Compliance and Enforcement Services for Ministry of Justice

Compliance and Enforcement Services for Ministry of Justice

Details for requesting a prospectus for bidding.

UK-London: Business services: law, marketing, consulting, recruitment, printing and security

2013/S 040-064209

Prior information notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

MoJ Procurement
Ministry of Justice, 1st Floor (1.17), 102 Petty France
Contact point(s): HMCTS Compliance and Enforcement Services Project Team
SW1H 9AJ London
UNITED KINGDOM
E-mail: ces.project@hmcts.gsi.gov.uk

Internet address(es):

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

Address of the buyer profile: http://www.justice.gov.uk/about/hmcts/index.htm

Further information can be obtained from: 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

Section II.B: Object of the contract (Supplies or services)

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

Compliance and Enforcement Services
II.2)Type of contract and place of delivery or of performance

Service category No 27: Other services
England and Wales.
NUTS code UK

II.3)Information on framework agreement
II.4)Short description of nature and quantity or value of supplies or services:

This Prior Information Notice (PIN) has been prepared and issued as an update to Prior Information Notice 2012/S 141-235794 published on 25.7.2012.
There are two significant changes to the information published in the previous PIN.
The first is the intention to only procure the Compliance and Enforcement services (the “services contract”). The services contract will be procured through a stand alone competitive process (rather than via a call off from a framework as noted in the previous PIN that included the procurement of other requirements that may now form part of another competition).
The second is that the services contract will be procured through the “Negotiated” procedure and not the “Competitive Dialogue” procedure.
The Ministry of Justice (MoJ) reserves the right, at its sole discretion, to alter the competition details envisaged in this PIN and associated material or to terminate this competition. The information provided is therefore a current best estimate and key information will be shared with bidders early in the formal competition process.
The services contract will be capable of being used by Other Government Departments to deliver similar services.
Her Majesty’s Courts and Tribunal Service (HMCTS) was created on 1.4.2011. It brought together Her Majesty’s Courts Service and the Tribunals Service into one integrated agency providing support for the administration of justice in courts and tribunals. HMCTS is an agency of the MoJ and any contract awarded would ultimately be with the MoJ.
The agency employs 21,000 staff and operates from around 650 locations. It has a gross annual budget of around GBP 1.7 bn, approximately GBP 585 m of which is recovered in fees and income from service users. It handles over 2,000,000 criminal cases, 1,800,000 civil claims, more than 150,000 family law disputes and almost 800,000 tribunal cases annually.
Financial impositions account for a significant amount of the criminal courts’ business with both Crown Courts and Magistrates’ Courts able to dispose of a case by way of a financial imposition. In the year to June 2012, around 66 % of all offenders were sentenced by way of a fine. In this period there were a total 827,763 offenders sentenced to a fine, 825,994 of which were sentenced in the Magistrates’ Courts and 1,769 in the Crown Courts.
In the financial year of 2011-12, GBP 385 m of fines and related awards were imposed in the criminal courts and GBP 279 m were collected. The average Magistrates’ Court fine is currently GBP 175 and the average Crown Court fine is currently GBP 3,000. Of the financial impositions imposed in April 2011 approximately 40 % had been collected by the end of January 2012, similarly of those confiscation orders granted in the financial year 2011-12 approximately 40 % have been recovered.
As of March 2012 there was approximately GBP 593 m in outstanding fines and related awards, this constitutes the combined amount over a number of years that has not been collected, rescinded or cancelled.
Confiscation Orders can be granted by the Crown Court, following a financial investigation into the assets of an offender, and are made by the court for the payment of monies which are deemed to be the benefits of an individual’s criminal activities. During 2011-12 a total of 6,269 confiscation orders were granted and HMCTS is currently leading on the enforcement of 5,519 (88%). The value of orders granted during 2011-12 was GBP 187 m, of which HMCTS is currently leading on the enforcement of GBP 74 m (40 %). HMCTS is the Enforcement Authority for every order granted and act as the Lead Enforcement Agency for all Confiscation Orders, unless;
— a restraint order is in place;
— an enforcement receiver is likely to be required;
— where the order has been obtained by the Serious Fraud Office; or
— where there is uncertainty about who should enforce the order and it is referred back to the originating Prosecution Agency for their views.
Due to the above, HMCTS tend to lead on the enforcement of low value orders; however, HMCTS is responsible for the overall management of all orders and therefore currently takes responsibility for all of the associated outstanding debt. HMCTS is also responsible for checking all orders received are accurate, determining which agency will lead on the enforcement of the order, accounting for all payments received, processing payments made including compensation and receivers fees and setting up confiscation hearings at the Magistrates’ Court regardless of whether it is the Lead Enforcement Agency. In addition where HMCTS is the Lead Enforcement Agency, it makes initial contact with the offender to confirm that the order has been made and advising them of the payment terms and payment mechanisms and contacting the offender prior to the expiry of the time to pay period to remind them of the payment terms.
In the most recently published Home Office statistics for the period 2010, the police issued 1.85 m non-endorsable and endorsable Fixed Penalty Notices (FPNs) for vehicle and roadside related offences with HMCTS processing the payment of approximately 1.65 m (89.3 %) notices and registering 147,374 (8 %) of unpaid notices as fines. In the period ending June 2012 the police issued 114,971 Penalty Notices for Disorder (PNDs) with HMCTS processing the payment of 61,427 (53 %) of notices and registering 42,847 unpaid notices as fines.
HMCTS has responsibility for the collection and processing of all associated payments as a result of issued FPNs and PNDs, the endorsement of driving licences where applicable and the registration as a fine of all those notices which remain unpaid after the statutory payment period expires. In addition to roadside issued FPNs, Fixed Penalty Offices also deal with the processing of payments and the endorsement of driving licenses for notices issued as a result of speed limit contraventions detected via police managed fixed cameras and mobile safety camera vans.
HMCTS is responsible for publishing an annual Trust Statement which accounts to Parliament for the collection of revenues that are due to be paid to HM Treasury. The Trust Statement includes the value of fines and confiscation orders imposed by the judiciary; fixed penalties imposed by the police; the value of collections; the balance paid over to third parties, including the victims of crime, the Home Office and HM Treasury; and the balance of outstanding impositions.
The main activities associated with Compliance and Enforcement services are:
— Contact centre activities associated with inbound and outbound calls,
— Managing correspondence both inbound and outbound,
— The setting and managing of Court Act sanctions to elicit payment,
— Obtaining and processing payments,
— Accounting and financial management,
— Setting and varying time to pay arrangements,
— Pro-active debt management and tracing activity,
— Obtaining and verifying financial information,
— Verifying defendant identity details and pursuing hard to trace debt,
— The issuing and management of warrants both to in-house Civilian Enforcement Officers (CEOs) and contracted Approved Enforcement Agencies (AEAs),
— Managing the process for returning cases to court for appeal.
For several years it has been HMCTS’ aspiration to move to a more effective and efficient compliance led financial imposition collection service. The current costs to Government of collecting financial penalties can be disproportionate to the value of the fine revenue recovered.
In order to satisfy the objectives and requirements for Compliance and Enforcement services the commercial approach currently envisages the award of a services contract to a single supplier (which could be a single organisation or a consortium). The procurement will be undertaken in accordance with the Public Contracts Regulations 2006 (as amended) (SI2005/5) following the “Negotiated” procedure.
The proposed contract term is five years with two options to extend, each of two years duration (maximum length nine years).
Any organisation wishing to bid for the services contract will need to demonstrate that they have sufficient capital funding in order to deliver any assets that they propose to provide as part of their bid. The expectation is that these assets would not appear on the MoJ’s balance sheet.
Any data provided by the MoJ in connection with the services contract would at all times remain the ownership of MoJ and any Intellectual Property Rights (IPR) developed to manage or enhance the data would be expected to become the property of MoJ.
Estimated cost excluding VAT:
Range: between 0,01 and 675 000 000 GBP
Lots

This contract is divided into lots: no

II.5)Common procurement vocabulary (CPV)

79000000, 48000000, 48400000, 48600000, 48800000, 51000000, 51600000, 66000000, 66100000, 66170000, 66600000, 72000000, 72200000, 72300000, 72500000, 72510000, 72590000, 75000000, 75100000, 75110000, 75130000, 75200000, 75230000, 75231000, 75231100, 75240000, 75242000, 75242110, 75300000, 79100000, 79130000, 79140000, 79200000, 79400000, 79410000, 79411000, 79411100, 79420000, 79421000, 79500000, 79700000, 79710000, 79714000, 79800000, 79900000, 79940000, 79990000, 79996000, 79999000, 85000000, 85300000, 85310000, 85312000, 85312310, 98000000

II.6)Scheduled date for start of award procedures
II.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes
II.8)Additional information:

Prospectus and Market Engagement:
If you are interested to learn more about our requirements and the potential contract opportunities please request a Prospectus by sending an e-mail to “CES.Project@hmcts.gsi.gov.uk” quoting the reference “2925-2-Projects-MC-RFI”.

We are also intending to undertake further market engagement during early 2013. If you wish to participate in the market engagement then you should register your interest when requesting a copy of the Prospectus. The aim of the market engagement is to visit reference sites which have gone through a similar change process to that envisaged for Compliance and Enforcement services. The intention would be for representatives from HMCTS to visit the reference sites to gain a greater understanding of how these changes were managed to inform our approach to structuring the competition.
Award of Contract:
The Ministry of Justice reserves the right to reject all or any of the bids for the competition and not to award a contract to any potential provider, without any liability on its part. Nothing in the OJEU Prior Information Notice shall generate any contractual obligations prior to signature of a contract following a competition.
Transparency:
HM Government requires that tender documentation issued by government departments for contracts with a value exceeding GBP 10,000 over the life of the contract are published online (https://www.gov.uk/contract-finder) for the general public. The resulting contract shall also be published.

The Ministry of Justice 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 Ministry of Justice prior to submission. Only documentation relating to awarded contracts will be published.
Key commercial interests would be 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.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.2)Conditions for participation
III.2.1)Information about reserved contracts

Section VI: Complementary information

VI.1)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:
VI.3)Information on general regulatory framework

VI.4)Date of dispatch of this notice:21.2.2013