Section one: Contracting authority/entity
one.1) Name and addresses
Ministry of Justice.
102 Petty France
London
SW1H 9AJ
probationdynamicframework@justice.gov.uk
Telephone
+44 02033343555
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
https://www.gov.uk/government/organisations/ministry-of-justice
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Public order and safety
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Probation Services Dynamic Framework - Cumbria Women's Services
two.1.2) Main CPV code
- 75231240 - Probation services
two.1.3) Type of contract
Services
two.1.4) Short description
The Ministry of Justice (the ‘Authority’) conducts this procurement under the ‘Light Touch Regime’. The Authority has established a probation services dynamic framework (‘DF’) to purchase services to deliver rehabilitation and resettlement interventions under the ‘Light Touch Regime’. The DF contains 14 ‘Service Categories’ based on service user needs and cohorts. 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. As a result of a number of call-off competition failures under the DF, the MOJ intends to directly award those call-off contracts pursuant to the negotiated procedure without prior publication.
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: £319,434
two.2) Description
two.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
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
Main site or place of performance
England and Wales
two.2.4) Description of the procurement
The Ministry of Justice (the ‘Authority’) conducts this procurement under the ‘Light Touch Regime’. The Authority has established a probation services dynamic framework (‘DF’) to purchase services (‘Commissioned Rehabilitative Services’) to deliver rehabilitation and resettlement interventions under the ‘Light Touch Regime’. The DF contains 14 ‘Service Categories’ based on service user needs and cohorts. 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. As a result of a number of call-off competition failures under the DF, the MOJ now intends to directly award those call-off contracts pursuant to the negotiated procedure without prior publication. Further information about the procedure is provided in section IV.1 below.
two.2.5) Award criteria
Cost criterion - Name: Most Economically Advantageous Tender / Weighting: 100%
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
two.2.14) Additional information
The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020/1319
The Regulation 32 procedure was ‘launched’ in 2021 when the Authority contacted economic operators in relation to the procedure. As the procedure was launched after IP completion day, this VEAT notice is being published on Find a Tender. For transparency, the Authority has also decided to publish this VEAT notice in the OJEU.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- No tenders or no suitable tenders/requests to participate in response to restricted procedure
Explanation:
Justification
The Authority considers the award of the contracts without prior publication of a contract notice is permitted by Regulation 32(2)(a) of the Public Contracts Regulations 2015 on the basis that no and/or no compliant tenders were received in the 17 call-off competitions run under the DF. No bids were received in the following call-off competitions: seven Police and Crime Commissioner (PCC) areas for Personal Wellbeing (PWB) contracts; seven for Women’s Services contracts; and two PCC areas for Young Adults in Wales. No compliant tenders were received for one call-off competition for a Women’s Services contract.
Section VI.3 of the Contract Notice for the DF published on 15 June 2020 (see IV.2.1) gave notice that the Authority could directly award a call-off contract pursuant to Regulation 32 of the Public Contracts Regulations 2015 where there is a call-off competition failure.
Accordingly, after due consideration, the Authority has decided to make direct awards in each of these areas pursuant to Regulation 32(2)(a) on grounds of competition failure.
Further, the Authority relies on Regulation 32(2)(c). The Authority undertook extensive market engagement in the design of the DF and engaged with tenderers answering clarification questions after the call-off competitions were launched. Suppliers had indicated via the Dynamic Framework that they would be willing to deliver services in the PCC areas with failed bids. There was no indication that one or more competitions would fail and such failures therefore constitute unforeseeable events. These failures have brought about conditions of extreme urgency as there is insufficient time to comply with the relevant time limits to re-run these competitions and to enable successful tenderers to mobilise in time for service commencement on 26 June 2021, by reason whereof, direct awards are necessary.
The Authority intends to make the contract awards no later than 21 May 2021 to allow sufficient time to mobilise the contracts by 26 June 2021.
The Authority selected the provider to be awarded each contract from those providers that have been successful in securing one or more DF contracts in the relevant Service Category (PWB England; PWB Wales; Young Adults Wales; Women’s Services) using a fair and transparent methodology.
The Authority intends to enter into the relevant contract on substantially the same terms originally advertised (in the Personal Wellbeing (both England and Wales) and Young Adults Wales ITTs published on 19 October 2020 and the Women’s Services ITTs published on 24 November 2020). The contract term shall be for the delivery of services for 2 years from 26 June 2021.
The Authority approached potential providers pursuant to the above methodology and following further assessment and dialogue made its selection accordingly.
This VEAT notice relates to the proposed contract for Women’s Services in Cumbria. Further information is provided in section V.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2020/S 114-277986
Section five. Award of contract/concession
Contract No
ITT_5215
Title
Women's Services in Cumbria
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
20 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
Women's Community Matters
Nan Tait Centre, Abbey Road, Barrow-in-Furness
Cumbria
LA14 1LG
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £319,434
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court Royal Courts of Justice
Strand
London
WC2A 2LL
Telephone
+44 20794760000
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
High Court Royal Courts of Justice
Strand
London
WC2A 2LL
Telephone
+44 20794760000
Country
United Kingdom
six.4.4) Service from which information about the review procedure may be obtained
High Court Royal Courts of Justice
Strand
London
WC2A 2LL
Telephone
+44 20794760000
Country
United Kingdom