Section one: Contracting authority/entity
one.1) Name and addresses
Ministry of Justice
102 Petty France
London
SW1H 9AJ
Contact
Philip Monteith
Philip.Monteith@justice.gov.uk
Telephone
+44 02033343555
Country
United Kingdom
NUTS code
UKI - London
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
Voice, Video and Integration (VVI) services
two.1.2) Main CPV code
- 64200000 - Telecommunications services
two.1.3) Type of contract
Services
two.1.4) Short description
Contract for the supply of voice, video & integration (VVI) 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: £105,000,000
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 & tribunals centres, and a range of other locations
two.2.4) Description of the procurement
To provide the following main areas of service:
(i) the provision, management and maintenance of video and telephony services;
(ii) the management and maintenance of the integration of WAN services and LAN services;
(iii) the design and management of gateway services and IP addressing;
(iv) local server rooms / communications rooms; and
(v) the design and technical integration of video services, telephony services, WAN services and LAN services; and integration with other Services.
Services may be removed from scope as they are transitioned to replacement suppliers or insourced.
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
Negotiated without a prior call for competition
- The works, supplies or 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 (Vodafone Limited), who has been providing the services forming the subject matter of this contract under a contract with the authority for the last 7 years eleven months which is due to expire on 09.12.21, 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/experience to provide the services, because:
(i) video traffic between the authority and other government bodies traverses the public services network (PSN). The authority cannot migrate away from the PSN until these other bodies have also migrated to new solutions as it is a closed system. For another PSN provider to provide the PSN link, intercommunity firewall rules and 3rd party allowed lists would require updating. Previously it has taken a minimum of 12 months for all 3rd parties to update their allowed lists with these timescales being outside the authority’s control. Migrating the PSN IP address ranges to another supplier’s network would have to be done simultaneously because IP ranges can only be in one place, presenting significant and unacceptable risks to service continuity. As PSN is due to close by 2023 the authority would also incur significant wasted costs by changing supplier given the short remaining lifespan of PSN;
(ii) many of the hardware components that are core to the services are hosted in Vodafone’s datacentres. A new supplier would have to i) design/implement a new environment, ii) re-route sub-contracted solutions through their own datacentres or a combination of these options, which would introduce a high level of risk to service delivery and substantial duplication of costs given PSN is due to close and would not therefore be a reasonable alternative/substitute; and
(iii) Vodafone has knowledge of the environment and complexities of how it inter-operates with other parts of the authority’s ICT environment, i.e. the WAN/LAN service, developed over the past 13 years. The integration gateway was designed with separate security domains to satisfy information assurance requirements at the time. This segregated environment means WAN traffic must be routed via the gateway to communicate, and only Vodafone can provide this gateway with the existing WAN/LAN service, until the WAN/LAN service is replaced.
(b) Even if it was theoretically possible that another supplier did have the necessary technical knowledge/experience, which the authority does not consider to be the case, it is estimated to take around 12 months to procure a replacement supplier and a further 18 to 24 months to complete a managed transition, whereas the services are required from 10.12.2021.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
19 November 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
Vodafone Ltd
Vodafone House, The Connection
Newbury
RG142FN
Country
United Kingdom
NUTS code
- UKJ11 - Berkshire
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £105,000,000
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Proportion: 60 %
Short description of the part of the contract to be subcontracted
The operation/management of hardware in the Authority data centers; support for voice and video services.
Section six. Complementary information
six.3) Additional information
The initial term of the contract is for twenty two (22) months, with an option to extend for a further period of twelve (12) months. The contract includes the ability for the authority to remove services from scope as and when required and therefore it is likely to have a reducing scope, although when and which services may be removed early has not yet been determined. It is currently envisaged that if the extension option is exercised this will be to cover the remaining Services that have not yet transitioned to a replacement supplier. The authority intends to commence competitive procurement processes for the services early on during the initial term. The first of a series of market engagement activities commenced on 7 October 2021.
The estimated total value for this contract is between £80m - £105m depending on whether the 12 month extension option is exercised and the order and timing of services being removed from scope. The project work is entirely optional and is not guaranteed, the extension may not be necessary, and services 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 Court
Royal Courts of Justice, Strand
London
WC2A2LL
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
High Court
Royal Courts of Justice, Strand
London
WC2A2LL
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
WC2A2LL
Country
United Kingdom