Services - 157408-2014

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10/05/2014    S90

United Kingdom-London: Justice services

2014/S 090-157408

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Official name: Ministry of Justice
Postal address: 102 Petty France
Town: London
Postal code: SW1H 9AJ
Country: United Kingdom
For the attention of: Claire Pardoe, Nick Knight
E-mail: yjb_stc_project@yjb.gsi.gov.uk

Internet address(es):

General address of the contracting authority: http://www.justice.gov.uk

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Public order and safety
Social protection
Education
Other: Services related to the detention, education and rehabilitation of offenders
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Contract for the Delivery of Youth Detention Accommodation operating under Secure Training Centre (STC) Rules.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 27: Other services
Main site or location of works, place of delivery or of performance: Lot 1 - Hassockfield STC - County Durham - DH8 6QY.
Lot 2 - Rainsbrook STC - Rugby - CV23 8SY.
Lot 3 - Medway STC - Kent - ME1 3YB.

NUTS code UK UNITED KINGDOM

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
This retendering project is for the continued provision of Youth Detention Accommodation operating under Secure Training Centre Rules 1998 ("STC Rules") and forms part of the Ministry of Justice's Transforming Youth Custody (TYC) Programme. Its is aligned to the strategic aims of the wider Transforming Youth Custody Programme to improve education outcomes of young people, contribute to reducing reoffending and reducing the costs of custody.
STCs are purpose built facilities that offer secure provision to vulnerable young people, male and female, aged 12-17 who are remanded to secure accommodation, sentenced by the courts to custody or serving civil orders. Rainsbrook STC includes a bespoke unit for mothers and babies. The STCs are currently run by private operators under PFI contracts which set out detailed operational requirements.
The re-commissioning will include the operation and management of Youth Detention Accommodation within the legislative framework provided by the STC Rules. Services will also include delivery of education, addressing offending behaviours and working with partners and young people to improve the chances of successful resettlement.
II.1.6)Common procurement vocabulary (CPV)

75230000 Justice services, 50700000 Repair and maintenance services of building installations, 75230000 Justice services, 75231200 Services related to the detention or rehabilitation of criminals, 75231210 Imprisonment services, 75231230 Prison services, 75240000 Public security, law and order services, 75241000 Public security services, 79710000 Security services, 80000000 Education and training services, 85300000 Social work and related services, 85310000 Social work services, 85311000 Social work services with accommodation, 85311300 Welfare services for children and young people, 98341000 Accommodation services

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: yes
Tenders may be submitted for one or more lots
II.1.9)Information about variants
Variants will be accepted: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
The Secure Training Centre (STC) Retendering Project will support the delivery of the YJB's core strategic objectives to:
-Promote the safety and welfare of young people in the criminal justice system
-Prevent offending and reduce re-offending; and
— Protect the public and support victims.
The Authority is looking to achieve these objectives through enhanced operating models that drive quality and efficiency through integration and innovation. Further policy context is provided within the following documents;

— Green Paper & Government's Consultation Response: Transforming Youth Custody: Putting education at the heart of detention (https://consult.justice.gov.uk/digital-communications/transforming-youth-custody), and

— Strategy for the Secure Estate for Children and young people in England and Wales - Plans for 2011/12 - 2014/15 (https://consult.justice.go.uk/digital-communications/secure_estate_youth).

The regimes in STCs are constructive and education focused providing tailored programmes to meet individual young people's needs. All services related to the operation of an STC are currently provided on site, including all education and training, primary healthcare, dentistry and services to address the young person's offending behaviour. STCs facilitate the young person's release back in to the community by fostering links with community agencies.
The re-commissioning of these operations will include custodial provision, delivery of education, addressing offending behaviours and working with partners and young people to improve the chances of successful resettlement.
In addition to the operation of the service, there will be a requirement for the provider to manage and maintain the physical establishment. The core operational services specification will therefore be supported by a specification for the facilities management requirement. A specification to address all ICT requirements for the establishment and service will also be included.
Healthcare services within the STCs will be commissioned by NHS England, through NHS 'Area Teams' local to each STC. The YJB, NHS England and its Area Teams will work closely together, ensuring a partnership approach to this commissioning exercise.
The contract duration is envisaged to be for five years, with the possibility of an additional two year extension option. It is possible that the Authority may wish to terminate contracts early to align to the successful implementation of the Secure College rollout. It is currently intended that this would be through exercise of the usual termination for convenience regime (to be included in all contracts).
Any decommissioning decisions arising from implementation of the Secure College pathfinder project have yet to be determined, as is the date on which the Authority may wish to exercise this particular right.
The maximum estimated contract value (over the maximum seven year contract period (see below)) of each STC is presented below:
— Hassockfield: £55m
— Rainsbrook: £92m
— Medway: £89m
Each STC will be presented to the market as a single Lot and Potential Bidders will be allowed to bid for up to three Lots with an award restriction to ensure that no one provider will, save in exceptional circumstances, be able to be awarded contracts for more than two Lots. Further detail, including the rationale for this restriction and an explanation as to the relevant exceptional circumstances will be included in the Invitation to Participate in Dialogue (ITPD) documentation.
The draft Service Specification is included as an appendix to the PQQ: Information & Background document. This document is a draft and may be subject to change. To access this, please register your interest in accordance with the instructions provided at VI.3.
Estimated value excluding VAT: 236 000 000 GBP
II.2.2)Information about options
Options: yes
Description of these options: The contract duration is envisaged to be for five years, with the possibility of up to two years of additional extension option(s) at the discretion of the Authority.
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Duration in months: 84 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: Hassockfield STC
1)Short description
Hassockfield STC is located in County Durham. It opened in 1999 and can accommodate 58 children and young people. It can accommodate both boys and girls. The current total capacity is 58 beds.
2)Common procurement vocabulary (CPV)

75230000 Justice services, 85311000 Social work services with accommodation, 85300000 Social work and related services, 75231210 Imprisonment services, 79710000 Security services, 98341000 Accommodation services, 75231230 Prison services, 80000000 Education and training services, 85310000 Social work services, 75240000 Public security, law and order services, 75231200 Services related to the detention or rehabilitation of criminals, 75241000 Public security services, 50700000 Repair and maintenance services of building installations, 85311300 Welfare services for children and young people

3)Quantity or scope
The maximum estimated contract value is presented below.
Estimated value excluding VAT: 55 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 84 (from the award of the contract)
5)Additional information about lots
Lot No: 2 Lot title: Rainsbrook STC
1)Short description
Rainsbrook STC is near the town of Rugby. It opened in 1999 and can accommodate 87 young people. It is designed to accommodate both girls and boys.
It has a dedicated unit for mothers and babies, allowing up to three mothers and up to four babies to be kept together whilst the mothers are being accommodated securely. The current total capacity is 87 beds.
2)Common procurement vocabulary (CPV)

75230000 Justice services, 85311300 Welfare services for children and young people, 85310000 Social work services, 75231200 Services related to the detention or rehabilitation of criminals, 75240000 Public security, law and order services, 75231230 Prison services, 80000000 Education and training services, 75231210 Imprisonment services, 85311000 Social work services with accommodation, 98341000 Accommodation services, 50700000 Repair and maintenance services of building installations, 75241000 Public security services, 79710000 Security services, 85300000 Social work and related services

3)Quantity or scope
The maximum estimated contract value is presented below.
Estimated value excluding VAT: 92 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 84 (from the award of the contract)
5)Additional information about lots
Lot No: 3 Lot title: Medway STC
1)Short description
Medway STC is located in Chatham in Kent. It opened in 1998 and can accommodate a total of 76 young people, both boys and girls. The current total capacity is 76 beds.
2)Common procurement vocabulary (CPV)

75230000 Justice services, 85311300 Welfare services for children and young people, 79710000 Security services, 75231200 Services related to the detention or rehabilitation of criminals, 75231210 Imprisonment services, 80000000 Education and training services, 75241000 Public security services, 50700000 Repair and maintenance services of building installations, 98341000 Accommodation services, 85300000 Social work and related services, 85310000 Social work services, 85311000 Social work services with accommodation, 75231230 Prison services, 75240000 Public security, law and order services

3)Quantity or scope
The maximum estimated contract value is presented below.
Estimated value excluding VAT: 89 000 000 GBP
4)Indication about different date for duration of contract or starting/completion
Duration in months: 84 (from the award of the contract)
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
No deposits are required but company guarantees, including parent company or performance bonds may be required.
Further details will be set out in the ITPD documentation.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Conditions and other requirements may be made. Details of financing conditions and payment arrangements will be outlined in the ITPD documentation.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Requests to participate may be submitted by a single candidate or a group (consortium). Where a candidate is a group or consortium, each member of the group (consortium) may be required to contract on the basis of joint and/or several liability, or a single member may be required to contract on a prime contractor basis or the members of the group may be required to form or incorporate a special purpose vehicle (SPV) at the Authority's discretion.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: RIGHT OF FORENSIC AUDIT
Successful Bidders will provide unfettered access to all matters in respect of the contract where the Authority can show a significant level of discrepancy relating to the billing for services.
A forensic audit will likely consist of, but not be limited to, the capture, to evidentiary standards, of email data (including archived mail) of key personnel, relevant shared network data and, where appropriate, other
sources of information such as individuals' computers and document management systems; notes from internal meetings, financial records pertaining to billing and interviews with current and former members of
the successful Bidder's staff.
Successful Bidders shall be required to sign a hold harmless letter releasing the Authority and its nominated auditor from all liability in relation to the subsequent findings of the Forensic Audit. Furthermore the successful Bidder shall agree that neither the Authority nor its nominated auditor shall have liability (including liability for negligence) for any consequences of disclosing the findings, or giving explanations concerning the findings, to the successful Bidder, including where the disclosure leads to a claim being brought against them or results in the successful Bidder or anyone else misusing confidential information.
LEGISLATION & REGULATION
The principal pieces of legislation and regulation applicable to the delivery of STC Operational Services will be listed in the ITPD documentation, along with other particular conditions that must be
complied with.
CORPORATE SOCIAL RESPONSIBILITY
Successful Bidders may be required to actively participate in the achievement of social and/or environmental objectives including those relating to sustainability and diversity. Accordingly contract performance conditions may relate in particular to such social and/or environmental considerations.
GOVERNMENT SECURITY CLASSIFICATIONS
From 2nd April 2014 the Government is introducing its new Government Security Classifications (GSC) classification scheme to replace the current Government Protective Marking Scheme (GPMS). A key aspect of this is the reduction in the number of security classifications used.
All Potential Bidders should make themselves aware of the changes as it may impact on this Requirement. The link below to the Gov.uk website provides information on the new GSC:

https://www.gov.uk/government/publications/government-security-classifications.

The Pre-Qualification Questionnaire (PQQ) and ITPD will further set out the particular conditions that must be complied with.
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: A Request for Information (RFI) in the form of a PQQ must be completed by parties wishing to participate in the competition (VI.3 below sets out how to access the RFI and related documentation on the Authority's eSourcing portal).
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Information and evidence requested in the PQQ will be used to assess and, where required, reject Bidders in relation to their Economic & Financial Capability.
To accommodate the diversity of the potential market, the MoJ intends that evaluation will be sufficiently flexible to reflect the variety of types of evidence which may be appropriate to this evaluation.
Refer to the PQQ for further detail.
Minimum level(s) of standards possibly required: Refer to the PQQ for further detail.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Information and evidence requested in the PQQ will be used to assess and, where required, reject Potential Bidders in relation to their Technical Capability.
To accommodate the diversity of the Potential Bidder group, the MoJ
intends that evaluation will be sufficiently flexible to reflect the variety of types of evidence which may be appropriate to this evaluation.
Refer to the PQQ for further detail.
Minimum level(s) of standards possibly required:
Refer to the PQQ for further detail.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
competitive dialogue
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 2: and maximum number 5
Objective criteria for choosing the limited number of candidates: The above minimum and maximum number of Operators who the Authority intends to invite to Tender or to participate in dialogue will be between two and five respectively for each Lot.
Potential providers will be selected to participate in dialogue according to the responses given to the PQQ.
The Authority will short-list Potential Bidders for dialogue based on the highest ranked Potential Bidders assessed against the Authority's pre-qualification criteria, as specified in the PQQ.
In order to maximise the competition within each of the Lots, the Authority reserves the right to offer all Potential Bidders who have pre-qualified an opportunity to be short-listed for other Lots for which there are less than five pre-qualified Potential Bidders. In such a case, subject to the detailed rules which will be notified in the PQQ and ITPD, the Authority will select additional pre-qualified Potential Bidders from those expressing an interest in the relevant Lot, up to the maximum of five and as determined by their pre-qualification rankings.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
3675-3-YJB-MC-RFI
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
9.6.2014 - 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.
Other: N/a.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
MARKETPLACE
The Authority believes that the success of youth custody in the long-term will require a competitive, diverse and open market with a number of credible providers. The Authority welcomes PQQ responses from new and existing providers (including private sector organisations, Voluntary & Community Sector Enterprises (VCSEs), Mutuals, etc.) to use their knowledge and experience to meet its objectives.
REGISTRATION
The MoJ will be performing its procurement events through its eSourcing portal. The eSourcing portal is an online application that allows all Potential Bidders (Potential Primes Providers) to create and submit their responses to any Requests for Information, Requests for Quotes, or Requests for Proposals via the internet rather than in paper form (where they have been invited to respond).

The Authority's Request for Information (RFI) can be obtained from the eSourcing Portal. To register an interest in this procurement event as a Potential Bidder, please send an email to: YJB_STC_Project@yjb.gsi.gov.uk stating:

— Company Name
— Contact Email
— Sourcing Reference Number: 3675-3-YJB-MC-RFI
The buyer will then contact you with the necessary details.
NB. The MoJ reserves the right to provide additional or new information only to Potential Bidders (Potential Prime Providers) who are registered.
There is a separate registration process for parties wishing to act as Potential Supply Chain Partners. Once registered, Potential Supply Chain Partners' details will be included on a Supply Chain Log, which will be circulated to all Potential Bidders (Potential Prime Providers) expressing an interest in participating in this competition.

To register an interest in this procurement event as a Potential Supply Chain Partner, please send an email to: YJB_STC_Project@yjb.gsi.gov.uk stating:

— Company Name
— Contact Email
— Sourcing Reference Number: 3675-3-YJB-MC-RFI
The buyer will then contact you with the necessary details.
DATA ROOM
Information relevant to the scope of the competition will be made available to Bidders to assist them in developing their bids through the eSourcing event created for the ITPD stage.
YOUTH JUSTICE BOARD (YJB):
The YJB was created by the Crime and Disorder Act 1998 and oversees and supports performance in the youth justice system in line with the principal statutory aim of preventing offending and re-offending by children and young people.
Potential Bidders should note that the services are being commissioned by the YJB; however the contracting authority throughout the duration of the services will be the MoJ.
MINISTRY OF JUSTICE (MOJ):
The MoJ Procurement Directorate will be supporting the YJB with the process. The MoJ came into being on 9 May 2007.
Section II.1.9:
The Authority reserves the right to request variant bids at any stage during the competition. Further details will be provided in the ITPD.
Section IV.1.2:
The maximum number of Bidders specified relates to the maximum number to be invited to participate in dialogue for each Lot. The Authority reserves the right to invite less than five Bidders to dialogue for any Lot.
All values specified in this notice are given by way of an estimate only. The final value of each individual Lot and the final total value of all Lots may vary from that specified.
TRANSPARENCY

HM Government requires that tender documentation issued by government departments for contracts with a value exceeding £10,000 over the life of the contract are published online (http://www.contractsfinder.businesslink.gov.uk) for the general public. The resulting contract shall also be published.

The MoJ may use its discretion to redact information to protect key commercial interests or on prescribed grounds. Therefore, bidders who wish information not to be published if successful should secure agreement with the MoJ prior to submission. Only documentation relating to awarded contracts will be published.

Key commercial interests would be trade secrets and commercial interests which would be prejudiced by publication, following the tests in section 43 of the Freedom of Information Act 2000. http://www.justice.gov.uk/guidance/docs/foi-exemption-s43.pdf

The prescribed grounds for redaction are:
(a) national security;
(b) personal data;
(c) information protected by intellectual property law;
(d) information which it is not in the public interest to disclose (following the tests under the Freedom of
Information Act 2000)
(e) third party confidential information;
(f) IT security; or
(g) prevention of fraud.
This Contract Notice is a voluntary notice and relates to contracts falling under Part B of Schedule 3 of the Public Contracts Regulations 2006 (the “Regulations”). Accordingly, in conducting this procurement, the Authority is only required to comply with those aspects of the Regulations which are applicable to Part B services and it shall not be obliged to comply with any other aspects of the Regulations.
The choice of the Competitive Dialogue procedure (as set out in section IV.1.1 above) should therefore not be regarded as an indication that the Authority will follow the detailed rules and timescales for a Competitive Dialogue procedure under Regulation 17 of the Regulations (which does not apply to Part B services).
The Authority therefore intends to tailor the procurement process to meet its specific requirements, further details of which will be outlined in the PQQ and ITPD.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: Ministry of Justice
Postal address: 102 Petty France
Town: London
Postal code: SW1H 9AJ
Country: United Kingdom
Internet address: http://www.justice.gov.uk/about/yjb

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Part 9 of the Public Contracts Regulations 2006 (as amended) provides for economic operators who have been harmed by breach of the Regulations to take legal action. Any such action must be brought within the applicable limitation period.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
6.5.2014