UK-London: imprisonment services

Request For Proposals

Country:

United Kingdom

City/Locality:

LONDON

Notice/Contract Number:

eu:319757-2009

Publication Date:

Nov 18, 2009

Deadline:

Jan 4, 2010

Buyer:

MINISTRY OF JUSTICE PROCUREMENT DIRECTORATE

Original Language:

English

Address:

MINISTRY OF JUSTICE - PROCUREMENT DIRECTORATE
LONDON, UNITED KINGDOM
United Kingdom

Web Site:

http://www.justice.gov.uk

view in:

Notice Type: 22M0 - Contract notice
Regulation of Procurement: European Communities, with participation by GPA countries
EU Official Journal Publication: 222/2009, #319757-2009
Contract Nature: Service contract
Procedure Type: Competitive dialogue
Type of Bid Required: Global or partial tender
Awarding Criteria: The most economic tender

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CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): Ministry of Justice -
Procurement Directorate, 8th floor, Abell House, John Islip Street, Attn:
Competitions Procurement Programme, UK-London SW1P 4LH. E-mail:
CompetitionsProcurementProgramme@noms.gsi.gov.uk.
Internet address(es):
General address of the contracting authority: http://www.justice.gov.uk.
Address of the buyer profile: https://justice.bravosolution.co.uk/.
Further information can be obtained at: As in above-mentioned contact
point(s).
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained at:
As in above-mentioned contact point(s).
Tenders or requests to participate must be sent to: As in above-mentioned
contact point(s).
I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
Ministry or any other national or federal authority, including their
regional or local sub-divisions.
General public services.
Public order and safety.
Social protection.
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:
Custodial services and works at 5 prisons.
II.1.2) Type of contract and location of works, place of delivery or of
performance: Services.
Service category: No 27.
Main place of performance: HMP Birmingham.
Winson Green Road.
Birmingham.
West Midlands.
B18 4AS.
HMP Buckley Hall.
Buckley Hall Road.
Rochdale.
Lancashire.
OL12 9DP.
HMP & YOI Doncaster.
Off North Bridge Road.
Marshgate.
Doncaster.
DN5 8UX.
HMP Featherstone II.
New Road.
Featherstone.
Wolverhampton.
WV10 7PU.
HMP Wellingborough.
Millers Park.
Doddington Road.
Wellingborough.
Northamptonshire.
NN8 2NH.
NUTS code: UK.
II.1.3) The notice involves: A public contract.
II.1.5) Short description of the contract or purchase(s): The Ministry of
Justice (the 'Authority'), operating through its National Offender
Management Service agency, wishes to procure custodial services and works
at five prisons including HMP Birmingham, HMP Buckley Hall, HMP & YOI
Doncaster, HMP Featherstone II, and HMP Wellingborough. The scope of the
services includes the management, maintenance, and operation of all five
prisons as well as the delivery of programmes to reduce re-offending.
The works element is limited to HMP Wellingborough and includes the
demolition of and construction of secure accommodation and ancillaries.
The services and works for HMP Wellingborough could potentially be
procured through a Private Finance Initiative (PFI) using the design,
build and operate model. It is anticipated that a separate funding
competition will be arranged by the winning bidder. However, the Authority
reserves the right to consider alternative funding and contractual
strategies including, without limitation, a capital injection by the
Authority whether funded by borrowing or otherwise. A requirement of the
PFI is that the contract documents are compliant with HM Treasury (United
Kingdom government) requirements on the standardisation of PFI contracts.
Healthcare and education may be commissioned under this competition but
most likely they will be commissioned separately by the relevant Primary
Care Trust and Learning and Skills Council. The providers of the custodial
services and works will be expected to interface with the health care and
education providers to facilitate their delivery, for example, by ensuring
prisoners are made available on a timely basis.
Interested parties ('Potential Providers') should note that the
Authority’s in-house bid unit (public sector) may bid for one or more of
the lots subject to this competition. Potential Providers should refer to
the Authority’s document called ‘Principles of Competition’ which is
available to download as one of the documents related to the
Pre-Qualification Questionnaire (PQQ).
II.1.6) Common procurement vocabulary (CPV): 75231210, 80530000,
80400000, 80000000, 72222300, 85110000, 85100000, 85000000, 45215100,
92610000, 80520000, 45210000, 45216113, 75231230, 50000000, 55500000,
75231210, 75231200, 75231220, 75231240, 75240000, 75241000, 79000000,
79993100, 79993000.
II.1.7) Contract covered by the Government Procurement Agreement (GPA):
Yes.
II.1.8) Division into lots: Yes.
Tenders should be submitted for: one or more lots.
II.1.9) Variants will be accepted: Yes.
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope: As an indicative value, based on the
award of fifteen year contracts for lots 1-4 and a twenty five year
contract for lot 6 (lot 5 not awarded), the combined value is expected to
be between 1 850 000 000 GBP and 2 300 000 000 GBP. This is represents the
likely maximum value.
Based on the award of seven year contracts for lots 1-5 (lot 6 not
awarded), the combined value is expected to be between 790 000 000 GBP and
970 000 000 GBP. This is represents the likely minimum value.
Estimated value excluding VAT:
Range: between 790 000 000 and 2 300 000 000 GBP.
INFORMATION ABOUT LOTS
LOT NO 1
TITLE: HMP Birmingham
1) SHORT DESCRIPTION: Custodial services at HMP Birmingham including the
management, maintenance and operation of the prison as well as the
delivery of programmes to reduce re-offending.
2) COMMON PROCUREMENT VOCABULARY (CPV): 75231210, 79993000, 75241000,
75240000, 75231240, 75231220, 75231200, 75231210, 50000000, 55500000,
75231230, 80520000, 92610000, 85000000, 85100000, 85110000, 72222300,
80000000, 80400000, 80530000.
3) QUANTITY OR SCOPE: The number of prisoner places provided by the
prison is currently 1 450 but may vary during the contract period. It is
anticipated that the contract period for the prison will be 7 years.
However, the Authority reserves the right to award a contract for up to 15
years depending on the outcome of competitive dialogue. This could result,
for example, in the Authority awarding a contract for 7 years with an
option to extend for a further 5 year period.
Estimated cost excluding VAT:
Range: between 182 700 000 and 478 500 000 GBP.
5) ADDITIONAL INFORMATION ABOUT LOTS: Additional NUTS code - UKG31
(Birmingham).
LOT NO 2
TITLE: HMP Buckley Hall
1) SHORT DESCRIPTION: Custodial services at HMP Buckley Hall including
the management, maintenance and operation of the prison as well as the
delivery of programmes to reduce re-offending.
2) COMMON PROCUREMENT VOCABULARY (CPV): 75231210, 79993000, 75241000,
75240000, 75231240, 75231220, 75231200, 75231210, 55500000, 50000000,
75231230, 80520000, 92610000, 85000000, 85100000, 85110000, 72222300,
80000000, 80400000, 80530000.
3) QUANTITY OR SCOPE: The number of prisoner places provided by the
prison is currently 385 but may vary during the contract period. It is
anticipated that the contract period for the prison will be 7 years.
However, the Authority reserves the right to award a contract for up to 15
years depending on the outcome of competitive dialogue. This could result,
for example, in the Authority awarding a contract for 7 years with an
option to extend for a further 5 year period.
Estimated cost excluding VAT:
Range: between 50 400 000 and 132 000 000 GBP.
5) ADDITIONAL INFORMATION ABOUT LOTS: Additional NUTS code - UKD4
(Lancashire).
LOT NO 3
TITLE: HMP & YOI Doncaster
1) SHORT DESCRIPTION: Custodial services at HMP & YOI Doncaster including
the management, maintenance and operation of the prison as well as the
delivery of programmes to reduce re-offending.
2) COMMON PROCUREMENT VOCABULARY (CPV): 75231210, 80530000, 80400000,
80000000, 72222300, 85110000, 85100000, 85000000, 79993000, 75241000,
75240000, 75231240, 75231220, 75231200, 75231210, 55500000, 50000000,
75231230, 80520000, 92610000.
3) QUANTITY OR SCOPE: The number of prisoner places provided by the
prison is currently 1146 but may vary during the contract period. It is
anticipated that the contract period for the prison will be 7 years.
However, the Authority reserves the right to award a contract for up to 15
years depending on the outcome of competitive dialogue. This could result,
for example, in the Authority awarding a contract for 7 years with an
option to extend for a further 5 year period.
Estimated cost excluding VAT:
Range: between 145 341 000 and 380 655 000 GBP.
5) ADDITIONAL INFORMATION ABOUT LOTS: Additional NUTS code - UKE31
(Doncaster).
LOT NO 4
TITLE: HMP Featherstone II
1) SHORT DESCRIPTION: Custodial services at HMP Featherstone II including
the management, maintenance and operation of the prison as well as the
delivery of programmes to reduce re-offending.
2) COMMON PROCUREMENT VOCABULARY (CPV): 75231210, 80530000, 80400000,
80000000, 72222300, 85110000, 85100000, 85000000, 45215100, 92610000,
80520000, 75231230, 50000000, 55500000, 75231210, 75231200, 75231220,
75231240, 75240000, 75241000, 79993000.
3) QUANTITY OR SCOPE: The number of prisoner places provided by the
prison is currently anticipated to be 2106 but may vary during the
contract period. It is anticipated that the contract period for the prison
will be 7 years. However, the Authority reserves the right to award a
contract for up to 15 years depending on the outcome of competitive
dialogue. This could result, for example, in the Authority awarding a
contract for 7 years with an option to extend for a further 5 year period.
Estimated cost excluding VAT:
Range: between 331 695 000 and 868 725 000 GBP.
5) ADDITIONAL INFORMATION ABOUT LOTS: Additional NUTS code - UKG35
(Wolverhampton).
LOT NO 5
TITLE: HMP Wellingborough - Custodial services and works
1) SHORT DESCRIPTION: Custodial services at HMP Wellingborough including
the management, maintenance and operation of the prison as well as the
delivery of programmes to reduce re-offending. The Authority may wish to
demolish parts of the prison and construct new secure accommodation and
ancillaries. The Authority anticipates that it will procure the works
element itself separately from this competition but reserves the right to
consider alternative contractual strategies without limitation. For
example, the winning bidder may be required to manage the Authority’s
contracts for this work and this may include the novation of the
Authority’s contracts to the winning bidder. In the event that a contract
for lot 6 is awarded, a contract for this lot will not be awarded.
2) COMMON PROCUREMENT VOCABULARY (CPV): 75231210, 45215100, 75231230,
50000000, 55500000, 75231210, 75231200, 75231220, 75231240, 75240000,
75241000, 79993000, 80520000, 92610000, 85000000, 85100000, 85110000,
72222300, 80000000, 80400000, 80530000, 45210000, 45216113.
3) QUANTITY OR SCOPE: The number of prisoner places provided by the
prison is currently 646 but may vary during the contract period. It is
anticipated that the contract period for the prison will be 7 years.
However, the Authority reserves the right to award a contract for up to 15
years depending on the outcome of competitive dialogue. This could result,
for example, in the Authority awarding a contract for 7 years with an
option to extend for a further 5 year period.
Estimated cost excluding VAT:
Range: between 81 900 000 and 214 500 000 GBP.
5) ADDITIONAL INFORMATION ABOUT LOTS: Additional NUTS code - UKF2
(Northamptonshire).
Of lots 5 and 6, only one lot will be awarded.
LOT NO 6
TITLE: HMP Wellingborough - Custodial services and works
1) SHORT DESCRIPTION: Custodial services and works at HMP Wellingborough
including the management, maintenance and operation of the prison as well
as the delivery of programmes to reduce re-offending. The works element
includes the demolition of and construction of secure accommodation and
ancillaries. This lot could potentially be procured through a Private
Finance Initiative (PFI) using the design, build and operate model. It is
anticipated that a separate funding competition will be arranged by the
winning bidder. However, the Authority reserves the right to consider
alternative funding and contractual strategies including, without
limitation, a capital injection by the authority funded by borrowing or
otherwise. A requirement of the PFI is that the contract documents are
compliant with HM Treasury (United Kingdom government) requirements on the
standardisation of PFI contracts. In the event that a contract for lot 5
is awarded, a contract for this lot will not be awarded.
2) COMMON PROCUREMENT VOCABULARY (CPV): 75231210, 80530000, 80400000,
80000000, 72222300, 85110000, 85100000, 85000000, 45215100, 92610000,
80520000, 45216113, 79993000, 75241000, 75240000, 75231240, 75231220,
75231200, 75231210, 55500000, 50000000, 75231230, 45210000.
3) QUANTITY OR SCOPE: The number of prisoner places provided by the
prison is currently 646 but may vary during the contract period. It is
anticipated that the contract period for the prison will be between 15 and
25 years depending on the contractual structure and funding determined
during the competitive dialogue.
Estimated cost excluding VAT:
Range: between 211 500 000 and 434 500 000 GBP.
5) ADDITIONAL INFORMATION ABOUT LOTS: Additional NUTS code - UKF2
(Northamptonshire).
Of lots 5 and 6, only one lot will be awarded.
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 but
company guarantees, including parent company, or performance bonds may be
required. Further details will be outlined in the Invitation to
Participate in Dialogue.
III.1.2) Main financing conditions and payment arrangements and/or
reference to the relevant provisions regulating them: Conditions and other
requirements may be made. Details of financing conditions and payment
arrangements will be outlined in the Invitation to Participate in
Dialogue.
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 prime contractor (which may be an existing company
or special purpose vehicle) or consortium. The prime contractor would be
expected to be a single legal entity. Where a bidder is a consortium, the
Authority may require that each consortium member has joint and several
liability. Where necessary for the performance of the contract, the
consortium may be required to adopt a specific legal form. Joint ventures
or group bids should make clear the status, shares and stakes of all the
partners and the legal entity with whom the Authority would contract. In
the event of a joint venture or group bid, the partners must make clear
how they intend to deliver the services. Restrictions on consortia may
apply and, if so, will be set out in the contract documentation provided.
III.1.4) Other particular conditions to which the performance of the
contract is subject: Yes.
The execution of custodial services is governed by the provisions of the
Criminal Justice Act 1991, as amended by the Criminal Justice and public
Order Act 1994 and the Offender Management Act 2007.
The PQQ and Descriptive Document set out particular conditions that must
be complied with. The Invitation to Participate in Dialogue will also set
further conditions that must be complied with.
A requirement of the PFI is that the contract documents are compliant with
HM Treasury (United Kingdom government) requirements on the
standardisation of PFI contracts.
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 requirements are met: A PQQ must
be completed by parties wishing to participate in the competition. (V1.3
below sets out how to download the PQQ and related documentation).
Potential Providers may tender for any one or more lots. The Authority
reserves the right to consider whether a tender for a combination of lots
represents the most economically advantageous tender overall for such
lots, when compared to tenders for single lots.
III.2.2) Economic and financial capacity: Information and formalities
necessary for evaluating if requirements are met: The minimum level(s) of
standards required are as set out in the PQQ and Descriptive Document.
Potential Providers are to note that a number of criteria will be assessed
on a pass/fail basis. See also III.2.1.
Minimum level(s) of standards possibly required: In the event that a
Potential Provider applies for lots in excess of their financial standing
(based on the anticipated maximum annual value of the lots relative to
annual turnover, liquidity, etc.), the Authority will reduce the number of
lots they are eligible for in consideration of the lot preferences
indicated by the Potential Provider in the PQQ.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met:
See III.2.1.
Minimum level(s) of standards possibly required:
See III.2.1.
III.2.4) Reserved contracts: No.
SECTION IV: PROCEDURE
IV.1) TYPE OF PROCEDURE
IV.1.1) Type of procedure: Competitive dialogue.
IV.1.2) Limitations on the number of operators who will be invited to
tender or to participate: Envisaged minimum number: 3. Maximum number: 6
Objective criteria for choosing the limited number of candidates: The
Authority is seeking a maximum of four Potential Providers for each lot
excluding any public sector bid that may be forthcoming.
It is seeking to limit the number of Potential Providers participating in
this competition overall to 6; also excluding any public sector bid.
However, the Authority reserves the right to include more than six
Potential Providers overall if there are less than 3 Potential Providers
for each lot.
Potential Providers will be selected to participate in the competitive
dialogue for each lot according to the responses given to the PQQ. They
must first meet a minimum threshold to be deemed 'compliant', and will
then be ranked relative to the other Potential Providers in accordance
with the system described in the Descriptive Document.
IV.1.3) Reduction of the number of operators during the negotiation or
dialogue: Recourse to staged procedure to gradually reduce the number of
solutions to be discussed or tenders to be negotiated yes.
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) An electronic auction will be used: No.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.2) Previous publication(s) concerning the same contract: No.
IV.3.3) Conditions for obtaining specifications and additional documents
or descriptive document: Time limit for receipt of requests for documents
or for accessing documents: 4.1.2010 - 12:00.
Payable documents: no.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
4.1.2010 - 12:00.
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up: English.
SECTION VI: COMPLEMENTARY INFORMATION
VI.1) THIS IS A RECURRENT PROCUREMENT: Yes.
Estimated timing for further notices to be published: This Contract Notice
announces the competition of 4 existing prisons and 1 new-build prison in
a programme currently expected to include up to 8 prisons in total. The
timescales for the further competitions are not yet confirmed.
VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU
FUNDS: No.
VI.3) ADDITIONAL INFORMATION: Bidders should note that the Authority’s
in-house bid unit (public sector) may bid for one or more of the lots
subject to this competition. Bidders should refer to the Authority’s
document called ‘Principles of Competition’ which is available to download
as one of the documents related to the PQQ.
The Contracting Authority will be using an eSourcing portal for this
competition which can be accessed at https://justice.bravosolution.co.uk.
Details of how to register and express an interest are set out below. Once
potential bidders have registered and expressed an interest in this
competition they will be able to access the PQQ and related documentation.
Details of how to complete and submit the PQQ can be found within these
documents.
How to register on the eSourcing website:
1. Access the eSourcing website located at
https://justice.bravosolution.co.uk.
2. On the homepage, select the link to ‘register’.
3. Review and accept the terms and conditions and select ‘continue’.
4. Enter your correct business and user details. Please note the username
you chose and select ‘Save’ when complete. You will shortly receive an
email with your unique password (please keep this secure).
How to express an interest in the competition:
1. Log in to the website with the username and password emailed to you.
2. Select the ‘PQQs Open To All Suppliers’ link. (These are
Pre-Qualification Questionnaires or Invitations to Tender open to any
registered supplier).
3. Select the relevant PQQ called ‘Competition for Custodial Services and
Works' to access the documentation for this competition.
4. Select the ‘Express Interest’ button in the ‘Actions’ box on the
left-hand side of the page. This will move the PQQ into your ‘My PQQs’
page. (This is a secure area reserved for your projects only)
5. The PQQ and related documentation can be accessed by selecting the
‘Settings and Buyer Attachments’ in the ‘Actions’ box 3.
6. You can now choose to ‘Reply’ or ‘Reject’ (please give a reason if
rejecting).
7. The ‘Messages’ function can also be used to communicate with the
Authority and seek any clarifications.
8. Please note the deadline for completion and submission of the PQQ and
related documentation.
9. If you require any further assistance please consult the online help,
or contact the eSourcing help desk using the contact details on the
website.
There is no intent to create a contract as to how this process will run.
Subject to law, the Contracting Authority reserves its full rights
including not to award or to amend.
The Authority is not liable for any costs incurred by those either
expressing an interest or engaging in this competition. The Authority
reserves the right to reject all or any bids under this competition and
not award a contract, without any liability on its part. Nothing in this
competition shall generate any contractual obligations prior to the
signature of any contract following this competition.
The Authority reserves the right to enable or require participants to
attend various ‘all bidder’ information and orientation events.
The Freedom of information Act came into force in 2005. 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 the sensitivity as well as the duration of
such sensitivities specified. In such cases the relevant material will in
response to FOI requests, be examined in the light of exemptions provided
for in the Act.
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures: See VI.4.2.
VI.4.2) Lodging of appeals: Precise information on deadline(s) for
lodging appeals: The Authority will incorporate at least a 10 calendar day
standstill period after contract award decisions are taken but before
contracts are signed. At that time information on the bids and the award
of the contract will be communicated to tenderers. This period allows
unsuccessful tenderers to seek further debriefing from the Authority
before the contract is entered into. Applicants have 2 working days from
the notification of the award decision to request certain additional
debriefing and that information which has to be provided a minimum of 3
working days before the expiry of the standstill period.
If questions regarding the award of a contract have not been successfully
resolved the Public Contracts Regulations 2006 (SI 2006 n° 5) 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). Any such action is subject to requirements of prior notice, must
be brought promptly and, in any event within 3 months.
VI.4.3) Service from which information about the lodging of appeals may
be obtained: See VI.4.2.
VI.5) DATE OF DISPATCH OF THIS NOTICE: 16.11.2009.

Please note that this notice is for your information only.
We try our best to have the most accurate and up-to-date information available on our web site, but we cannot guarantee that all of the information provided is error-free.
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UK-London: imprisonment services

Request For Proposals

General Information

Contact Information

Goods, Works and Services

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