Section one: Contracting authority/entity
one.1) Name and addresses
DEPARTMENT OF JUSTICE
Clare House 303 Airport Road West
Belfast
BT3 9ED
Contact
Donna Williams
Donna.Williams@finance-ni.gov.uk
Telephone
+44 2890816414
Country
United Kingdom
NUTS code
UKN - Northern Ireland
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Department of Justice (DoJ) Provision of Electronic Monitoring (EM) Services 2021-2022
Reference number
DOJ DAC 05/21
two.1.2) Main CPV code
- 79710000 - Security services
two.1.3) Type of contract
Services
two.1.4) Short description
The Department of Justice (DOJ) will be awarding a short term interim contract for the provision of services for the Electronic Monitoring (EM) of offenders in Northern Ireland. Under Article 35 of Criminal Justice (Northern Ireland) Order 2008 a curfew requirement can include the provision of EM as a condition of court bail, post-release licence or range of community supervision orders for adults and young persons. The scope of EM is a public protection tool for both for the judiciary and for the criminal justice agencies monitoring offenders in the community.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £1,500,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
Main site or place of performance
Northern Ireland
two.2.4) Description of the procurement
Electronic tagging and monitoring services of offenders in Northern Ireland.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.14) Additional information
This is an interim contract to ensure continuity of services (October 2021-October 2022) whilst the contract is retendered. The procurement process was delayed due to the impact of COVID 19. The Department of Justice (DOJ) has initiated pre market engagement to inform the procurement process to award a new contract for the provision of services for the Electronic Monitoring (EM) of offenders in Northern Ireland. Under Article 35 of Criminal Justice (Northern Ireland) Order 2008 a curfew requirement can include the provision of EM as a condition of court bail, post-release licence or range of community supervision orders for adults and young persons. This demonstrates the scope of EM as a public protection tool for both for the judiciary and for the criminal justice agencies monitoring offenders in the community.
The anticipated Service Delivery Go Live date of the new contract 03 October 2022. The tender opportunity will be advertised in FTS in due course.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
There are derogations under the Regulations to award a contract to a single supplier where the supplies or services can only be supplied by a particular supplier, in this case under Regulation (32(2) (c) in cases of extreme urgency brought about by events unforeseen or attributable to the contracting authority, where the time limits for the open, restricted or competitive procedures with negotiation cannot be compiled with.
Due the the unforeseen pandemic and its impact , it de-stabilised all public sector activity as resources were redirected and delayed planned procurement activity , it further destabilised the market ; in particular the security services sector where there is face to face contact required in a pandemic for essential services such as this.
There is no option to do nothing; under Article 35 of Criminal Justice (Northern Ireland) Order 2008 a curfew requirement can include the provision of EM as a condition of court bail, post-release licence or range of community supervision orders for adults and young persons. EM is an essential public protection tool for both for the judiciary and for the criminal justice agencies monitoring offenders in the community and therefore also in the public interest/public safety.
As it is a complex service, with high switching costs and high technical standards which must be robustly tested to ensure accuracy and confidence to all key stakeholders (including subjects and the criminal justice agencies) ; it is an unavoidable, longer process and a longer lead in time to test followed by the transition process to switch out equipment etc. In addition to testing it further includes TUPE and CTC clearance which need 3-6 months.
As equipment and installations are a large proportion of the contract , another derogation also applies; Regulation 32(5)(b) for additional deliveries by the original supplier which are intended either as a partial replacement of supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire supplies having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance.
This contract is required to meet legislative and public safety obligations, therefore we are further applying the derogation under the EU DIRECTIVE 2014/24 whereby it is explicit under Provision 41 that : Nothing in this Directive should prevent the imposition or enforcement of measures necessary to protect public policy, public morality, public security, health, human and animal life, the preservation of plant life or other environmental measures, in particular with a view to sustainable development, provided that those measures are in conformity with the TFEU.
This is a short term interim contract to ensure continuity of services (October 2021-October 2022) whilst the contract is retendered.
The Department of Justice (DOJ) has initiated pre market engagement (PIN has been published in FTS) to inform the procurement process to award a new contract for the provision of services for the Electronic Monitoring (EM) of offenders in Northern Ireland.
The anticipated Service Delivery Go Live date of the new contract 03 October 2022. The tender opportunity and Contract Notice will be advertised in FTS in due course.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
Contract No
DAC 05/21
Title
DOJ Electronic Monitoring Services
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
1 April 2021
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Withheld
Belfast
Country
United Kingdom
NUTS code
- UKN - Northern Ireland
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £1,500,000
Total value of the contract/lot/concession: £1,500,000
Section six. Complementary information
six.3) Additional information
This VEAT is to give notice of the award decision and to commence a standstill period prior to award of contract. The contract award will not be entered into until after 14th April 2021.
six.4) Procedures for review
six.4.1) Review body
Construction and Procurement Delivery (CPD)
Belfast
BT3 9ED
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
There is no formal review body in Northern Ireland. Please contact CPD with any queries/issues via Donna.Williams@finance-ni.gov.uk