Section one: Contracting authority
one.1) Name and addresses
Ministry of Justice
102 Petty France
London
SW1H 9AJ
CCMD_DandT_and_PS_Commercial_Support_Requests@justice.gov.uk
Telephone
+44 02033343555
Country
United Kingdom
NUTS code
UK - United Kingdom
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main 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
N/A
Reference number
prj_9910
two.1.2) Main CPV code
- 72000000 - IT services: consulting, software development, Internet and support
two.1.3) Type of contract
Services
two.1.4) Short description
The supply of Application maintainence and support services.
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: £60,340,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
Main site or place of performance
Nationally to include MoJ headquarters, HM Courts and tribunals
two.2.4) Description of the procurement
o provide:
i) application maintenance and support for ~35 business-critical applications the majority of
which are used by HM Courts and Tribunal Service; and
ii) potential application development and enhancement services, as and when required. The
applications vary in size, complexity, component technologies, user numbers, interfaces with
other applications, security requirements, service and support hours, business criticality and
hosting arrangements. Most of the applications are classed as "heritage applications" due to
their age. Many are business critical case management or case progression systems used by
the courts and are typically complex and bespoke. Applications may be removed from scope
as they are retired or replaced under new supplier arrangements.
two.2.5) Award criteria
Price
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 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 services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
The authority relies on Regulation 32(2)(b)(ii) (Use of negotiated procedure without prior
publication) of the Public Contracts Regulations 2015 namely: the services can only be
provided by a particular economic operator, the incumbent supplier (CGI IT UK Limited), who
has been providing the services forming the subject matter of this contract under a contract
with the authority for the last 8 years three months which is due to expire on 31.08.23,
because competition is absent for technical reasons, and no reasonable alternative
substitute exists and the absence of competition is not the result of an artificial narrowing
down of the parameters of the procurement for the following reasons.
(a) no other supplier has the necessary technical knowledge and experience to provide the
services, because:
i) most of the applications are bespoke and 'heritage applications' with many over 18 years
old. The heritage applications are difficult to maintain because of their age and complexity
and the extent to which they have been changed over the years and require very specialist
technical knowledge and experience, e.g. skills/experience in using aged programming
languages such as Fortran, COBOL, Pascal and C. The number of people with the skills,
knowledge and experience to maintain and/or enhance them is limited outside CGI, which
has developed significant knowledge and experience of how the applications were built and
developed and how they operate and interface with each other; and
ii) delivering the services relies on non-live development and test environments, and
management access to the live environments, both to provide ongoing support and to
undertake application development/enhancement. For a replacement supplier to provide
the services, they would need access to the same/equivalent existing non-live development
and test environments. To build and implement equivalent development and test
environments would take around 12 months and be challenging, expensive and risky without
the necessary application knowledge/experience. A replacement supplier would additionally
need to establish infrastructure, connectivity and processes to allow secure management
access to the live environments, e.g. to investigate maintenance issues or for boarding
purposes i.e. to deploy new applications/code.
(b) even if it was theoretically possible that another supplier(s) did have the necessary
technical knowledge/experience, which the authority does not consider to be the case, it is
estimated to take a minimum of 18-24 months for a procurement to be run and any
replacement supplier(s) to be able to deliver the services (6 to 12 months to run a
competition to award to another supplier depending on the route/process and around 12
months to transition) whereas the services are required from 01.09.2023.
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: 2023/S 000-023462
Section five. Award of contract
Title
Application Maintenance and Support Services
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
25 August 2023
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
CGI Uk ltd
20 Fenchurch Street, 14th Floor
London
EC3M 3BY
Country
United Kingdom
NUTS code
- UK - United Kingdom
National registration number
00947968
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £60,340,000
five.2.5) Information about subcontracting
The contract is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Proportion: 13 %
Short description of the part of the contract to be subcontracted
Support and maintenance of applications.
Section six. Complementary information
six.3) Additional information
The initial term of the contract is for 12 months with an option to extend for a further period of 12 months. The contract enables the authority to terminate services at its convenience and partially and it is envisaged that a number of applications will be removed from scope over the term as they are retired/replaced and as in-house software delivery capability is developed. The authority intends to commence a competitive procurement process for the maintenance/support of the remaining applications during the initial term.
The estimated maximum contract value for this contract (£60,340,000 GBP) is based on estimated service charges of £31,200,000 GBP with the remaining value discretionary spend on potential project work, and assumes the option to extend the term is exercised. The project work is optional and is not guaranteed, the extension may not be necessary, and applications may be removed from scope over the term, so the actual cost of this contract may be lower than the estimated maximum contract value.
six.4) Procedures for review
six.4.1) Review body
High Courts of Justice
Strand
London
WC2A 2LL
Country
United Kingdom