Contract award notice
Results of the procurement procedure
Section I: Contracting
authority
I.1) Name and addresses
The Secretary of State for Justice
102 Petty France
London
SW1H 9AJ
UK
Contact person: Lara Ekujumi
E-mail: lara.ekujumi@justice.gov.uk
NUTS: UK
Internet address(es)
Main address: https://www.gov.uk/government/organisations/ministry-of-justice
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
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
ICT Infrastructure Services Exit Contract.
II.1.2) Main CPV code
72000000
II.1.3) Type of contract
Services
II.1.4) Short description
ICT services to support the management of court services in England and Wales, prior to the transition of those ICT services to the Ministry of Justice's common ICT infrastructure.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
45 000 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
72100000
72200000
72300000
72400000
72500000
72600000
72700000
72800000
72900000
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
ICT services to support the management of court services in England and Wales, prior to the transition of those ICT services to the Ministry of Justice's common ICT infrastructure.
II.2.5) Award criteria
Price
II.2.11) Information about options
Options:
No
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
Given that the scope of the services will be reducing over the term of the contract, the contract value is estimated to be 45 000 000 GBP.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
Explanation
The contracting authority relies on the ground set out within Regulation 32(2)(b)(ii) (Use of negotiated procedure without prior publication) of the Public Contracts Regulations 2015. For technical reasons, the services can be provided only by a particular economic operator. This is the incumbent supplier (Atos IT Services UK Limited) who has been providing the services that form the subject matter of this contract under a contract with the contracting authority for the last 11 years. Existing contracting arrangements ended on the 18th October 2017.
Cognisant of the UK Government's approach to technology to provide better public services for less cost through disaggregating, optimising, and modernising technology, the authority is considering its wider ICT strategy from 2019 onwards.
Whilst a number of the services that formed part of the original contract have been transitioned to the contracting authority's replacement suppliers, a number of services are yet to be transitioned. These services continue to be required for a defined period beyond 18th October 2017, to enable the exit, decommissioning and phased transition of the services to long term replacement suppliers and to give the authority flexibility with respect to the authority's revised ICT strategy from 2019 onwards.
From a technical perspective, it is not feasible to transition the remaining services to a new supplier for a short period in order to complete the exit activity. The exiting services come at the end of a complex, high value, extended contractual relationship. Given this position, it is the authority's view that it is likely that the cost of appointing a different supplier would not only be prohibitive but also that no other supplier would choose to bid for such a short term appointment where services are expected to diminish over the term. The authority has therefore identified the only viable route is to enter into a contract with the incumbent supplier for the provision of a discrete set of services for a period of 12 months, with the option to require run off services for a period of up to 6 months. The maximum term of the contract is 18 months. The terms and conditions of the contract reflect the expected reduction of the services to be provided over the term.
The absence of competition has not arisen as a result of an artificial narrowing down of the parameters of the procurement.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract
Title: ICT Infrastructure Services Exit Contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
08/11/2017
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Atos IT Services UK Limited
4 Triton Square, Regents Place
London
NW1 3HG
UK
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 45 000 000.00
GBP
V.2.5) Information about subcontracting
The contract is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Proportion: 50 %
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Telephone: +44 20794760000
VI.4.2) Body responsible for mediation procedures
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Telephone: +44 20794760000
VI.4.4) Service from which information about the review procedure may be obtained
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Telephone: +44 20794760000
VI.5) Date of dispatch of this notice
20/11/2017