Probation Services Dynamic Framework (PSDF) - Additional Day 1 Services

Concepts

• probation services
• psdf
• probation services dynamic framework
• probation service dynamic framework
• service users
• women’s services contracts
• additional day
• psdf contract notice
• community-based services
• support services

Location

United Kingdom: England and Wales

Description

This Contract Award Notice details the award of 17 directly awarded contracts pursuant to the negotiated procedure without prior publication as a result of call-off competition failure under the Probation Service Dynamic Framework. These services provide interventions to support service users subject to court orders and custodial sentences from pre-release licence and post sentence supervision to reduce re-offending. The Ministry of Justice (the ‘Authority’) conducts this procurement under the ‘Light Touch Regime’. Services covered in this notice are; • Seven Personal Wellbeing (PWB) contracts; • Eight Women’s Services contracts (Accommodation; Education Training and Employment; Finance Benefit and Debt; Emotional Wellbeing; Lifestyle and Associates; Family and Significant Others; Social Inclusion; Women's Cohort) • Two Personal Wellbeing (PWB) Young Adults contracts.

Total Quantity or Scope

In June 2020 the Ministry of Justice established the Probation Services Dynamic Framework (PSDF) to allow the Authority and other Participating Bodies to purchase services to deliver rehabilitative and resettlement Interventions. The Dynamic Framework and subsequent Call-Off Competitions are conducted in line with the Light Touch Regime of PCR2015. The Authority have utilised the PSDF to procure a range of services to meet The Authority’s requirements that must be live on Day 1 of delivery which is the 26th June 2021. Information on previously awarded competitions through the PSDF can be found within the PSDF Contract Notice 2020/S 114-277986. 17 of the initially competed PSDF competitions resulted in some call off competition failure. Section VI.3 of the Contract Notice for the DF published on 15 June 2020 gave notice that the Authority could directly award a call off contract pursuant to Regulation 32 of the Public Contracts Regulations 2015 where there is a call off competition failure. Accordingly, after due consideration, the Authority decided to make direct awards in each of these areas pursuant to Regulation 32(2)(a) on grounds of competition failure and Regulation 32(2)(c) (unforeseen extreme urgency). The Authority undertook extensive market engagement in the design of the DF and engaged with tenderers answering clarification questions after the call-off competitions were launched. Suppliers had indicated via the Dynamic Framework that they would be willing to deliver services in the PCC areas with failed bids. There was no indication that one or more competitions would fail and such failures therefore constitute unforeseeable events. Further, these failures have been brought about by conditions of extreme urgency as there is insufficient time to comply with the relevant time limits to re-run these competitions and to enable successful tenderers to mobilise in time for service commencement on 26 June 2021; by reason whereof, direct awards are necessary. … • Seven Personal Wellbeing (PWB) contracts; • Eight Women’s Services contracts (Accommodation; Education Training and Employment; Finance Benefit and Debt; Emotional Wellbeing; Lifestyle and Associates; Family and Significant Others; Social Inclusion; Women's Cohort) • Two Personal Wellbeing (PWB) Young Adults contracts. Additional information: The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020/1319 The Regulation 32 procedure was ‘launched’ in 2021 when the Authority contacted economic operators in relation to the procedure. As the procedure was launched after IP completion day, this Contract Award notice is being published on the UK e-notification service, Find a Tender.

Award Detail

Award Criteria

CPV Codes

• 75231240 - Probation services
• 33693300 - Addiction treatment
• 75110000 - General public services
• 75130000 - Supporting services for the government
• 75200000 - Provision of services to the community
• 75230000 - Justice services
• 75231200 - Services related to the detention or rehabilitation of criminals
• 75231230 - Prison services
• 75310000 - Benefit services
• 79611000 - Job search services
• 80000000 - Education and training services
• 80400000 - Adult and other education services
• 80500000 - Training services
• 80521000 - Training programme services
• 80530000 - Vocational training services
• 85000000 - Health and social work services
• 85300000 - Social work and related services
• 85312300 - Guidance and counselling services
• 85312400 - Welfare services not delivered through residential institutions
• 85312500 - Rehabilitation services
• 85312510 - Vocational rehabilitation services
• 85321000 - Administrative social services
• 85322000 - Community action programme
• 98341100 - Accommodation management services

Legal Justification

The Authority considers the award of the contracts without prior publication of a contract notice is permitted by Regulation 32(2)(a) of the Public Contracts Regulations 2015 on the basis that no and/or no compliant tenders were received in the [17 call-off competitions run under the DF. No bids were received in the following call-off competitions: seven Police and Crime Commissioner (PCC) areas for Personal Wellbeing (PWB) contracts; seven for Women’s Services contracts; and two PCC areas for Young Adults in Wales. No compliant tenders were received for one call-off competition for a Women’s Services contract. Section VI.3 of the Contract Notice for the DF published on 15 June 2020 (see IV.2.1) gave notice that the Authority could directly award a call-off contract pursuant to Regulation 32 of the Public Contracts Regulations 2015 where there is a call-off competition failure. Accordingly, after due consideration, the Authority has decided to make direct awards in each of these areas pursuant to Regulation 32(2)(a) on grounds of competition failure. Further, the Authority relies on Regulation 32(2)(c). The Authority undertook extensive market engagement in the design of the DF and engaged with tenderers answering clarification questions after the call-off competitions were launched. Suppliers had indicated via the Dynamic Framework that they would be willing to deliver services in the PCC areas with failed bids. There was no indication that one or more competitions would fail and such failures therefore constitute unforeseeable events. These failures have brought about conditions of extreme urgency as there was insufficient time to comply with the relevant time limits to re-run these competitions and to enable successful tenderers to mobilise in time for service commencement on 26 June 2021, by reason whereof, direct awards are necessary. The Authority approached potential providers pursuant to a transparent methodology and following further assessment and dialogue made its selection accordingly.

Other Information

** PREVIEW NOTICE, please check Find a Tender for full details. ** The majority of the services within scope of the DF are listed within Schedule 3 of the Public Contracts Regulations 2015 (PCR) and so, pursuant to Regulation 74 of the PCR are subject to the ‘Light Touch Regime’ or 'LTR' under which the Authority is not obliged to comply with the full requirements of the PCR. The DF is described as a framework agreement, but has features of a dynamic purchasing system; it is not subject to either Regulation 33 or 34 of the PCR, and Regulation 28 does not apply to this procurement. This is irrespective of the use of this standard form notice (the Authority is unable to use the LTR notice for technical compatibility reasons). The Authority will comply with its equal treatment, transparency, non-discrimination and proportionality obligations throughout the procurement.