Data Security and Monitoring Tender

Data Security and Monitoring Tender

Protective Monitoring Service. This Contract Notice covers the procurement of Protective Monitoring (PM) services. Ministry of Justice.

UK-London: Data security software package

2013/S 036-057216

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Ministry of Justice
Ministry of Justice FITS Commercial Team Zone 2.36, 2nd floor 102 Petty France
Contact point(s): FITS Commercial Team
For the attention of: David Williams
SW1H 9AJ London
UNITED KINGDOM
E-mail: fitscommercial@justice.gsi.gov.uk

Internet address(es):

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

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

Further information can be obtained from: Ministry of Justice
Ministry of Justice FITS Commercial Team Zone 2.36, 2nd Floor, 102 Petty France
SW1H 9AJ London
UNITED KINGDOM

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: Ministry of Justice
See above
London
UNITED KINGDOM

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

FITS Protective Monitoring Service
II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 7: Computer and related services
Main site or location of works, place of delivery or of performance: UK – Nationally, to include MoJ Headquarters, HM Prisons, HM Courts and Tribunals centres, Probation Services centres and a range of other locations (over 2,300 nationally).
NUTS code
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)

Following on from the PIN issued in Dec 2011 reference 2011/S 244-396161 for the MoJ FITS Programme this notice is to invite interested parties to express interest in the Protective Monitoring service.

As set out in the PIN and accompanying Prospectus for the Future IT Sourcing Programme (FITS) the MoJ’s current major ICT contracts were negotiated prior to the creation of the MoJ. As a result, the contracts are broadly aligned to business units within the Authority (e.g. NOMS, HMCTS, Headquarters) rather than supporting economic, standard and integrated services across the Authority. These legacy contracts are due to expire in the next few years. The FITS Programme has been established to implement a Service Tower operating model for the delivery of ICT Services across the MoJ and to procure replacement contracts that align with and support this model. This Contract Notice covers the procurement of Protective Monitoring (PM) services.
MoJ does not propose to place any specific constraints on the number or combination of contracts for which any supplier may bid in this and later competitions. However, in order to minimise any conflict of interest, the successful bidder for PM services will be asked to demonstrate appropriate ethical walls are in place between the parts of its organisation responsible for the delivery of PM services and those parts that may be responsible for the delivery of services in other Service Towers. Providers who are considering bidding for other Towers and who might be selected for the PM tower should consider the implications this will have for them. Providers should also take note that the FITS programme intends to use pan-government frameworks for some of the FITS Lots e.g. PSN for Networks, and will need to consider the impact of bidding against MoJ’s requirements within these frameworks if they are also bidding for other Lots in the FITS Programme. Suppliers who are considering bidding for EUC and any other service tower should consider the implications this will have for them, the MoJ and other Service Tower Providers.
The MoJ is seeking to procure a fully managed protective monitoring capability from a single provider.
Whilst the project will not mandate exactly how this capability should be delivered, it is anticipated that it will involve the deployment of equipment and software into other Tower environments, connectivity with these environments, and process interaction with the other Tower providers as well as with MoJ.
Protective Monitoring will be deployed to areas of MoJ’s ICT estate where it can achieve the most value.
This will be determined by the results of risk assessments and reflected in MoJ’s Protective Monitoring policy.
HMG policy mandates that all estates processing protectively marked material must be able to successfully audit themselves and maintain comprehensive system logs. This is also a core requirement for connection to the GSi and PSN secure WAN communities.
Specifically this requires the Ministry to be able to demonstrate compliance with the requirements of the CESG authored Good Practice Guide 13 (‘GPG13′) Protective Monitoring guidance as part of the accreditation and risk management processes.
This notice invites suppliers to respond to the PQQ for this service which can be found here https://esourcing.justice.gov.uk

Please read the instructions on Section VI which details how to respond to the notice.
MoJ intends to invite a minimum of 5 and a maximum of 8 economic operators to tender for this work.
The anticipated length of the contract is expected to be a minimum of 3 years, extendable at the MoJs sole discretion up to a maximum of 7 years.

II.1.6)Common procurement vocabulary (CPV)

48732000, 30200000, 48730000, 48731000, 48732000, 72212730, 72212732, 72500000, 72590000, 72600000

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:

See II.1.5.
Estimated value excluding VAT:
Range: between 5 000 000 and 25 000 000 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: 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:

No Deposits are required. The Authority’s particular Guarantee requirements will be set out in the PQQ (Pre-Qualification Questionnaire).
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Details of financing 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: yes
Description of particular conditions: The Authority will expect suppliers to agree to and sign the Master Services Agreement which is an overarching cooperation agreement governing how suppliers will cooperate with each other and the Authority in the Tower model.
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: Information and formalities necessary for evaluating if the requirements are met: Potential Providers will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006 (as amended) on the basis of information provided in response to the Pre-Qualification Questionnaire (PQQ).
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: The minimum level(s) of standards required are as set out in the Pre- Qualification Questionnaire (PQQ) note that a number of criteria will be assessed on a pass/fail basis.
Minimum level(s) of standards possibly required: See III.2.1 and III.2.2.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
The information required to demonstrate compliance with the minimum standard for reliability having regard to past performance is set out below.
(1) The Potential Providers must supply a list comprising a statement of all the relevant principal goods sold and/or services provided in the previous 3 years by the entity or entities specified in A or B below.
Any reference to a “bidder” or “entity” includes reference to a consortium, where relevant, whether or not the consortium has a legal personality.
The criteria by reference to which the principal goods and/or services have been identified should be stated by the bidder.
A.
The list referred to above must include at least either:
(a) * contracts under which relevant goods and/or services have been provided by the bidder or
(b) a contract (or contracts) under which it has provided relevant goods or services.
Where the bidder is an entity that is continuing an undertaking or undertakings (or any part of an undertaking or undertakings) which were previously conducted by one or more other entities (each a “predecessor entity”), the list of such contracts must include the contracts under which relevant goods and/or services were provided by each predecessor entity.
Alternatively, where the bidder may rely on other entities (including, in the case of a consortium, members of the consortium) to enable it to perform the contract, save as specified below the list must:
(i) describe the function that each such other entity will perform under the contract to be awarded, and
(ii) include at least either:
(a) * contracts in respect of relevant goods and/or services provided by the bidder (or a predecessor body) and * contracts in respect of relevant goods and/or services provided by any other entity (including any member of the consortium) on which the bidder may intend to rely to enable it to perform the contract, or
(b) in respect of the bidder or any other such entity, a contract (or contracts) under which relevant goods and/or services were provided by it and in either case which are relevant to the function that each will perform under the contract to be awarded.
Where the bidder is an entity which has been formed for the particular purposes of bidding for the contract the subject of this Notice, the bidder may comply with paragraph B(ii) above by including in its list contracts under which relevant goods and/or services were provided by those entities on whom the bidder will rely to perform the contract (or their predecessor entities), instead of the bidder itself.
Where it is envisaged that the bidder will rely on one or more sub-contractors to enable it to perform the contract to be awarded to be performed:
in so far as any sub-contractor has not been appointed, the list should describe the function that sub-contractor will perform but need not include any contract by such a sub-contractor, and
in so far as the anticipated value of any particular sub-contract is less than 5 per cent of the total contract value, the bidder need not comply with the requirements in B(ii) above in relation to that particular sub-contract.
(2) The bidder must also provide:
(a) certificates in the form set out in the Annex 1 to the PQQ from those to whom goods and/or services on the list were provided;
(b) if any such certificate cannot be obtained, an explanation of the steps taken to obtain it and why it is not available and a certificate (in the same form) from the entity that provided the goods and/or services instead;
(c) if the certificate does not state that the goods and/or services have been provided satisfactorily in accordance with the terms of the contract in question, information to show that any reason why they were not so provided will not recur in the performance of the contract to be awarded.
(3) In considering whether it is satisfied that the minimum standard for reliability based on past performance is met, the MoJ reserves the right to verify the information required and to require the bidder/consortium to clarify or supplement it.
Minimum level(s) of standards possibly required:
See PQQ Documentation.
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: yes

Section IV: Procedure

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

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

Envisaged minimum number 5: and maximum number 8
Objective criteria for choosing the limited number of candidates: Selected Potential Providers will be issued an ITT following evaluation of responses to the PQQ. The MoJ will rank Potential Providers relative to one another and it will then select a minimum of 5 and a maximum of 8 Potential Providers who will be issued with an ITT:
1) Subject to bullet 2 below Potential Providers must pass the minimum threshold (as set in the PQQ);
2) In the event that less than 5 Potential Providers pass the minimum threshold then the MoJ reserves the right to select the 5 top scoring Potential Providers or cancel the procurement;
3) In the event that more than 8 Potential Providers exceed the minimum threshold then the MoJ will only select the 8 highest scoring Potential Providers.
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: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:

2950-2- ICT-ICT-FITS Protective Monitoring PQQ.
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

of 16.12.2011

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

18.3.2013 – 11:59
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
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no
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

The Authority held Market Engagement activities in January 2013 prior to issuing this notice the details of which are available to download from this esourcing portal.
The Ministry of Justice will be performing events through its eSourcing Portal. The eSourcing Portal is an online application that allows all potential suppliers 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 (there will be some instances where paper responses will be required). If you are not already registered on the eSourcing Portal please send an email to the relevant contact as stated in the notice/advert:
FITScommercial@justice.gsi.gov.uk

Stating:
Company Name.
Your Name.
Contact email.
Sourcing Reference Number: 2950-2-ICT-ICT-FITS Protective Monitoring PQQ
The buyer will then contact you with the registration process.
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 requirements:
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
(www.contractsfinder.businesslink.gov.uk) 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.
SMEs:
EN Standard form 02 – Contract notice 12 / 16
Small to Medium Enterprises (SMEs) are encouraged to express an interest in participating in the competition.
This is consistent with the Government’s intention to increase the role of SMEs in its supply chains in order to encourage efficiency and innovation. Accordingly, SMEs are invited to complete PQQs with details forwarded to qualifying contractors.

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 a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers.
This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. If an appeal regarding the award of the contract has not been successfully resolved, The Public Contracts Regulations 2006 (as amended) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:15.2.2013