Community Justice Learning (Formerly Probation Qualification)

Concepts

• education and training
• moj
• publication of a contract notice
• cjl qualification
• community justice learning
• related elements of a cjl qualifications matrix
• probation qualification
• accreditation of a probation officer
• ministry of justice
• community justice sector

Location

England and Wales

Description

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 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 Montford University (The Gateway Leicester) (for Lot 2) (each a ‘Contract’ and together the ‘Contracts’). 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 Ministry of Justice (‘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 Contract Notice and the Contract Award Notice (‘CAN’) included a value range for the Contracts. The upper GBP (£) figure of GBP 13 000 000 quoted within the original Contract Notice and CAN on Contracts Finder was the maximum anticipated, total, real cumulative value of the Contracts for the full 4 + 2 year duration.

Ammendments to Previous Notice

Award Detail

CPV Codes

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

Indicators

• Contract modified due to additional needs.

Legal Justification

The modification is brought about by the need for additional services, namely the extension of the Contract beyond the termination date of 7 April 2022 for the provision of the CJL Qualification for an additional 12 months. The modifications are in accordance with Part 2 of the Public Contracts Regulations 2015 (the ‘Regulations’) which implements Directive 2014/24/EU (the ‘Directive’). The modifications are particularly provided for in regulation 72(1)(b)(additional services) of the Regulations. The Authority considers the modification without prior publication of a Contract Notice is permitted by the Regulations and the Directive. The contract was modified on 6th November 2020 in accordance with regulation72(1)(b)/article 72(1)(b) and does not in the Authority's view amount to the award of a new contract and/or an unlawful substantial change. Please refer to Section VII.1.4 for further details.

Other Information

The MoJ intends to extend the Contracts for a further 12 months (as more fully described in VI.1.4) by reference to Regulation 72(1)(b) of the Public Contract Regulations 2015. Individual Modification Notices will be published in respect of each Contract. For the purposes of assessing whether the conditions with Regulation 72(1)(b) have been satisfied, the MoJ has 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.