Section one: Contracting authority
one.1) Name and addresses
Flintshire County Council
County Hall, Mold
Flintshire
CH7 6NA
Telephone
+44 1352701814
Country
United Kingdom
NUTS code
UKL23 - Flintshire and Wrexham
Internet address(es)
Main address
Buyer's address
https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0419
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: £417,665.07
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
- UKL23 - Flintshire and Wrexham
Main site or place of performance
Flintshire
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 29,269.29 GBP and the lowest value SC is 868.80 GBP (values are for 3 year contract period and exclude any annual inflationary rises).
The schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:
Abermorddu County Primary School 6642084
Alun School 6644006
Argoed High School 6644042
Broughton Primary School 6642268
Bryn Coch Primary School 6642062
Bryn Deva Primary School 6642052
Bryn Garth Primary School 6642013
Bryn Gwalia Primary School 6642068
Bryn Pennant Primary School 6642046
Brynford Primary School 6642065
Carmel Primary School 6642049
Castell Alun High School 6644017
Connahs Quay High School 6644022
Cornist Park County Primary School 6642091
Derwen Primary School 6645200
Drury Primary School 6642089
Elfed High School 6644011
Ewloe Green Primary School 6642012
Flint High School 6644021
Glan Aber Primary School 6642002
Glanrafon Primary School 6642028
Golftyn Primary School 6642077
Gronant County Primary School 6642237
Gwernymynydd Primary School 6642056
Gwynedd Primary School 6642015
Hawarden High School 6644000
Hawarden Village VA Primary School 6643333
Lixwm Church in Wales Voluntary Aided School 6643334
Mountain Lane Primary School 6642063
Nannerch Primary School 6643002
Nercwys Primary School 6643332
Northop Hall Primary School 6642032
Penarlag Community Primary School 6642093
Portfolio PRU 6641102
Queensferry Primary School 6642061
Saltney Ferry Primary School 6642078
Sandycroft Primary School 6642053
Sealand Primary School 6642041
South Down Primary School 6642085
St Anthonys RC Primary School 6643311
St Davids High School 6644013
St Davids RC Primary School 6643308
St Ethelwolds Primary School 6643330
St Johns the Baptist V.A. Primary School 6643331
St Marys RC Primary School 6643306
St Richard Gwyn RC High School 6644600
St Winefride's RC Primary School 6643307
Sychdyn Primary School 6642043
Trelawnyd Primary School 6643316
Venerable Edward Morgan RCP School 6643312
Wepre Primary School 6642086
Westwood Primary School 6642004
Whitford Primary School 6643320
Wood Memorial CP School 6642040
Ysgol Cae'r Nant 6642269
Ysgol Croes Atti Primary School 6642257
Ysgol Derwenfa 6642092
Ysgol Estyn 6642024
Ysgol Gwenffrwd 6642082
Ysgol Gymraeg Mornant 6642021
Ysgol Gynradd Trelogan Pri Sch. 6642044
Ysgol Maes Garmon 6644018
Ysgol Maes Glas 6642018
Ysgol Maes Hyfryd 6647021
Ysgol Maes Y Felin 6642272
Ysgol Merllyn 6642003
Ysgol Myndd Isa 6642267
Ysgol Owen Jones 6642094
Ysgol Parc-y-Llan 6642266
Ysgol Pen Coch 6647020
Ysgol Pennyffordd 6642270
Ysgol Rhos Helyg 6642050
Ysgol Terrig 6642051
Ysgol Treffynnon 6644012
Ysgol Ty Ffynnon 6642271
Ysgol Y Foel Primary School 6642064
Ysgol Yr Esgob 6643303
Ysgol-y-Waun 6642081
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 868.80 GBP and 29,269.29 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
- UKL23 - Flintshire and Wrexham
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £417,665.07
Section six. Complementary information
six.3) Additional information
(WA Ref:120230)
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