Services - 71929-2017

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24/02/2017    S39

United Kingdom-Liverpool: Energy-management services

2017/S 039-071929

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Official name: The Minister for the Cabinet Office acting through Crown Commercial Service
Postal address: 9th Floor The Capital Old Hall Street
Town: Liverpool
Postal code: L3 9PP
Country: United Kingdom
Telephone: +44 3450103503

Internet address(es):

General address of the contracting authority:

Address of the buyer profile:

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Other: public procurement
I.4)Contract award on behalf of other contracting authorities

Section II: Object of the contract

II.1.1)Title attributed to the contract by the contracting authority:
Demand Side Response Services.
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 27: Other services
Main site or location of works, place of delivery or of performance: UK — United Kingdom.


II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 6

Duration of the framework agreement

Duration in years: 3

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 14 000 000 GBP
II.1.5)Short description of the contract or purchase(s)
Crown Commercial Service as the Contracting Authority is putting in place a Framework Agreement for the provision of Demand Side Response Services for use by UK public sector bodies identified at VI.3 (and any future successors to these organisations), which include Central Government Departments and their Arm's Length Bodies and Agencies, Non Departmental Public Bodies, NHS bodies and Local Authorities.
The duration of the Framework Agreement is for a three (3) year period with an option to extend for one (1) year.
Please be advised that the Authority does not consider that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) to be an issue in respect of this Procurement at framework Agreement Award Stage as Services are not provided at this level.
At the Call Off Contract Stage, the Authority takes the view that TUPE is unlikley to apply. It is the responsibility of Potential Providers to take their own advice and consider whether TUPE is likely to apply at the Call Off Contract Stage and to act accordingly.
Crown Commercial Service reserves the right for an electronic auction to be held by Public Sector bodies during further competition among the parties to the Framework Agreement(s).
In reference to Section II.1.4, maximum number of participants allowed. The Framework Agreement will be concluded with the maximum number of Potential Providers. This may increase only where two (2) or more Potential Providers have tied scores and are placed in the last position. The Authority will award a Framework Agreement to additional Potential Providers where their Final Score is within 1 % of the original awarded last place position only. For the avoidance of doubt, last position is 6th.
II.1.6)Common procurement vocabulary (CPV)

71314200 Energy-management services, 38554000 Electricity meters, 50411300 Repair and maintenance services of electricity meters, 71314000 Energy and related services, 71314300 Energy-efficiency consultancy services

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
This contract is divided into lots: yes
Tenders may be submitted for one or more lots
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Crown Commercial Service, as the Authority intends to put in place a single Lot Framework Agreement for the provision of Demand Side Response (DSR) Services. The Framework Agreement will be available to all UK Central Government Departments, their Agencies and Arm's length Bodies, Wider Public Sector organisations and all other Contracting Authorities to access this Demand Side Response Framework Agreement.
The strategy for a single Lot Framework is to provide demand side response Goods and Services across UK public sector authorities on a ‘one stop shop’ fully managed service basis.This will deliver maximum overall benefits in terms of the efficiencies and economies of scale.
Estimated value excluding VAT: 14 000 000 GBP
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Information about lots

Lot No: 1 Lot title: Demand Side Response Services
1)Short description
Demand Side Response Services are pertaining to participation in activities or schemes where customers are incentivised financially to lower or shift their electricity use at peak times.
The Potential Provider shall provide the Demand Side Response Services as listed below:
A) — Network Operator Schemes
The Potential Provider shall provide access to at least one (1) or more of the following network Operator Schemes:
(i) Short Term Operating Reserve.
(ii) Firm Frequency Response.
(iii) Frequency Control by Demand Management.
(iv) Capacity Market.
(v) Demand Turn Up.
B) Transmission Network Charge Reduction Scheme
The Potential Provider shall provide services where requested to enable the Contracting Authorities to reduce consumption during the highest system peak periods which incur Transmission Network Use of System Charges.
C) Distribution Network Charge Reduction Scheme
The Potential Provider shall provide services where requested to enable Contracting Authorities to reduce consumption during the most expensive periods which incur the highest Distribution Use of System Charges.
The Demand Side Response Services may, where required by Contracting Authorities require the purchase and installation of Goods including new equipment, optimisation of existing equipment and provision of related services which will enable the Contracting Authority to participate in Demand Side Response schemes and in doing so reduce the consumption of their electricity supply from the Grid.
The scope includes provision for the Potential Provider to offer its own or third party financing options on request by the Contracting Authorities, to support delivery of the Demand Side Response Services.
2)Common procurement vocabulary (CPV)

71314200 Energy-management services, 50411300 Repair and maintenance services of electricity meters, 38554000 Electricity meters, 71314000 Energy and related services, 71314300 Energy-efficiency consultancy services

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Participants will be advised if this is necessary during the procurement. Parent company and/or other guarantees of performance and financial liability may be required by the Authority if considered appropriate.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
No special legal form is required to participate in this Procurement, but if a contract is awarded to a Group of Economic Operators, the Authority may require the group of Economic Operators to form a legal entity before entering into the Framework Agreement to the extent that this is necessary for the satisfactory performance of the Contract in question.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: Potential Providers will be assessed in accordance with Section 5 of the 2015 Public Contract Regulations (implementing the Directive) on the basis of information provided in response to an Invitation to Tender (‘ITT’).

This procurement will be managed electronically via the Authority's e-Sourcing Suite. To participate in this procurement, participants must first be registered on the e-Sourcing Suite. If you have not yet registered on the eSourcing Suite, please go online at by following the link ‘Register for CCS eSourcing’. Please note that, to register, you must have a valid DUNS number (as provided by Dun and Bradstreet) for the organisation which you are registering, who will be entering into a contract if invited to do so. Full instructions for registration and use of the system can be found at:

Once you have registered on the eSourcing Suite, a registered user can express an interest for a specific procurement. This is done by emailing

Your email must clearly state: the name and reference for the procurement you wish to register for; the name of the registered supplier; and the name and contact details for the registered individual sending the email. The Authority will process the email and then enable the Potential Provider to access the procurement online via the e-Sourcing Suite. The registered user will receive a notification email to alert them once this has been done. As a user of the e-Sourcing Suite you will have access to the e-Sourcing Suite email messaging service which facilitates all messages sent to you and from you in relation to any specific RFX event.

Please note it is your responsibility to access these messages on a regular basis to ensure you have sight of all relevant information. For technical assistance on use of the e-Sourcing Suite please contact Crown Commercial Service Support Desk email:

A full copy of the ITT documentation for this Procurement will be available for unrestricted and full direct access, free of charge via Crown Commercial Service website from the date of this publication of the contract notice: Responses must be published by the date in IV.3.4)

The service arises from a Contract/Framework and will involve the Potential Provider holding material that has been assigned a protective marking under the Government Security Classifications Scheme (April 2014) of OFFICIAL-SENSITIVE. It is a condition of this contract that this material must be protected. Baseline protection controls are defined in ISO27001:2013 and further defined by the Security Policy Framework

III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Potential Providers will be assessed in accordance with the Invitation to Tender (‘ITT’).
The Authority may take into account any of the following information:
(a) a copy of your audited accounts for the most recent two (2) years;
(b) a statement of the turnover, profit and loss account/income statement, balance sheet/statement of financial position and statement of cash flow for the most recent year of trading;
(c) a statement of your cash flow forecast for the current year and a bank letter outlining the current cash and credit position; and/or an alternative means of demonstrating financial status.
Minimum level(s) of standards possibly required: As stated in the Invitation to Tender (ITT).
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
Potential Providers will be assessed in accordance with Section 5 of the Public Contract Regulations 2015, implementing the Directive, on the basis of information provided in response to an Invitation to Tender (‘ITT’).
The Authority may take into account the following information:
(a) Two (2) suitable contract examples, from the public or private sector, where similar requirements to those sought under this Procurement have been performed. Contracts should have been performed during the past three (3) years. Customer contacts must be warned they may be contacted by Crown Commercial Service, to verify the accuracy of the information provided at any time;
(b) A list of the principal deliveries or main services provided over the past three (3) years, with the sums, dates and recipients, whether public or private, involved;
(c) A description of the technical facilities and measures used by the Potential Provider for ensuring quality and data security;
(d) An indication of the proportion of the contract which the Potential Provider intends possibly to Sub Contract.
Cyber Essentials is mandatory for Central Government Contracts which involve handling personal information and providing certain ICT products and services. The Government is taking steps to further reduce the levels of cyber security risk in its supply chain through the Cyber Essentials scheme. The
scheme defines a set of controls which, when properly implemented, will provide organisations with basic protection from the most prevalent forms of threat coming from the internet. There are two (2) levels of certification: Cyber Essentials and Cyber Essentials Plus.
To participate in this Procurement, Potential Providers must be able to demonstrate that they comply with the technical requirements prescribed by Cyber Essentials for services under and in connection with this Procurement. Potential Providers may be awarded a place on the Framework Agreement but shall not enter into any Call Off Contract with Contracting Authorities until they are able to demonstrate to the Authority that they meet the technical requirements prescribed by Cyber Essentials for services under and in connection with this Procurement.
Potential Providers should note that, in accordance with the UK Government's policies on transparency, the Authority intends to publish the Invitation to Tender (ITT) document and the text of any Framework Agreement awarded, subject to possible redaction's at the discretion of the Authority. The terms of
the proposed Framework Agreement will also permit public sector Contracting Authorities, awarding a contract under this Framework Agreement, to publish the text of that contract, subject to possible redaction's at the discretion of the Contracting Authorities.

Further information on transparency can be found at: ttps://

III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated below

1. Quality. Weighting 40

2. Price. Weighting 60

IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2016/S 063-108499 of 31.3.2016

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
3.4.2017 - 15:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
in days: 120 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders


Electronically, via web-based portal

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information

A full copy of the procurement documentation for this Procurement will be available for unrestricted and full direct access, free of charge via the Authority's website from the date of publication of the contract notice:

An eAuction may be used the Contracting Authority during Call Off Contract Agreement.
The Authority expressly reserves the right
(i) not to award any Framework Agreement as a result of the procurement process commenced by publication of this notice; and
(ii) to make whatever changes it may see fit to the content and structure of the tendering competition; and in no circumstances will the Authority be liable for any costs incurred by the Potential Provider.
The duration referenced in Section II.3) is for the placing of Orders.
This Framework Agreement will be for an Initial Period of three (3) years, with the option to extend for up to one (1) further period of twelve (12) consecutive months at the Authority's discretion.
The value provided in Section II.2.I) is only an estimate. We cannot guarantee to Suppliers any business through the Framework Agreement.
Crown Commercial Service wishes to establish a Framework Agreement for use by the following UK public sector bodies (and any future successors to these organisations):
Central Government Departments, Local Government and Public Corporations that can be accessed at the Public Sector Classification Guide:

Please note Central Government departments may be subject to Government Digital Service approval before using the Framework Agreement.
Local Authorities Agent acting on behalf of Cheltenham Borough Council.


National Parks Authorities

Educational Establishments in England and Wales, maintained by the Department for Children, Schools and Families including Schools, Universities and Colleges but not Independent Schools

Police Forces in the United Kingdom

Fire and Rescue Services in the United Kingdom

NHS Bodies England

Hospices in the UK

Registered Social Landlords (Housing Associations)
Third Sector and Charities in the United Kingdom

Citizens Advice in the United Kingdom

Scottish Public Bodies
The Framework Agreement will be available for use by any Scottish Public Sector Body: the Authority; Scottish Non-Departmental Public Bodies; offices in the Scottish Administration which are not ministerial offices; crossborder 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 (except where they are acting in their capacity as educational authority); Scottish joint fire boards or joint fire and rescue boards; Scottish joint police boards or any successor National Police or Fire Authority; Scottish National Park authorities, bodies registered as social landlords under the Housing (Scotland) Act 2001, Scottish health boards or special health boards, Student Loans Company Limited, Northern Lighthouse Board, 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.

Scottish Government Scottish Parliament Scottish Public Services Ombudsman Scottish Information Commissioner Commissioner for Children and Young People in Scotland Scottish Commission for Human Rights Commission for Ethical Standards in Public Life in Scotland Standards Commission for Scotland Scottish Local Authorities Scottish Agencies, NDPBs Scottish NHS Bodies Scottish Further and Higher Education Bodies Scottish Police Scottish Housing Associations,com_membersdir/Itemid,149/view,membersdir/ The Scotland Office Registered Social Landlords (Housing Associations) — Scotland

Scottish Schools Primary Schools schoolsearchstring=&addresssearchstring=&authority=&strTypes=isprimaryschool&bSubmit=1&Submit=Search

Secondary Schools schoolsearchstring=&addresssearchstring=&authority=&strTypes=issecondaryschool&bSubmit=1&Submit=Search

Special Schools schoolsearchstring=&addresssearchstring=&authority=&strTypes=isspecial&bSubmit=1&Submit=Search

Scottish Public Bodies
National Records of Scotland
Historic Scotland
Disclosure Scotland
Registers of Scotland
Scottish Qualification Authority
Scottish Courts Service
Scottish Prison Service
Transport Scotland
The Scottish Government Core Directorates
Highlands and Islands Enterprise
Crown Office and Procurator Fiscal Service
Scottish Police Authority
National Museums of Scotland
Scottish Children's Reporter Administration
Scottish Enterprise
Scottish Environment Protection Agency
Scottish Legal Aid Board
Scottish Natural Heritage
Skills Development Scotland
Visit Scotland
Aberdeen City Council
Aberdeenshire Council
Angus Council
Argyll and Bute Council
City of Edinburgh Council
Clackmannanshire Council
Comhairle nan Eilean Siar
Dumfries and Galloway Council
Dundee City Council
East Ayrshire Council
East Dunbartonshire Council
East Lothian Council
East Renfrewshire Council
Falkirk Council
Fife Council
Glasgow City Council
Highland Council
Inverclyde Council
Midlothian Council
Moray Council,
The North Ayrshire Council
North Lanarkshire Council
Orkney Islands Council
Perth and Kinross Council
Renfrewshire Council
Scottish Borders Council
Shetland Islands Council
South Ayrshire Council
South Lanarkshire Council
Stirling Council
West Dunbartonshire Council
West Lothian Council
Central Scotland Fire and Rescue Service
Dumfries and Galloway Fire and Rescue Service
Fife Fire and Rescue Service
Grampian Fire and Rescue Service
Highlands and Islands Fire and Rescue Service
Lothian and Borders Fire and Rescue Service
Strathclyde Fire and Rescue Service
Tayside Fire and Rescue Service
Golden Jubilee Hospital (National Waiting Times Centre Board)
NHS 24
NHS Ayrshire and Arran
NHS Borders
NHS Dumfries and Galloway
NHS Education for Scotland
NHS Fife
NHS Forth Valley
NHS Grampian
NHS Greater Glasgow and Clyde
NHS Health Scotland
NHS Highland
NHS Lanarkshire
NHS Lothian
NHS Orkney
Healthcare Improvement Scotland
NHS Shetland
NHS Tayside
NHS Western Isles
Scottish Ambulance Service
The Common Services Agency for the Scottish Health Service
The State Hospital for Scotland
Aberdeen College
Adam Smith College
Angus College
Anniesland College
Ayr College
Banff and Buchan College
Barony College
Borders College
Cardonald College
Carnegie College
Central College of Commerce
Clydebank College
Coatbridge College
Cumbernauld College
Dumfries and Galloway College
Dundee College
Edinburghs Telford College
Elmwood College
Forth Valley College
Glasgow College of Nautical Studies
Glasgow Metropolitan College
Inverness College
James Watt College
Jewel and Esk College
John Wheatley College
Kilmarnock College
Langside College
Lews Castle College
Moray College
Motherwell College
Newbattle Abbey College
North Glasgow College
North Highland College
Oatridge College
Orkney College
Perth College
Reid Kerr College
Sabhal Mor Ostaig
Shetland College
South Lanarkshire College
Stevenson College
Stow College
West Lothian College
Edinburgh College of Art
Edinburgh Napier University
Glasgow Caledonian University
Glasgow School of Art
Heriot-Watt University
Queen Margaret University
Robert Gordon University
Royal Scottish Academy of Music and Drama
Scottish Agricultural College
UHI Millennium Institute
University of Aberdeen
University of Abertay Dundee
University of Dundee
University of Edinburgh
University of Glasgow
University of St Andrews
University of Stirling
University of Strathclyde
University of the West of Scotland
Cairngorms National Park Authority
Office of Scottish Charity Regulator
Forestry Commission Scotland
Audit Scotland
Welsh Public Bodies
National Assembly for Wales,

Welsh Assembly Government and Welsh Local Authorities, and all bodies covered by: NHS Wales Housing Associations — Registered Social Landlords Wales NI Public Bodies Northern Ireland Government Departments Northern Ireland Public Sector Bodies and Local Authorities Schools in Northern Ireland Universities in Northern Ireland Health and Social care in Northern Ireland Northern Ireland Housing Associations Police Service of Northern Ireland

Entities which are not public sector bodies may also use the Framework Agreements if the Authority is satisfied that: such entity is calling off Goods and Services directly, solely and exclusively in order to satisfy contractual obligations to one (1) or more public sector bodies, all of which are entitled to use the Framework Agreements on their own account; all Goods and Services to be called-off by it are to be used directly, solely and exclusively to provide energy at sites occupied by such public sector body(ies); and it will pass the benefit of the Call-Off Contract to such public sector body(ies) directly, in full and on a purely ‘pass-through’ basis. Accordingly there must be no mark-up, management fee, service charge or any similar cost solely in relation to the supply of energy imposed on the relevant public sector body(ies), who must be able to benefit from the terms of the Framework Agreements in a like manner and to the same extent as if using the Framework Agreements on its/their own account.
This Framework Agreement will also be accessible for use by any corporation established, or a group of individuals appointed to act together, for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, and
(i) financed wholly or mainly by another Contracting Authority (listed above in this section VI.3) of this
(ii) subject to management supervision by another Contracting Authority (listed above in this section
VI.3) of this notice; or
(iii) 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, are appointed by another Contracting Authority (listed above in this section VI.3) of this notice;
(iv) an association of or formed by one (1) or more of the Contracting Authorities (listed above in this section VI.3) of this notice.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice: