SIMS – Schools Management Information System

{
  "id": "007958-2022",
  "tag": [
    "award",
    "contract"
  ],
  "bids": {
    "statistics": [
      {
        "id": "5",
        "value": 1,
        "measure": "bids",
        "relatedLot": "1"
      },
      {
        "id": "6",
        "value": 0,
        "measure": "smeBids",
        "relatedLot": "1"
      },
      {
        "id": "7",
        "value": 0,
        "measure": "foreignBidsFromEU",
        "relatedLot": "1"
      },
      {
        "id": "8",
        "value": 1,
        "measure": "foreignBidsFromNonEU",
        "relatedLot": "1"
      },
      {
        "id": "9",
        "value": 0,
        "measure": "electronicBids",
        "relatedLot": "1"
      },
      {
        "id": "3",
        "value": 3230,
        "measure": "lowestValidBidValue",
        "currency": "GBP",
        "relatedLot": "1"
      },
      {
        "id": "4",
        "value": 55312,
        "measure": "highestValidBidValue",
        "currency": "GBP",
        "relatedLot": "1"
      },
      {
        "id": "1",
        "value": 3230,
        "measure": "lowestValidBidValue",
        "currency": "GBP"
      },
      {
        "id": "2",
        "value": 55312,
        "measure": "highestValidBidValue",
        "currency": "GBP"
      }
    ]
  },
  "date": "2022-03-24T10:33:57Z",
  "ocid": "ocds-h6vhtk-0325b0",
  "buyer": {
    "id": "GB-FTS-211",
    "name": "City & County of Swansea"
  },
  "awards": [
    {
      "id": "007958-2022-CCS/21/487-1",
      "status": "active",
      "suppliers": [
        {
          "id": "GB-FTS-47665",
          "name": "Education Software Solutions Limited"
        }
      ],
      "relatedLots": [
        "1"
      ]
    }
  ],
  "tender": {
    "id": "CCS/21/487",
    "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\nlicence 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\nenter 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\nvalue is received by ESS and no material services are provided to the local authority; it is purely an administrative arrangement to effect the\ntransition. Each school in the local authority's area will enter into a School Contract (\"SC\") with ESS for the direct provision of SIMS as\nsoftware as a service, at substantially the same cost as before.\nThe highest value SC is 3,230 GBP and the lowest value SC is 55,312 GBP\nThe schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:\nList of schools:-\nName\nBirchgrove Comprehensive\nBirchgrove Primary School\nBishop Gore Comprehensive School\nBishop Vaughan RC Comprehensive\nBishopston Comprehensive School\nBishopston Primary School\nBlaenymaes Primary School\nBrynhyfryd Primary School\nBrynmill Primary School\nBurlais Primary School\nCadle Primary School\nCasllwchwr Primary School\nCefn Hengoed Comprehensive School\nChrist Church In Wales Primary\nCila Primary School\nCity and County of Swansea Pupil Referral Unit\nClase Primary School\nClwyd Primary School\nClydach Primary School\nCraigfelin Primary School\nCrwys Primary School\nCwmglas Primary School\nCwmrhydyceirw Primary School\nDanygraig Primary School\nDunvant Primary School\nDylan Thomas Community School\nFlying Start Settings\nGendros Primary School\nGlais Primary School\nGlyncollen Primary School\nGors Community School\nGorseinon Primary School\nGowerton Primary School\nGowerton School\nGrange Primary School\nGwyrosydd Primary School\nHafod Primary School\nHendrefoilan Primary School\nKnelston Primary School\nLlangyfelach Primary School\nLlanrhidian Primary School\nMayals Primary School\nMorriston Comprehensive School\nMorriston Primary School\nNewton Primary School\nOlchfa School\nOystermouth Primary School\nParkland Primary School\nPen-y-fro Primary School\nPenclawdd Primary School\nPengelli Primary School\nPenllergaer Primary School\nPennard Primary School\nPentre'r Graig Primary School\nPentrechwyth Primary School\nPentrehafod School Hafod\nPenyrheol Comprehensive School\nPenyrheol Primary School\nPlasmarl Primary School\nPontarddulais Comprehensive School\nPontarddulais Primary School\nPontlliw Primary School\nPontybrenin Primary School\nPortmead Primary School\nSeaview Community Primary School\nSketty Primary School\nSt Davids RC Primary School\nSt Helen's Primary School\nSt Illtyds RC Primary School\nSt Joseph’s Cathedral Primary School\nSt Joseph’s RC Primary School\nSt Thomas Community Primary School\nTalycopa Primary School\nTerrace Road Primary School\nTownhill Community School\nTrallwn Primary School\nTre Uchaf Primary School\nWaun Wen Primary School\nWaunarlwydd Primary School\nWhitestone Primary School\nY G G Bryniago\nY G G Lonlas Primary School\nY G G Pontybrenin\nYGG Llwynderw\nYGG Tan-y-lan\nYnystawe Primary School\nYsgol Bryn-Y-Mor\nYsgol Crug Glas\nYsgol G G Y Login Fach Prim Sch\nYsgol Gyfun Bryn Tawe\nYsgol Gyfun Gwyr\nYsgol Gymraeg Y Cwm\nYsgol Gynradd Gymraeg Gellionnen\nYsgol Gynradd Gymraeg Tirdeunaw\nYsgol Pen-y-Bryn\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\nbehalf of the schools. Additional information: Contract duration: 36 months",
        "awardCriteria": {
          "criteria": [
            {
              "type": "price"
            }
          ]
        }
      }
    ],
    "items": [
      {
        "id": "1",
        "relatedLot": "1",
        "deliveryLocation": {
          "description": "Civic Centre, Swansea, Wales, UK"
        },
        "deliveryAddresses": [
          {
            "region": "UKL18"
          }
        ],
        "additionalClassifications": [
          {
            "id": "72260000",
            "scheme": "CPV",
            "description": "Software-related services"
          },
          {
            "id": "72261000",
            "scheme": "CPV",
            "description": "Software support services"
          },
          {
            "id": "72268000",
            "scheme": "CPV",
            "description": "Software supply services"
          },
          {
            "id": "72300000",
            "scheme": "CPV",
            "description": "Data services"
          },
          {
            "id": "72310000",
            "scheme": "CPV",
            "description": "Data-processing services"
          },
          {
            "id": "72320000",
            "scheme": "CPV",
            "description": "Database services"
          }
        ]
      }
    ],
    "title": "SIMS – Schools Management Information System",
    "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\nservice 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 published on a wholly voluntary basis and without prejudice to the local authority's and the governing body of each individual school's position that 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). Neither the local authority nor the governing body of any of the schools listed above accepts that the FA and/or the individual SCs are within the scope of application of Part 2 of the Public Contracts Regulations 2015 (as amended). (1) The FA simply puts in place an administrative mechanism to manage the transition of contracts from local authorities to schools and therefore has no ‘value’. Each school is a separate contracting authority and each SC is a separate contract. The values of each SC is below the threshold in Reg. 5 (as reviewed pursuant to Reg. 5A) of the 2015 Regulations. (2) The services can only be provided by one particular economic operator (ESS) - competition is absent for technical reasons pursuant to Reg. 32(2)(b)(ii) of the 2015 Regulations. (3) All the schools in the local authority's area currently use ESS' SIMS product. It would take a minimum of 6 weeks to transition from ESS' SIMS product to another product. To avoid serious disruption to the school's functions, that transition has to take place over the long summer holidays. ESS served 90 days' notice to terminate current arrangements. It would not be possible, in the timescales imposed by ESS, for schools to tender for 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 which may require schools to close. The urgency provisions pursuant to Reg. 32(2)(c) of the 2015 Regulations apply. Due to the short notice given by ESS, together with the time it would take to prepare a specification and  to transition to a new product, the timescales for the open or restricted procedure, or competitive procedure with negotiation, cannot be complied with in the time available. It is intended in the future to advertise a competitive tender exercise for SIMS on an all-Wales basis, with transition to the new contracts resulting from such tender to coincide with the end of the 3-year term of the SCs entered into with ESS. Pre-tender market testing is likely to commence in the near future.",
    "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-211",
      "name": "City & County of Swansea",
      "roles": [
        "buyer"
      ],
      "address": {
        "region": "UKL18",
        "locality": "Swansea",
        "postalCode": "SA1 3SN",
        "countryName": "United Kingdom",
        "streetAddress": "Civic Centre"
      },
      "details": {
        "url": "http://www.swansea.gov.uk/dobusiness",
        "buyerProfile": "https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0254",
        "classifications": [
          {
            "id": "REGIONAL_AUTHORITY",
            "scheme": "TED_CA_TYPE",
            "description": "Regional or local authority"
          },
          {
            "id": "01",
            "scheme": "COFOG",
            "description": "General public services"
          }
        ]
      },
      "identifier": {
        "legalName": "City & County of Swansea"
      },
      "contactPoint": {
        "email": "procurement@swansea.gov.uk",
        "telephone": "+44 1792637242"
      }
    },
    {
      "id": "GB-FTS-47665",
      "name": "Education Software Solutions Limited",
      "roles": [
        "supplier"
      ],
      "address": {
        "region": "UKI",
        "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": "007958-2022-CCS/21/487-1",
      "status": "active",
      "awardID": "007958-2022-CCS/21/487-1",
      "dateSigned": "2022-02-17T00:00:00Z"
    }
  ],
  "description": "(WA Ref:119855)",
  "initiationType": "tender"
}