Find a TenderAwarded without competition
Published 10 Aug 2023, 16:18 BST

Official UK procurement notice

Application Maintenance and Support services

Official notice

Authority: Ministry of Justice (Central government)·Consortium: 2 public authorities

ServicesAward procedure without prior publication of a call for competition
Sectors: IT Services & Software (72) Delivery: UK
Awarded value£60,340,000published contract · exc. VAT
Awarded 25 Aug 2023no call for competition
Awarded to CGI IT UK Limited2 awards

What is being bought

Published requirement description

The supply of Application maintenance and support services.

CPV: IT services: consulting, software development, Internet and support

The lotProcurement structure

single lot · no lot value published
Lot #1O provide:Awarded

o provide:

i) application maintenance and support for ~35 business-critical applications the majority of

which are used by HM Courts and Tribunal Service; and

ii) potential application development and enhancement services, as and when required. The

applications vary in size, complexity, component technologies, user numbers, interfaces with

other applications, security requirements, service and support hours, business criticality and

hosting arrangements. Most of the applications are classed as "heritage applications" due to

their age. Many are business critical case management or case progression systems used by

the courts and are typically complex and bespoke. Applications may be removed from scope

as they are retired or replaced under new supplier arrangements.

Delivery: UK · Nationally to include MoJ headquarters, HM Courts and tribunals

Procedure terms & legal framework

From the official record · publisher note attached
Procedure method
Award procedure without prior publication of a call for competition
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Services
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Direct award (no call for competition)
GPA / WTO covered
Unspecified in notice
Recurring procurement
Unspecified in notice
First published
10 Aug 2023, 16:18 BST
Last source update
26 Sept 2023, 14:58 BST
FTS notice number
2023/S 000-028381
Classification (CPV)
IT services: consulting, software development, Internet and support
Delivery area
UK
Official registry OCID
ocds-h6vhtk-03eed0 Find a Tender
Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

The authority relies on Regulation 32(2)(b)(ii) (Use of negotiated procedure without prior

publication) of the Public Contracts Regulations 2015 namely: the services can only be

provided by a particular economic operator, the incumbent supplier (CGI IT UK Limited), who

has been providing the services forming the subject matter of this contract under a contract

with the authority for the last 8 years three months which is due to expire on 31.08.23,

because competition is absent for technical reasons, and no reasonable alternative

substitute exists and the absence of competition is not the result of an artificial narrowing

down of the parameters of the procurement for the following reasons.

(a) no other supplier has the necessary technical knowledge and experience to provide the

services, because:

i) most of the applications are bespoke and 'heritage applications' with many over 18 years

old. The heritage applications are difficult to maintain because of their age and complexity

and the extent to which they have been changed over the years and require very specialist

technical knowledge and experience, e.g. skills/experience in using aged programming

languages such as Fortran, COBOL, Pascal and C. The number of people with the skills,

knowledge and experience to maintain and/or enhance them is limited outside CGI, which

has developed significant knowledge and experience of how the applications were built and

developed and how they operate and interface with each other; and

ii) delivering the services relies on non-live development and test environments, and

management access to the live environments, both to provide ongoing support and to

undertake application development/enhancement. For a replacement supplier to provide

the services, they would need access to the same/equivalent existing non-live development

and test environments. To build and implement equivalent development and test

environments would take around 12 months and be challenging, expensive and risky without

the necessary application knowledge/experience. A replacement supplier would additionally

need to establish infrastructure, connectivity and processes to allow secure management

access to the live environments, e.g. to investigate maintenance issues or for boarding

purposes i.e. to deploy new applications/code.

(b) even if it was theoretically possible that another supplier(s) did have the necessary

technical knowledge/experience, which the authority does not consider to be the case, it is

estimated to take a minimum of 18-24 months for a procurement to be run and any

replacement supplier(s) to be able to deliver the services (6 to 12 months to run a

competition to award to another supplier depending on the route/process and around 12

months to transition) whereas the services are required from 01.09.2023.

Publisher note: The initial term of the contract is for 12 months with an option to extend for a further period of 12 months. The contract enables the authority to terminate services at its convenience and partially and it is envisaged that a number of applications will be removed from scope over the term as they are retired/replaced and as in-house software delivery capability is developed. The authority intends to commence a competitive procurement process for the maintenance/support of the remaining applications during the initial term. The estimated maximum contract value for this contract (£60,340,000 GBP) is based on estimated service charges of £31,200,000 GBP with the remaining value discretionary spend on potential project work, and assumes the option to extend the term is exercised. The project work is optional and is not guaranteed, the extension may not be necessary, and applications may be removed from scope over the term, so the actual cost of this contract may be lower than the estimated maximum contract value.

Notice history

1 event · 3 releases on Find a Tender
  1. Buyer details updated
    15 Sept 2023, 16:27 BST
Published amendments (1 · 0 deadline changes)
WhenWhatBeforeAfterShift
—TextTitle · II.1.1N/AApplication maintenance and support services
—TextAwarded contract · Awarded contractN/AApplication maintenance and support services

1 amendment published without a description.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 2
Awarded value £60,340,0001 contract exc. VAT · 1 repeated publication of the same award counted once
Bids received 1
Contracts signed 2latest 25 Aug 2023
Awarded toValueDateStatus
CGI IT UK LimitedSubcontracting: Support and/or optional development services for some of the applications.£60,340,000 †same award published again · counted once—Awarded
CGI IT UK LimitedSubcontracting: Support and maintenance of applications.£60,340,000 †—Awarded

Contracts

  • Application Maintenance and Support Services · CGI IT UK Limited

    Signed
    25 Aug 2023
    Value
    £60,340,000
    Status
    active
  • Contract 023462-2023-1 · CGI IT UK Limited

    Signed
    2 Aug 2023
    Value
    £60,340,000
    Status
    active

Bid statistics published by the authority

BidsSMEVCSEValid bid range
1bids———

Contracting authority & participating public bodies

2 public bodies on the notice

Ministry of Justice

Contracting authorityCentral GovernmentMinistry or any other national or federal authority, including their regional or local subdivisionsGeneral public services 102 Petty France, London, UK, SW1H 9AJContact email, phone

Consortium members and other public bodies

  • The Secretary of State for JusticeContracting authorityMinistry or any other national or federal authority, including their regional or local subdivisionsGeneral public services LONDON, LondonContact name, email, phone

Dispute resolution & review bodies

  • High CourtReview bodyReview contact point London
  • High Courts of JusticeReview body London

Bidders & participating suppliers

2 commercial parties on the notice
  • CGI UK LtdAwarded supplier 20 Fenchurch Street, 14th Floor, London, UK, EC3M 3BYContact email
  • CGI Uk ltdAwarded supplier00947968 20 Fenchurch Street, 14th Floor, London, UK, EC3M 3BY

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.