the service without this, or via another third party software developer. Jisc is clear that the arrangement falls within the exclusive rights derogation contained within Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015, permitting Jisc to enter into the direct award of the Reseller Agreement with the JV.