RM1043.8-1-HOME OFFICE - Standalone System Transformation - Application Development & Maintenance Services

Tender description

About adding context and requirements test Pre-market engagement Due to the highly confidential nature of this solution, pre-market engagement has not been, and will not be undertaken. Work done so far A number of releases have been delivered to date as set out below: Previous release 1: • Procured new hardware for solution • Integrated internal applications with printing solution • Made changes to solution to integrate further with internal applications Previous release 2: • Developed new bespoke solution application using open-source software/tools • Loaded full data set Previous release 3: • Procured new hardware for solution • Delivered solution application with user-friendly interface for CU team facilated purge data • Implemented and aligned payloads, dashboards, alerting, and error handling UI for operation support. Which phase the project is in Not applicable Existing team The Supplier shall work in partnership with the Buyer's portfolio wrapper team/programme manager. It shall also collaborate and work cooperatively with the business, its partners, and other suppliers. Address where the work will be done The Core Location of the team is at location within the M25, but actual attendance on site is only required for Incident Resolution engineers and for the developement team this is is expected to be for one day at the end of each sprint cycles to deliver show and tell presentations. Travel and subsistence related to the Core Location shall not be considered as a Reimbursable Expense, as such is defined in the Call-Off agreement. The Core Location will be shared with those bidders shortlisted to respond to the ITT. Supplier Staff will also be required to regularly travel to other Buyer locations or third party supplier premises when required as part of support and maintenance of the services and programme. Travel and subsistence related to the Core Location shall be considered as a Reimbursable Expense, as such is defined in the Call-Off agreement. Working arrangements The Supplier shall work in partnership, collaboratively, and cooperatively with the Project manager to agree priorities ensuring adherence to agile principles in terms of sizing work packages and agreed prior to start of period, allowing authority to comply with its IR35 approval (ERG) processes for SOW sign off. The Supplier, as part of each Statement of work (SOW), will engage with the business's Project manager and assigned Supplier Relationship Manager to audit compliance for the accuracy of the SOW and deliverables against the SOW (prior to any invoicing) monthly. The monthly review (teams based) will include the following elements: • Red-Amber-Green (RAG) Evaluations to assess project status and progress. • A Commercial Summary to review financial aspects. • An examination of progress against agreed deliverables. • A Resource Review to evaluate manpower and other resources. • An analysis of project dependencies. • Identification of Risks and Issues, and the creation of mitigation strategies. • Follow-up on any action points from previous review meetings. • Identification of potential improvement sectors in conjunction with the Supplier, followed by the formulation of a tailored action plan to address these area Supplier will attend a weekly, teams based, delivery review meeting to track all deliverables against the plan, chaired by the Buyer's Digital Project Manager. There will also be monthly Operation Board Review meetings reviewing Service Level Performance supplied in the Service Level report provided by Supplier and Roadmap review. Provide more information about your security requirements: Developed Vetting (DV) Provide more information about your security requirements (optional): The Supplier shall: • Provide resources that have a minimum of SC security clearance that can be transferred to the HO; • Provide resources that are capable of achieving DV clearance. N.B. All resources must secure DV clearance to deliver the Services, but this can be phased in over time in accordance with the Implementation Plan (if the Bidder is the incumbent supplier and has decided to bid and has been shortlisted) or Transition Plan (if the Bidder is not the incumbent supplier) that shortlisted Bidders will need to provide during Stage Two of the procurement process. Dependent on the role, the resources will be restricted on the work they can do and the data that they can access until DV clearance is approved; Further details are provided below; o Roles A - Day 1 DV required for infrastructure/data access: • 1 x Delivery Manager • 1 x Business Analyst • 2 x Infrastructure Engineers • 2 x Software Developers • 2 x Development Operations Engineers o Roles B – No access to infrastructure/data until DV clearance attained • (Apprentice) Devops Engineer • Business Analyst • Delivery Manager • Infrastructure Engineer (developer) • Software Development (developer) • Provide resources to deliver on-site Incident Management Services that are capable of achieving NPPV3 clearance. If the incumbent does not bid or is unsuccessful in this Further Competition, the Supplier shall also: • Ensure that there are sufficient DV cleared resources to support transition from the incumbent supplier in accordance with the Transition Plan from the Contract Start Date; • Ensure that there are sufficient NPPV3 cleared resources to support transition of on-site Incident Management Services from the incumbent supplier in accordance with the Implementation Plan from the Contract Start Date. Latest start date 2024-04-01 Enter the expected contract length: 2 years Extension period: 1 year Special terms and conditions If, following this Further Competition, a Replacement Supplier is appointed to deliver the Services then the Authority believes that a comprehensive Transition service will be required from the Supplier. If the incumbent supplier is re-appointed following the Further Competition, then transition to the new service delivery model will be required. Therefore, specific Transition Requirements have been developed, which shall apply to a Replacement Supplier and Call-Off Schedule 13 (Implementation Plan and Testing) shall apply if the incumbent supplier is re-appointed. The Transition Requirements will be published to shortlisted bidders at Stage Two of this Further Competition, but are too complex to fit this field. However, to ensure that bidders are aware of what they will need to commit to at Stage Two, they are available upon request from the Authority at this Stage One. Special terms and conditions Unless otherwise agreed between the Parties all Deliverables and work to be provided by the Supplier shall be documented and agreed in a Statement of Work (SOW). Special terms and conditions IR35 Special Conditions The Authority has developed specific IR35 Special Conditions, a precis of which is below. 1. IR35 ASSESSMENTS OF STATEMENTS OF WORK 1.1. The Buyer shall undertake an IR35 SOW Assessment in respect of each SOW. The IR35 SOW Assessment will assess whether the construct of the work to be delivered under the SOW is genuinely one of a true contracted-out service or more of a supply of labour resources. If the working practices or terms of the arrangement under the SOW change or are amended the Buyer reserves the right to conduct further IR35 SOW Assessments. 1.2. Once the Buyer has completed an IR35 SOW Assessment it will advise the Supplier in writing of the outcome, which will be either: 1.2.1. The work to be delivered under the SOW is genuinely one of a contracted-out service; or, 1.2.2. The work to be delivered under the SOW is more of a supply of labour resources. The full IR35 special conditions will be published to shortlisted bidders at Stage Two of this Further Competition, but are too lengthy to fit this field. However, to ensure that bidders are aware of what they will need to commit to at Stage Two, they are available upon request from the Authority at this Stage One. Are you prepared to show your budget details?: Yes Indicative maximum: 9000000 Indicative minimum: 6000000 Provide further information: The figures above are for the full three year of the term if the extension option is exercised Confirm if you require a contracted out service or supply of resource Contracted out service: the off-payroll rules do not apply Summary of work The objective of the procurement process is to appoint a Supplier that will deliver Application Development and Maintenance Services that: • Provide development and support into the Operational Service Management teams for the suite of services (the "Solution") set out in the requirements. • Deliver a flexible, responsive yet predictable service provision, supporting the Authority’s Digital Services and specifically SSP. • Create collaborations and partnerships where applicable, that ensure that Business Portfolios are supportable with agreed, repeatable processes in place. • Align with existing delivery strategies but devise improvements and enhancements, based upon analytics to maintain value for costs and quality of service. • Maintaining operational continuity of our IT services. • Improve the products in order to enhance the live services. • Build new features to maintain the relevance of the live services in a digital landscape. The Supplier will need to work in partnership with all stakeholders in the Authority and the Authority’s partners in an atmosphere of openness and transparency to achieve the desired outcomes. Because of the secure nature of the solution, the Supplier will also need to provide a team that is, or is capable of achieving, Developed Vetting (DV) clearance. Bidders should note that the Contract Award Service (CAS) portal only allows selection of one pricing methodology. The Authority requires a mix of Capped Time and Materials for Application Development Work and Fixed Price for Application Maintenance (Service Management) work. Full details of the pricing assessment methodology will be provided in a formal tender document issued to shortlisted Bidders at Stage Two of this procurement. For clarity, these consist of: Overall Average Day Rate (10%), Capped T&M charges for the team for the first 12 months (10%) and Fixed Price for the Initial Two-year term for Service Management services (15%). Shortlisted Bidders will need to sign an NDA prior to receipt of the Second Stage tender document. Bidders should note that whilst Presentations will be required from shortlisted Bidders at Stage Two the presentations themselves will not be assessed. Rather, these will only be used to clarify elements of, and validate scores awarded to, the Bidders' written responses. Where the supplied staff will work North East England Where the supplied staff will work London Who the organisation using the products or services is His Majesty's Passport Office, part of the Home Office. Why the work is being done His Majesty’s Passport Office, which is an agency of the Authority, issues between 6 and 7 million passport each year to British nationals living in the UK and overseas. It also provides Passport Validation services to support the business community and government departments for confirmation of citizen identity as well as prevention of fraud. The Authority has: • 7 Passport processing offices in: London; Peterborough; Newport; Liverpool; Durham; Glasgow and Belfast • 11 interview offices • A Customer Contact Centre in Southport Digital Services which are delivered as part of the Authority’s Transformation Programme require ongoing support for their operation, ongoing development and continuous improvement. Under the Authority’s Target Operating Model these services and their teams have been grouped into distinct Product Families, details of which are provided in the Requirements document attached to this opportunity. These Product Families provide consistent oversight and direction for their teams. For the purposes of this procurement and the Services to be provided, the Solution exists on its own outside the distinct Product Families. The business problem you need to solve The Solution has been extant for a number of years and the Authority is seeking to re-compete the delivery of the Application Development and Maintenance Services to ensure access to capable resources to deliver the next phase in the transformation of the Solution. Value for money is also key for the Authority and re-procurement through a competitive process will provide certainty that the Services are being delivered by the Supplier that delivers the best mix of cost-effectiveness and quality of delivery. The Supplier will be required to deliver the following outcomes: • Delivery of a customer and user-centred design; • Ensuring that services are delivered giving due consideration to the wider business and technical architecture context, whilst meeting stakeholder expectations; and • Provision of an appropriate blend between funding, reporting and governance. The Supplier shall also: • Adhere to Agile methodology; • Ensure delivery of requirements on time and to budget/price; • Adhere to IT Service Management processes; • Comply with security measures; • Comply with legislative requirements; and • Comply with contractual obligations • Comply with Government standards. First user type: User First user type: Crypto Custodian Enter more details about this user type: • These Users form the SSP user base • Co-ordinates Incident response with the SSP project team • Defines requirements, approves design, and Solution acceptance. Working Hours - Mon - Fri (08:00 – 17:00, excluding Public Holidays) Working Hours - Mon - Fri (08:00 – 17:00, excluding Public Holidays Enter more details about this user type: Responsibility - Secure storage, load, and management of crypto key material • Utilizes SST's SSS PKI Administration facility for managing crypto materials Working Hours - Mon - Fri (08:00 – 17:00, excluding Public Holidays) Questions and Clarifications 1. Question 11 refers to NAGIOUS - we are assuming that you are referring to NAGIOS https://www.nagios.org Your assumption is correct, the correct reference is NAGIOS. Apologies for any confusion caused. Last Updated: 30 November 2023, 14:08 2. Does TUPE apply to this procurement? If so, will there be an opportunity for potential bidders to conduct TUPE due diligence to assess potential liabilities and risks associated with the transfer? The Buyer would be neither transferor nor transferee of the employees in the circumstances of any contract awarded as a result of this invitation and it is your responsibility to consider whether or not TUPE applies to this competition and to tender accordingly. To aid in your assessment, we can confirm that the incumbent supplier has stated that there are a total of three FTE equivalents currently involved in delivering the service. Of these, two are apprentices. Please note that the Buyer shall not be liable for the opinion expressed above. Further due diligence will be permissible at Stage Two of the procurement, at which point the Buyer will also share further staff information with shortlisted bidders. Last Updated: 28 November 2023, 13:46 3. IR35 special conditions section mentions full IR35 special conditions, are these available ahead of Stage two, can you please share these? IR35 Special Conditions - Part Two (Final Part) 4. AUTHORISED CONTRACTING ENGAGEMENTS FOR SUPPLIER STAFF 4.1. All Supplier Staff utilised by the Supplier to deliver any Services under this Contract shall be engaged by the Supplier (and, where applicable, the Supplier shall procure that its Sub-Contractors and any other third parties within the supply chain shall engage Supplier Staff) pursuant to one of the following contracting arrangements that are authorised by the Buyer: 4.1.1. Each individual Supplier Staff worker is an ‘on payroll’ employee of the Supplier, a Sub-Contractor or another third party within the supply chain that is being utilised in provision of the Services. 4.1.2. In the case of an Intermediary Worker, the contractual engagement with such a worker shall operate via a FCSA accredited umbrella company or FCSA accredited PAYE provider with full Income Tax and National Insurance Contributions deducted for such worker at source and reported to HMRC via its Real Time Information (RTI) system. 4.1.3. The contractual engagement for an Intermediary Worker can be ‘off payroll’ (and therefore the Supplier is not required to comply with the provisions of Paragraphs 4.1.1 and 4.1.2 above) where all of the following conditions have been met: 4.1.3.1. All SOWs under which the relevant Intermediary Worker is required to work have all been assessed by the Buyer and the Supplier has received IR35 SOW Assessment written outcome(s) pursuant to Paragraph 2.2.1 above which state all such SOW(s) reflect a genuine contracted-out service; and, 4.1.3.2. The Supplier has conducted an IR35 Determination in respect of the specific role(s) the relevant Intermediary Worker will be undertaking pursuant to the SOW(s) referenced in Paragraph 4.1.3.1 above which states the determination is Outside IR35 and the Supplier has sent a copy of such IR35 Determination to the Buyer pursuant to Paragraph 3.1 above. 4.1.4. Where a SOW has been assessed by the Buyer to be more of a supply of labour resources and the Buyer has issued its IR35 SOW Assessment written outcome to the Supplier for such SOW pursuant to Paragraph 2.2.2 above but the Supplier has conducted an IR35 Determination for an Intermediary Worker who is required to work under such SOW and its determination is Outside IR35, then the Supplier may submit a written request to the Buyer asking it to carry out its own IR35 Determination for such Intermediary Worker. If the Buyer issues a copy of its IR35 Determination for such Intermediary Worker pursuant to Paragraph 3.3 above and such determination confirms the Intermediary Worker’s role is Outside IR35, then the contractual engagement for such Intermediary Worker can be ‘off payroll’ (and therefore the Supplier is not required to comply with the provisions of Paragraphs 4.1.1 and 4.1.2 above). 4.2. If the Supplier is replacing or substituting an Intermediary Worker where the provisions of Paragraphs 4.1.3 or 4.1.4 currently apply, such provisions shall not automatically apply to a replacement / substitute Intermediary Worker. The Supplier shall be required to follow the processes detailed in either Paragraph 4.1.3.2 or Paragraph 4.1.4 above (as applicable) in respect of the replacement / substitute Intermediary Worker. 4.3. The Supplier warrants that all Supplier Staff used to deliver any Services shall be engaged to fully comply with the provisions set out in Paragraph 4.1 above throughout the Contract Period. 4.4. The agreed SFIA Rate Card will apply regardless of the IR35 status of any Supplier Staff individuals, i.e. the same Rate Card will apply regardless of whether an individual is deemed to be ‘Inside IR35’ or ‘Outside IR35’. 4.5. The Supplier’s failure to comply with the provisions of this Paragraph 4 shall be a Default. Last Updated: 27 November 2023, 19:25 4. IR35 special conditions section mentions full IR35 special conditions, are these available ahead of Stage two, can you please share these? IR35 Special Conditions PART ONE 1. DEFINITIONS 1.1. The following definitions shall apply in these IR35 Special Conditions and throughout the entire Contract: 1.1.1. “CEST Tool” means the HMRC ‘Check Employment Status for Tax’ tool. The most up-to-date version must be used. As at the Commencement Date, the CEST Tool can be found here: https://www.gov.uk/guidance/check-employment-status-for-tax 1.1.2. “FCSA” means the Freelancer and Contractor Services Association Limited, registered at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ; company number 06622024. (website: www.fcsa.org.uk) 1.1.3. “Inside IR35” means the contractual engagement for an Intermediary Worker which is determined to be within the scope of IR35 as a result of a IR35 Determination. 1.1.4. “Intermediary” means: (i) a company that meets Condition A as detailed in sub-section (9) of Section 61N of the Income Tax (Earnings and Pensions) Act 2003; (ii) a partnership that meets Condition B as detailed in sub-section (10) of Section 61N of the Income Tax (Earnings and Pensions) Act 2003; or (iii) an individual that meets Condition C as detailed in sub-section (11) of Section 61N of the Income Tax (Earnings and Pensions) Act 2003. 1.1.5. “Intermediary Worker” means an individual Supplier Staff worker who is contracted to provide his/her services through an Intermediary. 1.1.6. “IR35” means the set of rules that affect tax and National Insurance where a person is contracted to work for a client through an Intermediary. The IR35 rules are also known as ‘off payroll working rules’. As at the Commencement Date, information on IR35 can be found here: https://www.gov.uk/topic/business-tax/ir35 1.1.7. “IR35 SOW Assessment” means the Buyer’s review of the scope of Services to be delivered under a SOW and the associated working practices to be used to deliver such Services, to assess the likely IR35 status of any Supplier Staff working to deliver Services under such SOW. 1.1.8. “IR35 Determination” means an assessment of employment status for an Intermediary Worker using the CEST Tool to determine if the engagement is Inside IR35 or Outside IR35. 1.1.9. “Outside IR35” means the contractual engagement for an Intermediary Worker which is determined to be outside the scope of IR35 as a result of a IR35 Determination. 1.1.10. “PAYE” means HM Revenue and Customs’ (HMRC) system to collect Income Tax and National Insurance Contributions from a worker’s employment. 2. IR35 ASSESSMENTS OF STATEMENTS OF WORK 2.1. The Buyer shall undertake an IR35 SOW Assessment in respect of each SOW. The IR35 SOW Assessment will assess whether the construct of the work to be delivered under the SOW is genuinely one of a true contracted-out service or more of a supply of labour resources. If the working practices or terms of the arrangement under the SOW change or are amended the Buyer reserves the right to conduct further IR35 SOW Assessments. 2.2. Once the Buyer has completed an IR35 SOW Assessment it will advise the Supplier in writing of the outcome, which will be either: 2.2.1. The work to be delivered under the SOW is genuinely one of a contracted-out service; or, 2.2.2. The work to be delivered under the SOW is more of a supply of labour resources. 3. IR35 DETERMINATIONS 3.1. If the Supplier utilises any Intermediary Workers to deliver any Services, the Supplier shall carry out an IR35 Determination for each Intermediary Worker and download a PDF copy of the IR35 Determination. Within five (5) Working Days of completing an IR35 Determination, the Supplier shall provide a PDF copy of the IR35 Determination to the Buyer (clearly specifying the CEST Tool reference number together with the Intermediary Worker’s name, role and email contact details). 3.2. The Buyer may also conduct its own IR35 Determinations for all Supplier Staff (including following any requests from the Supplier pursuant to Paragraph 4.1.4 below) and the Supplier agrees that it shall provide all information requested by the Buyer to enable such IR35 Determinations to be performed. Any information requested by the Buyer shall be provided by the Supplier promptly and, in any event, no later than five (5) Working Days after the Buyer’s request. 3.3. For any IR35 Determinations conducted pursuant to Paragraph 3.2, the Buyer will provide the Supplier with a PDF copy of the IR35 Determination (clearly specifying the CEST Tool reference number together with the Intermediary Worker’s name, role and email contact details) to the Supplier within five (5) Working Days of completing the IR35 Determination. Last Updated: 27 November 2023, 19:23 5. Essential skills section question 3, 4, 5, 6, 7, 9 and 11 are word limited to 250 words, and questions 8 and 10 are word limited to 500 words, similarly nice to have criteria questions 1 is word limited to 250 words. This contradicts with Bid Pack Attachment 3: Responses to Essential and Nice-to-have skills and experience, "Responses must be made in English. If you exceed the 750 character count (including spaces) in any response to a question, your application may be considered non-compliant and rejected." Also will the word or character limits be calculated using Microsoft Word? The reference to 750 characters is auto-generated by the CAS solution and should be ignored. The word count listed against each question is what bidders must comply with. Microsoft Word will be used to calculate the word count. Last Updated: 27 November 2023, 17:41 6. Essential skills and experience section question 4: Term "MS Azure Stack" are you referring to on-premise version of Azure or Azure Cloud technology stack? On-premise Azure Last Updated: 27 November 2023, 17:37 7. Special Terms and conditions section mention "If the incumbent supplier is re-appointed following the Further Competition, then transition to the new service delivery model will be required." Can you please elaborate on the new service model and transition period to the new model? The detailed service requirements provided at Stage Two will set out further information and specific service levels that the supplier will need to adhere to. This will mean that we are not purchasing "more of the same". It will be up to the bidder to propose what is required to transition to the new model (and the associated timeframe) to meet the requirements. Last Updated: 27 November 2023, 17:11 8. RESTATED QUESTION: The ITT states: ”The Supplier shall not subcontract any part of the Services without the prior written consent of the Authority.” In order for potential Bidders to actively engage with SMEs in their supply chain would the Authority consider allowing the use of subcontractors that do not fit the framework definition of Key Subcontractors, namely: (a) which is relied upon to deliver any work package within the Deliverables in their entirety; and/or (b) which, in the opinion of CCS or the Buyer performs (or would perform if appointed) a critical role in the provision of all or any part of the Deliverables; and/or (c) with a Sub-Contract with a contract value which at the time of appointment exceeds (or would exceed if appointed) 10% of the aggregate Charges forecast to be payable under the Call-Off Contract. ANSWER UPDATED IN CAPS: Yes, the Authority will ALLOW the use of subcontractors that do not fit the framework definition of Key Subcontractors set out in the question. Last Updated: 22 November 2023, 15:18 9. Can the Authority confirm who the incumbent supplier is for this service? Due to contractual confidentiality and the confidential nature of the solution, the Authority is unable to confirm this. Last Updated: 22 November 2023, 15:12 10. The ITT states: ”The Supplier shall not subcontract any part of the Services without the prior written consent of the Authority.” In order for potential Bidders to actively engage with SMEs in their supply chain would the Authority consider allowing the use of subcontractors that do not fit the framework definition of Key Subcontractors, namely: (a) which is relied upon to deliver any work package within the Deliverables in their entirety; and/or (b) which, in the opinion of CCS or the Buyer performs (or would perform if appointed) a critical role in the provision of all or any part of the Deliverables; and/or (c) with a Sub-Contract with a contract value which at the time of appointment exceeds (or would exceed if appointed) 10% of the aggregate Charges forecast to be payable under the Call-Off Contract. Yes, the Authority will the use of subcontractors that do not fit the framework definition of Key Subcontractors set out in the question. Last Updated: 22 November 2023, 15:10 11. Please provide the Transition Requirements (per the Authority’s offer to share them in advance of Stage Two). Part Six (Final Part) 2.5.2 If the: 2.5.2.1 Buyer exercises its rights under Clauses 2.5.1.2(a) and/or 2.5.1.2(b) above; and 2.5.2.2 Supplier continues to fail to perform in full all of its obligations under paragraph 2.3 above, the Buyer shall be entitled to exercise its rights under Clause 2.5.1.2(c) above at any time whilst such default continues and such exercise shall not trigger repayment of any retention made by the Buyer under Clause 2.5.1.2(a) above. 2.5.3 If the Supplier performs all of its obligations under Clause 2.3 above before notice to terminate this Contract is served, the Buyer shall forthwith release any retention made under Clause 2.5.1.2(a) above, less any: 2.5.3.1 amounts due to (or which could have been claimed by) the Buyer under Clause 2.5.1.2(b) above; and 2.5.3.2 additional costs incurred by the Buyer in managing the Supplier’s performance during any period in which it is not complying with the terms of this Special Condition. 2.5.4 The Supplier shall rectify all failures or faults in the Transition Services in a timely fashion and at its sole cost. Last Updated: 22 November 2023, 15:08 12. Please provide the Transition Requirements (per the Authority’s offer to share them in advance of Stage Two). Part Five 2.4 Transition Acceptance 2.4.1 The Supplier shall promptly notify the Buyer when a Transition Deliverable (or any constituent part thereof) is ready for Transition Acceptance Tests. Following receipt of the Transition Deliverable from the Supplier, the Buyer shall undertake Acceptance Tests in accordance with this Clause 2.4 and shall upon completion of the Transition Acceptance Tests, issue to the Supplier a Transition Acceptance Certificate provided that the Transition Deliverable has passed its Transition Acceptance Tests and met the Transition Acceptance Criteria. 2.4.2 If the Buyer discovers any Defect in the Transition Deliverable or in any constituent part thereof: 2.4.2.1 the Buyer shall notify the Supplier; 2.4.2.2 the Supplier shall: (a) promptly remedy such Defect, at its own cost; and (b) notify the Buyer in writing that the Transition Deliverable or such constituent part thereof is ready for repeat of the Transition Acceptance Tests; 2.4.2.3 the Buyer shall: (a) within 5 Working Days of receipt of such notice (or other such period as specified by the Buyer), repeat the Transition Acceptance Tests; and (b) issue to the Supplier a Transition Acceptance Certificate once the Transition Deliverable (or that constituent part thereof) has passed its Transition Acceptance Tests and met the Transition Acceptance Criteria. 2.4.3 In the event that the Transition Deliverable (or any constituent part thereof) fails to pass Transition Acceptance Tests within 5 Working Days of the commencement of such Transition Acceptance Tests (or other such period as specified by the Buyer), the Buyer shall (without prejudice to any other rights or remedies it may have) be entitled, forthwith on giving notice in writing to the Supplier at its option, to: 2.4.3.1 require the Supplier to promptly remedy such Defect, at its own cost; or 2.4.3.2 accept the Transition Deliverable (or the relevant constituent part thereof) subject to a reasonable reduction in the price payable to the Supplier in respect of the Transition Services, provided that, in the absence of written agreement as to the amount of such reduction within the period of 10 Working Days after the date of such notice, the Buyer shall be entitled to treat that Transition Deliverable as a Default in accordance with sub-paragraph 2.4.3.3 below; or 2.4.3.3 treat this as a Default and require a Rectification Plan from the Supplier in accordance with the Rectification Plan process described in clause 10.3 of the Core Terms. 2.4.4 In no event shall the Buyer be deemed to have accepted a Deliverable or any constituent part thereof unless and until the Buyer or the relevant Buyer Party (as applicable) has issued a Transition Acceptance Certificate to the Supplier in accordance with either paragraph 2.4.1 or 2.4.2.3 above. 2.4.5 The Supplier acknowledges that Acceptance of any component of a Transition Deliverable is distinct from Acceptance of the Transition Deliverable as a whole. 2.5 Remedies for Failure to Meet a Critical Transition Milestone 2.5.1 Without prejudice to the Buyer’s other rights and remedies if the Supplier fails to perform its obligations under paragraph 2.3 above and such failure is not due solely to any material failure or material delay by the Buyer in meeting any of the Buyer Responsibilities, the Buyer shall: 2.5.1.1 notify the Supplier in writing; and 2.5.1.2 be entitled, at its option, to: (c) make a retention of up to 15% of the Transition Charges from the Charges subsequently due to the Supplier; (d) claim and the Supplier shall pay, 15% of the total average daily charge for transition per day for each day from the date of the notice from the Buyer until the date that the Supplier has performed its obligations in accordance paragraph 2.3 above up to a maximum amount of 15% of the total Transition Charges attributable to each Critical Transition Milestone; (e) terminate this Contract for the Supplier’s failure to meet a Critical Transition Milestone, which shall be treated as a material default of the Contract in accordance with clause 10.4 of the Core Terms. Last Updated: 22 November 2023, 15:07 13. Please provide the Transition Requirements (per the Authority’s offer to share them in advance of Stage Two). Part Four 1.8 TRANSITION SPECIFIC GOVERNANCE 1.8.1 TRANSITION MANAGER 1.8.1.1 The Supplier shall appoint a Transition Manager who shall be responsible for the overall management of the Transition teams, be accountable for the delivery of Transition in accordance with the Transition Plan and shall report to the Transition Steering Board. 1.8.1.2 The Transition Manager shall be deemed as Key Supplier Staff for the duration of Transition. 1.8.2 GOVERNANCE 1.8.2.1 The provisions of Call-Off Schedule 15 (Call-Off Contract Management) shall apply to Transition Governance. The Supplier and Buyer acknowledge that in order to successfully achieve Transition, the timescales for decision making and the frequency of Governance meetings may differ during Transition. 1.8.2.2 A transition steering board shall be put in place for Transition Governance. 1.8.2.3 The transition steering board shall consist of the Supplier Transition Manager, Buyer’s Authorised Representative as well as key personnel of Supplier, Customer and the Former Supplier as required (“Transition Steering Board”). The Transition Steering Board shall meet weekly during Transition and shall be chaired by Buyer’s Authorised Representative. 1.8.2.4 Throughout Transition, the Supplier shall produce a weekly report which shall identify as a minimum: (a) progress against the relevant Transition Plan; (b) details of all major activities carried out, by work stream, during the period; (c) any Transition Deliverables completed and whether they met Acceptance Criteria or not; (d) summary of high level issues and decisions required and high level risks and mitigations proposed; (e) actions being taken to address any area not performing to the Transition Plan and / or exception plans; and (f) any Transition change requests. 1.8.2.5 The Supplier shall deliver the weekly report no later than 10am (GMT/BST as applicable) each Monday, covering the preceding week’s activity. 1.8.2.6 The relevant weekly reports shall form the basis of the discussion of the Transition Steering Board meetings. Any other standing agenda items for the Transition Steering Board meetings shall be agreed at the first meeting of the Transition Steering Board. 1.8.2.7 Should any amendments be required to the Transition Plan, these shall be discussed at the relevant Transition Steering Board meeting and be agreed in accordance with Transition Change Control. No action or decision of the Transition Steering Board shall be deemed to constitute an amendment to this Agreement. 1.8.2.8 The Supplier shall: (a) record any changes agreed in the meeting minutes, add to the action log and circulate to the team accordingly within two (2) Working Days; (b) update the Transition Plan accordingly and issue within two (2) Working Days from the date of the Transition Steering Board meeting or such later date as the Transition Steering Board shall agree having due regard to the extent of amendment required to the Transition Plan. 1.8.2.9 Any changes to the Transition Plan shall not be deemed to come in to effect until Buyer has approved the updated Transition Plan produced by the Supplier. 1.8.2.10 Any items that cannot be resolved by the Transition Steering Board may be escalated by Buyer or Supplier in accordance with the provisions of Call-Off Schedule 15 (Call-Off Contract Management). 2. TRANSITION SPECIAL CONDITIONS 2.1 The Supplier shall perform the Transition Services and its Transition obligations set out above in accordance with the timetable set out in the Transition Plan, which sets out the Milestone Dates by which the Supplier must have: 2.1.1 completed the relevant parts of the Transition Services; 2.1.2 satisfied the Acceptance Criteria in respect of the relevant Transition Deliverables; and 2.1.3 achieved the Critical Transition Milestones. 2.2 It shall be a condition of this Contract that the Supplier achieves the Critical Transition Milestones by the Milestone Dates set out in the Transition Plan. 2.3 If the Supplier fails to achieve a Critical Transition Milestone by the relevant Milestone Date or perform its obligations in accordance with the Transition Plan (or the Buyer considers that any of these events may occur): 2.3.1 the Supplier shall: 2.3.1.1 notify the Buyer immediately of the: (a) nature of that failure (or anticipated failure); and (b) steps it is taking to remedy such failure in accordance with paragraph 1.6.3 (Proactive Milestone Management); and 2.3.1.2 use its best endeavours to mitigate the effects and impact of any delay on the Buyer; and 2.3.2 the Buyer may in its absolute discretion extend and vary the Milestone Date of any Critical Transition Milestone to enable the failure to be remedied and the Milestone Date of the relevant Critical Transition Milestone shall be deemed to be amended accordingly. Last Updated: 22 November 2023, 15:05 14. Please provide the Transition Requirements (per the Authority’s offer to share them in advance of Stage Two). Part Three 1.6 TRANSITION DELIVERY 1.6.1 GENERAL 1.6.1.1 The Supplier shall deliver Transition in accordance with the agreed Transition Plan, and as updated from time to time in accordance with Transition Governance and Transition Change Control. 1.6.1.2 In the event that the Supplier has started Transition prior to the Call-Off Start Date this shall be at the Supplier’s own risk and cost unless express prior written consent has been provided by the Buyer. 1.6.1.3 The Supplier shall not propose any changes to the Transition Plan which would impact on achievement of the Milestone for the Service Commencement Date by the relevant Milestone Date or the quality and standards of the Services delivered from the Service Commencement Date. 1.6.2 TRANSITION DELIVERABLES, ACCEPTANCE CRITERIA AND ACCEPTANCE 1.6.2.1 The Supplier shall complete the defined Transition Deliverables ensuring they meet the Acceptance Criteria. Transition Deliverables and their Acceptance Criteria are defined in Annex 1(Transition Project Initiation Document). 1.6.2.2 When the Supplier believes that a Transition Deliverable has satisfied the relevant Acceptance Criteria, the Supplier shall provide an Acceptance Certificate to the Buyer in accordance with Annex 2 (Transition Deliverables Acceptance Certificate Template) and the Transition Acceptance process set out in paragraph 2.4 below. 1.6.2.3 The Buyer shall return the completed acceptance certificate to the Supplier within five (5) Working Days. 1.6.2.4 In the event that the Supplier has not met any Transition Deliverable, then the Buyer shall provide details of the reason for non-compliance and the Supplier shall rectify the non-compliance(s). 1.6.3 PROACTIVE MILESTONE MANAGEMENT 1.6.3.1 The Supplier shall: (a) notify the Buyer immediately it becomes aware that any Critical Transition Milestones may not be achieved in terms of quality or time as per the agreed Transition Plan; and (b) provide, within five (5) Working Days of such notification to Buyer, full details of all actions it is taking and required to take to ensure the Critical Transition Milestone can be achieved, mitigation actions in the event that it is missed and all other actions being taken to ensure the issues relating to that Critical Transition Milestone do not impact on the overall delivery of Transition and achievement of the Service Commencement Date Milestone. 1.6.3.2 The Supplier shall: (a) notify the Buyer through the next available Transition Steering Board (as defined in paragraph 1.8.2 (Governance) below) of any Transition Milestones which may not be achieved in terms of quality or time as per the agreed Transition Plan. Any such notification shall apply irrespective of any agreed tolerances that apply to such Milestone; and (b) provide full details of all actions it is taking to ensure the Milestone can be achieved and mitigation actions in the event that it is missed, as agreed at the Transition Steering Board. 1.7 ISSUES & RISKS MANAGEMENT 1.7.1 The Supplier shall compile and maintain an up to date, secure log of all risks, actions, assumptions, issues, decisions and dependencies (RAAIDD), specifically in relation to Transition. This shall include issues and risks which may impact the completion of Transition in accordance with the agreed Transition Plan and the associated mitigation and contingency plans for each. The RAAIDD log shall be accessible to the Customer at all times. 1.7.2 The Buyer’s Authorised Representative, the Former Suppliers nominated representative and the Supplier’s Transition Manager shall review the RAAIDD log at least weekly, in addition to any discussion of issues and risks at Transition Steering Board. 1.7.3 The Supplier shall submit a proposed resolution as soon as practicably possible following identification of any issue. 1.7.4 The Supplier shall not implement any resolution plan until the Buyer has given approval to proceed. In the event that any issue raised is subsequently identified as a high level risk, the Supplier shall submit a mitigation plan to Buyer for approval within the agreed timescale, but no later than five (5) Working Days from identification of the risk unless otherwise agreed by the Supplier and Buyer in writing. 1.7.5 In the event that any issue or risk identified during Transition may impact in any way the ongoing delivery of the Services post Service Commencement Date, the Supplier shall transfer all details and mitigations to a Services risk register and maintain such risk register until all risks are mitigated. Last Updated: 22 November 2023, 15:03 15. Please provide the Transition Requirements (per the Authority’s offer to share them in advance of Stage Two). Part Two 1.4 CRITICAL Transition MILESTONES 1.4.1 The Critical Transition Milestones which the Supplier must achieve are shown in Table 1. The Acceptance Criteria are defined within the Transition PID: Critical Transition Milestone (“CTM”) Date Transition Milestone Description CTM1 - Transition readiness complete [TBC: c. 3 months prior to SCD] Detailed Transition Plan complete Final version of Transition PID complete Initial draft of Reference DARP drafted by Supplier following consultation with the Buyer Knowledge transfer ready to start to obtain knowledge from non-transferring Staff (knowledge transfer plan produced with content and check points). CTM2 - Intermediate checkpoint [TBC] HR consultation process published and progressing to plan (if there are Transferring Former Supplier Employees) Recruitment progressing to plan to fill gaps where Former Supplier staff are not transferring. Schedule of Inflight Projects agreed, action plan assigned to each and progressing to plan. CTM3 – Service Readiness Gateway (“SRG”) [TBC: c. 2 weeks prior to SCD] HR consultation complete (if there are Transferring Former Supplier Employees) Recruitment complete Supplier Staff training complete Work instructions, including all interfaces and escalation paths, issued by Supplier-to-Supplier Staff and Buyer Disaster Response Plan and Supplier Business Continuity Plan substantially complete Reference DARP agreed All Deliverables required for SRG complete Buyer IT Infrastructure and Buyer Applications accessible to Supplier Staff. CTM4 - Service Commencement Date. [TBC] Transferring Former Supplier Employees operational transfer complete (if applicable) Governance calendar established in accordance with Order Schedule 15 (Order Contract Management). All Deliverables required for SCD complete Service cutover complete Transition completed and approved by the Buyer Table 1- Critical Transition Milestones 1.4.2 The Supplier shall have achieved a Critical Transition Milestone when the Acceptance Criteria for that Critical Transition Milestone have been met and the Buyer shall issue an Acceptance Certificate in accordance with paragraph 2.4 below. The Acceptance Criteria for each Critical Transition Milestone is set out in the Transition PID. 1.4.3 The Supplier shall: 1.4.3.1 achieve the Milestone for the Service Commencement Date by the relevant Milestone Date; and 1.4.3.2 deliver the Services to agreed standards and in accordance with Service Levels from the Service Commencement Date. 1.5 KEY SUPPLIER TRANSITION OBLIGATIONS 1.5.1 Notwithstanding and without prejudice to the Supplier’s obligation to complete its obligations under the Transition Plan in accordance with this Contract and Paragraph 1.4.1 above of this Special Term, the Supplier shall deliver the following as part of Transition: 1.5.1.1 If applicable, management of the transfer and assignment of the Transferring Former Supplier Employees to the Supplier service delivery unit in accordance with the Transition Plan and Call-Off Schedule 2 (Staff Transfer); 1.5.1.2 If applicable, integration of Transferring Former Supplier Employees and establishment of the new employment relationship in accordance with the Transition Plan and Call-Off Schedule 2 (Staff Transfer); 1.5.1.3 establishment of an effective governance structure and reporting processes in accordance with Call-Off Schedule 15 (Call-Off Contract Management) in conjunction with the Buyer; 1.5.1.4 development and implementation of internal financial processes, reporting and systems towards on-going service delivery and management to the Buyer; 1.5.1.5 effective handover from the Supplier’s bid team to the Supplier’s delivery teams ensuring the delivery teams have full understanding of the Services as well as the intent and spirit of the Contract; and 1.5.1.6 completion of all activities necessary to enable the Supplier to perform its obligations to deliver the Services and to meet the Service Levels. Last Updated: 22 November 2023, 15:01 16. Please provide the Transition Requirements (per the Authority’s offer to share them in advance of Stage Two). The full terms are too lengthy to publish in one field so will be published in Parts - Part One A. TRANSITION If, following this Further Competition, a Replacement Supplier is appointed to deliver the Services then the Authority believes that a comprehensive Transition service will be required from the Supplier. If the incumbent supplier is re-appointed following the Further Competition, then transition to the new service delivery model will be required. Therefore, the Transition Requirements below shall apply to a Replacement Supplier and Call-Off Schedule 13 (Implementation Plan and Testing) shall apply if the incumbent supplier is re-appointed. 1 TRANSITION REQUIREMENTS 1.1 OVERVIEW 1.1.1 This section 1 sets out the general requirements for Transition, including: 1.1.1.1 Transition Plan; 1.1.1.2 Delivery of the Transition Services, including Transition Deliverables and Acceptance Criteria; 1.1.1.3 Management of Milestones; 1.1.1.4 Issues and risks management; 1.1.1.5 Transition Governance; and 1.1.1.6 Transition Change Control. 1.1.2 No description of the Transition Services or responsibilities set out in these Special Terms shall be construed as an exhaustive statement of the tasks, functions and processes to be performed by the Supplier. Such descriptions shall be deemed to include all tasks, functions and processes reasonably inferred from, or reasonably incidental to, or necessary for, the performance of the relevant Transition Services or responsibilities and the Supplier shall anticipate, identify and (in consultation with the Buyer) implement any such tasks, functions and processes that may be required to ensure successful delivery of the Transition Services under this Contract but which are not specifically referenced in this Contract. 1.2 GENERAL 1.2.1 The Supplier shall: 1.2.1.1 assign appropriately skilled and experienced resource to carry out its Transition roles and responsibilities; and 1.2.1.2 ensure that any individual assigned a role within Transition undertakes all tasks to the required standard of performance. 1.2.2 The Supplier Transition Manager shall manage the Supplier’s Transition responsibilities to ensure the agreed outputs are achieved in the agreed timescales and to the agreed quality. 1.2.3 The Supplier shall: 1.2.3.1 interact and collaborate with the Former Supplier through the channels agreed in the Detailed Transition Plan; 1.2.3.2 participate where required in Transition related meetings, such meetings to be held in the UK; 1.2.3.3 complete actions by the agreed due dates, unless otherwise formally agreed by Buyer; 1.2.3.4 issue any documentation to agreed timescales and in the agreed formats; and 1.2.3.5 work collaboratively with the Buyer, Former Supplier, other suppliers and relevant third parties, where appropriate, to deliver the Transition Services. 1.3 TRANSITION PID & DETAILED TRANSITION PLAN 1.3.1 Upon the Call-Off Start Date the Buyer shall request details of any Transferring Former Supplier Employees from the Former Supplier. 1.3.2 Upon receipt of details of the Transferring Former Supplier Employees from either the Former Supplier or the Buyer, the Supplier shall have ten (10) Working Days to update the outline Transition Plan submitted as part of its Further Competition response and deliver this detailed Transition Plan and a Transition PID to the Buyer. If there are no Transferring Former Supplier Employees then the Supplier shall the ten (10) Working Days referenced above shall commence upon the date that either the Former Supplier or the Buyer advises the Supplier that there are none. 1.3.3 The Buyer shall have five (5) Working Days to review the detailed Transition Plan and Transition PID and shall not unreasonably withhold approval of the updated draft provided that the Supplier shall incorporate the Buyer’s reasonable requirements into it. 1.3.4 The Transition project initiation document (“Transition PID”) in Annex 1 (Transition Project Initiation Document) sets out: 1.3.4.1 the Transition Plan, including the Critical Transition Milestones, Transition Milestones and associated Acceptance Criteria; 1.3.4.2 a quality plan; 1.3.4.3 communications plan; 1.3.4.4 roles and responsibilities; 1.3.4.5 Gantt chart; and 1.3.4.6 resource plan. 1.3.5 If any of the Supplier or the Buyer want to make any changes to the Transition PID and/or Transition Plan after the Commencement Date, then those changes shall be dealt with as a Variation, as set out in the Core Terms. Last Updated: 22 November 2023, 14:57 17. The requirements document lists "Programme Support Hours" in section 4.2.5 that differ from working hours listed in 6.7. Please can you clarify which services / resources each relates to or if this is an error? 4.2.5 sets out the hours for when Service Management services are required. Section 6.7 sets out the Authority’s general working practices for development and delivery staff and to enable the supplier to deliver the services there is a general expectation that if the supplier needs to engage our staff it will be during our working hours. Last Updated: 22 November 2023, 13:55 18. Section 6.3 of the requirements document contains drafting notes. Please can you provide this paragraph again so bidders can be certain of the requirement? The drafting notes are purposefully included so that bidders understand what applies depending upon whether they are the incumbent or not. An Implementation Milestone would apply if the incumbent is successful whilst a Transition Milestone would apply if a replacement supplier is appointed. Last Updated: 22 November 2023, 13:54 19. The requirements ask that, if the successful bidder is not the incumbent, that they ensure "there are sufficient DV cleared resources to support transition from the incumbent supplier in accordance with the Transition Plan from the Contract Start Date". We note more detail will be provided as Stage 2, but for the purposes of Stage 1 please can you provide a working assumption for ‘sufficient resources’ so bidders can assess their ability to comply with this requirement? The working assumption is that the number of resources required to be cleared from day one, is as set out in paragraph 2.4 of the Stage One requirements document. Any additional resources that the Bidder requires to manage transition do not need to be DV cleared if they do not access Top Secret Assets, but will require SC clearance. Last Updated: 22 November 2023, 13:53 20. Can the authority provide more information as to why all resources to be proposed must be capable of DV clearance when the most sensitive material referenced in the requirements is SECRET? To fully deliver the Services supplier staff will have regular or uncontrolled access to Top Secret assets. To have unrestricted access to the environment with this classification of data DV is required. The vetting standards say that SC only allows occasional, supervised access to Top Secret information, but the Authority does not have the DV cleared and technically qualified resources to monitor supplier access. In line with the Government Security Classifications Policy, this is why we have the requirements for DV clearance. Last Updated: 22 November 2023, 13:51 21. The requirements ask the successful bidder to "Provide resources that are capable of achieving DV clearance." No supplier can provide people guaranteed to be capable of achieving this level of clearance as it considers factors outside the control of the individual and the supplier. Can we interpret this to mean 'provide resources the supplier reasonably expects can achieve DV clearance'? We expect Bidders to undertake due diligence in relation to DV clearance of proposed resources. So long as the bidder has undertaken such due diligence then we would concur with your meaning that this means 'provide resources the supplier reasonably expects can achieve DV clearance'. However, irrespective of due diligence, the Supplier shall bear the risk in any resources it proposes subsequently not receiving clearance. For information, the checks that will be undertaken to achieve DV clearance are set out in National security vetting: clearance levels - GOV.UK https://www.gov.uk/government/publications/united-kingdom-security-vetting-clearance-levels/national-security-vetting-clearance-levels Last Updated: 22 November 2023, 13:50 22. The requirements ask that the successful bidder proposes resources that have "a minimum of SC security clearance that can be transferred to the HO". In a subsequent paragraph a requirement states "The Supplier must also have NPPV3 cleared System Engineers from the Call-Off Contract Start Date". Please can you clarify which (or if both) is required? Both statements are true. All resources must have a minimum of SC clearances and paragraph 2.4 further sets out the resources that are required to have DV clearance from Day 1, including the NPPV3 cleared system engineers (those supplier staff that physically access Home Office Data Centres), which must also be DV cleared. These may or may not be (at the supplier’s discretion) part of the cohort of 8 resources requiring DV clearance set out in that paragraph and repeated below: o Roles A - Day 1 DV clearances are required for infrastructure/data access: • 1 x Delivery Manager • 1 x Business Analyst • 2 x Infrastructure Engineers • 2 x Software Developers • 2 x Development Operations Engineers o The Supplier must also have NPPV3 cleared System Engineers from the Call-Off Contract Start Date. Note, these can be the same resources as are DV cleared above. Last Updated: 22 November 2023, 13:45 23. Please can the Authority extend the clarification question window or commit to re-opening it again later in the procurement. 2 business days has not been sufficient time to fully review and consult on the volume of information provided. Additionally, if additional information is to be provided to short-listed bidders at Stage 2, an opportunity to ask questions about that would be essential. A further clarification window is included in the second stage of the procurement. The portal does not allow these dates to be added, but for the benefit of bidders this will be open from the launch of Stage Two for a period of two weeks. Last Updated: 22 November 2023, 13:44 24. 1. Are there any ethical wall arrangements in place with the incumbent to ensure a level playing field? The incumbent has not confirmed whether it is bidding. If they do wish to bid, then an EWA will be required. Last Updated: 22 November 2023, 13:42