Schools Information Management System (SIMS)

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

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)

• Education Software Solutions LimitedAwarded supplier 11 Kingsley Lodge, 13 New Cavendish Street, London, London, W1G9UG

No document links were published on the notice.