Voluntary Transparency Notice (VTN) for Civil Service learning and development services contract award

Concepts

• education and training
• replacement learning and development services
• learning
• learning and development services
• the relevant learning and development services
• civil
• public works contracts
• prior publication
• technical reasons
• summer

Location

LONDON

Description

This VTN sets out the Cabinet Office's intention to award a contract to KPMG LLP for the delivery of learning and development services between July 2024 and October 2025. The estimated value of the contract is £186,000,000 (ex. VAT). The Cabinet Office intends to observe a voluntary standstill period of at least 10 days from the date of publication of this VTN and will not enter into the contract during that period. The Cabinet Office considers that the award of this contract is permitted pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 (PCR). Regulation 32(2)(b)(ii) of the PCR permits the use of the negotiated procedure without prior publication for public works contracts, public supply contracts and public service contracts where the works, supplies or services can be supplied only by a particular economic operator because competition is absent for technical reasons, but only where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. The Cabinet Office's view is that the services covered by the contract can be supplied only by KPMG LLP because competition is absent for technical reasons and no reasonable alternative or substitute exists. Our view is that no alternative provider could take over the provision of the relevant learning and development services from the point that these services are required in July 2024 as there is insufficient time for transition to another provider to take place. This absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. The Cabinet Office is preparing to conduct a new procurement exercise for replacement learning and development services beyond October 2025, which is expected to formally commence during Summer 2024. Following various market engagement events between March 2023 and November 2023, the Cabinet Office issued a prior information notice in relation to the proposed procurement exercise on 2 May 2024 (reference 2024/S 000-014162).

Award Detail

CPV Codes

• 80000000 - Education and training services

Indicators

Legal Justification

This VTN sets out the Cabinet Office's intention to award a contract to KPMG LLP for the delivery of learning and development services between July 2024 and October 2025. The estimated value of the contract is £186,000,000 (ex. VAT). The Cabinet Office intends to observe a voluntary standstill period of at least 10 days from the date of publication of this VTN and will not enter into the contract during that period. The Cabinet Office considers that the award of this contract is permitted pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 (PCR). Regulation 32(2)(b)(ii) of the PCR permits the use of the negotiated procedure without prior publication for public works contracts, public supply contracts and public service contracts where the works, supplies or services can be supplied only by a particular economic operator because competition is absent for technical reasons, but only where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. The Cabinet Office's view is that the services covered by the contract can be supplied only by KPMG LLP because competition is absent for technical reasons and no reasonable alternative or substitute exists. Our view is that no alternative provider could take over the provision of the relevant learning and development services from the point that these services are required in July 2024 as there is insufficient time for transition to another provider to take place. This absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. The Cabinet Office is preparing to conduct a new procurement exercise for replacement learning and development services beyond October 2025, which is expected to formally commence during Summer 2024. Following various market engagement events between March 2023 and November 2023, the Cabinet Office issued a prior information notice in relation to the proposed procurement exercise on 2 May 2024 (reference 2024/S 000-014162).