Section one: Contracting authority
one.1) Name and addresses
Caerphilly County Borough Council
Penallta House, Tredomen Park, Ystrad Mynach
Hengoed
CF82 7PG
Contact
Jessica Thomas
Telephone
+44 1443863161
Fax
+44 1443863167
Country
United Kingdom
NUTS code
UKL16 - Gwent Valleys
Internet address(es)
Main address
Buyer's address
https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0272
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)
Reference number
CCBC/PROC71/22/JT
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)
Lowest offer: £378.48 / Highest offer: £36,233.10 taken into consideration
two.2) Description
two.2.2) Additional CPV code(s)
- 72260000 - Software-related services
- 72268000 - Software supply services
- 72261000 - Software support services
- 72300000 - Data services
- 72310000 - Data-processing services
- 72320000 - Database services
two.2.3) Place of performance
NUTS codes
- UKL16 - Gwent Valleys
Main site or place of performance
Caerphilly County Borough
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 36,233.10 GBP and the lowest value SC is 378.48 GBP.
The schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:
Glanynant Learning Centre (PRU)
Cwm Glas Infants School
Rhydri Primary School
Deri Primary School
Fochriw Primary
Cwmaber Junior School
Ty Isaf Infants School
Fleur-De-Lys Primary
Park Primary
Crumlin High Level Primary
Llanfabon Infants School
Cwmaber Infants School
Phillipstown Primary School
Ynysddu Primary School
Pentwynmawr Primary School
Bryn Awel Primary School
Penllwyn Primary
Llancaeach Junior School
Ysgol Gymraeg Gilfach Fargod
Hendre Infants School
Tiryberth Primary
Bedwas Infants
Upper Rhymney Primary School
Bryn Primary
Bedwas Junior
Maesycwmmer Primary School
Graig-Y-Rhacca Primary
Derwendeg Primary School
Hengoed Primary
Machen Primary School
Hendre Junior School
Waunfawr Primary
Markham Primary
Trinant Primary
Ysgol Bro Sannan
Gilfach Fargoed Primary
Greenhill Primary
Ysgol Y Lawnt
Ysgol Gynradd Gymraeg Cwm Derwen
Pantside Primary
Trinity Fields School
Coed-Y-Brain Primary
Ysgol Gymraeg Trelyn
Cwmfelinfach Primary
Pengam Primary
Tyn-y-Wern Primary
Ysgol Penalltau
Pontllanfraith Primary School
Nant Y Parc Primary School
White Rose Primary School
Hendredenny Park Primary
Ysgol Gymraeg Cwm Gwyddon
Aberbargoed Primary School
Glyn-Gaer Primary School
St Helens Rc Primary
Cwmcarn Primary School
Cwm Ifor Primary School
Ysgol Ifor Bach
Abercarn Primary School
Cefn Fforest Primary
Tynewydd Primary School.
Ysgol Gymraeg Bro Allta
St James Primary School
Risca Primary
Plasyfelin Primary School
Cwrt Rawlin Primary School
Libanus Primary
St Gwladys Bargoed School
Blackwood Primary
Ysgol Gymraeg Caerffili
Y G G Y Castell
Ystrad Mynach Primary
Twyn Primary
Ty Sign Primary School
Rhiw Syr Dafydd Primary School
Heolddu Comprehensive School
Lewis School Pengam
Risca Community Comprehensive
Lewis Girls' Comprehensive School
Bedwas High School
Idris Davies School 3 to 18
Blackwood Comprehensive School
Newbridge School
Islwyn High School
St Cenydd School
Ysgol Gyfun Cwm Rhymni
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 from 1 April 2022
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 pursuant to Reg. 93(2), (3) and (4) of the PCR 2015. It is published on a voluntary basis and without prejudice to the LAs and governing body of each school's position that no prior publication of a contract notice and no competitive tender exercise was required in respect of the Facilitation Agreement (FA) and the individual Schools Contracts (SC). Neither the LA nor the governing body of the schools listed above accepts that the FA and SCs are within the scope of application of Part 2 of the PCR 2015 (as amended). The FA has no value but simply puts in place a mechanism to manage the transition of contracts from LAs to schools. It is therefore below the threshold set out in Reg. 5 (as reviewed pursuant to Reg. 5A) of the 2015 Regulations and Part 2 of the 2015 Regulations does not apply. The governing body of each school is a separate contracting authority and each SC is a separate contract. Due to the value each contract being below the threshold set out in Reg. 5 (as reviewed pursuant to Reg. 5A) of the 2015 Regulations and Part 2 of the 2015 Regulations does not apply. Neither the FA nor the SCs are subject to a requirement to carry out prior publication of a contract notice and any form of competitive tender, as the services can only be provided by one supplier (ESS), as competition is absent for technical reasons pursuant to Reg. 32(2)(b)(ii) of the 2015 Regulations. This is because most schools in the local authority's area use ESS' SIMS product. It would take a minimum of 6 weeks to transition from ESS' product to another, including implementation, testing, training and migration of data. To avoid serious disruption to school's functions the transition has to take place over the long summer holidays. ESS served 90 days' notice to terminate current contracts Christmas 2021. It would not be possible in the timescales imposed by ESS, for schools to tender 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 may require schools to close. Neither the FA nor the 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 and a school cannot function without it.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2022/S 000-025889
Section five. Award of contract
Contract No
CCBC/PROC71/22/JT
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
1 April 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: 1
Number of tenders received by electronic means: 1
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
- UKI - London
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Lowest offer: £378.48 / Highest offer: £36,233.10 taken into consideration
Section six. Complementary information
six.3) Additional information
(WA Ref:125379)
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
Royal Courts of Justice, The Strand
London
WC2A 2LL
Telephone
+44 2079477501
Country
United Kingdom