Approved Enforcement Agencies

The Ministry of Justice (MoJ) intends to run a procurement exercise for the delivery of Approved Enforcement Agency Services on behalf of HM Courts and Tribunal Services (HMCTS).

The Services will support HMCTS' compliance and enforcement operations that ensures financial penalties, as well as a number of other non-custodial penalties and custodial actions, are collected and performed. It will support provisions of consistent and efficient enforcement processes across England and Wales.

The Services are within scope of the social and other specific services listed in Schedule 3 of the Public Contracts Regulations 2015 (PCR) and shall be awarded pursuant to regulation 74, that is under the light touch regime.

Services are anticipated to be contracted for 5 years with an option to extend by a further 2-year period. The Authority anticipates 7 Regional Lots, corresponding to HMCTS Regions (London, Midlands, North East, North West, South East, South West, and Wales).

The Authority is currently considering the most appropriate procurement strategy, and intends to conduct a Market Engagement phase to offer potential suppliers an opportunity to provide feedback on the Authority's proposal for tendering and awarding contracts.

The Authority intends to use a procedure similar to the open procedure described in regulation 27. The procedure will include a selection stage to identify suppliers capable of providing the services. The Authority will evaluate only the tenders submitted by the suppliers selected.

As part of this procurement exercise, the Authority would also like to explore the potential transfer of service of all warrants currently executed by Civilian Enforcement Officers. Civilian Enforcement Officers are authorised to execute warrants of arrest, commitment and detention issued by a magistrate covering fines and community penalty breaches. The jurisdiction of Civilian Enforcement Officers is restricted to England and Wales. Currently, HMCTS employs approximately 114 Civilian Enforcement Officers who are civil servants.

If the Authority decides to transfer this service, it is likely HMCTS's current Civilian Enforcement Officers will transfer to the provider under the relevant provisions which may include TUPE (Transfer of Undertakings (Protection of Employment)) Regulations 2006.

Regional Suppliers are expected to be the primary service providers. Any warrant re-issues are expected to be performed by the Supplier(s) of the National Lot.

If you are not already registered on the MoJ eSourcing Portal (Bravo) please use the link and follow the registration process: https://ministryofjusticecommercial.bravosolution.co.uk/web/login.html

Once you are registered on the eSourcing Portal please contact CCMDenforcement@justice.gov.uk.

Additional information:

In conducting this procurement, the Authority will provide further information on the procurement process through the continuous PIN method in line with the requirement for social and specific services under the Regulations.

The Authority is currently considering the most appropriate strategy, and intends to conduct a Market Engagement phase to offer potential suppliers an opportunity to provide feedback on the Authority's proposal for tendering and awarding contract. Should you wish to express an early interest in participation in Market Engagement, please contact CCMDEnforcement@justice.gov.uk. However, please note that a new PIN will be published to act as a call to engage once details of the event are finalised.

Award of contracts:

The Authority reserves the right to reject all or any of the bids for the competition and not to award a contract to any potential provider, without any liability on its part. Nothing in this Prior Information Notice shall generate any contractual obligations prior to the signature of a contract following a competition.

Transparency:

HM Government requires that tender documentation issued by government departments for contracts exceeding 10 000 GBP over the life of the contract are published online (www.gov.uk/contracts-finder) for the general public. The resulting contract shall also be published. The Authority may use its discretion to redact information to protect key commercial interest or on prescribed grounds. Therefore potential providers who wish information not to be published, if successful, should secure agreements with the Authority prior to submission. These could cover key commercial interest, trade secrets and commercial interests which would be prejudiced by publication, all following the test in section 43 of the Freedom of Information Act 2000 (https://ico.org.uk/media/for-organisations/documents/1178/commercial-interests-section-43-foia-guidance.pdf).

Only documentation related to the award will be published. The prescribed grounds for redaction are:

• (a)national security;
• (b)personal data;
• (c)information protected by intellectual property rights;
• (d)information which is not in the public interest to disclose (following tests under the Freedom of Information Act 2000);
• (e)third party confidential information;
• (f)IT security; and
• (g)Prevention of fraud.

Freedom of information (FOI):

The Freedom of Information Act came fully into force in 2005. If any organisation considers that any information supplied by them is either commercially sensitive or confidential in nature, this should be highlighted and the reasons for its sensitivities specified. In such cases the relevant material will in response to FOI requests be examined in the light of exemptions provided for in the Act.