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