Community Justice Learning (Formerly Probation Qualification)

A Contract Award Notice
by MINISTRY OF JUSTICE

Source: OJEU
Type: Contract (Services)
Duration: not specified
Value: £18M

Sector: PROFESSIONAL
Published: 21 May 2021
Delivery: not specified
Deadline: n/a

Concepts

Location

ENGLAND and WALES

Geochart for 2 buyers and 3 suppliers

2 buyers

Ministry of Justice London

3 suppliers

Description

In 2015 the Ministry of Justice (‘MoJ’) conducted a procurement process for the delivery of the Community Justice Learning (CJL) qualification across 6 geographical lots. The lots were awarded as follows: • Sheffield Hallam University (Lots 3 and 4); • Portsmouth University (Lots 1,5 and 6); • De Montfort University (The Gateway Leicester) (Lot 2). A single contract was entered into with each provider (each a ‘Contract’ and together the ‘Contracts’). Each contract was for a term of 6 + 2 years. The MoJ exercised the optional 2-year extensions meaning that each contract was due to expire on 7 April 2022. the MoJ extended each contract by a further 12 months (the ‘Extension’). The MoJ considers the extension to be permitted by with Regulation 72(1)(b) of the Public Contracts Regulations 2015 (PCR) and Article 72(1)(b) of Directive 2014/24/EU. Modification notices have been published in respect of the extension.

Lot Division

1	MoJ conducted a competitive process commencing with the publication of a contract notice on contracts finder (16 October 2015) with reference 4601-1-Professional Services-N-RFP. The procurement was for the six lots as follows: Lot 1: London, Lot 2: Midlands, Lot 3: North East, Lot 4: North West, Lot 5: South East/Eastern, Lot 6: South West, Central and Wales. On 8 April 2016 a Contract for the CJL Qualification was entered into with each successful bidder as follows: • Sheffield Hallam University (for Lots 3 and 4); • Portsmouth University (for Lots 1,5 and 6); • De Montfort University (The Gateway Leicester) (for Lot 2). The scope of services under the Contracts is the delivery and accreditation of a Probation Officer (PO) training programme and other related elements of a CJL qualifications matrix to a number of cohorts of learners. CJL comprises a flexible, adaptable matrix of qualifications for staff working at a variety of levels of responsibility across the community justice sector. The services include the development of course materials which meet the MoJ aims and objectives set out in the regulatory framework. The contracts were for a 4-year initial term with an option to extend for a further 2 years. MoJ exercised its right to extend each of the contracts by 2 years; accordingly the contracts were due to expire on 7 April 2022. The MoJ has extended the Contracts by a further 12 months and therefore they are now due to expire on 7 April 2023.
2	MoJ conducted a competitive process commencing with the publication of a contract notice on contracts finder (16 October 2015) with reference 4601-1-Professional Services-N-RFP. The procurement was for the six lots as follows: Lot 1: London, Lot 2: Midlands, Lot 3: North East, Lot 4: North West, Lot 5: South East/Eastern, Lot 6: South West, Central and Wales. On 8 April 2016 a Contract for the CJL Qualification was entered into with each successful bidder as follows: • Sheffield Hallam University (for Lots 3 and 4); • Portsmouth University (for Lots 1,5 and 6); • De Montfort University (The Gateway Leicester) (for Lot 2). The scope of services under the Contracts is the delivery and accreditation of a Probation Officer (PO) training programme and other related elements of a CJL qualifications matrix to a number of cohorts of learners. CJL comprises a flexible, adaptable matrix of qualifications for staff working at a variety of levels of responsibility across the community justice sector. The services include the development of course materials which meet the MoJ aims and objectives set out in the regulatory framework. The contracts were for a 4-year initial term with an option to extend for a further 2 years. MoJ exercised its right to extend each of the contracts by 2 years; accordingly the contracts were due to expire on 7 April 2022. The MoJ has extended the contracts by a further 12 months and therefore they are now due to expire on 7 April 2023.
3	MoJ conducted a competitive process commencing with the publication of a contract notice on contracts finder (16 October 2015) with reference 4601-1-Professional Services-N-RFP. The procurement was for the six Lots as follows: Lot 1: London, Lot 2: Midlands, Lot 3: North East, Lot 4: North West, Lot 5: South East/Eastern, Lot 6: South West, Central and Wales. On 8 April 2016 a Contract for the CJL Qualification was entered into with each successful bidder as follows: • Sheffield Hallam University (for Lots 3 and 4); • Portsmouth University (for Lots 1,5 and 6); • De Montfort University (The Gateway Leicester) (for Lot 2). The scope of services under the Contracts is the delivery and accreditation of a Probation Officer (PO) training programme and other related elements of a CJL qualifications matrix to a number of cohorts of learners. CJL comprises a flexible, adaptable matrix of qualifications for staff working at a variety of levels of responsibility across the community justice sector. The services include the development of course materials which meet the MoJ aims and objectives set out in the regulatory framework. The contracts were for a 4-year initial term with an option to extend for a further 2 years. MoJ exercised its right to extend each of the contracts by 2 years; accordingly the contracts were due to expire on 7 April 2022. The MoJ has extended the contracts by a further 12 months and therefore they are now due to expire on 7 April 2023.
4	MoJ conducted a competitive process commencing with the publication of a contract notice on contracts finder (16 October 2015) with reference 4601-1-Professional Services-N-RFP. The procurement was for the six lots as follows: Lot 1: London, Lot 2: Midlands, Lot 3: North East, Lot 4: North West, Lot 5: South East/Eastern, Lot 6: South West, Central and Wales. On 8 April 2016 a Contract for the CJL Qualification was entered into with each successful bidder as follows: • Sheffield Hallam University (for Lots 3 and 4); • Portsmouth University (for Lots 1,5 and 6); • De Montfort University (The Gateway Leicester) (for Lot 2). The scope of services under the Contracts is the delivery and accreditation of a Probation Officer (PO) training programme and other related elements of a CJL qualifications matrix to a number of cohorts of learners. CJL comprises a flexible, adaptable matrix of qualifications for staff working at a variety of levels of responsibility across the community justice sector. The services include the development of course materials which meet the MoJ aims and objectives set out in the regulatory framework. The contracts were for a 4-year initial term with an option to extend for a further 2 years. MoJ exercised its right to extend each of the contracts by 2 years; accordingly the contracts were due to expire on 7 April 2022. The MoJ has extended the contracts by a further 12 months and therefore they are now due to expire on 7 April 2023.
5	MoJ conducted a competitive process commencing with the publication of a contract notice on contracts finder (16 October 2015) with reference 4601-1-Professional Services-N-RFP. The procurement was for the six lots as follows: Lot 1: London, Lot 2: Midlands, Lot 3: North East, Lot 4: North West, Lot 5: South East/Eastern, Lot 6: South West, Central and Wales. On 8 April 2016 a Contract for the CJL Qualification was entered into with each successful bidder as follows: • Sheffield Hallam University (for Lots 3 and 4); • Portsmouth University (for Lots 1,5 and 6); • De Montfort University (The Gateway Leicester) (for Lot 2). The scope of services under the contracts is the delivery and accreditation of a Probation Officer (PO) training programme and other related elements of a CJL qualifications matrix to a number of cohorts of learners. CJL comprises a flexible, adaptable matrix of qualifications for staff working at a variety of levels of responsibility across the community justice sector. The services include the development of course materials which meet the MoJ aims and objectives set out in the regulatory framework. The contracts were for a 4-year initial term with an option to extend for a further 2 years. MoJ exercised its right to extend each of the contracts by 2 years; accordingly the contracts were due to expire on 7 April 2022. The MoJ has extended the contracts by a further 12 months and therefore they are now due to expire on 7 April 2023.
6	MoJ conducted a competitive process commencing with the publication of a contract notice on contracts finder (16 October 2015) with reference 4601-1-Professional Services-N-RFP. The procurement was for the six lots as follows: Lot 1: London, Lot 2: Midlands, Lot 3: North East, Lot 4: North West, Lot 5: South East/Eastern, Lot 6: South West, Central and Wales. On 8 April 2016 a Contract for the CJL Qualification was entered into with each successful bidder as follows: • Sheffield Hallam University (for Lots 3 and 4); • Portsmouth University (for Lots 1,5 and 6); • De Montfort University (The Gateway Leicester) (for Lot 2). The scope of services under the Contracts is the delivery and accreditation of a Probation Officer (PO) training programme and other related elements of a CJL qualifications matrix to a number of cohorts of learners. CJL comprises a flexible, adaptable matrix of qualifications for staff working at a variety of levels of responsibility across the community justice sector. The services include the development of course materials which meet the MoJ aims and objectives set out in the regulatory framework. The contracts were for a 4-year initial term with an option to extend for a further 2 years. MoJ exercised its right to extend each of the contracts by 2 years; accordingly the contracts were due to expire on 7 April 2022. The MoJ has extended the contracts by a further 12 months and therefore they are now due to expire on 7 April 2023.

Award Detail

1	Portsmouth University (Portsmouth) Num offers: 1 Value: £10,080,000
2	de Montfort University (Leicester) Num offers: 1 Value: £1,800,000
3	Sheffield Hallam University (Sheffield) Num offers: 1 Value: £6,120,000

Award Criteria

PRICE

CPV Codes

80000000 - Education and training services
80510000 - Specialist training services
80570000 - Personal development training services
80532000 - Management training services

Indicators

Award on basis of price.

Legal Justification

The contract was modified in accordance with Regulation 72(1)(b)/Article 72(1)(b) on 6th November 2020 and accordingly does not in the authority's view amount to the award of a new contract and/or an unlawful substantial change. The modification does not alter the overall nature of the contracts. The further 12-month extension is necessary for the provision of additional services, namely for the completion of cohorts 9 and 10, which each commence during the original permitted contract term but which will not complete before the original expiry date of April 2022, as follows: • Cohort 9 (21-month course): January 2021 commencement and October 2022 completion; • Cohort 10 (15-month course): July 2021 commencement and October 2022 completion; • Cohort 10 (21-month course: July 2021 commencement and April 2023 completion. A change of contractor part way through a cohort cannot be made for economic and technical reasons and would cause significant inconvenience and substantial duplication of costs for the contracting authority. The significant inconvenience and substantial duplication of costs is driven by: — inconvenience to learners during their professional studies – a change in learning provider midway through a course could compromise their ability to qualify on time and achieve the pay rise associated with qualification; — the need to recognise and accredit prior learning if learners move between providers – while there is nationally required content, the individual courses that learners complete are accredited by their institutions. Therefore the transfer of credits and recognition of prior learning would see significant duplication of costs from any new provider; — inconvenience to the MoJ – at a time of significant reform of the probation system, to transfer learners between providers is likely to see a significantly increased workload for National Probation Service staff who supervise Probation Officers vocational training. The estimated price increase does not exceed 50 % of the estimated value of the original contracts. For the purposes of making this assessment the MoJ considered it necessary and proportionate to calculate a notional value of each contract and to assess the increase in estimated value associated with the extension as against this notional value. A notional value was required on the basis that: 1) The values noted in the contract notice and CAN related to the cumulative value of the contracts — therefore the upper estimated value of GBP 13 000 000 was the upper estimated value for all three contracts, with no individual estimates provided for each lot or each contract; and 2) It was always known that it would not be possible to determine in advance an exact value for each contract. Indeed, the contract notice articulated that the final contract price would be subject to change in the future depending on workforce requirements for the Authority, particularly given that volumes against lots were not guaranteed.

Other Information

The original notional value of the procurement was GBP 13 000 000 as explained in Annex D1, broken down as follows: • GBP 4 420 000 for Lots 3 and 4; • GBP 7 280 000 for Lots 1, 5 and 6; and • GBP 1 300 000 for Lot 6. The notional value of the procurement inclusive of the extension is GBP 18 000 000, broken down as follows: • GBP 6 120 000 for Lots 3 and 4; • GBP 10 080 000 for Lots 1, 5, and 6; and • GBP 1 800 000 for Lot 2.

Reference

OJEU 260116-2021