Services - 109745-2020
05/03/2020    S46

United Kingdom-Abingdon: Business services: law, marketing, consulting, recruitment, printing and security

2020/S 046-109745

Voluntary ex ante transparency notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: South Oxfordshire District Council (and other Authorities referred to below)
Postal address: 135 Eastern Avenue, Milton
Town: Abingdon
NUTS code: UKJ14 Oxfordshire
Postal code: OX14 4SB
Country: United Kingdom
Contact person: Andrew Down
E-mail: procurement@southandvale.gov.uk
Telephone: +44 1235422300
Internet address(es):
Main address: http://www.southoxon.gov.uk
Address of the buyer profile: https://www.businessportal.southeastiep.gov.uk
I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

5 Councils Corporate Services Project

II.1.2)Main CPV code
79000000 Business services: law, marketing, consulting, recruitment, printing and security
II.1.3)Type of contract
Services
II.1.4)Short description:

South Oxfordshire District Council, Havant Borough Council, Vale of White Horse District Council, Mendip District Council and Hart District Council (‘the Councils’) entered into a contract (for an initial duration of approximately 9 years) with Capita for a range of corporate and transactional services (‘the Contract’). The opportunity was advertised under OJEU Notice 2015/S 057-100137 and entered into on 4 April 2016. Further details of the original contract are set out in that OJEU notice.

The Councils intend to enter into a contract variation agreement with Capita for the purposes of removing the requirement for human resources operational, payroll and finance services from the scope of the original contract.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 119 430 000.00 GBP
II.2)Description
II.2.2)Additional CPV code(s)
79900000 Miscellaneous business and business-related services
66171000 Financial consultancy services
66172000 Financial transaction processing and clearing-house services
79940000 Collection agency services
75242110 Bailiff services
75310000 Benefit services
75130000 Supporting services for the government
79211120 Sales and purchases recording services
79211110 Payroll management services
79631000 Personnel and payroll services
79200000 Accounting, auditing and fiscal services
79210000 Accounting and auditing services
79211000 Accounting services
79211200 Compilation of financial statements services
66600000 Treasury services
72222300 Information technology services
72267100 Maintenance of information technology software
72261000 Software support services
72253000 Helpdesk and support services
79632000 Personnel-training services
79633000 Staff development services
79414000 Human resources management consultancy services
79600000 Recruitment services
79418000 Procurement consultancy services
79520000 Reprographic services
79521000 Photocopying services
79553000 Desktop publishing services
79810000 Printing services
79820000 Services related to printing
79822500 Graphic design services
79500000 Office-support services
79342300 Customer services
79512000 Call centre
79710000 Security services
79993000 Building and facilities management services
79993100 Facilities management services
98341130 Janitorial services
98341140 Caretaker services
70330000 Property management services of real estate on a fee or contract basis
98351000 Car park management services
98351100 Car park services
98351110 Parking enforcement services
79212400 Fraud audit services
II.2.3)Place of performance
NUTS code: UKJ14 Oxfordshire
NUTS code: UKK23 Somerset
NUTS code: UKJ3 Hampshire and Isle of Wight
Main site or place of performance:

Oxfordshire (UKJ14), Somerset (UKK23) and Hampshire (UKJ3, UKJ33).

II.2.4)Description of the procurement:

This section provides detail of the reduction of the original contract.

The reduction in the I-Hub and Human Resources (Advisory) Services resulted in a reduction in contract value of approximately GBP 700 242 per year for the remainder of the contract term.

The reduction in the licensing services resulted in a reduction in contract value of approximately GBP 377 000 per year for the remainder of the contract term.

The reduction in the human resources operational and payroll services would result in a reduction of approximately GBP 1 012 086 per year for the remainder of the contract term.

The reduction in the finance Services would result in a reduction in contract value of approximately GBP 634 000 per year for the remainder of the contract term.

The reduction in the exchequer services would result in a reduction in contract value of approximately GBP 1 600 000 per year for the remainder of the contract term.

Continues in Annex D1.

II.2.5)Award criteria
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Continued from II.1.4) — the variation will also confer on the Councils a contractual option to further remove exchequer services from the contract, subject to operational and commercial considerations. The Councils are currently considering their options as to whether they will exercise this right (though, if the Councils elect to do so it is proposed to be effective from 31 March 2021).

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

The contract has been reduced as per the information set out in section II.2.4).

Taking into account the value and scale of the original contract the Councils consider that the proposed modification(s) to reduce the scope of the contract is not substantial for the purposes of Regulation 72(1)(e) of the PCR in the context of a GBP 140 262 000 contract spanning 9 years. (The 9-year term represents the contract duration of the contract, excluding any extension options). Furthermore, the economic balance of the contract is moving away from the contractor by the reduction of the service opportunity.

The Councils consider that modifying the contract in the manner proposed is for operational and commercial reasons to achieve a smooth transition and continuity. This will involve approximately 34 staff transferring to the Councils.

Capita entered into a sub-contract arrangement with Zellis UK Ltd (‘Zellis’) to deliver the payroll technology aspects of the contract. The contract requires Capita in appointing any sub-contractors to ensure that it is possible for them to assign, novate or otherwise transfer the rights and obligations under each sub-contract that relates exclusively to this contract to the Councils (clause 15.1(c)). This is to ensure that the Councils are able to have direct access the continuation of those services outside of a prime contractor arrangement.

The Councils consider the above to be an unequivocal review clause/option for the purposes of Regulation 72(1)(d) of the PCR which allows the Councils to novate the sub-contracting arrangement between Capita and Zellis so that it is held directly by the Councils and Zellis. The permitted variation will place a legally enforceable obligation on Zellis to provide payroll technology services to the Councils with a synchronized expiry with the contract.

The restructuring of the services seeks to ensure the ongoing delivery of public services on a value for money basis.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2015/S 057-100137

Section V: Award of contract/concession

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
27/02/2020
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Capita Business Services Ltd
Postal address: 30 Berners Street, Westminster
Town: London
NUTS code: UKI LONDON
Postal code: W1T 3LR
Country: United Kingdom
Telephone: +44 2077991525
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 119 430 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

The estimated value in II.1.7) and V.2.4) refers to the projected value of the diminished contract value in the event the Councils modify the contract in accordance with the variations set out in this notice.

Where the Councils do not remove the exchequer services but remove the other services from the contract (as set out in this VEAT Notice) the estimated value of the modified contract will be GBP 134 436 000.

The value of the contract with Capita as originally awarded on 4 April 2016 was GBP 140 262 000 as per OJEU ref: 2016/S 088-154829.

The contract has previously been varied by the Councils to remove I-Hub, human resources (advisory) services and licensing and its current estimated value is GBP 1 000 ,000 per annum.

Continued from II.2.14) — the possible further reduction of the exchequer service forms part of the subject of this notice and this notice therefore seeks to provide further justification and transparency for any future exercise of that option were it to arise.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Royal Courts of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

In accordance with Regulation 88 — 104 (Enforcement of duties through the Court) of the Public Contracts Regulations 2015 (as amended) (‘PCR’).

VI.5)Date of dispatch of this notice:
02/03/2020