Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
Ministry of Justice
102 Petty France
London
UK
Telephone: +44 2033343555
E-mail: moJProcurementLearningandDevelopment@Justice.gov.uk
NUTS: UK
Internet address(es)
Main address: www.gov.uk/government/organisations/ministry-of-justice
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Community Justice Learning (Formerly Probation Qualification)
II.1.2) Main CPV code
80000000
II.1.3) Type of contract
Services
II.2) Description
Lot No: Lot 2
II.2.2) Additional CPV code(s)
80510000
80532000
80570000
II.2.3) Place of performance
NUTS code:
UK
Main site or place of performance:
ENGLAND and WALES.
II.2.4) Description of the procurement
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 two 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.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start:
08/04/2016
End:
07/04/2022
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section V: Award of contract/concession
Lot No: Lot 2
Contract No: con_13670
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
16/10/2015
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor/concessionaire
De Montfort University
The Gateway, Leicester
Leicester
LE1 9BH
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 1 300 000.00
GBP
Section VI: Complementary information
VI.3) Additional 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.
VI.4) Procedures for review
VI.4.1) Review body
High Court of Justice
london
UK
VI.5) Date of dispatch of this notice
18/05/2021
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
80000000
VII.1.2) Additional CPV code(s)
80510000
80570000
80532000
VII.1.3) Place of performance
NUTS code:
UK
Main site or place of performance:
ENGLAND and WALES.
VII.1.4) Description of the procurement
This notice relates to a further 12-month extension to the Lots 2 of De Montfort University contracts, with a new contract expiry date of 7 April 2023.
The authority considers the modifications of the contract without prior publication of a contract notice is permitted by the Public Contracts Regulations 2015 (PCR) and Directive 2014/24/EU. The contract was modified in accordance with regulation 72(1)(b)/article 72(1)(b) on 6 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 contract. The estimated price increase does not exceed 50 % of the estimated value of the original Contract (as against the notional contract values of each contract identified at section V.2.4).
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 12-month extension to the contract will enable current learner cohorts 9 and 10 to complete the CJL qualification with the contractor.
The MoJ published a contract notice on the 4 January 2021 on find a tender service (publication reference: 2021/S 000-000066) for the delivery of the CJL qualification from April 2023.The overlap in contractual terms is so that learners can start and finish their learning with a single provider. This extension provides for the completion of learners in cohorts that start in or before July 2021.
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start:
08/04/2016
End:
07/04/2023
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 500 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
No
VII.1.7) Name and address of the contractor/concessionaire
De Montfort University
The Gateway
Leicester
LE1 9BH
UK
NUTS: UK
The contractor/concessionaire is an SME:
No
VII.2) Information about modifications
VII.2.1) Description of the modifications
The authority has agreed with the contractor to extend the contract beyond the termination date of 7 April 2022 to the 7 April 2023.
The authority has also submitted a contract award notice for publication.
VII.2.2) Reasons for modification
Need for additional works, services or supplies by the original contractor/concessionaire
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:
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 6 November 2020 in accordance with Regulation 72(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.
VII.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 1 300 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 1 800 000.00 Currency: GBP