Find a TenderAwarded without competition
Published 7 Apr 2022, 09:01 BST

Official UK procurement notice

Schools Information Management System (SIMS)

Official notice

Authority: Flintshire County Council (Local council)

ServicesAward procedure without prior publication of a call for competition
Awarded value£417,665published contract · exc. VAT
Awarded 31 Mar 2022no call for competition
Awarded to Education Software Solutions Ltd

What is being bought

Published requirement 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.

CPV: IT services: consulting, software development, Internet and support

The lotProcurement structure

single lot · no lot value published
Lot #1Prior to the award of these contracts, the current provider (ESS) had a contract with…Awarded

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. Additional information: Contract duration: 36 months

Delivery: Wales · Flintshire

Procedure terms & legal framework

From the official record · publisher note attached
Procedure method
Award procedure without prior publication of a call for competition
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Services
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Direct award (no call for competition)
GPA / WTO covered
Yes (GPA)
Recurring procurement
Unspecified in notice
First published
7 Apr 2022, 09:01 BST
Last source update
7 Apr 2022, 09:01 BST
FTS notice number
2022/S 000-009323
Classification (CPV)
IT services: consulting, software development, Internet and support
Delivery area
Wales (UKL23)
Official registry OCID
ocds-h6vhtk-032b06 Find a Tender
Why no open competition
The procurement falls outside the scope of application of the directive
Published justification

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.

Publisher note: (WA Ref:120230)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £417,6651 contract exc. VAT
Bids received 1
Contracts signed 1latest 31 Mar 2022
Awarded toValueDateStatus
Education Software Solutions Ltd£417,665 †—Awarded

Contracts

Bid statistics published by the authority

BidsSMEVCSEValid bid range
1bids · 0 electronic0——

Contracting authority & participating public bodies

Flintshire County Council

Contracting authorityLocal CouncilRegional or local authorityGeneral public services County Hall, Mold, Flintshire, Wales, CH7 6NAContact email, phone

Dispute resolution & review bodies

  • High CourtReview body LondonContact phone

Bidders & participating suppliers

1 commercial party on the notice

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.