Find a TenderAwarded without competition
Published 22 Apr 2022, 12:30 BST

Official UK procurement notice

Torfaen County Borough Council Schools Information Management System (SIMS)

Official notice

Authority: Torfaen County Borough Council (Local council)

ServicesAward procedure without prior publication of a call for competition
Awarded value£9,105published contract · exc. VAT
Awarded 25 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: 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 9105.44GBP and the lowest value SC is 615.06GBP.

The schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:

Abersychan Comprehensive School

Alternative Home Tuition

Blaenavon Heritage VC Primary School

Blenheim Road Community Primary School

Coed Eva Primary

Croesyceiliog Primary

Croesyceliog Comprehensive School

Crownbridge Special School

Cwmbran High School

Cwmbran RC Primary School

Cwmffrwdoer Primary School

Garnteg Primary School

George Street Primary & Nursery School

Green Meadow Primary School

Griffithstown Primary School

Henllys JI School

Llantarnam Community Primary School

Llanyrafon Primary School

Maendy Primary School

Nant Celyn Primary School

New Inn Primary School

Padre Pio RC Primary

Penygarn Primary School

Ponthir Church in Wales Primary School

Pontnewydd JI School

St Albans RC Comprehensive School

St Davids RC JI School

West Monmouth Comprehensive School

Woodlands Community Primary School

Ysgol Bryn Onnen

Ysgol Gyfun Gwynllyw

Ysgol Gymraeg Cwmbran

Ysgol Panteg

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

The FA has no value

Individual SCs have a value between 9105.44.GBP and 615.06GBP

Delivery: Wales · Torfaen

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
22 Apr 2022, 12:30 BST
Last source update
22 Apr 2022, 12:30 BST
FTS notice number
2022/S 000-010468
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-032f82 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 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).

Publisher note: Further or in the alternative, neither the FA nor the 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. This is because all of 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, including implementation, testing, training staff and migration of data. 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 the current arrangements, shortly before Christmas 2021. It would therefore 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. Further or in the alternative, neither the FA nor the individual 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 to the running of a school and a school cannot function without it. The notice to terminate the current contracts and the short timescale imposed by ESS were unforeseen by the local authority and the schools. Due to the short notice given by ESS, together with the time it would take to prepare and agree a specification and (following a tender exercise) 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 award and 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. (WA Ref:120676)

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £9,1051 contract exc. VAT
Bids received 1
Contracts signed 1latest 25 Mar 2022
Awarded toValueDateStatus
Education Software Solutions Ltd£9,105 †—Awarded

Contracts

Bid statistics published by the authority

BidsSMEVCSEValid bid range
1bids · 1 electronic · 1 from abroad0——

Contracting authority & participating public bodies

Torfaen County Borough Council

Contracting authorityLocal CouncilRegional or local authorityEducation Civic Centre, Pontypool, Torfaen, Wales, NP4 6YBContact name, 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.