Schools Information Management System (SIMS)

{
  "id": "009322-2022",
  "tag": [
    "award",
    "contract"
  ],
  "bids": {
    "statistics": [
      {
        "id": "1",
        "value": 1,
        "measure": "bids",
        "relatedLot": "1"
      },
      {
        "id": "2",
        "value": 0,
        "measure": "smeBids",
        "relatedLot": "1"
      },
      {
        "id": "3",
        "value": 0,
        "measure": "foreignBidsFromEU",
        "relatedLot": "1"
      },
      {
        "id": "4",
        "value": 0,
        "measure": "foreignBidsFromNonEU",
        "relatedLot": "1"
      },
      {
        "id": "5",
        "value": 0,
        "measure": "electronicBids",
        "relatedLot": "1"
      }
    ]
  },
  "date": "2022-04-07T08:54:59+01:00",
  "ocid": "ocds-h6vhtk-032b05",
  "buyer": {
    "id": "GB-FTS-1558",
    "name": "Denbighshire County Council"
  },
  "awards": [
    {
      "id": "009322-2022-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-47665",
          "name": "Education Software Solutions Limited"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "ocds-h6vhtk-032b05",
    "lots": [
      {
        "id": "1",
        "status": "cancelled",
        "hasOptions": false,
        "description": "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.\nESS 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.\nIn 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.\nThe highest value SC is 19,000.00 GBP (3 years) and the lowest value SC is 255.00 GBP (3 years).\nThe schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:\nName\tDfE Number\nBetws Gwerfil Goch Primary School\t6632214\nBodfari Primary School\t6632070\nBodnant Community School\t6632265\nBorthyn Primary School\t6633050\nCefn Meiriadog Primary School\t6632124\nChrist Church C P School\t6632038\nChrist the Word Catholic School\t6635902\nDenbigh High School\t6634026\nDinas Bran High School\t6634027\nFrongoch Junior School\t6632125\nGellifor Primary School\t6632164\nHenllan Primary School\t6632127\nHiraddug Primary School\t6632011\nLlanbedr Primary School\t6633044\nPenmorfa Primary School\t6632059\nPentrecelyn Primary School\t6632168\nPrestatyn High School\t6634014\nPrion Primary School\t6633057\nRhos Street CP School\t6632255\nRhyl High School\t6634003\nSt Asaph Infant School\t6633024\nSt Brigids Secondary\t6635901\nTrefnant Primary School\t6633316\nTwm O'R Nant County Primary School\t6632134\nYsgol Bro Cinmeirch\t6632261\nYsgol Bro Dyfrdwy\t6632267\nYsgol Bro Elwern\t6632219\nYsgol Bro Famau\t6632262\nYsgol Bryn Clwyd\t6632135\nYsgol Bryn Collen\t6632234\nYsgol Bryn Hedydd\t6632072\nYsgol Brynhyfryd\t6634031\nYsgol Caer Drewyn\t6632216\nYsgol Carreg Emlyn\t6632268\nYsgol Carrog C.P. School\t6632215\nYsgol Clawdd Offa\t6632264\nYsgol Dewi Sant\t6632066\nYsgol Dyffryn Ial\t6633061\nYsgol Emmanuel\t6632060\nYsgol Esgob Morgan C.I.W. Voluntary Controlled Primary School\t6633062\nYsgol Llanfair Dyffryn Clwyd\t6633045\nYsgol Llywelyn\t6632039\nYsgol Melyd\t6632067\nYsgol Pen Barras\t6632256\nYsgol Pendref\t6632266\nYsgol Plas Brondyffryn\t6637010\nYsgol Plas Cefndy\t6631100\nYsgol Tir Morfa\t6637000\nYsgol Tremeirchion Primary School\t6633020\nYsgol Uwchradd Glan Clwyd\t6634020\nYsgol Y Castell\t6632037\nYsgol y Faenol\t6632057\nYsgol Y Gwernant\t6632263\nYsgol Y Llys\t6632227\nYsgol Y Parc Infant School\t6632136\nThe 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. Additional information: Contract duration: 36 months",
        "awardCriteria": {
          "criteria": [
            {
              "type": "price"
            }
          ]
        }
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryLocation": {
          "description": "Denbighshire"
        },
        "deliveryAddresses": [
          {
            "region": "UKL13"
          }
        ],
        "additionalClassifications": [
          {
            "id": "72000000",
            "scheme": "CPV",
            "description": "IT services: consulting, software development, Internet and support"
          }
        ]
      }
    ],
    "title": "Schools Information Management System (SIMS)",
    "status": "complete",
    "coveredBy": [
      "GPA"
    ],
    "legalBasis": {
      "id": "32014L0024",
      "scheme": "CELEX"
    },
    "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.",
    "classification": {
      "id": "72000000",
      "scheme": "CPV",
      "description": "IT services: consulting, software development, Internet and support"
    },
    "procurementMethod": "limited",
    "mainProcurementCategory": "services",
    "procurementMethodDetails": "Award procedure without prior publication of a call for competition",
    "procurementMethodRationale": "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.",
    "procurementMethodRationaleClassifications": [
      {
        "id": "D_OUTSIDE_SCOPE",
        "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
        "description": "The procurement falls outside the scope of application of the directive"
      }
    ]
  },
  "parties": [
    {
      "id": "GB-FTS-1558",
      "name": "Denbighshire County Council",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UKL13",
        "locality": "Ruthin",
        "postalCode": "LL15 1YN",
        "countryName": "United Kingdom",
        "streetAddress": "Wynnstay Road"
      },
      "details": {
        "url": "http://www.denbighshire.gov.uk",
        "buyerProfile": "https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0280",
        "classifications": [
          {
            "id": "REGIONAL_AUTHORITY",
            "scheme": "TED_CA_TYPE",
            "description": "Regional or local authority"
          },
          {
            "id": "01",
            "scheme": "COFOG",
            "description": "General public services"
          }
        ]
      },
      "identifier": {
        "legalName": "Denbighshire County Council"
      },
      "contactPoint": {
        "email": "procurement@denbighshire.gov.uk",
        "telephone": "+44 1824712612"
      }
    },
    {
      "id": "GB-FTS-47665",
      "name": "Education Software Solutions Limited",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKL13",
        "locality": "London",
        "postalCode": "W1G9UG",
        "countryName": "United Kingdom",
        "streetAddress": "11 Kingsley Lodge, 13 New Cavendish Street"
      },
      "details": {
        "scale": "large"
      },
      "identifier": {
        "legalName": "Education Software Solutions Limited"
      }
    },
    {
      "id": "GB-FTS-111",
      "name": "High Court",
      "roles": [
        "reviewBody"
      ],
      "address": {
        "locality": "London",
        "postalCode": "WC2A 2LL",
        "countryName": "United Kingdom",
        "streetAddress": "Royal Courts of Justice, The Strand"
      },
      "identifier": {
        "legalName": "High Court"
      },
      "contactPoint": {
        "telephone": "+44 2079477501"
      }
    }
  ],
  "language": "en",
  "contracts": [
    {
      "id": "009322-2022-1",
      "value": {
        "amount": 210000,
        "currency": "GBP"
      },
      "status": "active",
      "awardID": "009322-2022-1",
      "dateSigned": "2022-03-31T00:00:00+01:00"
    }
  ],
  "description": "(WA Ref:120150)",
  "initiationType": "tender"
}