Restructuring Services for the Department of Education

Restructuring Services for the Department of Education

Due to the change in legislation and the implementation of the new insolvency regime the DfE are adopting a standard practice of commissioning an Independent Business Review of FE colleges when necessary. 

United Kingdom-London: Accounting, auditing and fiscal services

2019/S 031-069963

Contract notice


Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses

Department for Education
Sanctuary Buildings, Great Smith Street
United Kingdom
Telephone: +44 8450194170
Fax: +44 2476823675
NUTS code: UKZ
I.2)Information about joint procurement


The procurement documents are available for unrestricted and full direct access, free of charge, at:
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via:
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


Section II: Object

II.1)Scope of the procurement


Restructuring Services for the Department of Education

II.1.2)Main CPV code


II.1.3)Type of contract


II.1.4)Short description:

Provision of restructuring services for the Department of Education: The Government is implementing a new insolvency regime for further education and sixth form colleges (“FE colleges”) in England and Wales, introduced by the Technical and Further Education Act 2017 (the 2017 Act), which received Royal Assent on 27.4.2017. The regime will apply aspects of normal corporate insolvency law to the current 266 colleges that are statutory corporations.

II.1.5)Estimated total value

Value excluding VAT: 9 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: no

II.2.2)Additional CPV code(s)


II.2.3)Place of performance

NUTS code: UKZ
Main site or place of performance:


II.2.4)Description of the procurement:

Due to the change in legislation and the implementation of the new insolvency regime the DfE are adopting a standard practice of commissioning an Independent Business Review (IBR) of FE colleges when necessary. The IBR would look at the financial, educational and estates position of the college and would set this in the context of local and/or regional market and economic conditions [e.g. combined authority, local authority, the local enterprise partnership (LEP) and other stakeholders] to consider cost-effective restructuring solutions.

The driver for delivering a DfE specific IP contract is to meet the need for insolvency advice required as a result of the insolvency regime. However, there is overlap in the IP skills needed across the department and the opportunity is taken to open the contract to other areas of the DfE to secure IP skills and advice. Academy trusts may require access to insolvency advice.

In order to support department interventions and to implement the insolvency regime as intended it is necessary to put in place the infrastructure required to allow financially distressed education providers to be assessed and, if necessary, managed through insolvency. Therefore, we are procuring the following services:

— services of restructuring professionals to conduct Independent Business Review (IBRs),

— services of licenced Insolvency Practitioners (IP) to provide supplementary activity.

If the outcome of an IBR recommends that the education provider should enter an insolvency process, we may also require:

— services of licenced Insolvency Practitioners who can be appointed as Education Administrators.

All suppliers must be able to offer all of the above services and it is a mandatory requirement that all suppliers can provide the services of Insolvency Practitioners. In order to fulfil the above business needs, we will undertake a procurement exercise to establish a panel agreement for Insolvency Practitioners.

A full specification of requirements is available within the tender documentation.

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: 9 000 000.00 GBP

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

Duration in months: 24
This contract is subject to renewal: no

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes
Description of options:

There is an option to extend depending on suppliers performance government priorities and future funding availability.

II.2.12)Information about electronic catalogues

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:

All suppliers must be members of the Association of Chartered Certified Accountants/Institute of Chartered Accountants in England and Wales or equivalent.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

Selection criteria as stated in the procurement documents.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

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

Section IV: Procedure


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: 2018/S 161-368366

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

Date: 11/03/2019
Local time: 12:00
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:

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

IV.2.7)Conditions for opening of tenders

Date: 11/03/2019
Local time: 16:30

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional information:
VI.4)Procedures for review

VI.4.1)Review body

High Court
Royal Court of Justices, the Strand
United Kingdom
VI.4.2)Body responsible for mediation procedures

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

The Contracting Authority will incorporate a minimum 10 calendar day standstill period at the point that information on the award of the contract is communicated to suppliers. Unsuccessful suppliers shall be informed by the Contracting Authority as soon as possible after the decision has been made. If an appeal regarding the award of the contract has not been successfully resolved, The Public Contracts Regulations 2015 (SI 2015 No. 102) provide for aggrieved parties who have been harmed or are at risk of harm by the breach of the rules to take legal action. Any such action must be brought within the applicable limitation period. Where a contract has not been entered into, the Court may order the setting aside of the award decision or order the Contracting Authority to amend any document and may award damages. If the contract has been entered into the Court may, depending on the circumstances, award damages, make a declaration of ineffectiveness, order the Contracting Authority to pay a fine, and/or order that the duration of the contract is shortened. The purpose of the standstill period referred to above is to allow the parties to apply to the Courts to set aside the award decision before the contract is entered into.

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

VI.5)Date of dispatch of this notice: