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03 Contract Award Notice - Successful Supplier(s)

Schools Information Management System (SIMS)

  • First published: 04 April 2022
  • Last modified: 04 April 2022
  • Version: N/A
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To record your interest or obtain additional information or documents please find instructions within the Full Notice Text. (NOTE: Contract Award Notices and Prior Information Notices do not normally require a response)

Contents

Summary

OCID:
ocds-kuma6s-120133
Published by:
Wrexham County Borough Council
Authority ID:
AA0264
Publication date:
04 April 2022
Deadline date:
-
Notice type:
03 Contract Award Notice - Successful Supplier(s)
Has documents:
No
Has SPD:
No
Has Carbon Reduction Plan:
N/A

Abstract

Transition from existing contractual model of perpetual licence of SIMS to local authority with associated support services, to software as a service model contracting directly with individual schools to provide SIMS and associated support services. CPV: 72000000, 72260000, 72268000, 72261000, 72300000, 72310000, 72320000.

Full notice text

Contract award notice

Results of the procurement procedure

Section I: Contracting entity

I.1) Name and addresses

Wrexham County Borough Council

Commissioning Procurement and Contract Management Unit, Lampbit Street

Wrexham

LL11 1AR

UK

E-mail: procurement@wrexham.gov.uk

NUTS: UKL23

Internet address(es)

Main address: www.wrexham.gov.uk

Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0264

I.4) Type of the contracting authority

Regional or local authority

I.5) Main activity

General public services

Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Schools Information Management System (SIMS)

Reference number: PROC21-165

II.1.2) Main CPV code

72000000

 

II.1.3) Type of contract

Services

II.1.4) Short description

Transition from existing contractual model of perpetual licence of SIMS to local authority with associated support services, to software as a service model contracting directly with individual schools to provide SIMS and associated support services.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Lowest offer: 200.64  GBP/ Highest offer: 10 957.44  GBP

II.2) Description

II.2.2) Additional CPV code(s)

72260000

72268000

72261000

72300000

72310000

72320000

II.2.3) Place of performance

NUTS code:

UKL23

II.2.4) Description of the procurement

Prior to the award of these contracts, the current provider (ESS) had a contract with the local authority under which it provided a perpetual licence to the local authority for the purpose of providing SIMS to the schools in the local authority's area, with associated support services.

ESS has now served notice to terminate that contract and requires that, in order to continue provision of SIMS, individual schools must enter into direct contracts with ESS to receive SIMS as software as a service.

In order to bring about the transition, the local authority will enter into a Facilitation Agreement ("FA") with ESS under which nothing of value is received by ESS and no material services are provided to the local authority; it is purely an administrative arrangement to effect the transition. Each school in the local authority's area will enter into a School Contract ("SC") with ESS for the direct provision of SIMS as software as a service, at substantially the same cost as before.

The highest value SC is 10957.44 and the lowest value SC is 200.64.

The schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:

Acrefair Primary School

Acton Park Primary School

Alexandra Community Primary School

All Saints School

Barkers Lane Primary School

Black Lane Primary School

Borderbrook School

Borras Park Community School

Bronington V A Primary School

Brynteg Primary School

Bwlchgwyn Primary School

Cefn Mawr Primary School

Eyton Primary School

Froncysyllte Primary School

Garth CP School

Gwenfro Community Primary School

Gwersyllt Community Primary School

Hafod y Wern Community Primary School

Holt Primary School

Llanarmon Dyffryn Ceiriog Prim Sch

Madras V P Primary School

Minera Primary School

Park Community Primary School

Pentre Controlled Primary School

Penycae Community Primary School

Penygelli CP School

Rhosddu Primary School

Rhostyllen Primary School

Rhosymedre Community Primary School

Rofft Primary School The

St Annes RC Primary School

St Chads Church in Wales Aid Sch

St Christophers School

St Giles VC Church in Wales Primary School

St Marys Brymbo VA Primary School

St Marys C In W Primary School

St Marys C in W School

St Marys Catholic Primary School

St Pauls Church in Wales VA Primary School

St Peters Primary School

Victoria Junior School

Wats Dyke Primary School

Ysgol Cae’r Gwenyn

Gorwelion Newydd

Ysgol Bodhyfryd

Ysgol Bro Alun

Ysgol Bryn Tabor

Ysgol Cynddelw

Ysgol Gynradd Deiniol

Ysgol Heulfan

Ysgol Hooson

Ysgol Maes Y Llan

Ysgol Maes Y Mynydd

Ysgol Min Y Ddol

Ysgol Penrhyn New Broughton Primary School

Ysgol Plas Coch

Ysgol Sant Dunawd

Ysgol Tanyfron Primary School

Ysgol y Waun

Ysgol Yr Hafod, Johnstown

Ysgol Llan-y-pwll

Darland High School

Maelor School The

St Josephs Catholic and Anglican High School

Ysgol Bryn Alyn

Ysgol Clywedog

Ysgol Morgan Llwyd

Ysgol Rhiwabon

Ysgol Rhosnesni High

Ysgol Y Grango

The local authority publishes this notice on behalf of itself and the schools listed above but is not acting as a central purchasing body on behalf of the schools.

II.2.5) Award criteria

Price

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

II.2.14) Additional information

Contract duration: 36 months

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

Award of a contract without prior publication of a call for competition

Justification for selected award procedure:

The procurement falls outside the scope of application of the Directive

Explanation

This contract award notice is intended to be a relevant contract award notice pursuant to Reg. 93(2), (3) and (4) of the Public Contracts Regulations 2015. It is published on a wholly voluntary basis and without prejudice to the local authority's and the governing body of each individual school's position that no prior publication of a contract notice, and thus no competitive tender exercise, was required in respect of the Facilitation Agreement (FA) and/or the individual Schools Contracts (SC).

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

Section V: Award of contract

A contract/lot is awarded: Yes

V.2 Award of contract

V.2.1) Date of conclusion of the contract

18/02/2022

V.2.2) Information about tenders

Number of tenders received: 1

Number of tenders received from SMEs: 0

Number of tenders received from tenderers from EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 1

Number of tenders received by electronic means: 0

The contract has been awarded to a group of economic operators: No

V.2.3) Name and address of the contractor

Education Software Solutions Limited

11 Kingsley Lodge, 13 New Cavendish Street

London

W1G9UG

UK

NUTS: UKI

The contractor is an SME: No

V.2.4) Information on value of the contract/lot (excluding VAT)

Total value of the contract/lot: Lowest offer: 200.64  GBP / Highest offer: 10 957.44  GBP

V.2.5) Information about subcontracting

Section VI: Complementary information

VI.3) Additional information

continued from: iv.1.1 - ANNEX D - Justification for the award of the contract without prior publication of a call for competition

Neither the local authority nor the governing body of any of the schools listed above accepts that the FA and/or the individual SCs are within the scope of application of Part 2 of the Public Contracts Regulations 2015 (as amended).

The FA has no "value" as such but simply puts in place an administrative mechanism to manage the transition of contracts from local authorities to schools. It is therefore below the threshold set out in Reg. 5 (as reviewed pursuant to Reg. 5A) of the 2015 Regulations and thus Part 2 of the 2015 Regulations does not apply.

The governing body of each individual school is a separate contracting authority and each individual SC is a separate contract. The values of the individual SCs entered into in the local authority's area range between 200.64 and 10,957.44 in total over the three-year duration of each SC. Each such individual contract is therefore below the threshold set out in Reg. 5 (as reviewed pursuant to Reg. 5A) of the 2015 Regulations and thus Part 2 of the 2015 Regulations does not apply.

Further or in the alternative, neither the FA nor the individual SCs are subject to a requirement to carry out prior publication of a contract notice and/or any form of competitive tender, because the services can only be provided by one particular economic operator (ESS), because competition is absent for technical reasons pursuant to Reg. 32(2)(b)(ii) of the 2015 Regulations. This is because all of the schools in the local authority's area currently use ESS' SIMS product. It would take a minimum of [6 weeks] to transition from ESS' SIMS product to another product, including implementation, testing, training staff and migration of data. To avoid serious disruption to the school's functions, that transition has to take place over the long summer holidays. ESS served 90 days' notice to terminate the current arrangements, shortly before Christmas 2021. It would therefore not be possible, in the timescales imposed by ESS, for schools to tender for and purchase an alternative product and transition to it, without suffering serious disruption to essential services which would affect the ability of schools to continue to function and which may require schools to close.

Further or in the alternative, neither the FA nor the individual SCs are subject to a requirement to carry out prior publication of a contract notice and/or any form of competitive tender, because of urgency pursuant to Reg. 32(2)(c) of the 2015 Regulations. The provision of an information management system is essential to the running of a school and a school cannot function without it. The notice to terminate the current contracts and the short timescale imposed by ESS were unforeseen by the local authority and the schools. Due to the short notice given by ESS, together with the time it would take to prepare and agree a specification and (following a tender exercise) to transition to a new product, the timescales for the open or restricted procedure, or competitive procedure with negotiation, cannot be complied with in the time available.

It is intended in the future to advertise a competitive tender exercise for SIMS on an all-Wales basis, with award and transition to the new contracts resulting from such tender to coincide with the end of the 3-year term of the SCs entered into with ESS. Pre-tender market testing is likely to commence in the near future.

(WA Ref:120133)

VI.4) Procedures for review

VI.4.1) Review body

High Court

Royal Courts of Justice, The Strand

London

WC2A 2LL

UK

Telephone: +44 2079477501

VI.5) Date of dispatch of this notice

04/04/2022

Coding

Commodity categories

ID Title Parent category
72300000 Data services IT services: consulting, software development, Internet and support
72320000 Database services Data services
72310000 Data-processing services Data services
72000000 IT services: consulting, software development, Internet and support Computer and Related Services
72268000 Software supply services Software-related services
72261000 Software support services Software-related services
72260000 Software-related services Software programming and consultancy services

Delivery locations

ID Description
1023 Flintshire and Wrexham

Alert region restrictions

The buyer has restricted the alert for this notice to suppliers based in the following regions.

ID Description
There are no alert restrictions for this notice.

About the buyer

Main contact:
procurement@wrexham.gov.uk
Admin contact:
N/a
Technical contact:
N/a
Other contact:
N/a

Further information

Date Details
No further information has been uploaded.

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