Electronic monitoring services.
Contract notice
Services
Section I: Contracting authority
Ministry of Justice (The Authority) [on behalf of itself and the other contracting authorities specified in Section VI.3]
Clive House, 70 Petty France
Contact point(s): EM Procurement Team
For the attention of: EM Procurement Team
SW1H 9EX London
UNITED KINGDOM
Telephone: +44 300047-5905
E-mail:
Internet address(es):
General address of the contracting authority: http://www.justice.gov.uk
Address of the buyer profile: http://www.justice.gov.uk
Further information can be obtained from: The above mentioned contact point(s)
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
Public order and safety
Social protection
The contracting authority is purchasing on behalf of other contracting authorities: yes
Other Contracting Authorities (as detailed in VI.3)
Various
UNITED KINGDOM
Section II: Object of the contract
Service category No 5: Telecommunications services
Main site or location of works, place of delivery or of performance: England and Wales only.
NUTS code UK
The Authority shall use the competition to enable delivery of specific departmental strategic initiatives including those recently identified in the Authority’s Green Paper ("Breaking the Cycle: effective punishment, rehabilitation and sentencing of Offenders”) and the competition strategy for offender services, particularly regarding the tracking of subjects.
The scope of EM services will be divided into four elements (lots) as follows.
I. Monitoring service including the processing centre, related hardware and software, and field operatives;
II. Monitoring and mapping software applications;
III. Monitoring hardware (anklets etc.) and firmware and software;
IV. Network (Global System for Mobile Communications (GSM)).
The Authority reserves the right at any time to move certain functions between the lots.
The successful monitoring service provider for lot (I) will be the service and system integrator. This means that the successful monitoring service provider will be given the power of agency to act on behalf of the Authority in appropriate areas to ensure that interface risks are properly managed with the monitoring service provider acting in some respects in the manner of a prime contractor with the service providers for lots (II), (III) and (IV) in the role of sub-contractors. For the avoidance of doubt, contracts for all lots will be awarded directly by the Authority, who will be solely responsible for bidder selection. Preferred bidders will be designated for all of the lots prior to award of contracts. Negotiations will then be concluded with all preferred bidders to establish a back-to-back service and system integration agreement, binding on all parties that will contain the appropriate commercial provisions supporting an end to end service to the Authority.
The Authority is proceeding under the negotiated procedure on the grounds set out in Regulations 13(b) and 13(c) of the Public Contracts Regulations 2006. Due to the complexity and technical nature of the services to be procured, it is not possible to fully specify in advance any preferred solutions and the Authority wishes to engage with bidders in order to identify what solutions are available on the market, including any potential innovations which different bidders may be able to offer. In particular it is also not possible to specify in advance how the lots will be integrated or how each potential provider will work with each other to deliver the services. The negotiated procedure will allow the Authority to identify operational risks across the service, which it is yet not possible to predict, and consider their management with bidders. The cost impact of risk acceptance and/or transfer will need to be discussed and agreed with bidders during the competition as the total operating model is developed and a system integration agreement is established. The Authority will need to be able to engage in meaningful and detailed discussions with preferred bidders regarding different service models in order to identify a final solution that is acceptable, robustly operable and capable of being priced. Taking into account the different specialisms required and the possible number of different proposals by bidders, it has not been possible to set an estimated overall price at the start of the procurement process other than to give an estimated range of values for the purposes of this notice.
It is the Authority’s intention to deliver maximum alignment between the delivery of the Electronic monitoring service, the Ministry of Justice Future IT Strategy (FITS) and the Government’s ICT strategy. Specifically, the successful network service provider for lot (IV) must adhere to the Government Public Services Network (PSN) standards which will be updated from time to time during the course of the competition and term of the contract. Bidders shall make express reference to the current technical domain description - version 2.0 which may also be updated from time to time during the course of the competition and term of the contract. Further information about PSN can be obtained at http://www.cabinetoffice.gov.uk/resource-library/public-services-network. It is the intention of the Authority to review the outcome of the Government's PSN Connectivity and services framework competitions, currently scheduled for award in Spring 2012. The Authority reserves the right to not to award any contract under lot (IV) and instead obtain Network services via the future PSN connectivity and / or services framework agreements [or under other agreements] in line with the Authority's FITS network tower/mobiles procurement approach.
In the event that any part of the solution, for any of the lots, is based upon standard components which are available through Government framework agreements, the Authority reserves the right to either directly procure, or require the successful supplier to procure such items under the terms of the Government framework agreement.Tendering and award restrictions.
As part of the pre-qualification and RFI process bidders are required to identify those lots they wish to bid for. All bidders may express an interest in a maximum of 3 lots. Bidders will be precluded from expressing an interest in, and bidding for, both lot (I) and lot (III) together (and this preclusion shall also apply to (a) the subsidiary and holding companies of the bidder and any other subsidiaries of the holding companies (as defined by s1159 Companies Act 2006) and to (b) any consortium members and significant subcontractors as defined in the RFI). Subject to the outcome of the Government PSN competition, one bidder may be successful in being awarded contracts for lots (I), (II), and (IV) or alternatively (II), (III) and (IV)- or may be successful in relation to individual lots within those groupings.
The Authority will limit the number of bidders to be invited to negotiate per lot to a maximum of 4 in the case of lots (I), (III) and (IV). Where more than 4 bidders meet the Authority's minimum pre-qualification criteria for any of lots (I), (III) or (IV), the Authority will short-list the 4 highest ranking bidders for the relevant lot as assessed against the Authority's pre-qualification criteria. The Authority will limit the number of bidders to be invited to negotiate for lot (II) to a maximum of 7. Where more than 7 bidders meet the Authority's minimum pre-qualification criteria for lot (II), the Authority will short-list the 7 highest ranking bidders as assessed against the Authority's pre-qualification criteria provided that it shall only short-list the 6th and the 7th highest if its respective score is within 5 % of the score of the 5th highest ranking bidder for lot (II).
The contract for lot (I) shall be for a period of six years. Contracts for lots (II), (III) and (IV) shall be for a period of three years. There will be options to extend the contracts in all of the lots as described in more detail in the information about lots section.
The Authority may from time to time seek additional information or updates from those bidders that have pre-qualified to update, verify and confirm the details that they have provided.
Further details are provided in the "Information about Lots" section and in the Authority's Request for Information (RFI). Details of how to respond to this notice and obtain the RFI are set out in Section VI.3. Greater detail of the interfaces between all lots and the Authority’s requirements will be provided in the invitation to negotiate (ITN) documentation.
79714100, 79996000, 63121000, 51610000, 79342300, 71222100, 71354100, 71222200, 72317000, 72315100, 72212326, 72310000, 79991000, 32412100, 79512000, 79110000, 48100000, 51321000, 48324000, 71354200, 64212600, 64216110, 32420000, 79710000, 32570000, 64216200, 79714110, 79420000, 64212500, 75230000, 48613000, 75231100, 79411000, 79211120, 79212000, 32000000, 72514100, 48000000, 32530000, 32400000, 32500000, 48326000, 50330000, 32260000, 50332000, 32412000, 64212000, 48326100, 30210000
Tenders may be submitted for one or more lots
The estimated overall contract value (covering all 4 lots) is anticipated to range 583 000 000 GBP to 2 940 000 000 GBP. The estimate contract values for each lot is provided in the "Information about lots" section of this notice. Potential Providers are advised that this upper limit is reflective of possible changes to sentencing policy that may or may not come into effect.
Estimated value excluding VAT:
Range: between 583 000 000,00 and 2 940 000 000,00 GBP
Description of these options: The contract term for each lot is provided in the "Information about lots" section of this notice. However, the Authority anticipates that the contract for each lot will include an option to extend the contract term for up to 3 years in one year increments.
Whilst bidders are permitted to offer variant bids the Authority reseves the right to reject any variant bid without recourse.
Information about lots
Lot No: 1 Lot title: EM - monitoring serviceFurther responsibility as set out in the RFI.
79420000, 64216110, 79710000, 79996000, 51610000, 63121000, 79714110, 79342300, 75230000, 72317000, 75231100, 72310000, 79714100, 79411000, 79991000, 79211120, 79212000, 72514100, 79512000, 79110000, 51321000, 48613000, 64216200
Estimated value excluding VAT:
Range: between 540 000 000,00 and 2 320 000 000,00 GBP
Bidders for lot I will be precluded from bidding for lot (III).
Further responsibility as set out in the RFI.
48326000, 48326100, 71222100, 71222200, 72212326, 71354100, 71354200, 48324000, 48000000, 48100000
Estimated value excluding VAT:
Range: between 11 000 000,00 and 150 000 000,00 GBP
Further responsibility as set out in the RFI.
30210000, 79714110, 79714100, 72310000, 50330000, 63120000, 32530000, 32260000, 32570000, 79991000
Estimated value excluding VAT:
Range: between 22 000 000,00 and 380 000 000,00 GBP
Bidders for lot (III) will be precluded from bidding for lot (I).
Please refer to Section II.1.5 for further information regarding this lot.
Further responsibility as set out in the RFI.
32412100, 64212000, 64212600, 32420000, 32570000, 72315100, 64212500, 32400000, 50332000, 32000000, 32530000, 32500000, 50330000, 32412000
Estimated value excluding VAT:
Range: between 10 000 000,00 and 90 000 000,00 GBP
Bidders shall make express reference is made to the current technical domain description - version 2.0 which may also be updated from time to time during the course of the competition and term of the contract.
Subject to the outcome of the Government's PSN competition the Authority reserves the right to not to award any contract under lot iv and instead obtain Network services via the future PSN framework agreements.
Section III: Legal, economic, financial and technical information
Description of particular conditions: The execution of electronic monitoring and related services are governed by the provisions of the Criminal Justice and Court Services Act 2000, the Power of Criminal Courts (Sentencing) Act 2000, the Criminal.
Justice Act 2003 and the Criminal Justice and Immigration Act 2008. Members of staff in all of the lots may be required be required to be security cleared to Enhanced CRB level as a minimum. Successful service providers may also be required to actively participate in the achievement of social and/or environmental objectives including those relating to sustainability and diversity. Accordingly, contract performance conditions may relate in particular to such social and/or environmental considerations. Further details of these conditions are included in the RFI, the invitation to negotiate and the contract documents.
Minimum level(s) of standards possibly required: As set out in the RFI.
In accordance with Section 2 of Directive 2004/18/EC and Part 4 of the Public Contracts Regulations 2006 (as amended) and as set out in the RFI.
Minimum level(s) of standards possibly required:
As set out in the RFI.
Section IV: Procedure
Some candidates have already been selected (if appropriate under certain types of negotiated procedures) no
Objective criteria for choosing the limited number of candidates: The Authority will limit the number of bidders to be invited to negotiate per lot to a maximum of 4 in the case of lots (I), (III) and (IV). Where more than 4 bidders meet the Authority's minimum pre-qualification criteria for any of lots (I), (III) or (IV), the Authority will short-list the 4 highest ranking bidders for the relevant lot as assessed against the Authority's pre-qualification criteria. The Authority will limit the number of bidders to be invited to negotiate for lot (II) to a maximum of 7. Where more than 7 bidders meet the Authority's minimum pre-qualification criteria for lot (II), the Authority will short-list the 7 highest ranking bidders as assessed against the Authority's pre-qualification criteria provided that it shall only short-list the 6th and the 7th highest if its respective score is within 5 % of the score of the 5th highest ranking bidder for lot (II).
Section VI: Complementary information
As stated in Section I.2: the Authority is purchasing on behalf of itself and depending on the model, goods and/or services may also be supplied to other Government Agencies or Departments, Executive Agencies and Non Departmental Public Bodies in the UK (including any statutory successors or new bodies created following organisational change). A full list of these bodies can be found at http://www.direct.gov.uk/en/Dl1/Directories/A-ZOfCentralGovernment/index.htm but is inclusive of the following contracting authorities:
- Her Majesty's Courts and Tribunals Service (HMCTS),- National Offender Management Service (NOMS),
- Home Office including but not exclusively the Office for Security and Counter Terrorism (OSCT),
- UK Border Agency (UKBA) including the Special Cases Unit (SCU),
- Youth Justice Board (YJB),
- Special Immigration and Appeals Commission (SIAC),
- Department for Work and Pensions (DWP) including the Child Maintenance and Enforcement Commission (CMEC).
This shall include successor bodies and bodies resulting from organisational change. The Authority intends to permit public bodies to use the services purchased under this contract notice. This includes;
- Police constabularies.
As stated in Section II.1.9: variant bids are permitted in this competition.
As stated in Section II.2.2: whilst bidders are permitted to offer variant bids, the Authority reserves the right to reject any variant bid without recourse.
As stated in Section II.2.1: the value range specified is an estimate and covers the total contract value across all four Lots. The estimated contract value range for each lot is specified in the information about lots sections of this notice.
As stated in Section II.3: the anticipated contract term for each lot is specified in the information about lots section of the notice.
As stated in Section IV.1.2: the minimum and maximum numbers specified relate to the number to be invited to negotiate for each lot. The Authority reserves the right to invite less than 3 bidders to negotiate for a lot should there be less than 3 bidders interested and pre-qualified for the relevant lot.
2. Registration.
The Authority will be using the Ministry of Justice's eSourcing Portal throughout this procurement. The eSourcing Portal is an online application that allows all Potential Providers to create and submit their responses to any Requests for information, requests for quotes, or requests for proposals via the Internet.
Rather than in paper form (where they have been invited to respond). Potential Providers shall complete a separate RFI for each Lot that they intend to bid for taking into account the mutual exclusivity between lots 1 and 3 (as stated in Section II.1.5).
To express an interest in this event please send an e-mail to stating:
Company name.Your name.
Contact e-mail.
Sourcing reference number.
Whereby the sourcing reference numbers are:
EM Lot 1 - monitoring service = 1660-1-PECS/EM-MC-RFI.
EM Lot 2 - monitoring and mapping software application = 1660-2-PECS/EM-MC-RFI.
EM Lot 3 - monitoring hardware and firmware and software = 1660-3-PECS/EM-MC-RFI.
EM Lot 4 - network = 1660-4-PECS/EM-MC-RFI.
Potential Providers should send one e-mail listing all applicable Sourcing Reference Numbers where there is intent to submit an RFI for more than one Lot.
You will then be sent a non-disclosure agreement that must be signed and returned prior to gaining access to the event. Upon completion, you will be provided with the registration process if you are not already registered on the Ministry of Justice eSourcing portal.
If you are registered on the Ministry of Justice's eSourcing portal, you should go to the portal where you will be asked to update your supplier profile.
Upon completing or updating your supplier profile, you will be granted access to the event.
As stated in Section IV.3.3: once registered on the portal you will be able to download an RFI for each lot. The deadline for registering and obtaining an RFI is 17:00 midday on 5.3.2012. The deadline for completing and submitting the RFI is 12:00 hrs on 14.3.2012.
As stated in Section IV.3.4: requests to participate must be made by completing and returning an RFI by date and time specified in Section IV.3.4 and in accordance with the instructions set out in the RFI. Complete RFIs submitted after the deadline may not be considered.
3. Launch event.
The Authority will host a launch event on or around 28.2.2012. Should bidders wish to attend, the "Launch Event registration form" (obtainable in the Authority's eSourcing portal) should be completed and returned to the Authority via the messaging function in the eSourcing portal by 12:00 hrs on 17.2.2012.
4. Transparency.
HM Government requires that tender documentation issued by government departments for contracts with a value exceeding 10 000 GBP over the life of the contract are published online (http://www.contractsfinder.businesslink.gov.uk) for the general public. The resulting contract shall also be published.
The Authority may use its discretion to redact information to protect key commercial interests or on prescribed grounds. Therefore, bidders who wish information not to be published if successful should secure agreement with the Authority prior to submission. Key commercial interests may include trade secrets and commercial interests which would be prejudiced by publication, following the tests in section 43 of the Freedom of Information Act 2000. http://.
www.justice.gov.uk/guidance/docs/foi-exemption-s43.pdf
The prescribed grounds for redaction are:(a) National security;
(b) Personal data;
(c) Information protected by intellectual property law;
(d) Information which it is not in the public interest to disclose (following the tests under the Freedom of Information Act 2000)
(e) Third party confidential information;
(f) IT security; or
(g) Prevention of fraud.
5. Further provisions.
The Authority shall not be responsible for any costs, charges or expenses incurred by candidates or bidders and accepts no liability for any costs, charges or expenses, irrespective of the outcome of the competition, or if the competition is cancelled or postponed. All dates, time periods and values specified in this notice are provisional and the Authority reserves the right to change these. The Authority reserves the right to not award any contract as a result of this procurement without any liability on its part.
6. Freedom of information.
The Authority is subject to the Freedom of Information Act 2000 (FOIA). Please refer to the RFI which provides further information on the Authority's obligations and duties under FOIA in relation to disclosure of information submitted during this procurement process.
Ministry of Justice
MoJ Procurement Directorate, Clive House, 70 Petty France
SW1H 9EX London
UNITED KINGDOM
Telephone: +44 300047-5900
Internet address: http://www.justice.gov.uk