Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-016950/EN)
Nature of contract: Service contract
Procedure: Award of a contract without prior publication
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Town: Bristol
Country: United Kingdom
Email: zack.marshall101@mod.gov.uk
Internet address(es):
Main address: www.gov.uk/government/organisations/ministry-of-defence

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: CCCT/822 – Provision of a Job Evaluation Methodology Tool

Reference number: 711580453
II.1.2) Main CPV code: 72300000
II.1.3) Type of contract Services
II.1.4) Short Description:
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.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:170000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
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.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
(please complete point 2 of the Annex D)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: 711580453
Title: CCCT/822 – Provision of a Job Evaluation Methodology Tool

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-05-29
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Korn Ferry (UK) Limited
Postal address: Ryder Court, 14 Ryder Street
Town: London
Postal code: SW1Y 6QB
Country: United Kingdom
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties

Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Defence Equipment & Support
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-05-30

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The procurement falls outside the scope of application of the directive

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
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.