Section one: Contracting authority/entity
one.1) Name and addresses
London Grid for Learning
9th Floor 10 Exchange Square, Primrose Street
London
EC2A 2BR
Contact
Mr Terry Brewer
Telephone
+44 2084084455
Country
United Kingdom
Region code
UKI - London
Internet address(es)
Main address
Buyer's address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Education
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
LASS Contract
Reference number
DN677368
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
This VEAT notice relates to the proposed award of a new contract of 60 months duration to the incumbent provider for the period 01/08/2023 to 31/07/2028 with the option of a 36-month extension for the period 01/08/28 to 31/07/31.
London Grid for Learning Trust (LGfL) proposes to award a contract to Atomwide Limited for the provision of its Universal Sign On (USO) platform and Related Services.
The services provided by Atomwide are complex, deeply integrated and dependent on the use of proprietary software that was developed over an extended period. The software is not a commodity product due to its unique nature and its limited market; Atomwide is the only supplier capable of supporting and maintaining it. Consequently, economic operators could not submit competitive tenders for the provision of alternative services without a licence from Atomwide for its proprietary materials resulting in an absence of genuine competition. Following extensive consideration of alternative options, LGfL determined that use of the negotiated procedure without prior notice under Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 was essential for the continued successful operation of LGfL.
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: £21,800,000
two.2) Description
two.2.2) Additional CPV code(s)
- 48000000 - Software package and information systems
- 64215000 - IP telephone services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
LGfL was established in 2001 as a Regional Broadband Authority by the 32 London local authorities and the City of London Council. It was established as a not-for-profit company and a registered charity, and is a body governed by public law. Its purpose is to provide broadband connectivity and Information and Communications Technology and related services to schools in London, LGfL’s ‘customers’. It currently provides essential services to over 3,000 schools providing education to around 1.2 million students each year.
Atomwide developed a proprietary product for the provision of a Universal Sign On (USO) solution and related support services that is inextricably linked to the provision of broadband connectivity and related support and ICT services for the benefit of LGfL’s customers.
The proprietary nature of the USO solution and the nature of its deep and wide integration with the other services provided by LGfL to its customers means that an alternative supplier could not deliver replacement services without a licence from Atomwide. LGfL determined that proper competition would also be absent due to the complexity and interconnected nature of the solution and concluded that use of the negotiated procedure without prior notice under Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 was justified.
LGfL conducted thorough due diligence of its options and satisfied itself that USO is a unique product delivering proprietary and interconnected services for which there is no comparable alternative in the Education market.
LGfL is developing a clear technology and design principles for future solutions which will require the replacement of proprietary solutions with those based on open standards and interoperability. This is a necessary strategic step to replace USO as a central system and to reduce dependency on USO during the term of the new contract.
LGfL has negotiated the terms of a new contract with Atomwide but will voluntarily delay award of the contract for 30 days following the publication of this contract award notice.
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
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
1. LGfL was established in 2001 as a Regional Broadband Authority by the 32 London local authorities and the City of London Council. It was established as a not-for-profit company and a registered charity, and is a body governed by public law. Its purpose is to provide broadband connectivity and Information and Communications Technology and related services to schools in London, LGfL’s ‘customers’. It currently provides essential services to over 3,000 schools providing education to around 1.2 million students each year.
2. Atomwide developed a proprietary product for the provision of a Universal Sign On (USO) solution and related support services that is inextricably linked to the provision of broadband connectivity and related support and ICT services for the benefit of LGfL’s customers.
3. The proprietary nature of the USO solution and the nature of its deep and wide integration with the other services provided by LGfL to its customers means that an alternative supplier could not deliver replacement services without a licence from Atomwide. LGfL determined that proper competition would also be absent due to the complexity and interconnected nature of the solution and concluded that use of the negotiated procedure without prior notice under Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 was justified.
4. LGfL conducted thorough due diligence of its options and satisfied itself that USO is a unique product delivering proprietary and interconnected services for which there is no comparable alternative in the Education market.
5. LGfL is developing a clear technology and design principles for future solutions which will require the replacement of proprietary solutions with those based on open standards and interoperability. This is a necessary strategic step to replace USO as a central system and to reduce dependency on USO during the term of the new contract.
6. LGfL has negotiated the terms of a new contract with Atomwide but will voluntarily delay award of the contract for 30 days following the publication of this contract award notice.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
Contract No
DN677368
Title
LASS Contract
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
2 August 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
ATOMWIDE LIMITED
Wavenet One Central Boulevard, Shirley,
Solihull
B90 8BG
Country
United Kingdom
NUTS code
- UKG - West Midlands (England)
Internet address
https://www.adept.co.uk/atomwide/
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £21,800,000
Total value of the contract/lot/concession: £21,800,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Royal Courts Of Justice
Strand, London WC2A 2LL
London
WC2A 2LL
Country
United Kingdom