- Id
- 25-359
- Status
- complete
- Procurement Method
- direct
- Procurement Method Details
- Direct award
- Why this procedure was chosen
- Brightly Software Limited is the owner of the Confirm Enterprise Asset Management (EAM) system. A direct award is permitted under the grounds established in Schedule 5 of the Procurement Act of 2023 which allows for a direct award to a single supplier based on Intellectual Property and Proprietary Rights (PA23 Schedule 5.(5).
Confirm EAM is proprietary software wholly owned and maintained by Brightly. The intellectual Property and Proprietary Rights are owned by Brightly. Only Brightly is legally permitted to provide updates, security patches, and technical support. Licensing restrictions prohibit third-party modification or maintenance, and access to source code or data structures is unavailable outside the supplier's ecosystem. It is also a market-leading, fully integrated solution that meets all Council operational requirements and works seamlessly with existing ICT systems and is used by Council staff and external contractors. There is no viable alternative currently that provides equivalent functionality or compatibility "out of the box''.
Another justification for the direct award is Technical Exclusivity and Integration Dependencies (PA23 Schedule 5(.6). The Council's implementation of Confirm is highly customised and deeply embedded within existing ICT infrastructure. Key integrations, including real-time GIS synchronisation, finance system workflows, mobile field applications, and third-party systems are built on Application Programming Interfaces (API's) and data models uniquely configured and developed by Brightly to meet the Council's operational requirements. These customised connections ensure seamless interoperability across digital platforms and departments. Replacing Confirm would require major custom development without guaranteed results or compatibility, creating risks such as workflow disruption, weakened integration, and receiving services different from those in place. Keeping Confirm maintains operational stability, protects previous investments, and ensures continued reliability of the Council's ICT infrastructure
The difference or incompatibility because of a change in supplier would result in significant technical challenges with respect to operation and maintenance (PA23 Schedule 5.7), which is covered under Schedule 5 of the 2023 Procurement Act is also another justification for the direct award. Transitioning from an established and proven system such as Confirm would have considerable operational impact and impose substantial cost to the Council. The estimated cost of transitioning from Confirm to an alternative solution is expected to exceed £100,000, which includes onboarding, staff retraining, data validation, data migration, systems integration and internal resource costs. This figure is in addition to software licences, support, potential penalties for statutory breaches, reputational damage, or costs arising from service delays.
Furthermore, changing to an alternative solution would cause major technical and operational challenges for the Council. The Confirm EAM system has been in use for over 15 years and supports the delivery of established operational processes and multiple statutory requirements which include: Highways Act 1980, New Roads and Street Works Act 1991, Environmental Protection Act 1990 and Data (Use and Access) Act 2025 (National Underground Asset Register). A change in system carries significant risks for the Council, including service interruption, data loss, incompatibility with national systems, and failure to meet statutory conditions.