Re-engagement of Simply Change (FOI)
Re-engagement of Simply Change (FOI)Produced by the Freedom of Information office
Authored by Government of Jersey and published on 17 April 2023.
Prepared internally, no external costs.
'Evergreen' procurement of Simply Change IT Service (procurement / Public Finance Manual Breach
In previous FoI's the engagements for Simply Change were scheduled to end on 31 December 2022 in the Government of Jersey.
Simply Change engagement (FOI)
According to the following FoI Simply Change is(was) not part of the Professional Services Framework. However, this company benefiting of several previous "Direct Awards" the first of which started in 2019 before the COVID pandemic and were all reported to be non-competitive tenders excluding local companies which was overseen (and requested) by the previous Director of M&D (Garry Bowles) who was affiliated to company (Clear Alignment UK) with Rob Walsh and Stephen Whitehead who were directors, through the use of his home (Jersey) address in St Brelade Park Estate and Jersey Mobile number.
Based on the previous FOI response, it appears these awards were undertaken without the provision of declaration of interest form (also likely to be a breach) and was signed off by John Quinn who recently left the Government of Jersey (31 January 2023). The last of these Direct Awards ended on 31 December 2022 is now believed to have expired.
Simply Change engagements (FOI)
With this in mind:
Has "re-engagement" with Simply Change for 2023 taken place?
Is this now under a new "Direct Award"?
If not, how many companies responded to the tender?
What period was the tender live and provide a list of companies invited to respond?
Which roles and individuals were included on the selection panel?
How many of these were local companies?
Is Simply Change now part of the "Professional Services Framework?
Please can the engagement numbers, description and dates (produced in similar fashion to the previous FoI request be provided for 2023 and 2024?
What is the total spend with Simply Change to-date?
What is the forecast costs for these services?
What is the end date for this new provision?
Who signed off and authorised this engagement (role and name)?
What is the financial spend limit for this individual (L) that signed off this additional engagement?
Was the Minister for digital, Deputy Alex Curtis aware of this engagement and is he aware of the previous FoI and procurement and Public Finance Manual (Law) rule breaches?
How many Simply Change Staff members will be employed under active and open engagements?
What roles will they perform?
Which of these roles are being paid subsistance and or travel and or accommodation?
Answer L of the above FoI cited the Chief Operating Officer as the Responsible and Accountable Officer for Simply Change performance and benefits realisation across various Modernisation and Digital (and Integrated Technology Solution) engagements. With the Modernisation and Digital Contract now finished, and if Simply Change is still providing services to the Government of Jersey, who would be the new Responsible and Accountable Officer taking such a role now John Quinn has left, and to what Department are they aligned (or representing) when executing such role?
Which roles, individuals and companies (please list) have been responsible for providing UAT (User Acceptance Testing) for the ITS (Integrated Technology Solution known as Connect)?
What action has the head of procurement (Maria Bembow) or Head of Audit (Catherine Madden) taken to prevent further breaches of direct awards and non-declaration of interest forms being completed?
What disciplinary action has been taken by Human Resource People Services on Civil Servants that repeatedly did not follow the rules (which are part of the Finance Jersey Law) when these officers were conflicted and 'clearly aligned'?
Simply Change are engaged to provide professional services to the Government of Jersey in 2023.
Simply Change are one of a number of organisations able to provide services under the government of Jersey Professional Services Framework for Change and Digital. These services were awarded under the Master Services Agreement with Simply Change through a Direct Award.
C and F
Please see response to B.
Simply Change is part of the Government of Jersey Professional Services Framework for Change and Digital, following a full and competitive retender of the Framework in 2022.
Please see the attached table.
Please see response to H.
Please see response to H.
K to M
Please see response to H.
Information is not held in recorded form by the Government of Jersey in relation to the Minister being aware of this engagement or to the previous FOI referenced above, or any Public Finance Manual (Law) rule breaches related to Simply Change. As a result, Article 3 of the Freedom of Information (Jersey) Law 2011 has been applied.
The Government of Jersey has professional contacts in place with Simply Change for professional services, currently, three individuals are providing these services.
Simply Change employees do not perform roles, rather Simply Change is engaged by the Government of Jersey to provide professional services.
Please see response to P.
The Accountable Officers responsible for these contracts are the Treasurer of the States (for the ITS Programme and Corporate Portfolio Management Office) and the Assistant Chief Executive for People, Policy and Digital (for Modernisation and Digital).
Testing for the ITS solution has been carried out by:
- Boxing Cheetah
- Employed Government of Jersey resource
Please see response to M) above, there have been no breaches.
Procurement activity such as Simply Change is owned and managed through the departments. The role of Commercial Services (which includes the central procurement team) and Audit is to provide clear guidance on how to procure goods and services in a compliant manner in accordance to the PFM (Public Finance Manual) which all departments follow.
Non-performance of Government of Jersey Employees is governed by the Government of Jersey Capability Policy. As the number is small, it cannot be broken down further, as to do so would impact on the privacy of individuals. Therefore, Article 25 of the Freedom of Information (Jersey) Law 2011 has been applied.
Article 3 - Meaning of “information held by a public authority”
For the purposes of this Law, information is held by a public authority if –
(a) it is held by the authority, otherwise than on behalf of another person; or
(b) it is held by another person on behalf of the authority.
Article 25 - Personal information
(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.
(2) Information is absolutely exempt information if –
(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and
(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.