Department of Justice (DoJ) Provision of Electronic Monitoring (EM) Services 2021-2022

CPV: Security services

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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

1 Apr 2021, 17:22 BST

Last source update

25 Jun 2021, 10:03 BST

Authority reference

DOJ DAC 05/21

FTS notice number

2021/S 000-014489

Classification (CPV)

Security services

Delivery area

Northern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-02a255 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

There are derogations under the Regulations to award a contract to a single supplier where the supplies or services can only be supplied by a particular supplier, in this case under Regulation (32(2) (c) in cases of extreme urgency brought about by events unforeseen or attributable to the contracting authority, where the time limits for the open, restricted or competitive procedures with negotiation cannot be compiled with.

Due the the unforeseen pandemic and its impact , it de-stabilised all public sector activity as resources were redirected and delayed planned procurement activity , it further destabilised the market ; in particular the security services sector where there is face to face contact required in a pandemic for essential services such as this.

There is no option to do nothing; under Article 35 of Criminal Justice (Northern Ireland) Order 2008 a curfew requirement can include the provision of EM as a condition of court

bail, post-release licence or range of community supervision orders for adults and young persons. EM is an essential public protection tool for both for the judiciary and for the

criminal justice agencies monitoring offenders in the community and therefore also in the public interest/public safety.

As it is a complex service, with high switching costs and high technical standards which must be robustly tested to ensure accuracy and confidence to all key stakeholders (including

subjects and the criminal justice agencies) ; it is an unavoidable, longer process and a longer lead in time to test followed by the transition process to switch out equipment etc. In addition to testing it further includes TUPE and CTC clearance which need 3-6 months.

As equipment and installations are a large proportion of the contract , another derogation also applies; Regulation 32(5)(b) for additional deliveries by the original supplier which are

intended either as a partial replacement of supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire supplies having different technical characteristics which would result in

incompatibility or disproportionate technical difficulties in operation and maintenance.

This contract is required to meet legislative and public safety obligations, therefore we are further applying the derogation under the EU DIRECTIVE 2014/24 whereby it is explicit

under Provision 41 that : Nothing in this Directive should prevent the imposition or enforcement of measures necessary to protect public policy, public morality, public security, health, human and animal life, the preservation of plant life or other environmental

measures, in particular with a view to sustainable development, provided that those measures are in conformity with the TFEU.

This is a short term interim contract to ensure continuity of services (October 2021-October 2022) whilst the contract is retendered.

The Department of Justice (DOJ) has initiated pre market engagement (PIN has been published in FTS) to inform the procurement process to award a new contract for the

provision of services for the Electronic Monitoring (EM) of offenders in Northern Ireland.

The anticipated Service Delivery Go Live date of the new contract 03 October 2022. The tender opportunity and Contract Notice will be advertised in FTS in due course.

Publisher note: A VEAT was published in April 2021 and a standstill period observed prior to award. This is an interim contract to ensure continuity of services (October 2021-October 2022) whilst the contract is retendered. The procurement process was delayed due to the impact of COVID 19. The Department of Justice (DOJ) has initiated pre market engagement to inform the procurement process to award a new contract for the provision of services for the Electronic Monitoring (EM) of offenders in Northern Ireland. Under Article 35 of Criminal Justice (Northern Ireland) Order 2008 a curfew requirement can include the provision of EM as a condition of court bail, post-release licence or range of community supervision orders for adults and young persons. This demonstrates the scope of EM as a public protection tool for both for the judiciary and for the criminal justice agencies monitoring offenders in the community. The anticipated Service Delivery Go Live date of the new contract 03 October 2022. The tender opportunity will be advertised in FTS in due course.

• With held for security reasonsAwarded supplier Belfast, Northern Ireland
• WithheldAwarded supplier Belfast, Northern Ireland

No document links were published on the notice.