Services - 277986-2020
15/06/2020    S114

United Kingdom-London: Probation services

2020/S 114-277986

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Ministry of Justice
Postal address: 102 Petty France
Town: London
NUTS code: UK UNITED KINGDOM
Postal code: SW1H 9AJ
Country: United Kingdom
E-mail: probationdynamicframework@justice.gov.uk
Telephone: +44 2033343555
Internet address(es):
Main address: https://www.gov.uk/government/organisations/ministry-of-justice
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://ministryofjusticecommercial.bravosolution.co.uk/web/login.html
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://ministryofjusticecommercial.bravosolution.co.uk/web/login.html
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Public order and safety

Section II: Object

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

Probation Services Dynamic Framework

II.1.2)Main CPV code
75231240 Probation services
II.1.3)Type of contract
Services
II.1.4)Short description:

The Ministry of Justice (the ‘Authority’) conducts this procurement under the ‘Light Touch Regime’. The Authority seeks to establish a probation services dynamic framework (‘DF’) to purchase services to deliver rehabilitation and resettlement interventions. The DF contains 14 ‘Service Categories’ based on service user needs, cohorts and restorative justice. Interventions will be delivered via call-off contracts let by the Authority and other public sector commissioners (‘Participating Bodies’) at different geographical levels in England and Wales. Suppliers can qualify onto the DF throughout its term. The number of suppliers that can be appointed to the DF is unlimited. Interventions should build skills; respond to individual needs; secure clear outcomes and fulfil the objectives of the Public Services (Social Value) Act 2012. Call-Off Contract lengths will be proportionate to the services being delivered.

II.1.5)Estimated total value
Value excluding VAT: 4 000 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
33693300 Addiction treatment
75110000 General public services
75130000 Supporting services for the government
75200000 Provision of services to the community
75230000 Justice services
75231200 Services related to the detention or rehabilitation of criminals
75231230 Prison services
75310000 Benefit services
79611000 Job search services
80000000 Education and training services
80400000 Adult and other education services
80500000 Training services
80521000 Training programme services
80530000 Vocational training services
85000000 Health and social work services
85300000 Social work and related services
85312300 Guidance and counselling services
85312400 Welfare services not delivered through residential institutions
85312500 Rehabilitation services
85312510 Vocational rehabilitation services
85321000 Administrative social services
85322000 Community action programme
98341100 Accommodation management services
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
II.2.4)Description of the procurement:

The DF will be established to allow the Authority and Participating Bodies to purchase services to deliver rehabilitative and resettlement Interventions. Bidders must pass the selection questionnaire (SQ) to sign the framework agreement and be appointed to the DF. Once appointed, they will be invited to call-off competitions where they are qualified in the relevant service categories and have indicated they would be able to deliver services in the relevant geographical locations.

Over the DF term, the Authority and Participating Bodies can commission or co-commission services which meet the specific and emerging needs within their locality and for service users not directly under probation supervision.

Interventions fall under fourteen (14) DF Service Categories:

(a) accommodation

(b) education, training and employment (‘ETE’)

(c) finance, benefits and debt (‘FBD’)

(d) dependency and recovery

(e) family and significant others

(f) lifestyle and associates

(g) emotional wellbeing

(h) social inclusion

(i) women (this is a ‘cohort’ service category)

(j) young adults (18-25 years old) (this is a ‘cohort’ service category)

(k) black, asian, minority ethnic (this is a ‘cohort’ service category)

(l) restorative justice

(m) cognitive and behavioural change

(n) service user involvement.

It is anticipated that the Authority will procure services to be operational from day one (1) (currently expected to be in June 2021), known as day 1 services. The first call-off contracts will be placed by the Authority via day 1 call-off competitions detailed below. These will focus on interventions to provide support for service users subject to court orders and custodial sentences from pre-release through post-release licence and post sentence supervision to reduce re-offending.

Day 1 call-off competitions are anticipated to be:

(a) call-off competitions with a single service category (run across one or more Geographical Locations); or

(b) call-off competitions which combines two or more service categories (run across one or more Geographical Locations) (Multi Service Category Call-Off Competition).

The day 1 services call-off competitions are anticipated to be for some or all of the following service categories; the Authority currently intends to combine Service Categories (e),(f),(g),(h) into a multi service category call-off competition

• accommodation

• ETE

• FBD

• dependency and recovery.

• lifestyle and associates

• emotional wellbeing

• family and significant others

• social inclusion

• young adults (Wales only) (covering service categories (e), (f), (g) and (h) above)

• women’s services (covering service categories (a) – (h) above).

The DF will operate as an open panel to which eligible suppliers can qualify, providing they meet the qualification criteria, during its term. There is no upper limit on the number of providers who can qualify. Suppliers must qualify for individual service categories.

There will be the option for call-off contracts to be awarded on a national, regional or local level. Suppliers select all the geographical location(s) where they wish to be invited to call-offs for from a predefined list. Suppliers can amend their preferences throughout the term of the DF. The authority reserves the right to promote grant opportunities through the DF to be awarded under separate procedures and not subject to the PCR.

The DF will be available to other Participating Bodies. These include:

• HM Prison and probation service

• national probation service

• HM Prison and probation service Wales

• HM Prisons in England and Wales

• Central Government departments (e.g DWP), their agencies and NDPBs

• Welsh Government

• Police and Crime Commissioners

• Mayor’s Office for Policing and Crime (MOPAC)

• Greater Manchester Combined Authority (GMCA) and other combined authorities in England and Wales

• Health Authorities in England and Wales (including NHS, Public Health England, HMPPS Substance misuse team)

• All Local Authorities in England and Wales.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 4 000 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 120
This contract is subject to renewal: yes
Description of renewals:

The DF term is 7 years and may be extended up to three times for additional periods of 12 months each time (in accordance with the terms of the DF and at the authority’s discretion).

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

The DF term is 7 years and may be extended up to three times for additional periods of 12 months each time (in accordance with the terms of the DF and at the authority’s discretion).

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:

This procurement will be used by several authorities. The authority therefore cannot exclude the possibility that some call-off contracts may be EU funded and this will be indicated at call-off.

II.2.14)Additional information

See documents ITP A and B for important information and rules on bidding models and supply chain. Consortium bidders must go on to form a special purpose vehicle (SPV) in order to be appointed to the framework agreement for the delivery of services. The Authority reserves the right to apply indexation to the economic and financial standing thresholds applied at SQ stage over the term of the DF.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

N/A

III.1.2)Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3)Technical and professional ability
Selection criteria as stated in the procurement documents
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

Contract performance conditions as stated in the procurement documents.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
In the case of framework agreements, provide justification for any duration exceeding 4 years:

This is a framework under the Light Touch Regime.

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: 2019/S 096-232054
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 10/06/2027
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 12 (from the date stated for receipt of tender)

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:

The majority of the services within scope of the DF are listed within Schedule 3 of the Public Contracts Regulations 2015 (PCR) and so, pursuant to Regulation 74 of the PCR are subject to the ‘Light Touch Regime’ or 'LTR' under which the Authority is not obliged to comply with the full requirements of the PCR. The DF is described as a framework agreement, but has features of a dynamic purchasing system; it is not subject to either Regulation 33 or 34 of the PCR, and Regulation 28 does not apply to this procurement. This is irrespective of the use of this standard form notice (the Authority is unable to use the LTR notice for technical compatibility reasons). The Authority will comply with its equal treatment, transparency, non-discrimination and proportionality obligations throughout the procurement.

The Authority is using an electronic sourcing portal (‘eSourcing System’), for the procurement. The Invitation to Participate (ITP), which contains the SQ, is available only in electronic format via the eSourcing System Bidders must register the names of all contacts requiring access to the sourcing event and should submit queries via the eSourcing System. The Authority will not contact bidders through any other route.

Qualification for the DF will be an ongoing process throughout the DF term. Suppliers who are unsuccessful in qualifying onto a DF Service Category are permitted three attempts to qualify per service category; if unsuccessful on a third attempt, suppliers will not be permitted to attempt to requalify until a 6 month period has passed from their third submission. This cycle will be repeated as detailed in ITP Part A. All bidders who pass the SQ stage will secure a place on the DF and sign the framework agreement with the Authority. Occasionally, the Authority or a Participating Body may require certain selection criteria (e.g. ISO accreditation or financial tests) which were not tested at SQ stage. Participating Bodies will act proportionately in such instances, and allow sufficient time in their Call-Off Competition for suppliers to be able to compete on a fair basis.

The Crown Commercial Service (CCS) requires tender documentation issued by government departments for contracts exceeding GBP 10 000 over the life of contract are published online at https://www.gov.uk/contracts-finder for the general public. Call-off contracts awarded as a result of this procurement will be published on this website on a quarterly basis, subject to the statutory grounds for redaction as set out in the FOI Act 2000.

In accordance with the Public Services (Social Value) Act 2012, the Authority must consider:

(a) how what is proposed to be procured might improve the economic, social and environmental well-being of the area where it exercises its functions; and

(b) how in conducting the process of procurement it might act with a view to securing that improvement.

Accordingly, the subject matter of the DF and call-off contracts have been scoped to take this into account. These priorities will be reflected in the award evaluation criteria for call-off contracts, to the extent that the Authority and Participating Bodies consider it relevant and proportionate to the subject matter of the Call-off contracts.

The Authority is not committed to any course of action as a result of this notice. It is not liable for any costs incurred including in respect of expressing an interest or in tendering for this opportunity. The Authority reserves the right to abandon or terminate the procurement (or any part of it) at its own discretion. The Authority reserves the right to directly award a call-off contract under PCR Regulation 32 where there is a call-off competition failure.

Important note: This contract notice must be read in full. Suppliers are reminded that participation in this procurement (including any subsequent call-off competitions) will be subject to the terms and conditions set out in the procurement documents and the eSourcing System.

VI.4)Procedures for review
VI.4.1)Review body
Official name: High Court
Postal address: The Royal Courts of Justice, Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
VI.5)Date of dispatch of this notice:
11/06/2020