Payroll Services for Contingent Labour

{
  "id": "017657-2024",
  "tag": [
    "award",
    "contract"
  ],
  "bids": {
    "statistics": [
      {
        "id": "1",
        "value": 1,
        "measure": "bids",
        "relatedLot": "1"
      },
      {
        "id": "2",
        "value": 0,
        "measure": "smeBids",
        "relatedLot": "1"
      },
      {
        "id": "3",
        "value": 0,
        "measure": "foreignBidsFromEU",
        "relatedLot": "1"
      },
      {
        "id": "4",
        "value": 0,
        "measure": "foreignBidsFromNonEU",
        "relatedLot": "1"
      },
      {
        "id": "5",
        "value": 0,
        "measure": "electronicBids",
        "relatedLot": "1"
      }
    ]
  },
  "date": "2024-06-06T17:40:33+01:00",
  "ocid": "ocds-h6vhtk-046e22",
  "buyer": {
    "id": "GB-FTS-86823",
    "name": "Post Office Limited"
  },
  "awards": [
    {
      "id": "017657-2024-C102348-1",
      "title": "Payroll Services for Contingent Labour",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-115574",
          "name": "Intelligent Resource Ltd"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "C102348",
    "lots": [
      {
        "id": "1",
        "status": "cancelled",
        "hasOptions": false,
        "description": "Provision of payroll services for payment of legacy contingent labour resources from 01/04/23 to 31/03/25. There was a contract between Intelligent Resources Ltd and Post Office which came to an end 31/03/23. Following a competition under Crown Commercial Services Non-Clinical Temporary and Fixed Term Staff Framework RM6160 ? Lots 2&3, a new Contract was awarded to Morson Human Resources Ltd t/a Morson Talent, with effect from 01/04/23. There were c150 of the Intelligent Resource Ltd resource that could not transfer to the new Contract with Morsons because of exclusive rights that Intelligent Resources Ltd had in the Contract with Post Office. A direct award under Regulation 32(b)(iii) - protection of exclusive rights, including intellectual property rights was made to Intelligent Resource Ltd to provide payroll services for the payment of the legacy resources that were required to continue with Post Office.",
        "awardCriteria": {
          "criteria": [
            {
              "type": "price"
            }
          ]
        }
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryAddresses": [
          {
            "region": "UK"
          }
        ]
      }
    ],
    "title": "Payroll Services for Contingent Labour",
    "status": "complete",
    "coveredBy": [
      "GPA"
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "description": "Provision of payroll services for payment of  legacy contingent labour resources until 31/03/25.",
    "classification": {
      "id": "79631000",
      "scheme": "CPV",
      "description": "Personnel and payroll services"
    },
    "procurementMethod": "limited",
    "mainProcurementCategory": "services",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "This contract has been awarded in accordance with the negotiated procedure without prior publication under regulation 32(2)(b)(iii) of the Public Cotnracts Regulations 2015.  The services can only be supplied by Intelligent Resources Ltd (\"IR\") because it has exclusive rights to the contingent labour resources currently delivering services to POL (the ?Resources?). The Resources were engaged to deliver certain assignments for POL (the ?Assignments?) under POLs contract with IR that expired on 31/03/2023 (the ?Old Contract?). The Assignments went beyond the end of the Old Contract but could not be transferred to POLs replacement supplier because IR had exclusive rights to the Resources. On the basis of those exclusive rights, POL could not secure the delivery of the Assignments by the Resources with any other supplier of contingent labour. POL, therefore, required a further contract be awarded to IR to enable the Resources to continue with the Assignments until the completion of those Assignments.  There is no reasonable alternative to awarding the contract to IR because POL could not change the Resources that were delivering the Assignments without causing substantial disruption to its business. The Assignments were required to cover projects of strategic importance to provide support on New Branch IT (Information Technology) (NBIT) and the statutory Inquiry. It would not have been reasonable for POL to have changed the contingent labour that is delivering the Resources. Because IR had its exclusive rights over the Resources, there were no reasonable alternatives to the award of the contract to IR.  The absence of competition is not caused by an artificial narrowing of the parameters of the procurement because POL has ensured that all resources that could feasibly be transferred to its replacement supplier have been transferred. Only the Resources to which IR has exclusive rights have been retained for the contract and only for the period of the Assignments.",
    "procurementMethodRationaleClassifications": [
      {
        "id": "D_PROTECT_RIGHTS",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
        "description": "The works, supplies or services can be provided only by a particular economic operator due to protection of exclusive rights, including intellectual property rights"
      }
    ]
  },
  "parties": [
    {
      "id": "GB-FTS-86823",
      "name": "Post Office Limited",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UK",
        "locality": "London",
        "postalCode": "EC2V 7ER ",
        "countryName": "United Kingdom",
        "streetAddress": "100 Wood St"
      },
      "details": {
        "url": "http://www.postoffice.co.uk",
        "buyerProfile": "http://www.postoffice.co.uk",
        "classifications": [
          {
            "id": "BODY_PUBLIC",
            "scheme": "TED_CA_TYPE",
            "description": "Body governed by public law"
          },
          {
            "id": "01",
            "scheme": "COFOG",
            "description": "General public services"
          }
        ]
      },
      "identifier": {
        "legalName": "Post Office Limited"
      },
      "contactPoint": {
        "email": "Procurement@postoffice.co.uk"
      }
    },
    {
      "id": "GB-FTS-115574",
      "name": "Intelligent Resource Ltd",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UK",
        "locality": "Bristol ",
        "postalCode": "BS8  2NH",
        "countryName": "United Kingdom",
        "streetAddress": "First Floor, Clifton Down House, 54a Whiteladies Road"
      },
      "details": {
        "scale": "large"
      },
      "identifier": {
        "legalName": "Intelligent Resource Ltd"
      }
    },
    {
      "id": "GB-FTS-1471",
      "name": "High Court",
      "roles": [
        "reviewBody"
      ],
      "address": {
        "locality": "London",
        "countryName": "United Kingdom",
        "streetAddress": "Royal Courts of Justice, The Strand"
      },
      "identifier": {
        "legalName": "High Court"
      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "017657-2024-C102348-1",
      "title": "Payroll Services for Contingent Labour",
      "value": {
        "amount": 23000000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "017657-2024-C102348-1",
      "dateSigned": "2023-06-28T00:00:00+01:00"
    }
  ],
  "description": "The Contract is to cover for a period of 24 months (01/04/23 - 31/03/25) for payments to be made to  a legacy cohort of contingent labour for various roles providing services to Post Office. The forecast spend is an estimate as Post Office does not have precise forecasts for the period.",
  "initiationType": "tender"
}