Operation of Register of Judgements for Ministry of Justice

Operation of Register of Judgements for Ministry of Justice

The proposed contract is for 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”).

UK-Wakefield: accounting, auditing and fiscal services

2012/S 94-155553

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 Category Management Team – North Units 8&9 Fryersway Ossett
For the attention of: Mr Bruce Charlton
WF5 9TJ Wakefield
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

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

The contracting authority is purchasing on behalf of other contracting authorities: no

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

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

Provision and operation of the statutory Register of Judgments, Orders and Fines for England and Wales.
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:

The proposed contract is for 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 Prior Information Notice is published voluntarily as it is intended to procure a services concession.
The purpose of this Prior Information Notice is to notify the market of the Ministry of Justice’s intention to procure the services concession. As background, the Notice sets out the current position with regard to the operation of the Register of Judgments, Orders and Fines for England and Wales. On publication of the invitation to tender the authority will be seeking an outcome based solution which may not necessarily follow the specifics of the existing operation.
Further details are given in section 11.7. Addtional Information below.
Estimated cost excluding VAT:
Range: between 10 000 000,00 and 20 000 000,00 GBP
Lots

This contract is divided into lots: no

II.5)Common procurement vocabulary (CPV)

79200000, 79100000, 79900000

II.6)Scheduled date for start of award procedures

19.10.2012
II.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes
II.8)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 it was transferred to RTL (Registry Trust Ltd) an independent not-for-profit company. 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, and unpaid 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 other personal information for onward sale to the credit industry (banks and other lenders). The information is used assess the creditworthiness 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 the county 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 under which 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, which was 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.
In order to support the impending tender process for the Registration of Judgments, Orders and Fines service the Ministry of Justice is planning to hold a Market Engagement Event. This will be held on 21st June 2012 with the aim of bringing together and engaging with potential providers of the service.
Any potential provider interested in attending the Market Engagement Event should register themselves on the Ministry of Justice eSourcing Portal (see below) where they will find further information about the event.
Registration.
The Ministry of Justice eSourcing Portal – Emptoris – will be used throughout this procurement exercise. The eSourcing Portal is an online application that allows all potential providers to create and submit their response to any Requests for Information, Requests for Quotes, or Requests for Proposals via the internet rather than in paper 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. 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 prejudiced by 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.

The Freedom of Information Act 2000 sets out the statutory grounds for redaction. Please see the Act for further details.
Only documentation related to the award will be published.
Appointment of provider and award of contract.
The Ministry of Justice reserves the right to reject all or any of the bids for the competition and not to appoint any potential provider, without any liability on its part.
Nothing in this OJEU prior information notice shall generate any contractual obligations prior to the signature of a contract following the completion of the tender process.
Requests under the Freedom of Information Act 2000 (FOIA).
Under FOIA, a person may request information from public authorities, including information about contracts. If any organisation considers that any information supplied by them is either commercially sensitive or confidential in nature, this should be highlighted and the reasons for its sensitivity specified. In the event of a FOIA request relating to any such material, the material will be examined in the light of exemptions provided for in the Act and it may be necessary, to comply with the law, for the Ministry of Justice to disclose the information.

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:14.5.2012