Public procurement notice: Prior Information Notice With Call For Competition
Published: 2018-12-04
Buyer: Ministry of Justice.
Country: UK
Contract type: Services
Procedure: Competitive procedure with negotiation
CPV classification: 75230000 | 75231200 | 75231210 | 75231230 | 75240000
Estimated value: 4000000000 GBP
Submission deadline: 2018-12-17
Award criteria: The most economic tender

Technical requirements: The Ministry of Justice (the “Authority”) operating through Her Majesty's Prison and Probation Service (HMPPS) is seeking to establish a Framework Agreement for the provision of prison operator services in England and Wales.
This notice launches the competition for the provision of prison operator services in England and Wales. The service involves the provision of operational custodial services and facilities management of the prisons. These services are categorised as “social and other specific services” in accordance with Directive 2014/24/EU of the European Parliament and of the Council Article and schedule 3 of the Public Contracts Regulation 2015 (the Regulations), Section 7 of the Regulations applies. The services will fall under the Light Regime of the Directive.
The Framework Agreement will be with the Ministry of Justice operating through Her Majesty’s Prison and Probation Service (HMPPS). Bidders who are successfully admitted to the Prison Operator Framework will be eligible to participate in Mini-Competitions for the provision of custodial services and works at specific prisons.
The first Mini-Competition will be for the management, maintenance and operation of a new build Category C Resettlement Prison in Wellingborough. This prison is scheduled to open in early 2021; to ensure that custodial services and works are in place for this opening, the Mini-Competition for this provision is being launched at a similar time to the competition to let the Framework Agreement. Only bidders who are successfully admitted to the Prison Operator Services Framework Agreement will be eligible for award of the Call-Off Contract to operate HMP / YOI Wellingborough.
Bidders who initially respond to this notice and successfully meet the Authority's minimum criteria stipulated in the Selection Questionnaire (SQ), will be taken through to the next stage of the competition (the Invitation to Participate in Dialogue (ITPD)) for the Prison Operator Services Framework Agreement and be eligible to participate in the Mini-Competition for the award of a contract to operate HMP / YOI Wellingborough.
The operation of current prison contracts (as they expire) and new-build prisons will be considered for competition via the Prison Operator Services Framework Agreement.
The Prison Operator Services Framework Agreement will be for a period of six (6) years. A longer Framework Agreement is required to ensure there are sufficient Mini-Competition opportunities to maximise market interest and sufficient investment opportunity for new entrants.
Variant bids may be accepted as part of Mini-Competitions. This will be confirmed in documentation issued in conjunction with particular Mini-Competitions.
Bidders will be required to demonstrate they have the capability and competency to manage, maintain and operate prisons to be accepted on the Prison Operator Services Framework Agreement.
Further details of the services and process will be set out in the Invitation to Participate in Dialogue (ITPD) documents.
The Authority intends on holding a Bidder Conference in order to encourage bidder awareness and explain the procurement process and requirement. The event will be opened by the Prisons Minister, Rory Stewart OBE, MP and will offer an opportunity to understand how the Prison Operator Services competition aligns with the strategic vision of the Ministry of Justice and Her Majesty’s Prison and Probation Service. This event will be held on 6.12.2018 in London. To register your attendance, please email PETPCompetition@digital.justice.gov.uk
The services being awarded are listed within Schedule 3 of the Public Contracts Regulations 2015 (PCR) and so pursuant to regulation 74 will be subject to the light touch regime under which the Authority is not obliged to comply with the full requirements of the PCR. The Authority will conduct a process similar to competitive dialogue and will comply with its obligations of equal treatment, transparency, non-discrimination and proportionality at all times during the procurement;
All bidders who meet the minimum requirements stipulated in the SQ will be able to compete for acceptance onto the Framework Agreement and submit bids for the following Mini-Competitions;
Economic and Financial assessment will form part of the Selection Questionnaire on a Pass / Fail basis. It will be Potential Providers responsibility throughout the Framework Agreement and subsequent Mini-Competitions to inform the Authority of any material adverse movement in the financial baselines and thresholds which were established in the SQ Stage. Should the criteria set out in the SQ Information and Background, not be met on the basis of this material, the Authority will exclude Potential Providers from the process. Further details of the Authority’s approach are set out in the Selection Questionnaire;
The award for the Framework Agreement will be based on a Bidders ability to satisfy the Authority they have the capability and competency to deliver a safe and secure prison against the requirements in the ITPD Volumes 1-4.


Award value: 4000000000