Appointment of a Registrar and Operation of Register of Judgements

Appointment of a Registrar and Operation of Register of Judgements

Appointment of a Registrar and provision and operation of the statutory Register of Judgements, Orders and Fines for England and Wales.

UK-Ossett: accounting, auditing and fiscal services

2012/S 189-311259

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

MoJ Procurement
Ministry of Justice Category Management Team – North Units 8 & 9 Fryersway
For the attention of: Bruce Charlton
WF5 9TJ Ossett
UNITED KINGDOM
Telephone: +44 1924205710
E-mail: bruce.charlton@noms.gsi.gov.uk
Fax: +44 1924205702

Internet address(es):

General address of the contracting authority: http://www.justice.gov.uk.about/procurement.htm

Address of the buyer profile: http://www.justice.gov.uk.about/procurement

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

General public services
Public order and safety
Social protection
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:

Appointment of a Registrar and provision and operation of the statutory Register of Judgements, Orders and Fines for England and Wales.
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 27: Other services
Main site or location of works, place of delivery or of performance: England and Wales.
NUTS code UK

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

The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)

The proposed contract is for the the appointment of a Registrar and the provision and operation of the Register of Judgments, Orders and Fines for England and Wales under section 98 of the Courts Act 2003 and the Register of Judgments, Orders and Fines Regulation 2005 as amended (“the Register”). This is a service concession contract and the OJEU notice is pubished voluntarily to comply with the government’s transparancy agenda.
II.1.6)Common procurement vocabulary (CPV)

79200000, 79900000

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

The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots

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:

Estimated value excluding VAT:
Range: between 10 000 000,00 and 40 000 000,00 GBP
II.2.2)Information about options

Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Duration in months: 60 (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:

None.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

This is a service concession contract. Details of the financing and conditions and payment arrangements will be outlined in the ITT.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The Authority intends to enter into a contract with a single contractor.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: None.
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: This is a concession contract. The economic requirements will be set out in the Invitation For a Proposal.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
This is a concession contract. The technical capability requirements will be as set out in the Invitation For a Proposal.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure

Open
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 2: and maximum number 20
Objective criteria for choosing the limited number of candidates: Capability and Capacity to deliver the services required as outlined in the Request for Information document.
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 below

1. Method Statement. Weighting 25

2. Service levels and Response. Weighting 25

3. Risk Management. Weighting 15

4. Information, Communication & Technology. Weighting 5

5. Mobilisation. Weighting 7

6. Efficiency. Weighting 8

7. Commercial/Financial/Legal. Weighting 15

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:

1511-1-Professional Services-N-RFP
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

of 18.5.2012

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

Time limit for receipt of requests for documents or for accessing documents: 31.10.2012 – 17:00
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

12.11.2012 – 17:00
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

English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 3 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening tenders

Date: 13.11.2012 – 07:00
Place:

Wakefield.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: yes
Estimated timing for further notices to be published: 4 years
VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information

History.
A ‘Register of County Court Judgments’ was established by Parliament in 1852 and originally maintained by the Lord Chancellor’s Office (a forerunner of the Ministry of Justice). Due to the costs of maintaining the Register in 1985 Registry Trust an independant not for profit company was appointed the Registrar and the register was transferred to it. Following the introduction of the Courts Act 2003 and the inclusion of High Court Judgments in 2006 it was renamed the ‘Register of Judgments, Orders and Fines’.
Purpose of the Register.
The Register is a statutory public register of unpaid court and tribunal money judgments and similar orders, andunpaid fines: see below under “Functions of the Register”.
Current operation of the Register.
The operator distributes data from the Register to credit reference agencies and others, who pay a fee for each search or certified copy of any entry requested. The credit reference agencies collate the information with otherpersonal information for onward sale to the credit industry (banks and other lenders). The information is used to assess the credit worthiness of potential borrowers. Members of the public may also search the Register on payment of a fee.
The purpose of the Register is to maintain accurate and up to date records of the data that is submitted to it. It is vital that there is easy public access to the Register. As information about unpaid judgments can affect decisions about the credit worthiness of a person, companies and banks often conduct checks against the register to establish whether potential customers or clients have a judgment outstanding against them.
For the same reason, when judgments are paid promptly and in full, they must be removed promptly from the Register to ensure the person is not unduly affected. The Register must be easily accessible to enable the persons concerned to assure themselves that this has taken place.The operator also provides related support services to users of the Register.
The following main types of court and tribunal data are collected daily and entered/updated on the Register within 24 to 48 hours of receipt:
— county court judgments and administration orders (a type of insolvency order), received daily from all thecounty courts in England and Wales,
— High Court judgments received daily from all High Court centres in England and Wales,
— fines and child support liability orders, received daily from all the magistrates courts in England and Wales,
— enforced tribunal awards relating to individuals, companies or businesses subject to a tribunal decision underwhich a sum of money is payable, received daily from all tribunals in England and Wales.
In addition, the Registry operates the Employment Tribunal Fast Track Scheme. Under the Scheme, whichwas introduced in 2010, the Registry receives applications for the appointment of a High Court Enforcement Officer (HCEO) in employment tribunal cases where the Respondent has failed to pay the award as ordered.The Registry assigns the cases to HCEOs within 24 hours, liaises with the appointed.
HCEOs to ensure they submit quarterly reports on the outcomes of their enforcement activities, and maintains an accurate and up to date database of Scheme cases.
Market Engagement.
Following the publication of a Prior Information Notice (PIN) on the 18.5.2012, a Market Engagement Event was held at 102 Petty France on the 21.6.2012 this event had the specific objective of bringing together and engaging with potential providers of the service, prior to issuing the OJEU notice.
Any potential provider interested in this tender should register themselves on the Ministry of Justice eSourcing Portal (see below) where they will find further information.
Registration.
The Ministry of Justice eSourcing Portal – Emptoris – will be used throughout this procurement exercise. TheeSourcing Portal is an online application that allows all potential providers to create and submit their responseto any Requests for Information, Requests for Quotes, or Requests for Proposals via the internet rather than inpaper form (where they have been invited to respond).
If you are not registered on the eSourcing Portal please send an email to bruce.charlton@noms.gsi.gov.uk providing the following information:

Organisation Name.
Your Name.
Contact email.
Sourcing Reference Number: e.g. 1511-1-Professional Services-N-RFP.
The buyer will then contact you with the registration process. Once registered please confirm this with bruce.charlton@noms.gsi.gov.uk to ensure that you are added to the event.

If you are already registered on the eSourcing Portal, please contact the relevant buyer expressing your interest in the sourcing event. You will then be notified by email when the sourcing event has been opened.
Transparency.
HM Government requires that tender documentation issued by government departments for contracts exceeding 10 000 GBP over the life of the contract are published online (www.businesslink.gov.uk) for the general public. The contract awarded as a result of this procurement exercise will be published on this website.

The Ministry of Justice may use its discretion to redact information to protect key commercial interests or on prescribed grounds (ie The Freedom of Information Act 2000). Therefore potential providers who wish information not to be published if successful should secure agreements with the Ministry of Justice prior to submission of their bids.
Key commercial interests could include trade secrets or commercial interests which would be prejudicedby publication: see the test in section 43 of the Freedom of Information Act 2000 http://www.justice.gov.uk/guidance/doc/foi-exemption-s43.pdf.

To promote SME engagement all opportunities for contracting with both the Ministry of Justice and the wider public sector are advertised on Contracts Finder which is the single portal for identifying all government opportunities: http://www.contractsfinder.businesslink.gov.uk/.

The Authority may wish to make this contract available for use by the following Contracting Authorities and UK public sector bodies (and any future successors to these organisations).
Central Government Departments, Executive Agencies and NDPBs.
The government departments detailed in the following list may use this contract, which includes ‘the Ministry of Defence and its agencies, trading funds and non departmental public bodies’ as well as any other UK government department listed at the following link:
http://www.direct.gov.uk/en/Dl1/Directories/A-ZOfCentralGovernment/index.htm

The contract and other documents may be awarded and completed in the name of the Lord Chancellor.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Authority will incorporate at least a 10 calendar day standstill period after contract award decisions are taken but before contracts are signed. At that time information on the bids and the award of the contract will be communicated to all participants. This period allows unsuccessful bidders to seek further debriefing from the Authority before the contract is entered into. If questions regarding the award of a contract have not been successfully resolved the bidder may apply to the High Court for relief.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:28.9.2012