POL00028647 - Fax from Sarah Graham, PFD Special Project, to Alan Mawdsley, HMT, re Revised Counter-Offer to ICL for HMG, 17 May 1999

Evidence on official site

POL00028647

POL00028647
_

17. HAY. 1999 17:45 . DSS PFD SPECIAL PROJECT p NO.7802 Pt

eens

RESTRICTED -
~ COMMERCIAL & POLICY

FAX COVER SHEET

To:

FAX No:

Location:

No of pages (including this sheet): 4

From: Sarah Graham
Date: 17 May 1999

Phone:

PED, Special Project

Room 535 North West

The Adelphi

1-11 John Adam Street
.London ©

WC2N 6HT

Message: PLEASE SEE ATTACHED

17/05 '99 16:54 TX/RX NO.3498 P.001 - I I

POL00028647

POL00028647
ee I
1 LR MAR 1998. 17:45 DSS PFD SPECIAL PROJECT © NO 7802-2

@ Moo thinset encepentiol
RESTRICTED - COMMERCIAL & POLICY 4, ts be sper. — ght

ane»
To: Alan Mawdsley HMT From: Sarah Graham PFD Spec Proj ana

* Date: 17 May 1999

Copies: Steve Robson HMT
Peter Schofield HMT
Sarah Mullen HMT
David Sibbick DTI.
Paul Rich Post Office
‘Vince Gaskell BA Proj Dir
Ken Davenport BA/COBAP
Ron Powell DSS/Sol
Jeff Triggs Slaughter & May.
Hamish Sandison Bird & Bird

BA/POCL AUTOMATION PROJECT: REVISED COUNTER-OFFER TO IcL

1. I confirm that from a DSS perspective, we are broadly content with the terms of the
revised schedules, Our detailed comments are attached.

2. However, from a wider Government perspective, J think I should flag up a number
of concerns: ‘

© Schedule 2: revised proposals for ICL liability does leave the public sector
significantly exposed — as Steve Robson recognised; should the system crash half
way. through its roll-out (say after 8,000 offices had been rolled-out), ICL could still
qualify for nearly 50% of the sums due under the periodic payment arrangements,
with no obvious redress for POCL/the public sector;

© looking at the specific proposals on liability, we need to be clearer about the “fee
retention” arrangements, to ensure that we preserve some redress for POCL/public~
sector should the system fail to work in practice (as happened with NIRS 2) — see
more detailed comments attached; . .

© onvalue for money/PAC scrutiny, however good value this option can be made to
Jook in relation to termination, in practice we will be paying to ICL £817m for the
platform, EPOSS and OBCS — as compared with about £870m for a complete
system under the original contracts. This works out at about £20,000 per Post
Office terminal for a five year period and looks very expensive.’

ca Happy to discuss any of this further, if that would help. :
MRS SARAH V GRAHAM

PED Special Projects

AppiMay/Maraisley-17.05.99.doe

17/05 '99 16:54 TX/RX NO.3498 - P.002 HH

POL00028647

POL00028647
UT MAY, 1999 17:46 DSS PFD SPECIAL PROJECT NO. 7802 =P. 3

RESTRICTED - COMMERCIAL & POLICY

BA/POCL AUTOMATION PROJECT: REVISED OFFER TO PUT ICL
REVISED COUNTER-OFFER FOR HMG, 17 MAY 1999

A. Schedule 2 (Payment Schedule)

Agree to revised roll-out rate to be submitted by Paul Rich, to inform the number of
Post Offices to be rolled-out at each milestone stage, but:

© need to clarify the “fee retention” arrangements: what is meant by the “Core
System Completion Date”; and when is it? We would like to see some “fee
retention” arrangements until actual completion of roll-out - otherwise there is
insufficient protection for the public sector, if the system does not work as it is
rolled-out (a real risk, as we know well from NIRS 2).

B. Draft list of issues

« ‘Conditionality:. confirmed that we should not move away from public sector
position on conditionality: no way that we should accept unconditionality on a
contract of this size and where there are so many issues unresolved.

*. Milestones: accept changes; but share HMG’s concern to flag up the
additional risk that flows from limiting the milestones at which liquidated
damages could be imposed.

« BEScode; helpful to clarify at whose costs the BES cade will be stripped
out after NR2, if not POCL’s (ICL had originally claimed that it would cost in
the region £10m).

fi © Liguidated damages: content.

« Rights of Termination: retain ability to terminate if detailed contract not
I signed by agreed drop dead date,

e Transitional Arrangements: the DSS/BA assessment of the cost of
transitional arrangements, is £30 per Card which suggests a cap of £1m,
Helpful to clarify with ICL (a) this is what they intended to put in their proposal
(rather than £10m); or if not, whether what other costs they envisage under these
transitional arrangements.

App/May/Mawdsley-17.05.99.doc

17/05 '99 16:54 ° TX/RX NO.3498 P.003 i I

POL00028647

POL00028647
™ ;
: UT MAY, 1999 °17:46 DSS PFD. SPECIAL PROJECT NO. 7802 =P. 4
I
I e Other: just to confirm that, on the understanding that OBCS is included in the
I _ overall payments to be made to ICL, it is not an issue now for this schedule.
I But it remains an issue between POCL and ourselves ~ and also for KPMG
I costings, if in practice ICL have charged heavily for this service - which POCL
will then pass to DSS/BA: we have an obligation to pay for OBCS costs under
contract “B”, so we need to know what they will be!
svG
Dss
17 May 1999

17/05 '99 16:54

App/May/Mawdsley-17.05.99.doc

TX/RX NO.3498 P.004