Contract Variation for the Provision of the Teachers' Pension Scheme Administration for the UK Department for Education

{
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    "id": "ocds-h6vhtk-02e4be-2021-09-24T22:45:05+01:00",
    "date": "2021-09-24T22:45:05+01:00",
    "ocid": "ocds-h6vhtk-02e4be",
    "description": "A voluntarily 30 day standstill period shall be applied to this modification notice.",
    "initiationType": "tender",
    "tender": {
        "id": "ocds-h6vhtk-02e4be",
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        },
        "title": "Contract Variation for the Provision of the Teachers' Pension Scheme Administration for the UK Department for Education",
        "classification": {
            "scheme": "CPV",
            "id": "66523100",
            "description": "Pension fund administration services"
        },
        "mainProcurementCategory": "services",
        "lots": [
            {
                "id": "1",
                "description": "On 20 December 2018, the Court of Appeal ruled that transitional protection arrangements contained within the judges' and firefighters' pensions schemes (the McCloud and Sargeant cases, respectively) were discriminatory on the grounds of age, sex and race. The transitional protection arrangements are policy provisions that were introduced on 31 March 2012 and enabled those who were closest to their normal pension age to stay in the final salary schemes whilst those who were younger transitioned over into the new Career Average Revalued Earnings (CARE) schemes from 1 April 2015. And therefore there is a need to deliver transitional protection discrimination remedy.",
                "contractPeriod": {
                    "endDate": "2025-09-30T23:59:59+01:00"
                }
            }
        ],
        "items": [
            {
                "id": "1",
                "additionalClassifications": [
                    {
                        "scheme": "CPV",
                        "id": "66000000",
                        "description": "Financial and insurance services"
                    }
                ],
                "deliveryAddresses": [
                    {
                        "region": "UK"
                    }
                ],
                "relatedLot": "1"
            }
        ]
    },
    "awards": [
        {
            "id": "023885-2021-09/S 180-258507/EN-1",
            "relatedLots": [
                "1"
            ],
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-29569",
                    "name": "Capita Employee Benefits Limited"
                }
            ]
        }
    ],
    "parties": [
        {
            "id": "GB-FTS-18168",
            "name": "Department for Education",
            "identifier": {
                "legalName": "Department for Education"
            },
            "address": {
                "streetAddress": "Sanctuary Buildings, 20, Great Smith Street",
                "locality": "London",
                "region": "UK",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "TPS.COMMERCIAL@education.gov.uk"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "https://www.gov.uk/government/organisations/department-for-education"
            }
        },
        {
            "id": "GB-FTS-29569",
            "name": "Capita Employee Benefits Limited",
            "identifier": {
                "legalName": "Capita Employee Benefits Limited"
            },
            "address": {
                "locality": "London",
                "region": "UK",
                "countryName": "United Kingdom"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "scale": "large"
            }
        },
        {
            "id": "GB-FTS-29570",
            "name": "UK Government Cabinet Office",
            "identifier": {
                "legalName": "UK Government Cabinet Office"
            },
            "address": {
                "streetAddress": "70 Whitehall",
                "locality": "London",
                "countryName": "United Kingdom"
            },
            "roles": [
                "reviewBody"
            ]
        },
        {
            "id": "GB-FTS-28443",
            "name": "Department for Education",
            "identifier": {
                "legalName": "Department for Education"
            },
            "address": {
                "streetAddress": "Sanctuary Buildings, 20 Great Smith Street",
                "locality": "London",
                "postalCode": "SW1P 3BT",
                "countryName": "United Kingdom"
            },
            "roles": [
                "mediationBody"
            ]
        }
    ],
    "buyer": {
        "id": "GB-FTS-18168",
        "name": "Department for Education"
    },
    "contracts": [
        {
            "id": "023885-2021-09/S 180-258507/EN-1",
            "awardID": "023885-2021-09/S 180-258507/EN-1",
            "status": "active",
            "value": {
                "amount": 213641111,
                "currency": "GBP"
            },
            "dateSigned": "2011-04-24T00:00:00+01:00",
            "period": {
                "endDate": "2025-09-30T23:59:59+01:00"
            },
            "items": [
                {
                    "id": "1",
                    "classification": {
                        "scheme": "CPV",
                        "id": "66523100",
                        "description": "Pension fund administration services"
                    },
                    "additionalClassifications": [
                        {
                            "scheme": "CPV",
                            "id": "66000000",
                            "description": "Financial and insurance services"
                        }
                    ],
                    "deliveryAddresses": [
                        {
                            "region": "UK"
                        }
                    ],
                    "relatedLot": "1"
                }
            ],
            "amendments": [
                {
                    "id": "1",
                    "description": "This is a contract modification delivered under the Public Contracts Regulations (2015) regulation 72(1)(b) to rectify member records. The Court of Appeal determined, on 20 December 2018, that the transitional protection arrangements contained within the Firefighters' (Sargeant) and Judicial (McCloud) pension schemes (introduced as part of pension scheme reforms in 2015) constituted unlawful discrimination. While the Court of Appeal decision relates specifically to the Firefighters and Judges' schemes, HM Treasury has confirmed that it impacts all main public service schemes, including the Teachers' Pensions Scheme. The Court of Appeal ruling therefore has two main effects for the TPS: We must amend the Scheme to avoid further discrimination going forward; and TPS members who have already been impacted by the discrimination must be appropriately compensated. We now need to deliver the transitional protection discrimination remedy in accordance with the primary legislation that HM Treasury is bringing forward and consequential amendments to the statutory regulations that govern the Scheme. Value of the Variation Increase in price will be up to 20,597,816 GBP against the current contract value of 193,043,295 GBP.",
                    "rationale": "Need for additional works, services or supplies by the original contractor/concessionaire: The contracting authority is relying on Regulation 72.1.b. due to economic and technical reasons that a change of contractor would cause significant inconvenience and have to overcome significant technical barriers in order to amend and reconcile live pension data as well as substantial duplication of costs for the contracting authority."
                }
            ]
        }
    ],
    "links": [
        {
            "rel": "prev",
            "href": "https://ted.europa.eu/udl?uri=TED:NOTICE:122386-2020:TEXT:EN:HTML"
        }
    ],
    "language": "en"
}