Decision details

Decision Title

Microsoft Licensing Reseller

Date of Decision:

23^rd May 2023

Decision Maker:

(Including Job Title)

Luke Sayers; Assistant Director of Customer, Information and Digital Services (CIDS)

Specific Delegation:

(If any)

Executive functions – Procurement (c) To make decisions in relation to commissioning and procurement activity. Such activity should be carried out in accordance with the Finance and Procurement Procedure Rules.

Brief Description of Decision:

To make a direct award and appoint Softcat PLC as the reseller of Microsoft licences and associated services to the Council, as detailed within the procurement business case.

Reasons for the Decision:

Following evaluation of the procurement options against the Council’s requirements, the Council used the Kent Commercial Services (KCS) Software Products & Associated Services 2 Framework (Y20011) to undertake this procurement exercise, in accordance with the Council’s FPPR’s. This framework allows for a direct award.

Details of alternative options considered and rejected:

The following procurement options were appraised as set-out in the procurement business case and rejected for the given reasons:

·     Above Threshold – Open Tender Process – There is a need to act quickly to enable continuation of licensing as soon as possible.  As the potential value of the contract is above the threshold set out in the Procurement Contract Regulations (£189,330 (net of VAT)), the timescales associated with undertaking this type of procedure are too long and as such this option was discounted.

·     Above Threshold – Restricted Tender Process – There is a need to act quickly to enable continuation of licensing as soon as possible.  As the potential value of the contract is above the threshold set out in the Procurement Contract Regulations (£189,330 (net of VAT)), the timescales associated with undertaking this type of procedure are too long and as such this option was discounted.

·     Direct award – Health trust Europe (HtE) Information Communication Technology (ICT) Solutions Framework (ComIT2 – CompleteIT). The Council are not able to make a clear direct award on this framework.

·     Further Competition – Kent County Council via KCS Procurement Services Software Products & Associated Services 2 Framework (Y20011). The Council are able to make a compliant direct award via the same external framework in the timeframe required, therefore this option was discounted.

·     Further Competition (Price & Quality) – Crown Commercial Services (CCS) Technology Products & Associated Services Framework (RM6068). The Council are able to make a compliant direct award via another external framework namely Software Products & Associated Services 2 Framework (Y20011) tendered and managed by Kent County Council via KCS Procurement Services, in the timescale required, therefore, this option was discounted.

·     Simplified Further Competition (Price Only) – Crown Commercial Services (CCS) Technology Products & Associated Services Framework (RM6068). The Council cannot seek social value offers on this procurement route.  This option was discounted.

·     Further Competition – Yorkshire Purchasing Organisation (YPO) Technology Hardware, Software and Services Framework (979). The Council are able to make a compliant direct award via another external framework namely Software Products & Associated Services 2 Framework (Y20011) tendered and managed by Kent County Council via KCS Procurement Services, in the timescale required, therefore, this option was discounted.

·     Price on Demand – Yorkshire Purchasing Organisation (YPO) Technology Hardware, Software and Services Framework (979). The Council cannot seek social value offers on this procurement route. 

·     Direct Award – Crown Commercial Services (CCS) G-Cloud 13 Framework (RM1557.13). The Council cannot make a clear direct award on this framework to one (1) Supplier. 

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

No conflicts of interest raised

Dispensations Granted:

(If any)

Reports or parts of reports considered

The Procurement Business Case has been shared with the Decision Maker to help inform the decision to proceed with the direct award.

The business case is solely for internal use only and should not be published externally.