Find a TenderAwarded without competition
Published 21 Dec 2024, 10:43 GMT

Official UK procurement notice

HMPPS Higher Education · UK public procurement notice

Official notice

Authority: Ministry of Justice (Central government)

ServicesAward procedure without prior publication of a call for competition
Awarded value£3,340,000published contract · exc. VAT
Awarded 23 Jan 2025no call for competition
Awarded to The Open University2 awards

What is being bought

Published requirement description

Higher Education services in England and Wales.

CPV: Adult and other education services · Education and training services · Higher education services · Prison services · Services related to the detention or rehabilitation of criminals

The lotProcurement structure

single lot · no lot value published
Lot #1To provide a service supporting students in a secure environment to apply for, access…Awarded

To provide a service supporting students in a secure environment to apply for, access funding for and complete, higher education courses. Support should be available for a minimum of 400 module enrolments in England and Wales new enrolments per year. Support for new enrollers will continue for subsequent years until course completion or release. This support must include:

Ensuring that a range of courses are adapted for delivery in a secure environment, compliant with HMPPS standards and regulations, approved by security and available for delivery in a secure environment.

Production of a prospectus of courses available in a secure environment. To protect student choice this must cover the following minimum range of levels and subject areas:

Levels:

Certificate level 4, Diploma level 5, Undergraduate degree level 6

Subject areas:

English Language, English Literature, Maths, Psychology, Business Management, Geography, Art history, Politics, Criminology, History, Economics, Spanish, French, German, Classical Studies, Law, Sociology, Sports, fitness and coaching, Religion, Health & Social care and Combined Science

Marketing and promoting to prisoners the uptake of Higher education in prisons and other secure environments.

Offering information, advice and guidance to prisoners on the types of course they could apply for and which course would be most suitable.

Support in registering for and applying for courses.

Support in registering for and applying for student loans.

Supporting tutors to enable them to deliver to students in secure environments.

Providing support for any course exams to be conducted in a secure environment.

Deliver award/graduation ceremonies in secure environments for students who complete courses whilst incarcerated.

The initial term of the contract is for 24 months with an option to extend for a further two periods of up to 12 months each. The service commencement date is the 1st of April 2025. If no extension options are exercised, the end date will be the 31st of March 2027.

The estimated contract value of £3,340,000 GBP is based on an annual spend of £835k, over the entire maximum contract length of 48 months, assuming the full options to extend the contract are exercised (however this may not be necessary).

It may be necessary for contractor to provide termination assistance beyond the expiry of the contract including, but not limited to, assistance to the extent necessary to ensure that any HMPPS learners already registered on a programme of study with the contractor can continue to be able to access the contractor’s course materials, and have the opportunity to complete their course. The costs associated with such assistance would be dependent on the number of affected HMPPS learners, the nature of their courses and the extent to which they have progressed through a particular course. It is therefore not possible at this point to attribute an accurate estimated value to such termination assistance and the estimated value referred to at II.1.7 does therefore not include this element of potential service provision

Delivery: UK · England and Wales
Extensions: Initial term: 24 months Option 1: 12 months Option 2: 12 months

Procedure terms & legal framework

From the official record
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
21 Dec 2024, 10:43 GMT
Last source update
6 Feb 2025, 11:04 GMT
FTS notice number
2025/S 000-003924
Classification (CPV)
Adult and other education servicesEducation and training servicesHigher education servicesPrison servicesServices related to the detention or rehabilitation of criminals
Delivery area
UK
Official registry OCID
ocds-h6vhtk-04cc71 Find a Tender
Why no open competition

No tenders or no suitable tenders/requests to participate in response to restricted procedure; The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

MoJ considers that the award of this contract is permitted pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 for the following reasons.

a) Open University is the only supplier able to meet MoJ's requirement for a minimum acceptable number of courses (as per II.2.4 above) to be delivered in secure environments by the go live date of April 2025, due to technical reasons.

Having sought advice from internal and external stakeholders, with experience of higher education and education in a secure environment, the estimated timeframes needed for courses to be adapted by alternative suppliers are:

  • 6 months for suppliers to develop relationships with higher education (HE) institutions for course delivery (where not delivering the services directly).
  • 3 months for HE Institutions to engage with MOJ on understanding its security requirements.
  • 12 - 18 months per course to adapt all course content and material for delivery in secure environments.

Furthermore, time would be needed for HMPPS to sign off suitability of degrees to be delivered as part of the services and for MoJ to conduct a procurement for a supplier to deliver the services. Accordingly, alternative suppliers' courses would not be ready for delivery by April 2025.

b) Open University already has distance learning courses available, is the only supplier able to meet the minimum acceptable subject range in secure environments, and no reasonable alternative or substitute exists.

MoJ publicised its requirements as part of pre-market engagement, advertising them on Contracts Finder, through a Prior Information Notice on Find a Tender Service and Find a Grant, plus directly inviting HE institutions. This provided suppliers the opportunity to engage with MoJ as part of its consideration as to whether alternative suppliers who could meet MoJ's requirements exist. During market engagement (from December 2023 to February 2024) one-to-one meetings were arranged with six interested suppliers that could potentially deliver some of the services (aside from the Open University). Of these suppliers, the supplier with the most courses currently available for delivery in secure environments could not meet the minimum requirements of offering qualifications at levels 4, 5, and 6 in core subject areas including English language, English literature, sciences, languages, psychology, sociology, art, and politics

c) Over 100 different undergraduate level courses are currently being offered to students in secure environments. In the interest of opening up competition and to ensure no artificial narrowing down of the parameters of the procurement, MoJ determined the minimum acceptable range of courses (as per section II.2.4 above) that must be available for delivery in a secure environment from April 2025 in order to protect student choice.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 2
Awarded value £3,340,0001 contract exc. VAT · 1 repeated publication of the same award counted once
Bids received 1
Contracts signed 2latest 23 Jan 2025
Awarded toValueDateStatus
The Open University£3,340,000 †same award published again · counted once—Awarded
The Open UniversitySubcontracting: declared£3,340,000 †—Awarded

Contracts

Bid statistics published by the authority

BidsSMEVCSEValid bid range
1bids———

Contracting authority & participating public bodies

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 name, email, phone

Dispute resolution & review bodies

  • High CourtReview body LondonContact phone

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.