Concession award notice
Results of the procurement procedure
Section I: Contracting
authority/entity
I.1) Name and addresses
The Countess of Chester Hospital NHS Foundation Trust
The Countess of Chester Health Park, Liverpool Road
Chester
CH2 1UL
UK
E-mail: info@coch-cps.co.uk
NUTS: UKD63
Internet address(es)
Main address: www.coch.nhs.uk
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
Health
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Service Concession contract to provide carbon and energy infrastructure upgrade support services.
II.1.2) Main CPV code
71311300
II.1.3) Type of contract
Services
II.1.4) Short description
This is a service concession contract. The Countess of Chester Hospital NHS Foundation Trust awarded a service concession contract to Carbon and Energy Fund Limited, a special purpose vehicle (SPV),in order to provide guidance, advice and expertise in administering transformational change services to the NHS, Local and Central Government specific to low carbon energy efficient infrastructure and the ongoing management and performance of their contractual obligations therein. This includes the supply of resources and expertise to deliver an end to end package of transformational delivery for each client organisation using the service, from point of identification of requirement through to award of a contract and ongoing performance management of their selected provider.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
4 000 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
71314000
71314200
71314300
79419000
79994000
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
This is a service concession contract. The Countess of Chester Hospital NHS Foundation Trust has awarded a service concession contract to Carbon and Energy Fund Limited, a special purpose vehicle (SPV), in order to provide guidance, advice and expertise in administering transformational change services to the NHS, Local and Central Government specific to low carbon energy efficient infrastructure and the ongoing management and performance of their contractual obligations therein. This will include the supply of resources and expertise to deliver an end to end package of transformational delivery for each client organisation using the service, from point of identification of requirement through to award of a contract and ongoing performance management of their selected provider.
The Carbon and Energy Fund Ltd is a special purpose vehicle (SPV) set up by trustees representing the NHS and other related bodies to provide the full range of carbon and energy project support services (technical, legal, procurement, balance sheet, project management, framework development), that are totally funded in arrears from project costs, through the NCIS system using a small portion of the project funding, so as to impose no burden upon a public sector body wishing to engage with it. The Carbon and Energy Fund Ltd is the only supplier of these services who operate under a concession arrangement, whereby payment for services provided are received from the financier of the project on a commission basis rather than receive payment from the client authority themselves. The partnership arrangement to be awarded to the Carbon and Energy Fund Ltd is properly categorised as a ‘services concession contract’ (as defined in the Concessions Contracts Regulations 2016) because: (i) the consideration to be received by the partner will be the right to exploit the services that are the subject of the contract together with payment (which is received from the financier of the project on a commission basis, not from the client authority); and (ii) an operating risk is with the Carbon and Energy Fund Ltd as they would incur loss if they were unable to generate call-offs from the framework. Services concession contracts are covered by the Concessions Contracts Regulations 2016 and are therefore not covered by the scope of the Public Contracts Directive 2014/24/EU of the European Parliament and of the Council. The Trust has awarded a contract to the partner as a below threshold services concession under the Concessions Contracts Regulations 2016 as the remuneration of the Carbon and Energy Fund will not exceed the Concessions Contracts Regulations threshold of 4 104 394 GBP.
II.2.5) Award criteria
Concession is awarded on the basis of the criteria described below
Criterion: The Carbon and Energy Fund Ltd is the only supplier of the services who operate under a concession arrangement.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 72
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 IV: Procedure
IV.1) Description
IV.1.1) Form of procedure
Award procedure without prior publication of a concession notice in the cases listed below (please complete Annex D4)
Justification for selected award procedure:
The procurement falls outside the scope of application of the Directive
Explanation
The Carbon and Energy Fund Ltd is a special purpose vehicle (SPV) set up by trustees representing the NHS and other related bodies to provide the full range of carbon and energy project support services (technical, legal, procurement, balance sheet, project management, framework development), that are totally funded in arrears from project costs, through the NCIS system using a small portion of the project funding, so as to impose no burden upon a public sector body wishing to engage with it. The Carbon and Energy Fund Ltd is the only supplier of the services who operate under a concession arrangement, whereby payment for services provided are received from the financier of the project on a commission basis rather than receive payment from the client authority themselves. The partnership arrangement to be awarded to the Carbon and Energy Fund Ltd is properly categorised as a ‘services concession contract’ (as defined in the Concessions Contracts Regulations 2016) because: (i) the consideration to be received by the partner will be the right to exploit the services that are the subject of the contract together with payment (which is received from the financier of the project on a commission basis, not from the client authority); and (ii) an operating risk is with the Carbon and Energy Fund Ltd as they would incur loss if they were unable to generate call-offs from the framework. Services concession contracts are covered by the Concessions Contracts Regulations 2016 and are therefore not covered by the scope of the Public Contracts Directive 2014/24/EU of the European Parliament and of the Council. The Trust intends to award a contract to the partner as a below threshold services concession under the Concessions Contracts Regulations 2016 as the remuneration of the Carbon and Energy Fund will not exceed the Concessions Contracts Regulations threshold of 4 104 394 GBP.
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2017/S 190-390044
Section V: Award of contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
29/09/2017
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Carbon and Energy Fund Limited
Accrington
UK
NUTS: UKD4
The contractor is an SME:
Yes
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
4 000 000.00
GBP
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Royal Courts of Justice
London
UK
VI.5) Date of dispatch of this notice
25/10/2017