Services - 97920-2016

23/03/2016    S58    - - Services - Prior information notice without call for competition - Not applicable 

United Kingdom-London: Prison services

2016/S 058-097920

Prior information notice


Directive 2004/18/EC

Section I: Contracting authority

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

Ministry of Justice
102 Petty France
For the attention of: Rachana Acharya
SW1H 9AJ London
United Kingdom
Telephone: +44 2035458767

Internet address(es):

General address of the contracting authority:

Address of the buyer profile:

Further information can be obtained from: 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
General public services
Public order and safety
Social protection
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II.B: Object of the contract (Supplies or services)

II.1)Title attributed to the contract by the contracting authority:
Contract for the Provision of Employment Positions for Prisoners within Workshops at HMP Berwyn.
II.2)Type of contract and place of delivery or of performance
Service category No 27: Other services
HMP Berwyn, Bridge Road, Wrexham Industrial Estate, Wrexham, LL13 9QA.

NUTS code UK

II.3)Information on framework agreement
The notice involves the establishment of a framework agreement: no
II.4)Short description of nature and quantity or value of supplies or services:
This notice launches the competition for the provision of employment positions for prisoners within workshops at HMP Berwyn, North Wales. These services are categorised as ‘social and other specific services’ in accordance with Directive 2014/24/EU of the European Parliament and of the Council Article and schedule 3 of the Public Contracts Regulation 2015(the Regulations), Section 7 of the Regulations applies. The services will fall under the Light Regime of the Directive.
Bidders who initially respond to this notice and successfully meet the Authority's minimum pre-qualification criteria, will be shortlisted (maximum of 4 Bidders) for the next stage of the competition (the Invitation to Participate in Dialogue (ITPD)) to provide employment positions within workshops inside HMP Berwyn.
The contract will be with the Ministry of Justice operating through the National Offender Management Service (NOMS).
The services required will be for the management, sourcing and delivery of 520 employment positions as part of the providers own economic operations for prisoners across four workshops (including 2 mezzanine areas) inside HMP Berwyn in North Wales. HMP Berwyn will be the largest prison in the UK when fully constructed, and is due to open in February 2017. The first workshop within the prison is currently scheduled to open in August 2017.
The successful provider will provide commercially operated workshops similar to working conditions outside of the custodial environment in which prisoners will obtain employability skills. An understanding of the challenges and complexities of managing a large cohort of prisoners with a diverse range of skills will also be required. The successful provider will be expected to interface with the custodial operator and Learning and Skills provider to facilitate an integrated service for prisoners. The successful provider will also be expected to facilitate formal learning and qualifications related to the type of work being undertaken, although the delivery of formal learning and qualifications will be the responsibility of the Learning and Skills provider.
The contract is for an initial 5-year term with options to extend for 2 further years and a further exceptional extension option for up to 1 year which can be exercised irrespective of whether the other extension option has been exercised.
The anticipated cost is an estimate of the potential value of the contract and in no way indicates an intention of the Authority to guarantee any level of expenditure. The estimated cost range is real in 2016 and does not account for inflation, it includes any possible future changes to the requirement for services and any possible extensions to the contract length. All values should be considered as indicative only.
Prisoners are employed pursuant to prison rules and for the purposes of rehabilitation, and the employment of prisoners is subject to the Prisons Act 1952. Prisoners do not work pursuant to a contract of employment or a contract for services so the employment of prisoners under this tender would be outside the scope of the Employment Rights Act 1996, and prisoners are not workers within the meaning of Article 39 of the Treaty establishing the European Community. Prisoners are outside of the scope of the National Minimum Wage Act 1998.
Variant bids will not be accepted.
Further details of the services will be set out in the procurement documents.
Estimated cost excluding VAT:
Range: between 0 and 20 000 000 GBP


This contract is divided into lots: no
II.5)Common procurement vocabulary (CPV)

75231230, 75231200

II.6)Scheduled date for start of award procedures
II.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.8)Additional information:
The Contracting Authority intends to use an eTendering system in this procurement exercise.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)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 Invitation to Participate in Dialogue.
III.2)Conditions for participation
III.2.1)Information about reserved contracts

Section VI: Complementary information

VI.1)Information about European Union funds
VI.2)Additional information:
1. Type of procedure:
This contract notice is for social and specific services in accordance with Directive 2014/24/EU of the European Parliament and of the Council and schedule 3 of the Public Contracts Regulation 2015. In conducting this procurement, the Authority intends to apply an award procedure similar to the competitive dialogue procedure in Directive 2014/24/EU of the European Parliament and of the Council, Article 30, further details of which will be set out in the procurement documents. The choice of the competitive dialogue procedure should not be regarded as an indication that the Authority will follow the rules and timescales for the competitive dialogue procedure in Directive 2014/24/EU of the European Parliament and of the Council Article 30.
The Authority reserves the right to hold negotiations with the Bidder that submits the tender presenting the best price-quality ratio.
2. Contract length:
The contract is for an initial 5 year term with options to extend for two further years and a further exceptional extension option for up to 1 year which can be exercised irrespective of whether the other extension option has been exercised.
3. Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Where a consortium or other group of operators submits a bid, such a consortium or group must nominate a lead organisation to contract with the Authority. All consortium members will be required to enter into appropriate sub-contracts and any such arrangements will require full transparency to the Authority.
4. Objective criteria for choosing the number of candidates:
A maximum of 4 Bidders will be invited to participate in the dialogue stage of the procurement process. Details of the objective criteria to be applied to choose the shortlisted Bidders will be set out in the procurement documents. Where the top 4 ranked Bidders cannot be identified due to two or more Bidders being ranked in 4th place, the Authority will take through all equally ranked Bidders at this rank.
5. Award criteria:
The award criteria will be based on the most economically advantageous tender
6. Registration:
The Authority will be performing events through its e-Sourcing Portal known as Bravo. The e-Sourcing Portal is an online application that allows all potential suppliers to create and submit their responses to any Pre-Qualification Questionnaire and Tender responses via the internet rather than in paper form (where they have been invited to respond).
Bidders Instructions: How to Express Interest in this tender
Register your company on the e-Sourcing Portal (this is only required once).
1) Browse the e-Sourcing Portal: and click on the link to register.

2) Accept the terms and conditions and click ‘continue’ (Bidders will be required to accept a separate user agreement specific to the Ministry of Justice as part of the pre-qualification questionnaire).
3) Enter your correct business and user details.
4).Note the username you chose, and then click ‘Save’ when complete.
5) You will shortly receive an email with your unique password (please keep this secure).
Express an interest in the tender.
1). Login to the Portal with the username/password.
2) Click the ‘PQQs / ITTs Open To All Suppliers’ link (these are pre-qualification questionnaires or invitations to tender open to any registered supplier).
3) Click on the relevant PQQ/ ITT to access the content using the following: PQQ Code — 39
Project Code — prj_158
4). Click the ‘Express Interest’ button at the top of the page. This will move the PQQ /ITT into your ‘My PQQs/ My ITTs’ page (this is a secure area reserved for your projects only).
5) You can now access any attachments by clicking ‘Buyer Attachments’ in the ‘PQQ/ ITT Details’ box.
Instructions on how to submit a tender will be provided in the procurement documents.
7. Time limits for receipt of expressions of interest:
The PQQ will close at 12:00 on the 25.4.2016.
8. Bidder conference:
It is intended that the Authority will hold a Bidder Conference in order to encourage bidder awareness and explain the procurement process and requirement. It is intended that this event will be held on 6.4.2016 in North Wales, exact location to be confirmed. Further information about the event will be issued to bidders via the e-sourcing portal in due course.
9. Confidentiality agreement:
Save to the extent made publicly available by the Authority, the information in the PQQ Documents and any other procurement documents is made available on condition that it is treated as confidential by the Bidder. Bidders must sign and return a Confidentiality Agreement via the eSourcing Portal as soon as possible upon accessing the PQQ Documents. Following receipt by the Authority of the appropriately signed Confidentiality Agreement, Bidders will be given access to the draft ITPD to be made available at PQQ stage.
10. 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 https://www.contractfinder.businesslink, for the general public. The resulting contract shall also be published. The Authority 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 Authority 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. downloads/information-access-rights/foi/foi-s43-exemptions.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.
11. Government security classification.

From 2.4.2014 the Government introduced its 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 website provides information on the new GSC:

VI.3)Information on general regulatory framework
VI.4)Date of dispatch of this notice: