Find a TenderAwarded without competition
Published 15 Sept 2022, 10:25 BST

Official UK procurement notice

Schools Information Management System (SIMS)

Official notice

Authority: Caerphilly County Borough Council (Local council)

ServicesAward procedure without prior publication of a call for competition
Budget not disclosedValue not published
Awarded 1 Apr 2022no call for competition
Awarded to Education Software Solutions Ltd2 awards

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: Data services · Data-processing services · Database services · IT services: consulting, software development, Internet and support · Software supply services · Software support services · Software-related services

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 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. Additional information: Contract duration: 36 months from 1 April 2022

Delivery: Wales · Caerphilly County Borough

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
15 Sept 2022, 10:25 BST
Last source update
6 Oct 2022, 08:56 BST
Authority reference
CCBC/PROC71/22/JT
FTS notice number
2022/S 000-028036
Classification (CPV)
Data servicesData-processing servicesDatabase servicesIT services: consulting, software development, Internet and supportSoftware supply servicesSoftware support servicesSoftware-related services
Delivery area
Wales (UKL16)
Official registry OCID
ocds-h6vhtk-0368ac 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 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.

Publisher note: (WA Ref:125379)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 2
Bids received 1
Contracts signed 2latest 1 Apr 2022
Awarded toValueDateStatus
Education Software Solutions Ltd——Awarded
Education Software Solutions Ltd——Awarded

Contracts

Bid statistics published by the authority

LotBidsSMEVCSEValid bid range
Prior to the award of these contracts, the current provider (ESS) had a contract with…1bids · 1 electronic · 1 from abroad0—£378 – £36,233
Whole notice———£378 – £36,233

Contracting authority & participating public bodies

Caerphilly County Borough Council

Contracting authorityLocal CouncilRegional or local authorityGeneral public services Penallta House, Tredomen Park, Ystrad Mynach, Hengoed, Wales, CF82 7PGContact name, email, phone

Dispute resolution & review bodies

  • High Court of England and WalesReview 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.