Section one: Contracting authority
one.1) Name and addresses
Denbighshire County Council
Wynnstay Road
Ruthin
LL15 1YN
procurement@denbighshire.gov.uk
Telephone
+44 1824712612
Country
United Kingdom
NUTS code
UKL13 - Conwy and Denbighshire
Internet address(es)
Main address
Buyer's address
https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0280
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Schools Information Management System (SIMS)
two.1.2) Main CPV code
- 72000000 - IT services: consulting, software development, Internet and support
two.1.3) Type of contract
Services
two.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.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £210,000
two.2) Description
two.2.2) Additional CPV code(s)
- 72000000 - IT services: consulting, software development, Internet and support
two.2.3) Place of performance
NUTS codes
- UKL13 - Conwy and Denbighshire
Main site or place of performance
Denbighshire
two.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 19,000.00 GBP (3 years) and the lowest value SC is 255.00 GBP (3 years).
The schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:
Name DfE Number
Betws Gwerfil Goch Primary School 6632214
Bodfari Primary School 6632070
Bodnant Community School 6632265
Borthyn Primary School 6633050
Cefn Meiriadog Primary School 6632124
Christ Church C P School 6632038
Christ the Word Catholic School 6635902
Denbigh High School 6634026
Dinas Bran High School 6634027
Frongoch Junior School 6632125
Gellifor Primary School 6632164
Henllan Primary School 6632127
Hiraddug Primary School 6632011
Llanbedr Primary School 6633044
Penmorfa Primary School 6632059
Pentrecelyn Primary School 6632168
Prestatyn High School 6634014
Prion Primary School 6633057
Rhos Street CP School 6632255
Rhyl High School 6634003
St Asaph Infant School 6633024
St Brigids Secondary 6635901
Trefnant Primary School 6633316
Twm O'R Nant County Primary School 6632134
Ysgol Bro Cinmeirch 6632261
Ysgol Bro Dyfrdwy 6632267
Ysgol Bro Elwern 6632219
Ysgol Bro Famau 6632262
Ysgol Bryn Clwyd 6632135
Ysgol Bryn Collen 6632234
Ysgol Bryn Hedydd 6632072
Ysgol Brynhyfryd 6634031
Ysgol Caer Drewyn 6632216
Ysgol Carreg Emlyn 6632268
Ysgol Carrog C.P. School 6632215
Ysgol Clawdd Offa 6632264
Ysgol Dewi Sant 6632066
Ysgol Dyffryn Ial 6633061
Ysgol Emmanuel 6632060
Ysgol Esgob Morgan C.I.W. Voluntary Controlled Primary School 6633062
Ysgol Llanfair Dyffryn Clwyd 6633045
Ysgol Llywelyn 6632039
Ysgol Melyd 6632067
Ysgol Pen Barras 6632256
Ysgol Pendref 6632266
Ysgol Plas Brondyffryn 6637010
Ysgol Plas Cefndy 6631100
Ysgol Tir Morfa 6637000
Ysgol Tremeirchion Primary School 6633020
Ysgol Uwchradd Glan Clwyd 6634020
Ysgol Y Castell 6632037
Ysgol y Faenol 6632057
Ysgol Y Gwernant 6632263
Ysgol Y Llys 6632227
Ysgol Y Parc Infant School 6632136
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.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Contract duration: 36 months
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
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 (LA) and the governing body of each individual school. 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) as neither are within the scope of application of Part 2 of the Public Contracts Regulations 2015 (as amended) due to the following reasons: - The FA has no "value" but simply puts in place an administrative mechanism to transition contracts from LA to schools. It is therefore below the threshold set out in Reg. 5 (as reviewed pursuant to Reg.5A) of the 2015 Regulations. - The governing body of each individual school is a separate contracting entity and each individual SC is a separate contract, each of the individual SCs in the LA's area ranging between 255.00 GBP and 19,000 GBP in total over the three-year duration of each SC. Each individual contract is therefore below the threshold set out in Reg.5 (as reviewed pursuant to Reg.5A) of the 2015 Regulations. Further or in the alternative, neither the FA nor 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. All of the schools in the LA currently use ESS' SIMS product. It would take a minimum of 12mths to transition from ESS'SIMS product to another product. ESS served 90 days notice to terminate the current arrangements mid December 2021, therefore not possible in the timescales for schools to tender and purchase an alternative product and transition to it. - urgency pursuant to Reg. 32(2)(c) of the 2015 Regulations. The provision of SIMS is essential to the running of a school and a school cannot function without it. Due to the short notice given by ESS timescales did not allow for the open or restricted procedure, or competitive procedure with negotiation to be undertaken. It is intended to advertise a competitive tender for SIMS on an all-Wales basis. Award and transition of new contracts to coincide with the end of the 3yr term of the SCs with ESS.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
31 March 2022
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 0
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Education Software Solutions Limited
11 Kingsley Lodge, 13 New Cavendish Street
London
W1G9UG
Country
United Kingdom
NUTS code
- UKL13 - Conwy and Denbighshire
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £210,000
Section six. Complementary information
six.3) Additional information
(WA Ref:120150)
six.4) Procedures for review
six.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
Telephone
+44 2079477501
Country
United Kingdom