Contract notice
Section I: Contracting 
        authority        
      
I.1) Name and addresses
  City of Edinburgh Council
  07710854517
  Edinburgh
  EH8 8BG
  UK
  
            Contact person: Kelly Faulds
  
            Telephone: +44 7710854517
  
            E-mail: kelly.faulds@edinburgh.gov.uk
  
            NUTS: UKM75
  Internet address(es)
  
              Main address: http://www.edinburgh.gov.uk
  
              Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00290
 
I.1) Name and addresses
  Edinburgh College
  Bankhead Drive, Sighthill
  Edinburgh
  EH11 4DE
  UK
  
            Telephone: +44 1315354764
  
            E-mail: procurement@edinburghcollege.ac.uk
  
            NUTS: UKM75
  Internet address(es)
  
              Main address: http://www.edinburghcollege.ac.uk/
  
              Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00210
 
I.1) Name and addresses
  National Museums Scotland
  Chambers Street
  Edinburgh
  EH1 1JF
  UK
  
            Telephone: +44 3001236789
  
            E-mail: j.harper@nms.ac.uk
  
            NUTS: UKM
  Internet address(es)
  
              Main address: http://www.nms.ac.uk/
  
              Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00423
 
I.1) Name and addresses
  National Galleries of Scotland
  National Galleries of Scotland, 73 Belford Road
  Edinburgh
  EH4 3DS
  UK
  
            Telephone: +44 1316246374
  
            E-mail: amadeirarezende@nationalgalleries.org
  
            NUTS: UKM75
  Internet address(es)
  
              Main address: http://www.nationalgalleries.org
  
              Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11042
 
I.1) Name and addresses
  NHS Lothian
  Procurement Headquarters, Lothian Health Board Waverley Gate 2-4 Waterloo Place
  Edinburgh
  EH1 3EG
  UK
  
            Telephone: +44 8454242424
  
            E-mail: Jane.Hopton@nhslothian.scot.nhs.uk
  
            NUTS: UKM
  Internet address(es)
  
              Main address: http://www.nhslothian.scot.nhs.uk/
  
              Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00326
 
I.2) Joint procurement
The contract involves joint procurement
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge at:
www.publiccontractsscotland.gov.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be sent electronically to:
www.publiccontractsscotland.gov.uk
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
  II.1.1) Title
Heat Network Opportunity at  Granton Waterfront, Edinburgh
            Reference number: CT2931
  II.1.2) Main CPV code
  71314000
 
  II.1.3) Type of contract
  Services
  II.1.4) Short description
  The City of Edinburgh Council (the Council) is seeking to procure the delivery of a low carbon heat network to serve the Granton Waterfront development and existing buildings in the surrounding area under a concession model. The Council wishes to identify a concessionaire with the most economically advantageous tender to design, build, finance, operate and maintain the low carbon heat network using a two-stage process.
  The successful tenderer will initially be appointed to work with the Council over a c.8 month period under a Pre-Development contract before a final business case for the project is made.  This approach has been devised as part of the Council’s procurement strategy to reduce the burden of tendering as much as possible on tenderers and to encourage collaboration, innovation, risk apportionment, and partnership between the Council and the concessionaire.
  This procurement includes the opportunity to supply heat from the low carbon heat network to: the Council; the other bodies identified in this contract notice; and any Registered Social Landlords with properties in the Granton Waterfront development or surrounding area.
  Further details are outlined within the procurement documents.
  II.1.5) Estimated total value
  Value excluding VAT: 
			200 000 000.00 
			  GBP
  II.1.6) Information about lots
  
            This contract is divided into lots:
            
        No
      
 
II.2) Description
  
    II.2.2) Additional CPV code(s)
    09323000
    45232140
    45232141
    45251250
    71321200
    71314310
    II.2.3) Place of performance
    NUTS code:
    UKM75
    II.2.4) Description of the procurement
    The City of Edinburgh Council (the Council) is seeking to procure the delivery of a low carbon heat network to serve the Granton Waterfront development and existing buildings in the surrounding area under a concession model. The Council wishes to identify a concessionaire with the most economically advantageous tender to design, build, finance, operate and maintain the low carbon heat network using a two-stage process.
    The Granton Waterfront development is anticipated to deliver around 3,500 homes (over 1,000 of them affordable), a primary school, a medical centre and over 9,000m2 of commercial space. Around 800 homes and 3,000m2 of commercial space are expected to be delivered as part of the first phase of the development. As part of the development and to work towards meeting the target of Edinburgh achieving net zero carbon by 2030, the council wishes to progress the delivery of a heat network that will supply cost-competitive low carbon heat to new and existing households and non-domestic properties throughout Granton Waterfront and the surrounding areas, where deemed viable.
    The current preferred solution identified for the low carbon heat network, following feasibility work and outline business case work is to source heat for the network from a wastewater source heat pump utilising heat from sewers. The network would utilise a sewage heat recovery system, with a ground-mounted solar PV array helping meet the system’s electricity requirements. The heat would be distributed via a network of approximately 7km (depending on network routing and phasing of connections).  The indicative network identified as the preferred option in the outline business case is the maximum potential scheme serving the core Granton Waterfront development plus additional customers to the south, west and east. This preferred option represents an annual heat demand of c.25,055 MWh.
    The successful bidder will initially be appointed to work with the Council over a c.8 month period under a Pre-Development contract culminating in a final business case for the project.  This approach has been devised as part of the Council’s procurement strategy to reduce the burden of tendering as much as possible on tenderers and to encourage collaboration, innovation, risk apportionment, and partnership between the Council and the concessionaire.
    Subject to final business case approval, the Council intends to enter into a concession agreement with the successful tenderer to design, build, finance, operate, maintain and supply heat from the heat network.  The concession duration is subject to negotiation but is anticipated to be around 40 years.  The concession agreement will require heat to be supplied to properties in the Granton Waterfront development with the first properties currently anticipated to be ready for occupation in September 2025.  The concessionaire may also be required to incorporate a special purpose vehicle to deliver the heat network in which the Council is allotted a ‘golden share’ with voting rights attached.
    This procurement includes the opportunity to supply heat from the low carbon heat network to: the Council; the other bodies identified in this contract notice; and any Registered Social Landlords with properties in the Granton Waterfront development or surrounding area.
    Further details are outlined within the procurement documents.
    II.2.5) Award criteria
    Criteria below:
    
                    Quality criterion: Quality
                    / Weighting: 70
    
                    Cost criterion: Cost
                    / Weighting: 30
    II.2.6) Estimated value
    Value excluding VAT: 
			200 000 000.00 
			  GBP
    II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
    
                Duration in months: 488
    
                  This contract is subject to renewal: No
                
    II.2.9) Information about the limits on the number of candidates to be invited
    
          Envisaged number of candidates: 4
    Objective criteria for choosing the limited number of candidates:
    Please see procurement documents
    II.2.10) Information about variants
    
            Variants will be accepted:
            
              No
            
    II.2.11) Information about options
    
            Options:
            
              Yes
            
    Description of options:
    The Council anticipates that it will be possible to expand the network to connect more customers in the Granton Waterfront and surrounding areas.  Expansion will be the responsibility of the concessionaire.  It should be noted that the procurement process is being undertaken specifically for a heat network provider for the Granton Waterfront Development and surrounding areas, however, the Council reserves the right to extend the Agreement to other areas of the City at its sole discretion. This may include pre-development services or expansion of the network and will be discussed with the successful Tenderer only on completion of the pre-development services.
    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:
  Please see procurement documents.
  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
  Please see procurement documents.
  III.2.3) Information about staff responsible for the performance of the contract
  Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract
 
Section IV: Procedure
IV.1) Description
  IV.1.1) Type of procedure
  
                        Competitive procedure with negotiation
                        
  IV.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue
  Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
  IV.1.5) Information about negotiation
  The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
  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:
  2023/S 000-001480
  IV.2.2) Time limit for receipt of tenders or requests to participate
  
              Date:
              19/06/2023
  
                Local time: 12:00
  IV.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
  
              Date:
              03/07/2023
  IV.2.4) Languages in which tenders or requests to participate may be submitted
  EN
 
Section VI: Complementary information
VI.1) Information about recurrence
          This is a recurrent procurement:
          
        No
      
VI.3) Additional information
The contract value specified in this contract notice is the Council’s best assessment of the total revenues based on today’s prices from the initial heat network over a 40 year concession period.  This value will increase if the heat network is extended by the concessionaire as envisaged in the concession agreement.
The Council will undertake the financial evaluation on the Candidate and any key sub-contractor based on the value of the works/services which they are responsible for delivering.
Candidates are also asked to confirm that they will pay staff that are involved in the delivery of services under the contract, at least the real Living Wage.
Candidates who do not pass these questions will not be subject to Commercial Analysis. As a result the tender will not be considered further.
Candidates must complete the SPD (Scotland) to demonstrate adherence to the Exclusion and Selection Criteria for this procurement.
It is a mandatory requirement of this Contract that a prompt payment clause is present in all supply chain Contracts used in the delivery of the requirements. This ensures payment of sub-contractors at all stages of the supply chain within 30 days and includes an obligation to provide a point of contact for sub-contractors to refer to in the case of payment difficulties. This will require active monitoring of payment performance as well as the provision of evidence and reports to the Council as contractually scheduled.
NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=732198.
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/
A summary of the expected community benefits has been provided as follows:
Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/
A summary of the expected community benefits will be identified within the invitation to tender documentation.
(SC Ref:732198)
VI.4) Procedures for review
  VI.4.1) Review body
  
    Sheriff Court
    Sheriff Court House, 27 Chambers Street
    EH1 1LB
    UK
   
  VI.4.3) Review procedure
  Precise information on deadline(s) for review procedures:
  A tenderer that suffers loss as a result of a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session. The City of Edinburgh Council (the Council) will have a minimum standstill period of 10 days before awarding the contract. The communication of the award decision notice will be sent by fax or e-mail to all tenderers with the standstill period commencing on the next day. If proceedings are started in the Sheriff Court or the Court of Session against the Council in respect of the decision to award the contract within the standstill period then the Council is prevented from awarding the contract. Post contract award the Sheriff Court or the Court of Session may (1) award damages provided proceedings are brought within 3 months from the date when the grounds for the bringing of the proceedings first arose (2) be entitled to issue an ineffectiveness order or impose a financial penalty on the Council. A claim for an ineffectiveness order must be made within 30 days of the Contract Award Notice being published in the FTS or within 30 days of the date those who expressed an interest in or otherwise bid for the contract were informed of the conclusion of the contract or in any other case within 6 months from the date on which the contract was entered into.
 
VI.5) Date of dispatch of this notice
17/05/2023