Section one: Contracting authority
one.1) Name and addresses
Department for Transport
London
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
https://www.gov.uk/government/organisations/department-for-transport
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://dft.app.jaggaer.com/go/99330567018D847D2370
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://dft.app.jaggaer.com/go/99330567018D847D2370
Tenders or requests to participate must be submitted to the above-mentioned address
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Concessionary Travel Applications Decision Maker
Reference number
TLOT10166
two.1.2) Main CPV code
- 79000000 - Business services: law, marketing, consulting, recruitment, printing and security
two.1.3) Type of contract
Services
two.1.4) Short description
The Department for Transport are looking to procure a decision maker contract. As part of the English National Concessionary Travel Scheme legislation, operators can appeal to the Secretary of State for modification to the reimbursement rates set by local authorities for journeys made under the mandatory England-wide travel concession. The Secretary of State delegates this decision making to a decision maker acting on their behalf.
two.1.5) Estimated total value
Value excluding VAT: £247,500
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
The appeals casework is demand-led depending on the number of appeals submitted each year by bus operators. The contract awarded for this work will cover appeals from 2024/25 to 2026/27, as well as a small number of remaining appeals from previous years. DfT have recently updated the reimbursement guidance and calculator, which may potentially lead to an initial increased number of appeals in 2024/25, and possibly 2026/27. DfT are also undertaking a review of the appeals process, in order to ensure that it is up to date and works as well as possible. The Decision Maker will be kept informed on any updates to the appeals process. We do not expect changes to the core requirement below.
5.2 The criteria required to be met for this contract are set out below. Bidders will need to demonstrate in their proposal examples of how and when they have employed these skills to enable the Department to assess the Decision Maker’s skills:
5.2.1 The Decision Maker will be required to analyse evidence submitted by bus operators and TCAs and to make a judgement that will determine the level of reimbursement due.
5.2.2 In reviewing the evidence submitted, the Decision Maker will need to be able to identify and resolve any legal issues raised.
5.2.3 The Decision Maker will be expected to familiarise themselves with the latest version of DfT’s reimbursement guidance and reimbursement calculator and make use of this alongside any other robust additional evidence provided by operators and TCAs.
5.2.4 Quality assurance of the Decision Maker’s analysis will be provided by DfT economists and lawyers.
5.2.5 Legislation gives the Decision Maker powers to hold an oral hearing to bring both parties to an appeal before them to give evidence, although it is at the Decision Maker's discretion whether to do so, as there is currently no obligation to hold an oral hearing.
5.2.6 For each appeal case, the Decision Maker will be required to complete a written determination report following quality assurance of the Decision Maker’s analysis and by DfT economists and lawyers. When a determination of an appeal is complete the Contract Manager will forward this document to both parties involved in the appeal.
5.2.7 The Decision Maker may be required to comment on revisions made by the Department’s officials to its reimbursement guidance and reimbursement calculator.
5.2.8 The Decision Maker may be required to suggest improvements to concessionary travel guidance and the appeals process, or to assist with any reviews of the guidance.
5.2.9 The Decision Maker may be required to attend meetings with external stakeholders. This could include reimbursement training and/or feedback sessions with local authorities and/or bus operators.
5.3 For accountability and consistency purposes, the Decision Makers will need to be nominated individuals. Proposals should therefore make clear which individual is being put forward for the role and provide relevant information with a Curriculum Vitae clearly showing the nominated person’s experience.
5.4 Under the current legislation, bus operators are required to submit appeals within 56 days of the commencement or variation of concessionary travel schemes in TCA areas. As concessionary travel schemes usually commence from 1st April each year, this means the volume of the appeals caseload for that year is usually known by 27th May. However, it should be noted that negotiations between both parties continue throughout the appeals process and often lead to agreement and withdrawal of the appeal before determination is required.
5.5 Based on past appeals volumes, we estimate that an experienced Decision Maker would take on average, between three and five days to complete a standard case. However, if the issues are complex, or the Decision Maker is new to the subject area, it may take longer to complete a case.
5.6 The appointed Decision Maker will receive the Department’s induction pack shortly after the award of the contract. The pack
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Date
11 March 2024
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.7) Conditions for opening of tenders
Date
11 March 2024
Local time
5:00pm
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
six.4) Procedures for review
six.4.1) Review body
Kings Bench Division, The Royal Courts of Justice
London
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The contracting authority will operate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers to provide time for unsuccessful tenderers to challenge the award decision before the contract is entered into. Unsuccessful tenderers shall be notified by the contracting authority as soon as possible after the decision is made as to the reasons why they were unsuccessful. The Public Contracts Regulations 2015 provide that aggrieved parties who have been harmed, or are at risk of harm, by breach of the rules are to take action in the High Court (England, Wales and Northern Ireland).