Contract notice
Section I: Contracting
authority
I.1) Name and addresses
ESPO
Barnsdale Way, Grove Park, Enderby
Leicester
LE19 1ES
UK
Contact person: Mr Declan McAlister
Telephone: +44 1162944074
E-mail: tenders@espo.org
NUTS: UKF21
Internet address(es)
Main address: http://www.espo.org/
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
https://procontract.due-north.com/Advert/Index?advertId=f90cc392-ed9d-e711-80e6-005056b64545
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
https://procontract.due-north.com/Advert/Index?advertId=f90cc392-ed9d-e711-80e6-005056b64545
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
Other: Local Authority Services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
191_20 Electricity (Half Hourly Metered, Non Half Hourly and Unmetered Supply)
Reference number: 191_20
II.1.2) Main CPV code
09310000
II.1.3) Type of contract
Supplies
II.1.4) Short description
ESPO intends to create a new four year single supplier framework for the provision of electricity supplies, with ESPO acting as an intermediary to buy electricity in the wholesale market on behalf of central government, local authorities, public and third sector organisations within England, Wales and Scotland.
ESPO will impose on economic operators requirements aimed at protecting the confidential nature of information made available throughout the procurement procedure (as permitted by Regulation 21(3)) and, before receiving that information, economic operators will be required to complete and return a confidentiality agreement, which will be available once economic operators have expressed an interest in the tender opportunity.
To express an interest:
a— go to www.eastmidstenders.org
b— register,
c— search for tender opportunity ‘191_20’,
d— express an interest.
II.1.5) Estimated total value
Value excluding VAT:
750 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
09310000
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
ESPO intends to create a new four year single supplier framework for the provision of electricity supplies, with ESPO acting as an intermediary to buy electricity in the wholesale market on behalf of central government, local authorities, public and third sector organisations within England, Wales and Scotland.
ESPO proposes to establish a commercial trading company whose target clients will be third sector organisations such as national and local charities, public sector mutual organisations and other organisations involved in the delivery of services to or for the public sector. The successful supplier will be asked to enter into an additional separate framework agreement (the second framework) with that commercial trading company on materially similar terms to that found in the tender pack to be entered into by ESPO itself.
The second framework agreement will be a purely commercial agreement and will, for the avoidance of doubt, not be governed by the public contract Regulations 2015 or other procurement legislation. The trading company will enter into the framework agreement with the successful supplier and make it available to third sector clients who themselves are not required to follow the public contracts Regulations 2015 or other procurement legislation. Accordingly, this is provided for bidders’ information only.
II.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6) Estimated value
Value excluding VAT:
750 000 000.00
GBP
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start:
01/10/2020
End:
30/09/2024
This contract is subject to renewal: No
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted:
No
II.2.11) Information about options
Options:
No
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:
The supplier must at all times hold a valid electricity supply licence granted by OFGEM, and any other qualification as required by legislation throughout the duration of the framework.
III.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
III.2) Conditions related to the contract
III.2.2) Contract performance conditions
— Tenderers will not be considered for the contract if the estimated annual contract value (187 500 000 GBP per annum) constitutes more than 50 % of the tenderers current annual turnover, taken from the tenderers most recent set of audited accounts.
— Upon award of contract, the successful tenderers rating as determined by use of the credit rating agency, Creditsafe Business Solutions Limited will be sampled and used as a baseline for contract monitoring. This rating will be monitored for variance against the baseline at least every month. In the case of any negative variances against the baseline, this will be investigated by ESPO accordingly.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement with a single operator.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2017/S 180-368084
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:
01/06/2018
Local time: 12:00
IV.2.4) Languages in which tenders or requests to participate may be submitted
EN
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 4 (from the date stated for receipt of tender)
IV.2.7) Conditions for opening of tenders
Date:
01/06/2018
Local time: 12:00
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement:
No
VI.3) Additional information
As a central purchasing body as defined by the EU Procurement Directive 2014/24/EU (“the Directive”), the framework agreement is open for use by contracting authorities (as defined by the Directive) that also fall into one of the following classifications of user throughout all administrative regions of the UK: local authorities; educational establishments (including academies); Central Government Departments and Agencies; police, fire & rescue and coastguard emergency services; NHS and HSC Bodies, including ambulance services; registered charities; registered social landlords; or any contracting authority established by or under the Scotland Act 1998 or any Act of the Scottish Parliament. Details of the classification of end user establishments and geographical areas are available on: https://www.espo.org/About-us-(1)/FAQs/Legal
VI.4) Procedures for review
VI.4.1) Review body
ESPO
Barnsdale Way, Grove Park, Enderby
Leicester
LE19 1ES
UK
Internet address(es)
URL: www.espo.org
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
ESPO will incorporate a minimum 10 calendar days standstill period at the point information on the award of the contract is communicated to tenderers. Applicants who are unsuccessful shall be informed by ESPO as soon as possible after the decision has been made as to the reasons why the applicant was unsuccessful. If an appeal regarding the award of the contract has not been successfully resolved, The public contracts Regulations 2015 (SI 2105 No. 102) provide for aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take legal action. Any such action must be brought within the applicable limitation period. Where a contract has not been entered into, the Court may order the setting aside of the award decision or order for any document to be amended and may award damages, make a declaration of ineffectiveness, order for a fine to be paid, and/or order the duration of the contract be shortened. The purpose of the standstill period referred to above is to allow the parties to apply to the Courts to set aside the award decision before the contract is entered into.
VI.5) Date of dispatch of this notice
27/03/2018