USER GUIDE NATIONAL FRAMEWORK SOFTWARE PRODUCTS AND ASSOCIATED SERVICES. Ref: Y17038 LET S KEEP THE CONVERSATION GOING...

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1 USER GUIDE NATIONAL FRAMEWORK SOFTWARE PRODUCTS AND ASSOCIATED SERVICES Ref: Y17038 LET S KEEP THE CONVERSATION GOING... Freephone sales@kcs4ps.co.uk Online kcs4ps.co.uk

2 2 CONTENTS 1 Scope and Context 2 Framework Summary 3 Using the Framework 4 Awarded Suppliers & Contact Details 5 Monitoring Form 6 Terms and Conditions 7 APPENDIX A: GDPR LEAD AUTHORITY DETAILS sales@kcs4ps.co.uk Tel: KCS Unit 1, Aylesford Commercial Park, New Hythe Lane, Aylesford, Kent. ME20 7FE Copyright in this material rests with Commercial Services (on behalf of CBC) and must not be copied or otherwise reproduced without the prior written permission of Commercial Services (on behalf of CBC). Commercial Services disclaim any liability for any loss or damage that may arise as a consequence of the misuse or abuse of this material. Users of the material do so on the basis that they will seek their own independent advice on the relevance of the material for their particular requirements. Original OJEU contract ref: 2016/S OJEU Award Notice ref: 2017/S

3 3 1 SCOPE AND CONTEXT In accordance with best procurement practice and EU and UK procurement directives and regulations, Kent County Council via KCS have created a national framework agreement for the supply and delivery of Software Products & Associated Services. The framework period is 48 months (20th March 2017 to 19th March 2021). Kent County Council is the largest local authority in England, covering an area of 3,500 square kilometres, covering a population of 1.5m. It has an annual expenditure of circa 1bn on goods and services. The council provides a wide range of personal and strategic services on behalf of its residents, operating in partnership with 12 district councils and 289 parish/town councils. KCS is a trading unit of Commercial Services, wholly owned by the council, and provides purchasing and distribution services to a wide ranging customer base within local government and associated public bodies across the UK. Commercial Services is one of the largest trading organisations of its kind in Europe with a turnover in excess of 600 million, employing over 700 people. Tracing its roots back to 1902, Commercial Services has grown to supply an ever-increasing range of best value goods and services to publicly funded organisations. These include local government, education establishments, the care sector and the emergency services. The Central Buying Consortium (CBC) is a group of county, borough and city councils, including Kent County Council, with the purpose of improving the effectiveness of local authority purchasing to generate savings in public expenditure for the benefit of its members. CBC procures approximately 750m goods and services per annum. All public bodies have access to this agreement but may only do so with the agreement of the contracting authority. Organisations who may wish to access the agreement will be members, affiliates and associates of the CBC group, police and fire services, the NHS & NHS trusts, third sector organisations, academic centres (including academies), publicly funded organisations and publicly owned private companies, operating within the geographic boundaries of the United Kingdom, Channel Islands and Northern Ireland. The agreement is also open for use by all other local authorities and public sector bodies. Full details of the classification of potential contracting bodies and end user geographical areas and organisation classifications are detailed as follows: Regions in England: East Midlands, West Midlands, East of England, South East, South West, North West, North East, Yorkshire & Humber, London or to individual administering councils Northern Ireland: Administered across 26 districts of Northern Ireland Scotland: Administered across 32 council areas Wales: Administered across 22 council areas wales.gov.uk/topics/localgovernment/

4 4 CLASSIFICATION OF END USER ORGANISATIONS Local Authority Councils: County, Unitary, District, Borough, and Metropolitan Councils. (Parish and Community Councils are also permissible users). Educational Establishments: Nursery School, Primary School, Middle or High School, Secondary School, Academy, Special School, Pupil Referral Unit (PRU), Further Education College, University Police, Fire & Rescue & Maritime & Coastguard Agency Emergency Services NHS Bodies, the HSC (Northern Ireland) and Ambulance Services Central Government Departments & their Agencies. Registered Charities Registered Social Landlords: Government-funded, not-for-profit organisations that provide affordable housing. They include housing associations, trusts and cooperatives Northern Ireland: Administered across 11 Council areas. Scotland: Administered across 32 Council areas. Wales: Administered across 22 Council areas.

5 5 2 FRAMEWORK SUMMARY THE FRAMEWORK HAS BEEN DIVIDED AND AWARDED AS 3 INDIVIDUAL LOTS: Lot 1 Microsoft Relates to products licensed and distributed by Microsoft & approved resellers. This lot will also cover future Microsoft releases and any associated professional services that are required by the authorised authority such as auditing. Lot 2 Security Relates to products used for security purposes, including, but not limited to, antivirus, anti-malware, firewall, access control, security information management and anti-spyware software. This lot will also cover future releases and any associated professional services that are required by the authorised authority such as auditing. LOT 3 Commercial off the Shelf (COTS) Commercial Off the Shelf (COTS) is manufactured standard software products, including, but not limited to operating systems, databases, graphic packages and patient management systems software. This lot will also cover future releases, customising and configuring existing software to specific requirements (as long as the coding is not changed) and any associated professional services that are required by the authorised authority such as auditing. The framework period is for 48 months (20 th March 2017 to 19 th March 2021) 3 USING THE FRAMEWORK CONTRACT AWARD The agreement allows the authorised participant to either conduct a further competition (mini-tender) or direct award with any of the suppliers award on the relevant lot. The authorised participant must determine the most suitable option for their organisation and award based on the Most Economically Advantageous Tender. Direct Award/Call-Off Ability to meet the need as determined by the participating authority and/or authorised participant by means of selecting the most appropriate supplier based on one of the following criteria (not in any particular order): Ability to supply the required service Total value of order below 10,000 Product or service required is unique/exclusive to one supplier Continuity of existing services or goods Authorised participants own procurement policy value threshold While proceeding with a direct award option is fully compliant the decision of whether this is the best value option for you is very much down to your own internal processes and procedures. As long as you and your internal organisation are happy with the choice and reasons behind it then it is a compliant option for you. Best value is not just based on price, for example if you have an existing relationship with a supplier on the framework and they are set up on your internal systems and have a full understanding of your requirements this could be of significant value to you as you do not have to go through the process of setting up another supplier and starting a new relationship. There is also a cost to consider in conducting a mini tender. These costs, which include the cost in time taken to complete, can eliminate any potential savings you might make on the product itself.

6 6 Further competition or mini tender a competition with the capable suppliers in the specific lot in the agreement from time to time to determine the most appropriate supplier for a defined period of time or project. In order to adhere to The Public Contracts Regulations 2015 when re-opening competition under this agreement the participating authority should follow the steps below: 1. The participating authority must invite all suppliers on the framework who are deemed capable of delivering the particular requirement. 2. The participating authority shall be responsible for formulating a specification/product brief containing full details of the work/products required. 3. The participating authority will send the specification/product brief to all suppliers quoting the framework agreement reference number. A reasonable and proportionate time limit should be set for the submission of fully completed tender responses. 4. Responses received must be kept in a secure place, unopened, until the designated closing date and time for final submissions has passed. Responses received after the specified date and time should be rejected. 5. The submitted response shall be evaluated in accordance with the criteria stated in the original specification/ product brief. The headline criteria used must be the same as the headline criteria used for the original agreement or part thereof, but the participating authority may change the weightings and add their own subcriteria to apply. 6. The tenderers must be advised of the result in writing, including brief details on where they scored points and where they did not. 7. A required standstill period does not apply to mini tenders held under a framework agreement. However it is advisable to hold a standstill period in relation to a mini tender as it is possible a supplier may challenge the decision and apply to court for a declaration of ineffectiveness which could lead to the contract being terminated and possibly face a fine or compensation claim. 8. There is no scope at the mini tender stage to select on the basis of general financial and economic standing or technical ability, as these issues have been addressed as part of process to establish the framework agreement. However this does not mean financial due diligence should not be undertaken if considered appropriate (e.g. obtaining a report on a suppliers financial standing from an appropriate agency) as long as this does not form part of any selection process. A mini tender template is available on the KCS Professional Services website or by contacting us on The contracting authority takes no responsibility for the chosen contracting method of any participating authority or authorised participants. MINI COMPETITION EVALUATION The following table details the product specific assessment criteria and weightings used when evaluating the framework responses. These headings must be used when conducting a mini tender but the sub-heading and weightings can be changed. LOT 1 Microsoft LOT 2 Security LOT 3 COTS Assessment Criteria % Weighting % Weighting % Weighting Price Quality of Service/Added Value Pre-Sales Service Service & Support Minimising Disruption Subcontractors Accreditations n/a 5 5

7 7 FRAMEWORK EVALUATION As part of the process to establish framework Y17038, suppliers have already been assessed on their financial standing, technical ability and have the following insurance in place: (1) Employers Liability insurance minimum of 10m (2) Public Liability insurance minimum of 5m (3) Product Liability insurance minimum of 5m (4) Professional Indemnity insurance minimum of 2m All awarded suppliers have agreed to the following terms. If you require any related documents please either contact the supplier directly or KCS Professional Services. DBS CHECKS Throughout the duration of this agreement there may be occasions when suppliers staff will be required to visit customers that, due to the nature of their activity, require those working on or visiting the premises to have been Disclosure & Barring Service checked. These sites might include schools, homes for vulnerable adults, blue light premises etc. In addition to standard DBS rating it may also be necessary for suppliers staff to be DBS checked to an Enhanced Level. Such requirements will be advised to the supplier prior to or at placement of order and/or during any further competition opportunity. The supplier is responsible for ensuring that all staff undertaking such activity have been appropriately DBS checked prior to commencement of any such work. Failure to do so may result in the supplier being suspended or removed from the agreement. BUSINESS CONTINUITY PLANNING Suppliers must be in a position to demonstrate they have a comprehensive business continuity plan in place and associated contingency arrangements to ensure minimum disruption in the provision of the agreement or any part thereof in the event of a major incident affecting premises, systems, employees or external suppliers and sub-contractors. HEALTH & SAFETY All suppliers, their employees and, where applicable, sub-contractors shall, while working under this contract conform to all requirements of the Health and Safety at Work etc. Act 1974 (HSWA) and with all other Health and Safety associated acts and regulations that relate. Suppliers who fail to comply with Health and Safety legislation may be removed from the agreement. EQUALITY AND DIVERSITY The contracting authority expects all its service providers (suppliers/providers/contractors) to: Comply with all relevant legislation and keep up-to-date with all developments and changes in legislation. Take steps to maintain this standard throughout the length of any awarded agreement/contract. BENEFITS OF USING THE FRAMEWORK This framework is fully compliant with the Public Contracts Regulations 2015 Authorised participants can re-open competition within the framework, removing the need for a full tender exercise or lengthy supplier evaluation each time they have a software or associated service requirement, saving time and costs associated with procurement exercises Direct award capability giving you a quick, easy and OJEU-compliant route to procurement The terms and conditions are safe and designed to protect you Free and full support on using the framework You are able to benefit from aggregated spend and lower pricing based on the value of the overall contract, even on low spend orders. The framework will be managed and monitored by KCS (acting for Kent County Council) on behalf of our customers and your views and requirements will be taken into account when reviewing and developing the contract The framework has been established with a maximum percentage on cost price (supplier s basic cost plus percentage markup) for each organisation

8 8 4 AWARDED SUPPLIERS & DETAILS The following table sets out the suppliers in each lot appointed to the framework. Supplier Lot 1 Lot 2 Lot 3 Microsoft Security COTS Agilisys O P O Bytes Software Services Ltd P P P CDW P P P Civica P P P Comparex P P P Insight Direct UK P P P Phoenix Software P P P Softcat Plc P P P Software Box P P P Trustmarque P P P DETAILS AGILISYS Hammersmith Grove, Hammersmith, London W6 7AW Tel: Darren London Sales & Marketing Tel: darren.london@agilisys.co.uk Agilisys is an employee owned business with 1,800 staff, 20 sites across the UK and over 15 years experience in the Public Sector. Agilisys have agreed to the following maximum on-cost charges on orders for Security Software products:

9 9 BYTES SOFTWARE SERVICES Bytes House, Randalls Way, Leatherhead, Surrey KT22 7TW Chris Swani Divisional Director Tel: CDW LTD 10 Fleet Place, London EC4M 7RB Andy Wood Public Sector Frameworks Manager Tel: CIVICA UK LTD 8th Floor, Southbank Central, 30 Stamford Street, London SE1 9LQ Thoraya El Khawad Bid Manager Tel:

10 10 COMPAREX LTD The Hawk Creative Business Park The Hawkhills Estate, Easingwold, York YO61 3FE John Manning Public Sector Account Manager Tel: INSIGHT DIRECT LTD The Atrium, 1 Harefield Road, Uxbridge UB8 1PH Tel: Fax: Guy Beaudin Contract Manager Tel: guy.beaudin@uk.insight.com

11 11 PHOENIX SOFTWARE LTD Blenheim House, York Road, Pocklington, Yorkshire YO42 1NS Tel: Keith Martin Public Sector Sales Manager Tel: SOFTCAT PLC Fieldhouse Lane, Marlow, Buckinghamshire SL7 1LW Tel: Andy Bruen Framework Contract Manager Tel:

12 12 SOFTWARE BOX LTD East Moor House, Green Park Business Centre, Goose Lane, Sutton on the Forest, York North Yorkshire Y061 1ET Tel: Benjamin Jackson Tel: TRUSTMARQUE SOLUTIONS LTD National Agri-Food Innovation Campus, Sand Hutton, York, YO41 1LZ Tel: David Neighbour Frameworks Manager

13 13 5 MONITORING FORM Software products and associated services Name and address of organisation purchasing products/services Name of awarded supplier Date of purchase/contract Items leased/purchased and LOT used Total/estimated value of order/contract Please give brief details of your experience using the framework agreement Please the above form to freddie.law@kcs4ps.co.uk Please tick if you would be interested in receiving information on our other frameworks: Energy Recruitment AV/IT MFD Managed Services Furniture Vehicle Supply Office Supplies Telephony Managed ICT Services Cleaning Catering Frozen, Chilled and Ambient Food Not Interested

14 14 6 TERMS AND CONDITIONS To see our full Terms and Conditions please visit our website sales@kcs4ps.co.uk

15 15 7 APPENDIX A: GDPR We are committed to protecting your privacy. We take your privacy seriously and will only use any personal information that we collect from you, or that you provide, relating to the products and services you have requested from us, or whereby you make an enquiry about our products or services. For more information on our Privacy Notice go to the following link: To see the Privacy Notices of our trusted third party suppliers please visit their individual websites. As the contracting authority for framework (Y17038 The Supply of Software Products and Associated Services) we have contacted all the framework suppliers and, where appropriate, we have issued contract amendment clauses to reflect changes in data protection legislation relating to GDPR. However, we recommend that any framework users/member authorities should complete their own due diligence to ensure the suppliers they are purchasing from can provide sufficient guarantees that the requirements of GDPR will be met and the rights of data subjects protected. WE VE GOT YOU COVERED TELEPHONY MANAGED SERVICES MFDs AV/IT CATERING VEHICLE SUPPLY WE TAKE THE WORK OUT OF FRAMEWORK CLEANING TELEPHONY SYSTEMS FURNITURE BOOKS EXPERIENCE MORE WITH KCS

16 FRAMEWORKS We work with the Central Buying Consortium (CBC) to offer fully OJEU-compliant, simple-to-use frameworks with full, free procurement support, ensuring you can operate with complete peace of mind. Our free, impartial advice will save you time and money, and with over 20 years of experience we ll ensure you have everything you need and are able to make the best decisions for your organisation. We look forward to working together. Thanks for choosing KCS as your trusted partner. WHY CHOOSE KCS? Market-leading frameworks Complete peace of mind We can support and guide you through your purchase, offering security and peace of mind Tarryn Kerr, Head of Professional Services Continued support for the life of your framework All frameworks are OJEU-compliant and adhere to government guidelines Full tender process already completed All our suppliers are fully approved Complete print solutions Freephone Online kcs4ps.co.uk YOUR TRUSTED PARTNER