CLA - Copyright Licensing Agency

1. Direct Award Justification

This contract is being awarded by direct award in accordance with Section 41 of the Procurement Act 2023 (Direct Award in Special Cases) . The justification for direct award is set out under Schedule 5, Paragraph 5 (Single supplier - intellectual property or exclusive rights) of the Act.

2. Justification Narrative

The University requires a Copyright Licensing Agency (CLA) Higher Education Licence to lawfully support the copying, digitisation, storage and distribution of copyrighted extracts from books, journals, magazines and certain digital publications for teaching, learning, administration and research purposes.

The CLA Licence is not a discretionary subscription but the legal mechanism enabling the University to comply with copyright law. CLA is the sole collective licensing organisation in the UK authorised by participating publishers and authors to grant these permissions in the higher education sector.

No alternative supplier can provide an equivalent licence covering the same copyright repertoire and permissions. The procurement therefore falls within the direct award provisions relating to exclusive copyright and intellectual property rights under Schedule 5, Paragraph 5 of the Act.

3. Reasons for Direct Award

The University has determined that:

CLA holds exclusive rights to grant the copyright permissions required.

No reasonable alternative supplier exists for this requirement.

Failure to secure the licence would place the University in breach of copyright law.

4. Estimated Contract Value

The estimated value of the contract over the 48-month period (including potential renewals) is £388,000 (excluding VAT).

5. Known Risks

None identified. The University reserves the right to terminate or renew the subscription at its sole discretion.