Section one: Contracting authority/entity
one.1) Name and addresses
Ministry of Justice
102 Petty France
London
SW1H 9AJ
Contact
Abriti Regmi
mojcommercialreset@justice.gov.uk
Telephone
+44 02033343555
Country
United Kingdom
Region 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
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
HMPPS Higher Education
two.1.2) Main CPV code
- 75231230 - Prison services
two.1.3) Type of contract
Services
two.1.4) Short description
Contract for HMPPS Higher Education, for the provision of support to apply for and access higher education courses and funding in secure environments.
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: £3,340,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
To provide a service supporting students in a secure environment to apply for, access funding for and complete, higher education courses. Support should be available for a minimum of 300 new enrolments per year. Support for new enrollers will continue for subsequent years until course completion or release. This support must include:
Ensuring that a range of courses are adapted for delivery in a secure environment, compliant with HMPPS standards and regulations, approved by security and available for delivery in a secure environment.
Production of a prospectus of courses available in a secure environment. To protect student choice this must cover the following minimum range of levels and subject areas:
Levels:
Certificate level 4, Diploma level 5, Undergraduate degree level 6
Subject areas:
English Language, English Literature, Mathematics, Psychology, Business Management, Geography, Art history, Politics, Criminology, History, Economics, Spanish, French, German, Classical Studies, Law, Sociology, Sports, fitness and coaching, Religion, Health & Social care and Combined Science
Marketing and promoting to prisoners the uptake of Higher education in prisons and other secure environments.
Offering information, advice and guidance to prisoners on the types of course they could apply for and which course would be most suitable.
Support in registering for and applying for courses.
Support in registering for and applying for student loans.
Supporting tutors to enable them to deliver to students in secure environments.
Providing support for any course exams to be conducted in a secure environment.
Deliver award/graduation ceremonies in secure environments for students who complete courses whilst incarcerated.
two.2.11) Information about options
Options: Yes
Description of options
Initial term: 24 months
Option 1: 12 months
Option 2: 12 months
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 initial term of the contract is for 24 months with an option to extend for a further period of 12 months and then a further 12 months after the first extension. The Authority intends to develop the market for this service.
The estimated contract value is based on an annual spend of £835k, over the entire maximum contract length of 48 months, assuming the full options to extend are exercised.
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:
MoJ considers that the award of this contract is permitted pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 for the following reasons.
a) Open University is the only supplier able to meet MoJ’s requirement for a minimum acceptable number of courses (as per II.2.4 above) to be delivered in secure environments by the go live date of April 2025, due to technical reasons.
Having sought advice from internal and external stakeholders, with experience of higher education and education in a secure environment, the estimated timeframes needed for courses to be adapted by alternative suppliers are:
• 6 months for suppliers to develop relationships with higher education (HE) institutions for course delivery (where not delivering the services directly).
• 3 months for HE Institutions to engage with MOJ on understanding its security requirements.
• 12 - 18 months per course to adapt all course content and material for delivery in secure environments.
Furthermore, time would be needed for HMPPS to sign off suitability of degrees to be delivered as part of the services and for MoJ to conduct a procurement for a supplier to deliver the services. Accordingly, alternative suppliers’ courses would not be ready for delivery by April 2025.
b) Open University already has distance learning courses available, is the only supplier able to meet the minimum acceptable subject range in secure environments, and no reasonable alternative or substitute exists.
MoJ publicised its requirements as part of pre-market engagement, advertising them on Contracts Finder, through a Prior Information Notice on Find a Tender Service and Find a Grant, plus directly inviting HE institutions. This provided suppliers the opportunity to engage with MoJ as part of its consideration as to whether alternative suppliers who could meet MoJ’s requirements exist. During market engagement (from December 2023 to February 2024) one-to-one meetings were arranged with six interested suppliers that could potentially deliver some of the services (aside from the Open University). Of these suppliers, the supplier with the most courses currently available for delivery in secure environments had two Level 4 (L4 equivalent to minimum HE courses) courses available for delivery through partnership with a HE institution. No suppliers had full degree (Level 6) courses available for delivery in secure environments. No other suppliers had any HE courses at levels 4, 5 or 6 available for delivery in a secure environment.
c) Over 100 different undergraduate level courses are currently being offered to students in secure environments. In the interest of opening up competition and to ensure no artificial narrowing down of the parameters of the procurement, MoJ determined the minimum acceptable range of courses (as per section II.2.4 above) that must be available for delivery in a secure environment from April 2025 in order to protect student choice.
The contract award:
• mitigates risks of students taking out loans for undeliverable courses;
• delivers continuity of service; and
• allows time to develop potential digital solutions.
The authority will continue to engage with the market and reassess capability prior to exercising options to extend the contract.
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 March 2024
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
The Open University
Walton Hall, Kents Hill
Milton Keynes
MK7 6AA
Country
United Kingdom
NUTS code
- UK - United Kingdom
Internet address
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: £1,670,000
Total value of the contract/lot/concession: £3,340,000
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