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ESPO is looking to create a four year single supplier framework agreement for the provision of mains gas supplies, with ESPO acting as an intermediary to buy gas in the wholesale market on behalf of customers. The successful supplier must able to ...

Contract notice

Supplies

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
ESPO
Barnsdale Way, Grove Park, Enderby
Leicester
LE19 1ES
United Kingdom
Contact person: Ms Ami Toone
Telephone: +44 1162944074
E-mail:
NUTS code: UK

Internet address(es):

Main address: http://www.espo.org/

Address of the buyer profile: 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=8ba66e7a-676f-e611-8114-000c29c9ba21
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: www.eastmidstenders.org
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:

192_19 Mains Gas.

Reference number: DN178360
II.1.2)Main CPV code
09121200
II.1.3)Type of contract
Supplies
II.1.4)Short description:

ESPO is looking to create a four year single supplier framework agreement for the provision of mains gas supplies, with ESPO acting as an intermediary to buy gas in the wholesale market on behalf of customers. The successful supplier must able to provide associated services, such as Automated Meter Reading (AMR) and site works.

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 192_19 (d) Express an interest.

II.1.5)Estimated total value
Value excluding VAT: 240 000 000.00 GBP
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
09121200
II.2.3)Place of performance
NUTS code: UK
II.2.4)Description of the procurement:

ESPO is looking to create a four year single supplier framework agreement for the provision of mains gas supplies, with ESPO acting as an intermediary to buy gas in the wholesale market on behalf of customers. The successful supplier must able to provide associated services, such as Automated Meter Reading (AMR) and site works.

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: <http://www.espo.org/About-us-%281%29/FAQs/Legal>;.

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. Trading Company No 1 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.

A second company will be contracted by ESPO to manage and administer the first framework agreement for ESPO in relation to certain contracting authorities. This company will not affect the contractual relationship with the successful bidder save to the extent that the company will be responsible for the marketing and administration of the framework agreement and will also, at the election of ESPO, be able to collect a proportion of the Retrospective Rebate in respect of the work it does. The framework agreement will not otherwise change and customers will call off service contracts directly with the Supplier.

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: 240 000 000.00 GBP
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 01/04/2019
End: 31/03/2023
This contract is subject to renewal: no
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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

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:

Tenderers must hold a valid supply licence granted by OFGEM in accordance with the Gas Act 1986.

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.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:
III.2.3)Information about staff responsible for the performance of the contract

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 a single operator
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the 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: 2016/S 166-298596
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 31/07/2017
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 3 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 31/07/2017
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 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: <http://www.espo.org/About-us-%281%29/FAQs/Legal>;.

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. Trading Company No 1 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.

A second company will be contracted by ESPO to manage and administer the first framework agreement for ESPO in relation to certain contracting authorities. This company will not affect the contractual relationship with the successful bidder save to the extent that the company will be responsible for the marketing and administration of the framework agreement and will also, at the election of ESPO, be able to collect a proportion of the Retrospective Rebate in respect of the work it does. The framework agreement will not otherwise change and customers will call off service contracts directly with the Supplier.

VI.4)Procedures for review
VI.4.1)Review body
ESPO
Barnsdale Way Grove Park, Enderby
Leicester
LE19 1ES
United Kingdom
VI.4.2)Body responsible for mediation procedures
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.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
30/06/2017