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West Dunbartonshire Council · 16 November 2022
Back to Tendering Committee — 16 November 2022 and its agenda

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Agenda
Tendering Committee
Date:  Wednesday, 16 November 2022
___________________________________________________________________
Time:  09:15 
___________________________________________________________________
Venue: ‘The Bridge’ Meeting Room,
Council Offices, 16 Church Street, Dumbarton
___________________________________________________________________
Contact:  Scott Kelly, Committee Officer
Tel: 01389 737220.  Email: scott.kelly@west-dunbarton.gov.uk
Dear Member
Please attend a meeting of the Tendering Committee as detailed above.
The business is shown on the attached agenda.  
Yours faithfully
PETER HESSETT
Chief Executive
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Distribution:
Councillor John Millar (Chair)
Councillor Diane Docherty 
Councillor James McElhill
Councillor June McKay (Vice Chair)
Councillor Lawrence O’Neill
Councillor Chris Pollock
Councillor Hazel Sorrell
Councillor Clare Steel
All other Councillors for information
Chief Officer – Supply, Distribution and Property
Chief Officer – Regulatory and Regeneration
Date of Issue: 3 November 2022
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TENDERING COMMITTEE
WEDNESDAY, 16 NOVEMBER 2022
AGENDA
1
2
APOLOGIES
DECLARATIONS OF INTEREST
Members are invited to declare if they have an interest in the item of
business on this agenda and the reasons for such declarations.
3 MINUTES OF PREVIOUS MEETING 5 – 6
Submit, for approval as a correct record, the Minutes of Meeting of the
Tendering Committee held on 12 October 2022.
4 OPEN FORUM
The Committee is asked to note that no open forum questions have been
submitted by members of the public.
5 CONTRACT AUTHORISATION REPORT – PROVISION OF 7 – 9
MICROSOFT ENTERPRISE AGREEMENT – CORPORATE 365
LICENSING
Submit report by the Chief Officer – Supply, Distribution and Property seeking
approval to authorise the Chief Officer – Regulatory and Regeneration to
conclude the award of the contract for the Provision of a Microsoft Enterprise
Agreement – Corporate 365 Licensing.
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TENDERING COMMITTEE
At a Meeting of the Tendering Committee held in the Clyde Room, Clydebank Town
Hall, 5 Hall Street, Clydebank on Wednesday, 12 October 2022 at 9.15 a.m.
Present: Councillors Diane Docherty, James McElhill, June McKay,
Lawrence O’Neill, Chris Pollock and Hazel Sorrell.
Attending: Angela Wilson, Chief Officer – Supply, Distribution and Property;
Patricia Kerr, Section Head – ICT; Angus Cameron, Business
Partner – Strategic Procurement; Fraser Jephson, Corporate
Projects Manager (ICT); and Scott Kelly, Committee Officer.
Apology: An apology for absence was intimated on behalf of Councillor
John Millar. 
Councillor June McKay in the Chair
DECLARATIONS OF INTEREST
It was noted that there were no declarations of interest in the item of business on the
agenda.
MINUTES OF PREVIOUS MEETING
The Minutes of Meeting of the Tendering Committee held on 21 September 2022
were submitted and approved as a correct record.
OPEN FORUM
The Committee noted that no open forum questions had been submitted by
members of the public.
CONTRACT AUTHORISATION REPORT – MICROSOFT 365 BACKUP
SOLUTION
A report was submitted by the Chief Officer – Supply, Distribution and Property
seeking approval to authorise the Chief Officer – Regulatory and Regeneration to
conclude the award of the contract for Microsoft 365 Backup Solution.
ITEM 3
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After discussion and having heard the Business Partner – Strategic Procurement
and relevant officers in further explanation of the report and in answer to Members’
questions, the Committee agreed:-
(1) to authorise the Chief Officer – Regulatory and Regeneration to conclude, on
behalf of the Council, the award of the contract for Microsoft 365 Backup
Solution to PMD Magnetics; and
(2) to note: (i) that the contract shall be for a period of two years with the option to
extend for a maximum of two years and at a value of £155,261.21 including
VAT over two years and £309,112.42 including VAT should the contract be
extended; and (ii) that the estimated commencement date of the contract was
31 October 2022.
The meeting closed at 9.22 a.m.
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Supply, Distribution and Property
Tendering Committee: 16 November 2022
___________________________________________________________________
Subject: Contract Authorisation Report – Provision of a Microsoft
Enterprise Agreement – Corporate 365 Licensing
1. Purpose
1.1  The purpose of this report is to seek the approval of the Tendering Committee
to authorise the Chief Officer – Regulatory and Regeneration to conclude the
award of the contract for Provision of a Microsoft Enterprise Agreement –
Corporate 365 Licensing.
2. Recommendations
2.1 It is recommended that the Tendering Committee:
a) Authorise the Chief Officer - Regulatory and Regeneration to conclude on
behalf of West Dunbartonshire Council (the Council), the award of the
contract for Provision of a Microsoft Enterprise Agreement – Corporate
365 Licensing to Phoenix Software Ltd; and
b) Note that the contract shall be for a maximum period of 36 months and at
a value of £2,011,356 incl VAT. The estimated commencement date of
the contract is 31 December 2022.
3. Background
3.1 The Council has a requirement to procure Microsoft licenses across the
corporate establishments.  These licenses provide a Council wide agreement
for staff and are required in order for the Council to be allowed to access and
utilise the Microsoft Windows, Microsoft Office 365 software as well as
database and server access.  The current contract is with Insight Direct (UK)
Ltd.
3.2 The budget for Provision of a Microsoft Enterprise Agreement – Corporate 365
Licensing was approved at the Corporate Service Committee on 23 February
2022. This procurement exercise has been conducted in accordance with the
Council’s Standing Orders and Financial Regulations and the Public
Procurement Regulations. A Contract Strategy was also approved on 28
September 2022. 
4. Main Issues
4.1 The Contract Strategy identified that a reverse e-auction – online and in real
time, under a Crown Commercial Services (CCS) framework agreement (FA)
Technology Products & Associated Services RM6068, Lot 3 – Software and
Associated Services, was the best route to market for Microsoft Windows and
Microsoft Office software.
ITEM 5
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4.2 On 7 October 2022, three compliant bids were received from Insight Direct
(UK) Ltd, Phoenix Software Ltd and Boxxe, which assessed their Quality
scores (10%).  Utilising each bidder’s Quality scores (10%), an e-auction was
then held on 13 October 2022 which further assessed their Price scores (90%):  
Weighting Insight Direct
(UK) Ltd
Phoenix
Direct Ltd
Boxxe 
Best Value (10%) 7.5% 5% 7.5%
Quality Sub-Total
%:
(10%) 7.5% 5% 7.5%
Price £ (90%) £2,072,970.48 £2,011,356 £2,118,242.64
Price Sub Total % (90%) 87.32% 90% 85.46%
Total Score 100% 94.82% 95% 92.96% 
4.3 It is recommended that the contract is awarded to Phoenix Direct Ltd who
provided the most economically advantageous tender / e-auction.  The contract
shall be for a maximum period of 36 months at a value of £2,011,356.  The
value approved at Corporate Services Committee was £1,669,960.53 based on
the previous annual spend.  Microsoft renew their pricing and public sector
discounts regularly which accounts for the increase. The value of the contract is
above the value approved by the Corporate Services Committee and the extra
funding will be provided from the Computer Software Budget. 
4.4 Phoenix Direct Ltd has committed to following Fair Working Practices in line
with the FA process and pay all staff the real Living Wage (min. of £9.90 per
hour). There are no specific social benefits offered as part of this contract
however social benefits will be discussed at the implementation meeting with
Phoenix Direct Ltd and actions to take these forward will be agreed. 
5. People Implications
5.1 There are no people implications. 
6. Financial and Procurement Implications
6.1 Financial costs in respect of this contract will be met from the approved
revenue budgets of ICT Services.  This contract exceeds the available budget
which creates an annual cost pressure of £114,000 per annum, this will need to
be factored in to future budgets. 
7. Risk Analysis
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7.1 Failure to implement a Microsoft license renewal will leave the Council staff
with no access to Microsoft products, such as Word, Excel and Outlook. 
7.2 Phoenix Direct Ltd has no known links to Serious and Organised Crime which
would have significant political and reputational ramifications for the Council. 
8. Equalities Impact Assessment (EIA)
8.1 An equalities impact assessment screening was undertaken by the ICT
Services which determined a full equalities impact assessment was not
required. 
9. Consultation
9.1 Consultation has taken place with ICT Services, Finance Services and Legal
Services. 
10. Strategic Assessment
10.1 The Provision of a Microsoft Enterprise Agreement – Corporate 365 Licensing
will contribute to the delivery of the Council’s strategic priorities by supporting
the provision of efficient and effective frontline services that improve the
everyday lives of residents. 
Name:  Angela Wilson
Designation:  Chief Officer – Supply, Distribution and Property
Date: 1 November 2022 
Person to Contact: Jennifer Darkins, Procurement Officer, 
Corporate Procurement Unit 
Email: jennifer.darkins@west-dunbarton.gov.uk 
Appendices: None 
Background Papers: The Contract Strategy  
EIA Screening 
Wards Affected: None 
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