Ministry of Justice Tender for Approved Enforcement Agency Services

The Ministry of Justice is running a procurement exercise for the award of a single contract or regional contracts for the delivery of Approved Enforcement Agency services on behalf of HM Courts and Tribunals Service.

United Kingdom-Leeds: Bailiff services

2017/S 149-308751

Contract notice

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Ministry of Justice
Harcourt House, Chancellor Court, 21 The Calls
Leeds
LS2 7EH
United Kingdom
E-mail: Complex.Sourcing@justice.gsi.gov.uk
NUTS code: UKInternet address(es):Main address: https://www.gov.uk/government/organisations/ministry-of-justice/about/procurement

Address of the buyer profile: www.justice.gov.uk

I.2)Joint procurement

The contract is awarded by a central purchasing body

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://ministryofjusticecommercial.bravosolution.co.uk

Additional information can be obtained from the abovementioned address

Tenders or requests to participate must be submitted electronically via: https://ministryofjusticecommercial.bravosolution.co.uk

Tenders or requests to participate must be submitted to the abovementioned address

I.4)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local subdivisions

I.5)Main activity

Other activity: public order and safety; social protection

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

HMCTS — Approved Enforcement Agency.

Reference number: prj_931 – HMCTS – Approved Enforcement Agency

II.1.2)Main CPV code

75242110

II.1.3)Type of contract

Services

II.1.4)Short description:

The Ministry of Justice (MoJ) is running a procurement exercise for the award of a single contract or regional contracts for the delivery of Approved Enforcement Agency services (Services) on behalf of HM Courts and Tribunals Service (HMCTS).

HMCTS is as an executive agency of MoJ providing support for the administration of justice in courts and tribunals. Contracts awarded will be with the Lord Chancellor acting through HMCTS.

The Services reflect the requirements of the Tribunals Courts and Enforcement Act 2007 and other related legislation.

The Services will support HMCTS’ compliance and enforcement operations that ensures financial penalties, as well as a number of other non-custodial penalties and custodial actions are collected and performed. It will support provision of consistent and efficient enforcement processes across England and Wales.

The MoJ intends to award contracts for up to 5 years with options to extend for two further periods of 12 months each.

II.1.5)Estimated total value

Value excluding VAT: 290 120 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: yes

Tenders may be submitted for all lots

Maximum number of lots that may be awarded to one tenderer: 4

The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

The Services will be divided into 7 lots to reflect HMCTS’ regional structure in England and Wales but, to maximise value for money (VfM), MoJ will consider awarding a single, national contract instead if it proves to offer better VfM.

II.2)Description

II.2.1)Title:

Lot 1 — London

Lot No: 1

II.2.2)Additional CPV code(s)

75230000

75242110

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

The services are within scope of the social and other specific services listed in Schedule 3 of the Public Contracts Regulations 2015 (PCR) and shall be awarded pursuant to regulation 74,that is under the light touch regime. The procedure shall follow a procedure similar to the open procedure but with some deviations.

The Authority has split the requirement geographically into 8 potential Lots, with Lots 1 to 7 aligned to the HMCTS Regions (see AEA Specification document for details) and Lot 8 being a National Lot. Whether separate regional contracts are awarded or 1 national contract is awarded will be decided on a value for money basis taking into account any potential discounts offered by the top scoring Potential Suppliers in each lot. Should regional contracts be awarded then the maximum number of contracts that will be awarded to one Potential Supplier is 4.

A pseudo open procedure procurement will be followed to include selection questions in a qualification envelope to select suitable candidates. If successful, only then technical questions will be evaluated and commercial envelope will be considered.

The documentation submitted relating to ‘Financial Standing’ will be examined in terms of completeness/acceptability at the start of the competition and formally assessed following the evaluation stage of each lot. Lots have varying financial pressures and before awarding a contract for a lot the Authority will assess the bidder on pass / fail basis as to its financial standing for that particular lot. The Authority reserves the right not to award any number of lots.

Volume for 2016/17 were:

1) Warrant of Control — 136 354.

2) Warrant of Arrest — 21 422.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 52 530 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: yes

Description of renewals:

Possible 2 further periods of 12 months each.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no

II.2.12)Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

For details of Geographical area covered within this Lot, please refer to the AEA Specification Document on ePortal (BravoSolution).

II.2)Description

II.2.1)Title:

Lot 2 — Midlands

Lot No: 2

II.2.2)Additional CPV code(s)

75230000

75242110

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Volume for 2016/17 were:

1) Warrant of Control — 83 852.

2) Warrant of Arrest — 31 575.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 46 440 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: yes

Description of renewals:

Possible 2 further periods of 12 months each.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no

II.2.12)Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

For details of Geographical area covered within this Lot, please refer to the AEA Specification Document on ePortal (BravoSolution).

II.2)Description

II.2.1)Title:

Lot — 3 North East

Lot No: 3

II.2.2)Additional CPV code(s)

75230000

75242110

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Volume for 2016/17 were:

1) Warrant of Control — 72 554.

2) Warrant of Arrest — 28 671.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 37 130 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: yes

Description of renewals:

Possible 2 further periods of 12 months each.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no

II.2.12)Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

For details of Geographical area covered within this Lot, please refer to the AEA Specification Document on ePortal (BravoSolution).

II.2)Description

II.2.1)Title:

Lot 4 — North West

Lot No: 4

II.2.2)Additional CPV code(s)

75230000

75242110

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Volume for 2016/17 were:

1) Warrant of Control — 77 297.

2) Warrant of Arrest — 31 469.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 36 810 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: yes

Description of renewals:

Possible 2 further periods of 12 months each.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no

II.2.12)Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

For details of Geographical area covered within this Lot, please refer to the AEA Specification Documents on ePortal (BravoSolution).

II.2)Description

II.2.1)Title:

Lot 5 — South East

Lot No: 5

II.2.2)Additional CPV code(s)

75230000

75242110

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Volume for 2016/17 were:

1) Warrant of Control — 135 845.

2) Warrant of Arrest — 30 908.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 61 340 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: yes

Description of renewals:

Possible 2 further periods of 12 months each.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no

II.2.12)Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

For details of Geographical area covered within this Lot, please refer to the AEA Specification Document on ePortal (BravoSolution).

II.2)Description

II.2.1)Title:

Lot 6 — South West

Lot No: 6

II.2.2)Additional CPV code(s)

75230000

75242110

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Volume for 2016/17 were:

1) Warrant of Control — 47 986.

2) Warrant of Arrest — 12 366.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 30 090 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: yes

Description of renewals:

Possible 2 further periods of 12 months each.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no

II.2.12)Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

For details of Geographical area covered within this Lot, please refer to the AEA Specification Document on ePortal (BravoSolution).

II.2)Description

II.2.1)Title:

Lot 7 — Wales

Lot No: 7

II.2.2)Additional CPV code(s)

75230000

75242110

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Volume for 2016/17 were:

1) Warrant of Control — 36 761.

2) Warrant of Arrest — 12 182.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 25 780 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: yes

Description of renewals:

Possible 2 further periods of 12 months each.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no

II.2.12)Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

For details of Geographical area covered within this Lot, please refer to the AEA Specification Document on ePortal (BravoSolution).

II.2)Description

II.2.1)Title:

Lot 8 — National

Lot No: 8

II.2.2)Additional CPV code(s)

75230000

75242110

II.2.3)Place of performance

NUTS code: UK

II.2.4)Description of the procurement:

Volume for 2016/17 were:

1) Warrant of Control Volume — 590 649.

2) Warrant of Arrest — 168 593.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6)Estimated value

Value excluding VAT: 290 120 000.00 GBP

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60

This contract is subject to renewal: yes

Description of renewals:

Possible 2 further periods of 12 months each.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no

II.2.12)Information about electronic catalogues

Tenders must be presented in the form of electronic catalogues or include an electronic catalogue

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no

II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation

III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

List and brief description of conditions:

The procurement exercise will run via the esourcing portal https://ministryofjusticecommercial.bravosolution.co.uk. If your organisation is not already registered then we advise you to register using the above link.

Supplier must have the resources and ability to deliver all requirements included in the requirement document for the duration of the contract period.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

The Authority requires bidders to provide a copy of their audited accounts for the last two years or where an audit is not required by statute, accounts as signed by a director of the company. Where unable to do so, bidders must provide information that will allow the Authority to carry out the assessments for performance (return on capital, return on assets, pre-tax profit and working capital/sales);organisational stability (profitability and solvency); growth management (turnover to contract value ratio); financial stability (gearing and liquidity); efficiency (working capital trade receivable days and working capital trade payable days); other (unqualified/ qualified accounts, senior personnel involved with insolvency proceedings and bank overdraft agreement).This could be in the form of: a statement of the turnover, profit and loss account/ Income statement, balance sheet/ statement of financial position and statement of cash flow for the most recent year of trading for this organisation; a statement of the cash flow forecast for the current year and a bank letter outlining the current cash and credit position; alternative means of demonstrating financial status if any of the above are not available. The documentation submitted relating to the financial standing will be examined for completeness and acceptability at the start of the competition, and formally assessed following the evaluation stage of each lot. Lots have varying financial pressures and before awarding a contract for a lot the Authority will assess the bidder on pass / fail basis as to its financial standing for that particular lot. The Authority reserves the right not to award any number of lots.

III.1.3)Technical and professional ability

Selection criteria as stated in the procurement documents

III.1.5)Information about reserved contracts

III.2)Conditions related to the contract

III.2.1)Information about a particular profession

III.2.2)Contract performance conditions:

Please refer to the ITT and other documents published on our ePortal BravoSolution.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Open procedure

IV.1.3)Information about a framework agreement or a dynamic purchasing system

IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue

IV.1.6)Information about electronic auction

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: yes

IV.2)Administrative information

IV.2.1)Previous publication concerning this procedure

Notice number in the OJ S: 2016/S 163-294426

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 07/09/2017

Local time: 11:00

IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 6 (from the date stated for receipt of tender)

IV.2.7)Conditions for opening of tenders

Date: 07/09/2017

Local time: 11:01

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about electronic workflows

Electronic invoicing will be accepted

Electronic payment will be used

VI.3)Additional information:

Currently the in-scope work is carried out by Civilian Enforcement Officers, employed by HMCTS, alongside existing contracted Approved Enforcement Agencies which undertake activities on behalf of the courts in England and Wales. HMCTS Civilian Enforcement Officers are authorised to execute financial arrest, commitment, Committal to Custody overnight at Police Station Warrants and breach warrants. The Jurisdiction of these Civilian Enforcement Officers is restricted to England and Wales, with individuals carrying out duties within one of seven geographical regions; London, Midlands, North East, North West, South East, South West and Wales.

Under this new contract, MoJ intends to transfer the service of warrants and court orders currently executed by HMCTS Civilian Enforcement Officers to Approved Enforcement Agencies. It is the expectation of HMCTS that said transfer will attract protections under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the HM Treasury guidance ‘Fair Deal for Staff Pensions: Staff Transfer from Central Government’ issued in October 2013.

Contractors shall be subject to the Public Sector Equality duty under the Equality Act 2010 and the Human Rights Acts 1998.

The Crown Commercial Services (CCS) requires tender documentation issued by government departments for contracts exceeding 10 000 GBP over the life of contract are published online at https://www.gov.uk/contracts-finder for the general public. The contract awarded as a result of this procurement will be published on this website, subject to the statutory grounds for redaction as set out in the FOI Act 2000.

Any incumbent provider in the MoJ who is currently providing any relevant service to HMCTS will be asked to sign an Ethical Wall Agreement to be issued by the MoJ.

The MoJ reserves the right to reject all or any tenders and not to appoint a supplier, without any liability on its part. The Authority reserves the right at any time to:

i) Reject any or all responses and to cancel or withdraw this procurement at any stage;

ii) Award a contract without prior notice;

iii) Change the basis, the procedures and the time-scales set out or referred to within the procurement documents;

iv) Require a Potential Provider to clarify any submissions in writing and/or provide additional information (failure to respond adequately may result in disqualification);

v) Terminate the procurement process; and

vi) Amend the terms and conditions of the selection and evaluation process.

Under no circumstances will the Authority or any of its respective advisors be liable for any costs or expenses incurred by Potential Providers and/or its respective advisors arising directly or indirectly from this procurement or termination thereof, including, without limitation, any changes or adjustments made to the procurement documentation, or the exclusion/disqualification of an Potential Provider.

Any discussions and correspondence will be deemed strictly subject to contract until a formal contract is entered into. The formal contract shall not be binding until it has been signed and dated by the duly authorised representatives of both parties.

Please note that a Prior Information Notice (PIN) with reference 2016/S 163-294426 was previously published in the Official Journal of the European Union (OJEU) on 25/08/2016 in respect of this opportunity. The purpose of the PIN was to publicise this opportunity to potential service providers and obtain market feedback. That PIN should not be construed as a call for competition. Therefore, only Potential Providers who submit a response to this Procurement shall be considered for participation in this tender exercise.

In the interests of transparency, the information that was shared with service providers during the PIN will be published with the ITT for this procurement through ePortal (Bravo Solution).

VI.4)Procedures for review

VI.4.1)Review body

High Court of England and Wales
Royal Courts of Justice, Strand
London
WC2A 2LL
United KingdomInternet address:http://www.justice.gov.uk

VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

Any appeals should be promptly brought to the attention of The Evaluation Manager of the Ministry of Justice at the address specified in Section I above, and will be dealt with in accordance with the requirements of the Public Contracts Regulations 2015. Any appeals must be brought within the timescales specified by applicable law, including, without limitation, the Public Contracts Regulations 2015. In accordance with such Regulations, the Ministry of Justice will also incorporate a minimum standstill period of 10 calendar days from the date information on award of the contract is communicated to all bidders by electronic means (a minimum of 15 calendar days applies in the case of communication by any other means).

VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

03/08/2017

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