Official UK procurement notice
SIMS – Schools Management Information System
Authority: City & County of Swansea (Local council)
What is being bought
Published requirement descriptionTransition 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 publishedLot #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 3,230 GBP and the lowest value SC is 55,312 GBP
The schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:
List of schools:-
Name
Birchgrove Comprehensive
Birchgrove Primary School
Bishop Gore Comprehensive School
Bishop Vaughan RC Comprehensive
Bishopston Comprehensive School
Bishopston Primary School
Blaenymaes Primary School
Brynhyfryd Primary School
Brynmill Primary School
Burlais Primary School
Cadle Primary School
Casllwchwr Primary School
Cefn Hengoed Comprehensive School
Christ Church In Wales Primary
Cila Primary School
City and County of Swansea Pupil Referral Unit
Clase Primary School
Clwyd Primary School
Clydach Primary School
Craigfelin Primary School
Crwys Primary School
Cwmglas Primary School
Cwmrhydyceirw Primary School
Danygraig Primary School
Dunvant Primary School
Dylan Thomas Community School
Flying Start Settings
Gendros Primary School
Glais Primary School
Glyncollen Primary School
Gors Community School
Gorseinon Primary School
Gowerton Primary School
Gowerton School
Grange Primary School
Gwyrosydd Primary School
Hafod Primary School
Hendrefoilan Primary School
Knelston Primary School
Llangyfelach Primary School
Llanrhidian Primary School
Mayals Primary School
Morriston Comprehensive School
Morriston Primary School
Newton Primary School
Olchfa School
Oystermouth Primary School
Parkland Primary School
Pen-y-fro Primary School
Penclawdd Primary School
Pengelli Primary School
Penllergaer Primary School
Pennard Primary School
Pentre'r Graig Primary School
Pentrechwyth Primary School
Pentrehafod School Hafod
Penyrheol Comprehensive School
Penyrheol Primary School
Plasmarl Primary School
Pontarddulais Comprehensive School
Pontarddulais Primary School
Pontlliw Primary School
Pontybrenin Primary School
Portmead Primary School
Seaview Community Primary School
Sketty Primary School
St Davids RC Primary School
St Helen's Primary School
St Illtyds RC Primary School
St Joseph’s Cathedral Primary School
St Joseph’s RC Primary School
St Thomas Community Primary School
Talycopa Primary School
Terrace Road Primary School
Townhill Community School
Trallwn Primary School
Tre Uchaf Primary School
Waun Wen Primary School
Waunarlwydd Primary School
Whitestone Primary School
Y G G Bryniago
Y G G Lonlas Primary School
Y G G Pontybrenin
YGG Llwynderw
YGG Tan-y-lan
Ynystawe Primary School
Ysgol Bryn-Y-Mor
Ysgol Crug Glas
Ysgol G G Y Login Fach Prim Sch
Ysgol Gyfun Bryn Tawe
Ysgol Gyfun Gwyr
Ysgol Gymraeg Y Cwm
Ysgol Gynradd Gymraeg Gellionnen
Ysgol Gynradd Gymraeg Tirdeunaw
Ysgol Pen-y-Bryn
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
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
- 24 Mar 2022, 10:33 GMT
- Last source update
- 24 Mar 2022, 10:33 GMT
- Authority reference
CCS/21/487- FTS notice number
2022/S 000-007958- Classification (CPV)
- Delivery area
- Official registry OCID
ocds-h6vhtk-0325b0Find a Tender
- Why no open competition
- The procurement falls outside the scope of application of the directive
- Published justification
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.
Publisher note: (WA Ref:119855)
Commercial outcome & contract awards
Published awards, contracts and bid statistics, not a forecast| Awarded to | Value | Date | Status |
|---|---|---|---|
| Education Software Solutions Ltd | — | — | Awarded |
Contracts
Contract 007958-2022-CCS/21/487-1 · Education Software Solutions Ltd
- Signed
- 17 Feb 2022
- Value
- —
- Status
- active
Bid statistics published by the authority
| Lot | Bids | SME | VCSE | Valid bid range |
|---|---|---|---|---|
| Prior to the award of these contracts, the current provider (ESS) had a contract with… | 1bids · 0 electronic · 1 from abroad | 0 | — | £3,230 – £55,312 |
| Whole notice | — | — | — | £3,230 – £55,312 |
Contracting authority & participating public bodies
Dispute resolution & review bodies
- High CourtReview body
Bidders & participating suppliers
1 commercial party on the notice- Education Software Solutions LimitedAwarded supplier
Official documents & specifications
Official links; attachments are not copiedNo document links were published on the notice.