United Kingdom-Leicester: 190_19 Fixed Price Energy

Type of document: Invitation to tender
Country: United Kingdom
OJEU Ref: (2019/S 038-084902/EN)
Nature of contract: Supply contract
Procedure: Open procedure
Regulation of procurement: EU
Type of bid required: Global bid

Contract notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: ESPO
Postal address: Barnsdale Way, Grove Park, Enderby
Town: Leicester
Postal code: LE19 1ES
Country: United Kingdom
Contact Person: Energy Procurement Team
Telephone: +44 1162944074
Email: tenders@espo.org
Internet address(es):
Main address:

The contract is awarded by central purchasing body
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge,at:
Additional information can be obtained from:
the above mentioned address
Tenders or requests to participate must be submitted:
electronically via:
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
Other activity: Local Authority Services

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: 190_19 Fixed Price Energy

Reference number: 190_19
II.1.2) Main CPV code: 09000000
II.1.3) Type of contract: Supplies
II.1.4) Short Description: ESPO are undertaking a procurement process to create a multi-supplier, multi-lot framework for the supply of gas and electricity on a fixed price (pence/kWh) and fixed term (1 year, 2 year, etc.) basis, with geographical coverage across England, Wales and Scotland. ESPO are creating this framework in reaction to interest and demand in a fixed price solution from independent customers, schools or multi-academy trusts covering a number of smaller sites.
Feedback to ESPO suggests that these customers would often rather a fixed price solution as this could provide multiple benefits; budgetary certainty across a fixed time period, decreased exposure to market forces such as oil pricing, and an increased flexibility of options when approaching the market for their energy requirement.
To express an interest:
(a) go to www.eastmidstenders.org,
(b) register,
(c) search for tender opportunity “190_19”,
(d) express an interest.
II.1.5) Estimated total value:
Value excluding VAT: 625000000 Currency: GBPII.1.6) Information about lots:
The contract is divided into lots: Yes
Tenders may be submitted for all lots
II.2) Description
II.2.1) Title: Electricity (Non Half Hourly)

Lot No:1
II.2.2) Additional CPV code(s)
09000000, 09100000, 09120000, 09121000, 09123000

II.2.3) Place of performance
Nuts code: UK
II.2.4) Description of the procurement:
This framework will allow customers to access fixed price, fixed length energy contracts for gas and electricity (Non Half Hourly/Half Hourly/Unmetered) using a further competition approach.
The following information is applicable to all lots:
— 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,
— ESPO has established a commercial trading company, ESPO Trading Limited, whose target clients are 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 may be asked to enter into an additional separate framework agreement (the Second Framework) with ESPO Trading Limited on materially similar terms to that found in the tender pack to be entered into by ESPO itself.
Any 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 public procurement legislation. ESPO Trading Limited may enter into the second 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 public procurement legislation. Accordingly, this is provided for bidders’ information only.
II.2.5) Award criteria

II.2.6) Estimated value:
Value excluding VAT: 175000000 Currency: GBP
II.2.7) Duration of the contract,framework agreement or dynamic purchasing system
Start: 2019-05-13End: 2021-05-12
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 yes
Description of options: The framework agreement/contract has the option to extend for up to a further 24 months. The total estimated value stated in Section II.1.5) includes the option period.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:no
II.2.14) Additional information: This lot is for the provision of a fixed term, fixed price quote for electricity on a Non Half Hourly metered basis (Profile Class 01-04).

II.2.1) Title: Electricity (Half Hourly)

Lot No:2
II.2.2) Additional CPV code(s)
09000000, 09100000, 09120000, 09121000, 09123000

II.2.3) Place of performance
Nuts code: UK
II.2.4) Description of the procurement:
This framework will allow customers to access fixed price, fixed length energy contracts for gas and electricity (Non Half Hourly/Half Hourly/Unmetered) using a further competition approach.
II.2.5) Award criteria

II.2.6) Estimated value:
Value excluding VAT: 175000000 Currency: GBP
II.2.7) Duration of the contract,framework agreement or dynamic purchasing system
Start: 2019-05-13End: 2021-05-12
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 yes
Description of options: The framework agreement/contract has the option to extend for up to a further 24 months. The total estimated value stated in Section II.1.5) includes the option period.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:no
II.2.14) Additional information: This lot is for the provision of a fixed term, fixed price quote for electricity on a Half Hourly metered basis (Profile Class 05-08).

II.2.1) Title: Electricity (Unmetered Supply)

Lot No:3
II.2.2) Additional CPV code(s)
09000000, 09100000, 09120000, 09121000, 09123000

II.2.3) Place of performance
Nuts code: UK
II.2.4) Description of the procurement:
This framework will allow customers to access fixed price, fixed length energy contracts for gas and electricity (Non Half Hourly/Half Hourly/Unmetered) using a further competition approach.
II.2.5) Award criteria

II.2.6) Estimated value:
Value excluding VAT: 125000000 Currency: GBP
II.2.7) Duration of the contract,framework agreement or dynamic purchasing system
Start: 2019-05-13End: 2021-05-12
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 yes
Description of options: The framework agreement/contract has the option to extend for up to a further 24 months. The total estimated value stated in Section II.1.5) includes the option period.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:no
II.2.14) Additional information: This lot is for the provision of a fixed term, fixed price quote for electricity on an unmetered basis.

II.2.1) Title: Gas

Lot No:4
II.2.2) Additional CPV code(s)
09000000, 09100000, 09120000, 09121000, 09123000

II.2.3) Place of performance
Nuts code: UK
II.2.4) Description of the procurement:
This framework will allow customers to access fixed price, fixed length energy contracts for gas and electricity (Non Half Hourly/Half Hourly/Unmetered) using a further competition approach.
II.2.5) Award criteria

II.2.7) Duration of the contract,framework agreement or dynamic purchasing system
Start: 2019-05-13End: 2021-05-12
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 yes
Description of options: The framework agreement/contract has the option to extend for up to a further 24 months. The total estimated value stated in Section II.1.5) includes the option period.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:no
II.2.14) Additional information: This lot is for the provision of a fixed term, fixed price quote for Mains gas supplies.

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 and/or gas supply license (as relevant to the awarded lots) granted by OFGEM and any other qualification or license as may be 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.2.2) Contract performance conditions: This contract will operate on-going contract monitoring procedures following award, to ensure financial stability requirements are maintained.
Credit rating checks will be carried out on a regular basis, using the credit rating agency, Creditsafe Business Solutions Limited.
Any changes will be assessed (compared with a baseline credit rating score obtained at contract award stage) and significant changes or sustained degradation will be investigated.

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
Framework agreement with several operators

In the case of framework agreements,provide justification for any duration exceeding 4 years:

IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:2018/S 154-352643
IV.2.2) Time limit for receipt of tenders or requests to participate
Date: 2019-03-29 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 tender must maintain the tender
Duration in months:3(from the date stated for receipt of tender)
IV.2.7) Conditions for opening tenders
Date: 2019-03-29 Local time: 12:00

Section VI: Complementary information
VI.1) Information about recurrence:
This is a recurrent procurement: no
VI.2) Information about electronic workflows
VI.3) Additional information:
As a Central Purchasing Body as defined by the EU Procurement Directive 2014/24/EU, the Framework Agreement is open for use by Public Bodies (defined at ) 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 and Rescue and Coastguard Emergency Services; NHS and HSC Bodies, including Ambulance Services; Registered Charities; Registered Social Landlords; or any public body 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 at:
VI.4) Procedures for review
VI.4.1) Review body
Official name: ESPO
Postal address: Barnsdale Way, Grove Park, Enderby
Town: Leicester
Postal code: LE19 1ES
Country: United Kingdom

VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
ESPO will incorporate a minimum 10 calendar day 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:2019-02-18