Provision of Electronic Monitoring (EM) Services in Northern Ireland

Location

As required throughout Northern Ireland

Description

The Department of Justice (DoJ) will be awarding a short-term interim contract for the provision of services for Electronic Monitoring (EM) of offenders in Northern Ireland. The Department has statutory obligations under Article 35 of Criminal Justice (Northern Ireland) Order 2008, which provides for EM as a condition of court bail, post-release licence or range of community supervision orders for adults and young persons. The scope of EM is a public protection tool for both the judiciary and for criminal justice agencies monitoring offenders in the community.

Total Quantity or Scope

Electronic tagging and monitoring services of offenders in Northern Ireland.

Award Detail

Award Criteria

CPV Codes

• 79710000 - Security services

Legal Justification

DoJ awarded a contract in 2018, which was terminated prior to going live. To ensure service continuity, DoJ extended the existing contract while a new competitive process was initiated in January 2020. Pre-market engagement responses were receipted early 2020 and about to be assessed when the COVID pandemic hit. The new process had to be put on hold immediately as DoJ and CPD resources were prioritised to COVID response activities. DoJ had to ensure delivery of business as usual for this critical service while working around constraints and working conditions imposed by the pandemic. The current contract is now due to expire in October 2022. Provision of this service is a statutory requirement under the Criminal Justice (NI) Order 2008 and there are serious legal and public protection ramifications if it is not in place. Lack of service would significantly impact on the ability to manage the risk of those on bail or those who have been released subject to licence conditions, who are often released on the basis of an EM curfew being in place. In Northern Ireland, there is the added risk and profile of tagging high risk terrorist subjects, with substantial legal scrutiny and press interest in this matter. There are derogations under the Public Contracts Regulations to award a contract where the supplies or services can only be supplied by a particular supplier for the following reasons: - a) Where competition is absent for technical reasons (regulation 32(2) (b) (ii)); but only, where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. b) 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. The current service is very complex, high risk with serious legal ramifications if it fails e.g. adverse public protection outcomes, including in respect of terrorist related offenders; legal challenges and associated financial penalties for the department; ECHR and deprivation of liberty related issues where EM is not available to manage release on bail or licence. There are high switching costs and high technical thresholds which require a significant period of testing to satisfy the Department and stakeholders that another provider could deliver the service to the required standard. This would include multiple field and breach reporting tests, equipment/hardware tests, process testing and interoperability with existing DOJ/CJO systems. Pre-market engagement was completed to aid the new procurement process which identified a lack of awareness/understanding of the NI Criminal Justice system, and highlighted that a limited number of suppliers had any geographic footprint locally. This is a specialist and limited market. As equipment and installations are a large proportion of the contract, retaining the incumbent is the only option. It will be VFM in that there is stable, quality service delivery that will ensure the Department can deliver its statutory obligations. There will be no requirement to purchase new equipment until the new contract is in place. Any other provider would have to bring in new equipment/new technology etc all of which would need to be robustly tested over time. This will be an interim contract to ensure continuity of services while a tender process (already initiated) occurs. The anticipated go live date is 1st April 2024. The tender opportunity and Contract Notice will be advertised in FTS in due course.

Other Information

** PREVIEW NOTICE, please check Find a Tender for full details. ** This VEAT is to give notice of the award decision and to commence a standstill period prior to award of contract. The contract award will not be entered into until 23rd September 2022 at the earliest.