Probation Services Dynamic Framework

The Ministry of Justice (the ‘Authority’) conducts this procurement under the ‘Light Touch Regime’. The Authority seeks to establish a probation services dynamic framework (‘DF’) to purchase services to deliver rehabilitation and resettlement interventions. The DF contains 14 ‘Service Categories’ based on service user needs, cohorts and restorative justice. Interventions will be delivered via call-off contracts let by the Authority and other public sector commissioners (‘Participating Bodies’) at different geographical levels in England and Wales. Suppliers can qualify onto the DF throughout its term. The number of suppliers that can be appointed to the DF is unlimited. Interventions should build skills; respond to individual needs; secure clear outcomes and fulfil the objectives of the Public Services (Social Value) Act 2012. Call-Off Contract lengths will be proportionate to the services being delivered.

The DF will be established to allow the Authority and Participating Bodies to purchase services to deliver rehabilitative and resettlement Interventions. Bidders must pass the selection questionnaire (SQ) to sign the framework agreement and be appointed to the DF. Once appointed, they will be invited to call-off competitions where they are qualified in the relevant service categories and have indicated they would be able to deliver services in the relevant geographical locations.

Over the DF term, the Authority and Participating Bodies can commission or co-commission services which meet the specific and emerging needs within their locality and for service users not directly under probation supervision.

Interventions fall under fourteen (14) DF Service Categories:

(a) accommodation

(b) education, training and employment (‘ETE’)

(c) finance, benefits and debt (‘FBD’)

(d) dependency and recovery

(e) family and significant others

(f) lifestyle and associates

(g) emotional wellbeing

(h) social inclusion

(i) women (this is a ‘cohort’ service category)

(j) young adults (18-25 years old) (this is a ‘cohort’ service category)

(k) black, asian, minority ethnic (this is a ‘cohort’ service category)

(l) restorative justice

(m) cognitive and behavioural change

(n) service user involvement.

It is anticipated that the Authority will procure services to be operational from day one (1) (currently expected to be in June 2021), known as day 1 services. The first call-off contracts will be placed by the Authority via day 1 call-off competitions detailed below. These will focus on interventions to provide support for service users subject to court orders and custodial sentences from pre-release through post-release licence and post sentence supervision to reduce re-offending.

Day 1 call-off competitions are anticipated to be:

(a) call-off competitions with a single service category (run across one or more Geographical Locations); or

(b) call-off competitions which combines two or more service categories (run across one or more Geographical Locations) (Multi Service Category Call-Off Competition).

The day 1 services call-off competitions are anticipated to be for some or all of the following service categories; the Authority currently intends to combine Service Categories (e),(f),(g),(h) into a multi service category call-off competition

• accommodation

• ETE

• FBD

• dependency and recovery.

• lifestyle and associates

• emotional wellbeing

• family and significant others

• social inclusion

• young adults (Wales only) (covering service categories (e), (f), (g) and (h) above)

• women’s services (covering service categories (a) – (h) above).

The DF will operate as an open panel to which eligible suppliers can qualify, providing they meet the qualification criteria, during its term. There is no upper limit on the number of providers who can qualify. Suppliers must qualify for individual service categories.

There will be the option for call-off contracts to be awarded on a national, regional or local level. Suppliers select all the geographical location(s) where they wish to be invited to call-offs for from a predefined list. Suppliers can amend their preferences throughout the term of the DF. The authority reserves the right to promote grant opportunities through the DF to be awarded under separate procedures and not subject to the PCR.

The DF will be available to other Participating Bodies. These include:

• HM Prison and probation service

• national probation service

• HM Prison and probation service Wales

• HM Prisons in England and Wales

• Central Government departments (e.g DWP), their agencies and NDPBs

• Welsh Government

• Police and Crime Commissioners

• Mayor’s Office for Policing and Crime (MOPAC)

• Greater Manchester Combined Authority (GMCA) and other combined authorities in England and Wales

• Health Authorities in England and Wales (including NHS, Public Health England, HMPPS Substance misuse team)

• All Local Authorities in England and Wales.

The DF term is 7 years and may be extended up to three times for additional periods of 12 months each time (in accordance with the terms of the DF and at the authority’s discretion).

The DF term is 7 years and may be extended up to three times for additional periods of 12 months each time (in accordance with the terms of the DF and at the authority’s discretion).

This procurement will be used by several authorities. The authority therefore cannot exclude the possibility that some call-off contracts may be EU funded and this will be indicated at call-off.

See documents ITP A and B for important information and rules on bidding models and supply chain. Consortium bidders must go on to form a special purpose vehicle (SPV) in order to be appointed to the framework agreement for the delivery of services. The Authority reserves the right to apply indexation to the economic and financial standing thresholds applied at SQ stage over the term of the DF.

N/A

Contract performance conditions as stated in the procurement documents.

This is a framework under the Light Touch Regime.

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.

The Authority is using an electronic sourcing portal (‘eSourcing System’), for the procurement. The Invitation to Participate (ITP), which contains the SQ, is available only in electronic format via the eSourcing System Bidders must register the names of all contacts requiring access to the sourcing event and should submit queries via the eSourcing System. The Authority will not contact bidders through any other route.

Qualification for the DF will be an ongoing process throughout the DF term. Suppliers who are unsuccessful in qualifying onto a DF Service Category are permitted three attempts to qualify per service category; if unsuccessful on a third attempt, suppliers will not be permitted to attempt to requalify until a 6 month period has passed from their third submission. This cycle will be repeated as detailed in ITP Part A. All bidders who pass the SQ stage will secure a place on the DF and sign the framework agreement with the Authority. Occasionally, the Authority or a Participating Body may require certain selection criteria (e.g. ISO accreditation or financial tests) which were not tested at SQ stage. Participating Bodies will act proportionately in such instances, and allow sufficient time in their Call-Off Competition for suppliers to be able to compete on a fair basis.

The Crown Commercial Service (CCS) requires tender documentation issued by government departments for contracts exceeding GBP 10 000 over the life of contract are published online at https://www.gov.uk/contracts-finder for the general public. Call-off contracts awarded as a result of this procurement will be published on this website on a quarterly basis, subject to the statutory grounds for redaction as set out in the FOI Act 2000.

In accordance with the Public Services (Social Value) Act 2012, the Authority must consider:

(a) how what is proposed to be procured might improve the economic, social and environmental well-being of the area where it exercises its functions; and

(b) how in conducting the process of procurement it might act with a view to securing that improvement.

Accordingly, the subject matter of the DF and call-off contracts have been scoped to take this into account. These priorities will be reflected in the award evaluation criteria for call-off contracts, to the extent that the Authority and Participating Bodies consider it relevant and proportionate to the subject matter of the Call-off contracts.

The Authority is not committed to any course of action as a result of this notice. It is not liable for any costs incurred including in respect of expressing an interest or in tendering for this opportunity. The Authority reserves the right to abandon or terminate the procurement (or any part of it) at its own discretion. The Authority reserves the right to directly award a call-off contract under PCR Regulation 32 where there is a call-off competition failure.

Important note: This contract notice must be read in full. Suppliers are reminded that participation in this procurement (including any subsequent call-off competitions) will be subject to the terms and conditions set out in the procurement documents and the eSourcing System.