FITS Data Centre Services for Ministry of Justice

FITS Data Centre Services for Ministry of Justice

The scope of the Hosting and EUC Towers, as described in the PIN, have been amended, separating out Data Centre Services. This Contract Notice covers the procurement of Data Centre Services.

United Kingdom-London: IT services: consulting, software development, Internet and support

2013/S 132-228821

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

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

MoJ Procurement
Ministry of Justice, ICT Procurement, 2nd Floor, 102 Petty France
For the attention of: Russell Turner
SW1A 9AJ London
Telephone: +44 2033343227

Internet address(es):

General address of the contracting authority:

Address of the buyer profile:

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
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:

FITS Data Centre Services
II.1.2)Type of contract and location of works, place of delivery or of performance

Service category No 7: Computer and related services
Main site or location of works, place of delivery or of performance: Throughout the UK, to include MoJ Headquarters, HM Prisons, HM Courts and Tribunals centres, Probation Services centres and a range of other locations.
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)

As set out in the MoJ’s 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 MoJ (e.g. NOMS, HMCTS, Headquarters) rather than supporting economic, standard and integrated services across the MoJ. 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.
The scope of the Hosting and EUC Towers, as described in the PIN, have been amended, separating out Data Centre Services. This Contract Notice covers the procurement of Data Centre Services. A separate Contract Notice was issued for Hosting Services on 31/05/2013 reference 2013/S 104-178628, with additional information issued to amend this Contract Notice on 19/06/13 reference

2013/S 117-199832. Separate Contract Notice(s) will be issued for the EUC Tower, at a later date.

Data Centre Services:
The MoJ is looking for a strategic partner to provide Data Centre Services that are likely to include the following:
— Provision of secure (IL3, IL4 with future potential for IL5) Data Centre Services from at least two data centres, sufficiently separate so as to mitigate loss of both facilities through an event affecting a wide geographic area, but close enough to allow synchronous replication of data.
— Environments and services with the flexibility to increase or decrease the volume of the service during the contract term.
— Physical security relating to the Data Centre Services.
— ITIL service wrap and interface with the SIAM Supplier and other FITS Tower Suppliers.
— Utility based charging (paying only for what is used) with separation of space from power charges.
— Facilities for use by other MoJ suppliers, – i.e. goods in/out, storage, office facilities, boarding/build.
— Fit out of the data centre facilities including but not limited to, racks, power distribution and structured cabling (copper and fibre).
The Data Centre Supplier may also be required to provide cross site connectivity between the data centres in the form of multiple dark fibre cores or wavelengths
The volume of rack space required will be defined by the parallel competitions for the other FITS Services, in particular Hosting and EUC.

II.1.6)Common procurement vocabulary (CPV)

72000000, 30000000, 31000000, 32000000, 48000000, 50000000, 51000000, 72514000

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

The contract is covered by the Government Procurement Agreement (GPA): yes

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:

Please refer to the PQQ Descriptive Document for further details of Data Centre Services and the scope of the contract. Estimated value range below is for running costs for the initial 3 year contract duration, however changes agreed over the duration of the contract may result in a decrease or increase to this estimated value.
Estimated value excluding VAT:
Range: between 12 000 000 and 24 000 000 GBP
II.2.2)Information about options

Options: yes
Description of these options: The MoJ plans to enter into a contract with an initial duration of three years with the option for the MoJ to extend this by one or more periods up to a maximum duration of five years. The period of any individual extension will be a minimum duration of 12 months.
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 MoJ’s particular Guarantee requirements will be set out in the Pre-Qualification Questionnaire (PQQ).
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 Invitation to Tender (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 either a single contractor or prime contractor (which may be an existing company or special purpose vehicle). The prime contractor would be expected to be a single legal entity.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: See PQQ Descriptive Document.
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: 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.
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
See III.2.1 and III.2.2 above.
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

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 Invitation to Tender (ITT) following evaluation of responses to the Pre-Qualification Questionnaire (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 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 those that did pass the minimum threshold, 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:

3183-2-ICT-ICT-FITS Data Centre Services
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

Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate

6.8.2013 – 12:00
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

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: yes
Estimated timing for further notices to be published: Within 2 years of award
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 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 (although there may be some instances where paper responses will be required).
If you are not already registered on the eSourcing Portal, or if you are already registered on the eSourcing Portal and wish to access the FITS Data Centre Services PQQ event, please send an email to the relevant contact as stated in the notice/advert:

— company name,
— your name,
— contact email.
Sourcing Reference Number: 3183-1-ICT-ICT FITS Data Centre Services PQQ
The MoJ will then contact you with the registration process and/or instructions for registered suppliers interested in participating in this procurement.
Transparency requirements:
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 ( 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.

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.
Conflicts of interest:
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 within the FITS programme. However, in order to minimise any conflict of interest if the successful bidder for Data Centre Services is also awarded another contract under the FITS Programme, the successful bidder will be asked to demonstrate appropriate ethical walls are in place between the parts of its organisation responsible for the delivery of Data Centre Services and those parts that may be responsible for the delivery of services under the other contract(s). Suppliers who are considering bidding for Data Centre Services and any other competitions under the FITS programme should consider the implications this will have for them, the MoJ and other Service Suppliers. MoJ will need to be satisfied that the proposed measures to be put in place to avoid any conflict are suitable and effective.
SMEs: 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 and in the event that SMEs are not successful in their own right, SMEs will be given the option of their details being forwarded to qualifying suppliers.

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 MoJ 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:5.7.2013