CCCT/822 - Provision of a Job Evaluation Methodology Tool

CPV: Data 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

30 May 2024, 17:43 BST

Last source update

30 May 2024, 17:43 BST

Authority reference

711580453

FTS notice number

2024/S 000-016950

Classification (CPV)

Data services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-046c87 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The HR Reward Team, part of the UK Ministry of Defence DE&S (the “Authority”), intends to enter a goods and services contract (the “Contract”) with Korn Ferry Ltd to take effect on and from 30th June 2024 for a period of 3 years for (a) licenced use of a Job Evaluation Methodology (“JEM”) software tool for managing ongoing services, training, and support for job evaluation activities within the organisation; and (b) associated training on the software tool. The contract has an estimated value (ex VAT) of £170,000 (one hundred and seventy thousand pounds sterling).

In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate.

It is considered that the award of the contract without prior publication of a contract notice in the UK e-notification service (as required by the relevant legislation) is lawful in accordance with regulation 32(b)(ii) of the PCR 2015 because competition is absent for technical reasons. This is on the basis that:

Korn Ferry Ltd won the public procurement competition to provide the JEM methodology in 2020 and this methodology has subsequently been embedded into Authority use. This supplier has provided an enduring JEM service, following inception in 2020 which allows the Authority to create, update and subsequently manage success profiles. Korn Ferry Ltd are therefore considered solely placed to ensure that both existing and future job roles contain the necessary elements to adopt the Job Evaluation Method. The software tool the Authority is looking to procure supports the use of that methodology as it underpins the reward framework that was implemented in 2020.

As the Design Authority and OEM for the JEM methodology and its associated tools and products, including the software tool the Authority intends to procure, no other supplier could provide a reasonable alternative software tool without the knowledge and proprietary information that only Korn Ferry Ltd possess. Given this, no other supplier could provide the required training on the software tool either.

If the Authority was to bring in a new supplier to procure an alternative software tool then it would have to procure, install and migrate to both a new JEM methodology and also a new software tool which would come with an unreasonable and disproportionate additional cost. It would also cause a significant interruption to service due to the additional time required which would have an unacceptable impact on Authority Human Resources (“HR”) activities, especially at a time when the Authority is undergoing a re-organisation of its HR Design Model.

• Korn Ferry (UK) LimitedAwarded supplier Ryder Court, 14 Ryder Street, London, UK, SW1Y 6QB

No document links were published on the notice.