Section one: Contracting authority
one.1) Name and addresses
ESPO
Barnsdale Way, Grove Park, Enderby
Leicester
LE19 1ES
Contact
Energy Procurement Team
Country
United Kingdom
NUTS code
UKF21 - Leicester
Internet address(es)
Main address
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://procontract.due-north.com/Advert?advertId=b9b2e77e-452b-ec11-810e-005056b64545
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://procontract.due-north.com/Advert?advertId=b9b2e77e-452b-ec11-810e-005056b64545
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
Other activity
Local Authority Services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
191_24 Electricity (Half Hourly Metered, Non-Half Hourly and Unmetered Supply)
Reference number
191_24 (ProContract internal Ref. DN573980)
two.1.2) Main CPV code
- 09300000 - Electricity, heating, solar and nuclear energy
two.1.3) Type of contract
Supplies
two.1.4) Short description
This replaces the previous Prior Information Notice where tender documentation is now available (please however note the confidential requirements below).
ESPO wish to create a four-year single supplier Framework Agreement for the provision of wholesale 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 https://www.eastmidstenders.org/; (b) Register (if not already registered on ProContract); (c) Search for tender opportunity ‘191_24’ (via "View Opportunities from the 'EastMidsTenders' Portal); d) Express an interest.
two.1.5) Estimated total value
Value excluding VAT: £960,000,000
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 09310000 - Electricity
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
ESPO wish to create a four-year single supplier Framework Agreement for the provision of wholesale 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 https://www.eastmidstenders.org/; (b) Register (if not already registered on ProContract); (c) Search for tender opportunity ‘191_24’ (via "View Opportunities from the 'EastMidsTenders' Portal); d) Express an interest.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start date
1 October 2024
End date
30 September 2028
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions
Suppliers must hold, and maintain for the duration of the Framework Agreement, an Electricity Supply Licence granted by OFGEM.
three.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
Supplier must hold and maintain an Electricity Supply Licence granted by OFGEM throughout the duration of the Framework Agreement.
Upon award of contract, the successful Suppliers rating, as determined by use of a recognised credit rating agency, 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.
The successful Supplier must agree and adhere to a number of Mandatory Requirements, Service Levels and Key Performance Indicators which are provided in the tender documentation.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.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
In the case of framework agreements, provide justification for any duration exceeding 4 years:
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2021/S 000-025440
four.2.2) Time limit for receipt of tenders or requests to participate
Originally published as:
Date
22 April 2022
Local time
12:00pm
Changed to:
Date
29 April 2022
Local time
12:00pm
See the change notice.
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.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)
four.2.7) Conditions for opening of tenders
Date
22 April 2022
Local time
12:00pm
Information about authorised persons and opening procedure
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 https://www.eastmidstenders.org/; (b) Register (if not already registered on ProContract); (c) Search for tender opportunity ‘191_24’ (via "View Opportunities from the 'EastMidsTenders' Portal); d) Express an interest.
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.3) Additional information
As a Central Purchasing Body as defined in the Public Contracts Regulations 2015, the Framework Agreement is open for use by Public Bodies (defined at https://www.espo.org/amfile/file/download/file/9608/) 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; The Corporate Office of the House of Lords, The Corporate Officer of the House of Commons; 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: https://www.espo.org/legal.
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.
six.4) Procedures for review
six.4.1) Review body
The Royal Court of Justice
The Strand
London
WC2A 2LL
Country
United Kingdom
six.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.