Verbatim Court Recording Service to the Military Court Services

Verbatim Court Recording Service to the Military Court Services

The principal requirement is for VCRs in UK and Germany, but there is also potentially a requirement to support Court proceedings, hearings and inquiries on a global basis.

United Kingdom-Andover: Law-courts-related administrative services

2015/S 132-243539

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Ministry of Defence, C&C
ARMYHQ Commercial Procurement 2, IDL 437, Zone 8, 2nd Floor, Ramillies Bldg, Marlborough Lines, Monxton Road
For the attention of: Clive Raymer
SP11 8HJ Andover
Telephone: +44 1264381326
Fax: +44 1264381218

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)

I.2)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions

I.3)Main activity


I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract


II.1.1)Title attributed to the contract by the contracting authority:

The Provision of a Verbatim Court Recording Service to the Military Court Services (MCS).

II.1.2)Type of contract and location of works, place of delivery or of performance

Service category No 21: Legal services

NUTS code UKJ33

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with a single operator

Duration of the framework agreement

Duration in years: 3

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 500 and 1 000 000 GBP

II.1.5)Short description of the contract or purchase(s)

Law-courts-related administrative services. The Authority has a requirement for the provision of a Verbatim Court Recorder’s (VCR) service at all Service Court proceedings in the Court Martial, the Service Civilian Court and the Summary Appeal Court for the Army, Royal Air Force and Royal Navy (including Royal Marines). The service is also required to cover judicial hearings, Army Board Oral Hearings (OH) and Service Inquiries (SI) convened by the Army. These proceedings, hearings and inquiries are predominantly held at the 5 permanent Military Court Centres (MCCs), four of which are located in the United Kingdom (at Bulford, Colchester, Catterick and Portsmouth) and the fifth at Sennelager in Germany. The principal requirement is for VCRs in UK and Germany, but there is also potentially a requirement to support Court proceedings, hearings and inquiries on a global basis. For instance, in recent years occasional proceedings have been held in Cyprus, Brunei, Belize, Gibraltar, Canada, Kosovo, the Falkland Islands and USA.
The Authority intends to place an Enabling Arrangement to commence on 1.10.2015 for a period of 3 years with an option to extend for a further period of 1 year or part thereof.
The principal task of the VCR is the production of accurate transcripts of all proceedings in Service Courts, at judicial hearings, at Army Board OH and at SI, which will entail:
— The use of current transcription/recording systems, which will be provided and maintained by the contractor.
— The accurate recording of every word spoken at proceedings.
— Identifying speakers and noting the movement of documents and exhibits and the timings of Court, Army Board OH or SI.
— Logging and storage of tapes and provision of assistance to the Court, OH, or SI regarding identification and playback of evidence given.
— The despatch and storage of transcripts.
— Recording and transcribing ‘in chambers’ discussions as required by the judge advocate.
— VCRs tasked on behalf of the MOD should be security vetted to Security Check level.
Verbatim Court Recorders (VCR) must be conversant with:-
— Courtroom procedures
— Common legal terms, including those used in forensic medicine, and Service terminology.
— The layout and contents of standard legal works of reference, e.g. ‘Archbold’, Halisbury Laws of England, Criminal Appeal Reports etc.

— The layout and content of the Manual of Service Law (JSP 830), Volumes 2 (Court Guide) and 3 (Legal Compendium) are to be found at:

— Guides issued by the Judge Advocate General (JAG) and the Military Court Service (MCS) relating to practice, procedure and sentencing.
— Civilian criminal legislation.
The Authority cannot guarantee any level of throughput but as an example of past levels, the data from 2014 indicates 462 Courts Martial and 76 Summary Appeal Courts split between the 5 permanent locations and the ad hoc court in Cyprus.
The company should provide a designated point of contact for the contract to provide out of hours support (i.e. over weekends and bank holidays)
There may be a requirement to produce ‘“real-time”’ transcripts of proceedings.
In accordance with the Data Protection Act and Service law, all transcripts and audio tapes must be retained for 6 years after the completion of the case concerned as they are records of legal documents.
Expression of Interest to participate in this requirement are to be submitted on the DCO by completing the Pre-Qualification Notice (PQQ). Details to access the PQQ can be found under ‘Advertising Regime DCB’. Interested parties are required to complete the PQQ to provide information that allows the Authority to evaluate the suppliers capacities and capabilities. Responses to all questions in Part 1 of the PQQ are to be marked on a Pass/Fail Basis. Economic Operators that are assessed as having failed any of these questions will not be invited to tender for this requirement. Questions in Part 2 of the PQQ will be evaluated using the following scoring matrix — 0-Unacceptable, 1-Serious Concerns, 2-Minor Concerns, 3-Confidence, 5- High Confidence. A minimum score of 3 is required against Section 8 8.1.1 to 8.1.4. Economic Operators that do not achieve these minimum scores will not be invited to tender for this requirement. In the event that more than 6 Economic Operators achieve the minimum scores then only the 6 Economic Operators with the highest scores will be invited to tender for this requirement.
The DRAFT tender documentation loaded with this advert is indicative, for information ONLY and maybe subject to change.
At this stage no formal response is required to the tender.
Deadline for completion of PQQ is 7.8.2015
The Potential Provider’s financial ability to meet this requirement will be assessed on a risk basis and the financial information provided by the Potential Provider in response to Part 1 Form D question 2.1 of the PQQ will be evaluated by the Authority. Factors that will be taken into consideration when evaluating financial information include:
a. Turnover
b. Profitability
c. Liquidity and Working Capital
d. Debt
e. Cash Flow
The Authority will also examine the financial health of the immediate and ultimate parent of the Potential Provider where it is part of a group.
When assessing the financial health of an organisation the Authority will also take into consideration any Auditor’s opinion, for example Qualifications or Emphasis of Matter Statements.
The Authority’s opinion may be validated using credit agencies such as Company Watch.
If examination of the financial information exposes the potential for a Potential Provider to experience financial difficulty in performing the contract, then the Authority will determine the level of risk that it is willing to bear in fulfilling the requirement. Evaluation of the financial information will attract a Pass or Fail risk marking.
PASS — A low or medium financial risk assessment as evaluated by the Authority.
FAIL — A high unacceptable level of financial risk as evaluated by the Authority.

II.1.6)Common procurement vocabulary (CPV)


II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): no


This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

II.2.2)Information about options

Options: yes
Description of these options: I year 2018-2019.
Provisional timetable for recourse to these options:
in months: 12 (from the award of the contract)
II.2.3)Information about renewals

II.3)Duration of the contract or time limit for completion

Duration in months: 36 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
III.2.2)Economic and financial ability
III.2.3)Technical capacity
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: yes
Additional information about electronic auction: Yes. A Reverse Auction, conducted using electronic means, may be used as part of the procurement process for this requirement. Specific relevant information on Reverse Auction usage will be given in the Invitation to Tender.
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:


IV.3.2)Previous publication(s) concerning the same contract

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

IV.3.4)Time limit for receipt of tenders or requests to participate

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
VI.2)Information about European Union funds

VI.3)Additional information

The contracting authority considers that this contract may be suitable for economic operators that are small or medium enterprises (SMEs). However, any selection of tenderers will be based solely on the criteria set out for the procurement, and the contract will be awarded on the basis of the most economically advantageous tender. Suppliers interested in working with the Ministry of Defence should register on the MOD Supplier Information Database (SID) Register, available at The MOD SID is a database of active and potential suppliers available to all MOD and UK Defence procurement personnel, and is the main supplier database of MOD Procurement organisations. Please note: the registration and publication of a company profile on the MOD SID does not mean or imply that the supplier has in any way been vetted or approved by the MOD. Suppliers wishing to compete for advertised MOD contracts must respond to any specific call for competition by submitting a separate expression of interest in accordance with the instructions of the purchasing organisation.

From 2.4.2014 the Government is introducing its new Government Security Classifications Policy (GSC) to replace the current Government Protective Marking Scheme. A key aspect of this is the reduction in the number of security classifications used. All suppliers to the Department are encouraged to make themselves aware of the changes as it may impact on this Requirement. The link below to the website provides information on the new GSC.

The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise.

Advertising Regime OJEU: This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and GO Reference: GO-201578-DCB-6768938.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Ministry of Defence, C&C, C&C
ARMYHQ Commercial Proc2, IDL 437, Zone 8, 2nd Floor, Ramillies Bldg, Marlborough Lines, Monxton Rd, Hants
SP11 8HJ Andover
Telephone: +44 1264381326
Fax: +44 1264381218

VI.4.2)Lodging of appeals

VI.4.3)Service from which information about the lodging of appeals may be obtained

Ministry of Defence, C&C, C&C
ARMYHQ Commercial Proc2, IDL 437, Zone 8, 2nd Floor, Ramillies Bldg, Marlborough Lines, Monxton Rd, Hants
SP11 8HJ Andover
Telephone: +44 1264381326
Fax: +44 1264381218

VI.5)Date of dispatch of this notice:


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