Services - 134898-2019

22/03/2019    S58    Services - Voluntary ex ante transparency notice - Negotiated procedure without a call for competition 

United Kingdom-Hertford: Education and training services

2019/S 058-134898

Voluntary ex ante transparency notice


Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Hertfordshire County Council
Postal address: Pegs Lane
Town: Hertford
NUTS code: UKH23 Hertfordshire
Postal code: SG13 8DE
Country: United Kingdom
Contact person: Richard Severn

Internet address(es):

Main address:

Address of the buyer profile:

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

The Provision of HR Learning and Development Services for Hertfordshire County Council

Reference number: HCC1810583
II.1.2)Main CPV code
80000000 Education and training services
II.1.3)Type of contract
II.1.4)Short description:

The award of a contract for HR Learning and Development Services for Hertfordshire County Council. To include the provision of core skills and a strategic and organizational leadership programme.

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: 4 225 000.00 GBP
II.2.2)Additional CPV code(s)
80400000 Adult and other education services
80420000 E-learning services
80570000 Personal development training services
II.2.3)Place of performance
NUTS code: UKH23 Hertfordshire
II.2.4)Description of the procurement:

The services to be provided were divided into 2, which were separate lots under the original procurement (please see IV1.1) for further information), namely:

The provision of Core Skills — (develop me, developing management skills, developing a leadership approach) and an online resource library to support this provision.

The provision of a strategic and organisational leadership programme.

The requirement of the first set of services is to provide a core portfolio of development programmes, using a variety of learning methodology, and a flexible offering of bespoke and tailor-made solutions to meet the needs of the Council’s services and provide an online resource library to support this service. The requirement of the second set of services is to develop and facilitate a strategic and organisational leadership programme. The contract will be awarded for a core period of 3 years, with the option to extend the contract for a further 3 years at the Council's sole discretion.

In addition to the services required to be provided to the Council, the following other bodies may make a request to the Council to receive the services, and this is seen as an area of potential growth in the future. Should this be the case the Council may order additional services on behalf of other bodies. Such services shall be provided by the contractor in accordance with the provisions of the specification. The other bodies listed in this Notice are provided for information only and for the avoidance of doubt may or may not order services at the start, or any time during the contract period, but reserve the right to do so, subject to their current contractual commitments relating to this Service. Hertfordshire County Council will be the lead authority and will manage the Contract on behalf of any other body accessing this contract. The following entities are “Other Bodies” for the purposes of this contract:

— Three Rivers District Council,

— Watford District Council,

— Hertsmere District Council,

— Broxbourne Borough Council,

— Welwyn Hatfield District Council,

— East Hertfordshire District Council,

— Stevenage District Council,

— North Hertfordshire District Council,

— St Albans District Council,

— Dacorum District Council,

— Hertfordshire Catering Limited,

— Herts for Living Limited,

— Herts at Home Limited,

— Herts Full Stop Limited,

— Hertfordshire Local Enterprise Partnership,

— any other future trading arm, wholly owned company, mutual, joint venture, trust and shared service of Hertfordshire County Council.

II.2.5)Award criteria
II.2.11)Information about options
Options: yes
Description of options:

Option to extend the contract for up to three (3) further years, year on year.

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


Section IV: Procedure

IV.1.1)Type of procedure
Negotiated procedure without prior publication
  • No tenders or no suitable tenders/requests to participate in response to open procedure

The Council published a contract notice in the OJEU on 22/08/18 (ref: 2018/S 163-372599) under the open procedure. This related to a two-lot procurement with the same contract terms applying to each lot. The lots were as follows: Lots 1 — the provision of core skills and on online resource library to support this provision and Lot 2 — strategic and organisational leadership development. The Council received a bid for Lot 1 only and another bid for both lots. The bid for both lots was non-compliant and was subsequently withdrawn and the bid for Lot 1 only failed and was unsuitable. Therefore no contract was awarded under the open procedure. After receiving no suitable tenders for either lot the Council has chosen to award a contract in respect of both lots under the negotiated procedure without prior publication under the Public Contract Regulations 2015 Regulation 32(2)(a). The conditions of the contract awarded are not substantially altered from the conditions originally published in the open procedure.

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: 2018/S 163-372599

Section V: Award of contract/concession

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
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: KPMG LLP
Town: London
Postal code: E14 5GL
Country: United Kingdom
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: 4 225 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

In relation to the entitlement to award this contract under Public Contract Regulations 2015 Regulation 32(2)(a), the bid received in respect of lot 1 only was unsuitable. This was because it failed the Council’s IT mandatory requirements as specified in bid form 8, including requirements in relation to all network traffic across the internet being encrypted and for full backups (or equivalent) of all system data being taken weekly (and being retained for two weeks and being kept off site in a secure location).

The Council concluded that the bid was manifestly incapable of meeting the Council’s specified requirements without substantial changes.

The bid submitted in respect of both lots was withdrawn because it was a qualified tender and therefore non-compliant.

In the circumstances no suitable tenders were received.

VI.4)Procedures for review
VI.4.1)Review body
Official name: The High Court
Postal address: Royal Court of Justice, The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The Contracting Authority will incorporate a minimum 10 calendar days (when using electronic means) standstill period at the point information on the award of the Contract is communicated to tenderers. This period allows unsuccessful tenderers to challenge the decision to award a Contract before a contract is executed/signed (as appropriate). The Public Contracts Regulations 2015 (“Regulations”) provide for aggrieved parties who have been harmed or at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought promptly and within the time limits as defined in the above regulations.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: High Court, Royal Courts of Justice, The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
VI.5)Date of dispatch of this notice: