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The Scottish Ministers through the Collaborative and Scottish Government Procurement Division are seeking to establish a single operator framework for the Supply of Electricity and Associated Services to the Scottish Public Sector. The duration of ...

Contract notice

Supplies

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Scottish Government
Victoria Quay, Leith
Edinburgh
EH6 6QQ
United Kingdom
Contact person: Tom Waring
Telephone: +44 1312447556
E-mail:
NUTS code: UKM

Internet address(es):

Main address: http://www.scotland.gov.uk

Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10482

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://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html
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
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Supply of Electricity.

Reference number: SP-17-004
II.1.2)Main CPV code
09310000
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The Scottish Ministers through the Collaborative and Scottish Government Procurement Division are seeking to establish a single operator framework for the Supply of Electricity and Associated Services to the Scottish Public Sector. The duration of the framework agreement will be for 3 years with options to extend for three further 12 month periods.

Please refer to section VI.3) Additional Information for eligible public bodies.

II.1.5)Estimated total value
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)
09310000
II.2.3)Place of performance
NUTS code: UKM
II.2.4)Description of the procurement:

The framework agreement is for the supply of electricity encompassing Half-Hourly, Non Half-Hourly, Domestic, Pseudo Half-Hourly and Unmetered Supplies.

The anticipated total consumption, based on the current Scottish Procurement framework agreement volumes, is 2.6 TWh per annum.

Scottish Procurement will operate a flexible purchasing strategy for public sector and third sector bodies under the Framework Agreement, predominantly sourced via the traded electricity markets employing buys and sells on a forward and prompt basis via the Contractor's trading desk, with forward purchasing anticipated at 30 months. The Contractor must be able to incorporate power volumes sourced independently into the volumes of energy that are required to supply any designated framework users. Framework users will take delivery of power on the basis of annual supply periods. Framework users may require certain ancillary services.

The Framework documentation incorporates a number of requirements relevant to and included so as to promote the potential for furthering environmental, renewable and robust energy supply initiatives. The measures it contains include that the supplier must be able to incorporate power volumes sourced independently, with a view to incorporating, within the supply portfolio, sources of generation consistent with the objectives of the Authority and the relevant Framework users (for example related to furthering duties on the framework users to further their sustainable procurement duty or duties under the Climate Change (Scotland) Act 2009), and to future-proof the agreement for policies proposed in the Scottish Government Draft Scottish Energy Strategy.

The period of the Framework Agreement shall be from 1.4.2018 to 31.3.2021 with options to extend for up to 3 years to 31.3.2024 in single year extensions.

Within these time periods, the Contractor will be expected to provide flexible purchasing trading services only for the period 1.4.2018 to 31.3.2019, with the existing provider continuing to supply electricity under the existing framework during this period.

For the avoidance of doubt the Contractor will not supply electricity to public bodies and third sector bodies under the Framework Agreement during the period 1.4.2018 to 31.3.2019. The supply of electricity will commence on 1.4.2019.

For the remaining duration of the framework agreement the Contractor will provide flexible purchasing trading services and supply of electricity to public sector and third sector bodies.

Between 1.4.2019 and 31.3.2021, it is anticipated that supply may include significant volumes of electricity purchased from the existing framework provider under the existing framework and sleeved by the Contractor under the terms of the Framework Agreement (see procurement documents).

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Quality / Weighting: 50
Price - Weighting: 50
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: yes
Description of renewals:

Three one year extension options.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Three one year extension options.

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
III.1.2)Economic and financial standing
Minimum level(s) of standards possibly required:

ESPD Statement 4B.1.1: Bidders will be required to have a minimum ‘general’ yearly turnover of 250 000 000 GBP for the last 3 years. The reason for this figure is that the services include a requirement to forward purchase significant volumes of electricity, up to 2.5 years ahead, for which the customer shall not pay until soon after the point of consumption, creating exposure and financial capacity considerations justifying the turnover figure used. The figure is considered to be below 2 x the annual contract value of the contract.

ESPD Statement 4B.5.1 and 4B.5.2: It is a requirement that bidders hold or can commit to obtain prior to the commencement of any subsequently awarded contract the types of insurance indicated below:

Employers Liability Insurance 5 000 000 GBP (in accordance with any legal obligation for the time being in force).

Public Liability Insurance 10 000 000 GBP for any 1 incident and unlimited in total.

Professional Indemnity Insurance 5 000 000 GBP for any 1 incident and unlimited in total.

III.1.3)Technical and professional ability
Minimum level(s) of standards possibly required:

ESPD Statement 4C.6: Tenderers will be required to hold an electricity supply licence.

ESPD Statement 4D.1: Tenderers will be required, by the framework commencement date, to demonstrate that they have controls in place to mitigate against cyber-attacks and ensure continuity of service; this may be demonstrated by accreditation to applicable standards such as ISO 27001, ISO 22301, ISO/IEC 20000, Cyber Essentials or their equivalents.

ESPD Statement 4D.1: Tenderers will be required, by the framework commencement date, to have an effective Quality Management System in place; this may be demonstrated by accreditation to an applicable standard such as ISO 9001, or equivalent, or by submitting a copy of their own Quality Management System.

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
In the case of framework agreements, provide justification for any duration exceeding 4 years: The framework is for 36 months with three one year extension options. For the first twelve months of the framework the supplier shall be required to deliver flexible trading services only, with supply of electricity commencing thereafter. There is a significant amount of work associated with the transfer of customers to the framework agreement from the previous framework.
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
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 03/10/2017
Local time: 13:00
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
Tender must be valid until: 05/03/2018
IV.2.7)Conditions for opening of tenders
Date: 03/10/2017
Local time: 13:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

The Framework Agreement will be available for use by the Scottish Ministers (including Agencies), Scottish Non-Departmental Public Bodies, offices in the Scottish Administration which are not ministerial offices, cross- border public authorities within the meaning of section 88(5) of the Scotland Act 1998, the Scotland Office, the Scottish Parliamentary Corporate Body, councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994, Scottish Fire & Rescue Service, the Scottish Police Authority, Scottish health boards or special health boards, all NHS Scotland, The Integrated Joint Boards established further to the Public Bodies (Joint Working) Act 2014, bodies registered as social landlords under the Housing (Scotland) Act 2001, Student Loans Company Limited, the Forestry Commission, the Commissioner of Northern Lighthouse operating as the Northern Lighthouse Board, Equality and Human Rights Commission, Business Stream Ltd, the Business Gateway National Unit at the Convention of Scottish Local Authorities, further or higher education institutions being fundable bodies within the meaning of section 6 of the further and Higher Education (Scotland) Act 2005, any public body established by or under the Scotland Act 1998 or any Act of the Scottish Parliament, any association of or formed by one or more of the foregoing, bodies financed wholly or mainly by one or more of the foregoing, bodies subject to management supervision by one or more of the foregoing and bodies more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by one or more of the foregoing. In addition to the contracting authorities listed, the framework agreement will be available to charities entered on the Scottish Charity Register and voluntary organisations entered on the Membership Database of the Scottish Council for Voluntary Organisations.

Information about Scottish Public Bodies is available at:

http://www.scotland.gov.uk/Topics/Government/public-bodies/about

Information about the Review of Public Procurement in Scotland and links to the other Centres of Expertise are available at:

http://www.scotland.gov.uk/Topics/Government/Procurement

The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is project_7562. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

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: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2361

A summary of the expected community benefits has been provided as follows:

Social considerations will be taken into account in this procurement. See procurement documents.

The successful Contractor is expected to work with the Authority to achieve, through the Contractor's performance of the Framework Agreement and its call-off contracts, sustainable procurement goals deriving from the Procurement Reform (Scotland) Act 2014 (the Act), the Scottish Government's Procurement Strategy and, as relevant, the Procurement Strategies of other Public Bodies using the Framework.

In terms of the Act, Community Benefits include benefits in the form of: training and recruitment opportunities; the availability of sub-contracting opportunities and other benefits that improve the economic, social or environmental wellbeing within a public body's area whilst a contract is being performed.

(SC Ref:506537).

VI.4)Procedures for review
VI.4.1)Review body
Scottish Government
Victoria Quay, Leith
Edinburgh
EH6 6QQ
United Kingdom
Telephone: +44 1312447556

Internet address:http://www.scotland.gov.uk

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Scottish Government will incorporate the required minimum 10 day standstill period commencing the day after information on the award is communicated to tenderers. The Public Contract (Scotland) Regulations 2015 provide for aggrieved parties who have been harmed or risk being harmed by breach of the rules to take legal action. Any such action must be brought within the applicable limitation period.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
15/08/2017