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Collective Energy Switching Scheme.

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

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

Peterborough City Council
Town Hall, Bridge Street
For the attention of: John Harrison
PE1 1HG Peterborough
UNITED KINGDOM
Telephone: +44 1733452398
E-mail:
Fax: +44 1733452664

Internet address(es):

General address of the contracting authority: http:///www.peterborough.gov.uk

Further information can be obtained from: Peterborough City Council
Town Hall, Bridge Street
For the attention of: Claire Watt
PE1 1HG Peterborough
UNITED KINGDOM
Telephone: +44 1733452520
E-mail:
Fax: +44 1733452664
Internet address: http://www.peterborough.gov.uk

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: Peterborough City Council
Town Hall, Bridge Street
For the attention of: Claire Watt
PE1 1HG Peterborough
UNITED KINGDOM
Telephone: +44 1733452520
E-mail:
Fax: +44 1733452664
Internet address: http://www.peterborough.gov.uk

Tenders or requests to participate must be sent to: Peterborough City Council
Town Hall, Bridge Street
For the attention of: Claire Watt
PE1 1HG Peterborough
UNITED KINGDOM
Telephone: +44 1733452520
E-mail:
Fax: +44 1733452664
Internet address: http://www.peterborough.gov.uk

I.2)Type of the contracting authority
Regional or local authority
I.3)Main activity
General public services
Environment
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Collective Energy Switching Scheme.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 7: Computer and related services
Main site or location of works, place of delivery or of performance: Peterborough.

NUTS code UKH11

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
In line with Peterborough City Council (the "Council”)'s Sustainable Community Strategy, the Council is committed to supporting the UK Government's collective switching initiative. The Council has contacted other local authorities to participate in the tender. The local authorities named below (together with the Council, the "Participating Councils") have agreed for the Council to act as lead procuring authority for the purposes of this tender. The joint aim of the Participating Councils is to reduce fuel poverty by aggregating their communities’ energy spend in order to achieve more affordable energy.
The Council is seeking to appoint a service provider to develop an IT based solution and to run collective energy switching schemes by means of reverse auction with energy suppliers on behalf of Participating Council's residents (including those residents utilising pre-paid meter cards and in affordable and/or social housing), SMEs, and other commercial and corporate entities. However, the scheme should not exclude residents, SMEs and other commercial and corporate entities outside those administrative areas. The solution shall include:
- a ‘white-labelled’ web portal for each Participating Council's website,
- implementation of paper based process for residents without access to the internet,
- robust data security measures to protect resident's data,
- a helpdesk service for resident's queries regarding the reverse auction,
- standardised marketing materials,
- communicating results of the reverse auctions, providing an energy price comparison to potential switchers and other administrative functions associated with running the reverse auction; and,
- training and guidance to each Participating Council's staff.
The intention is to initiate the first scheme at the start of the winter period of 2012/13 (in order to maximise the benefit to communities).
The Contract will be entered into by the Council acting as a Central Purchasing Body for and on behalf of the Participating Councils. The Council currently has firm commitment to the scheme from the following councils:
Blackpool Council.
Bolton Council.
Cheshire West and Chester Council.
Hertfordshire County Council.
London Borough of Havering Council.
Luton Borough Council.
Manchester City Council.
Northumberland County Council.
Stockport Council.
Suffolk Coastal District Council.
Trafford Council.
Waveney District Council.
Wiltshire Council.
The Council also intends to offer the contract to the following:

- all local authorities in the UK (as set out in the following link: http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/AToZOfLocalCouncils/DG_A-Z_LG); and,

- all Registered Providers in the UK established under the Housing and Regeneration Act 2008 and registered with the Housing Corporation (or any successor body).
II.1.6)Common procurement vocabulary (CPV)

72000000, 72212517, 72212600, 72212610, 72212732, 72212470, 72253000, 72300000, 72310000, 72311200, 72313000, 72314000, 72316000, 72317000, 72318000, 72319000, 72320000, 72322000, 79342000, 79342410, 79512000, 79996100, 80500000

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: yes
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
See paragraph 2 of the Additional Information set out at Section VI.3 below.
Estimated value excluding VAT:
Range: between 5 000 000,00 and 50 000 000,00 GBP
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 36 (from the award of the contract)
II.3)Duration of the contract or time limit for completion
Duration in months: 60 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
The Council reserves the right to request deposits, guarantees or other forms of security. Further details will be provided in the tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
The main financing conditions and payment arrangements will be set out in the tender documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Requests to participate may be submitted by a single candidate or a grouping of economic operators (consortia). In the event of a successful consortium bid, the Council may specify that the consortium takes a particular legal form and/or require that a single consortium member takes primary liability or that each member contracts on the basis of joint and several liability irrespective of the legal form adopted. Where a subsidiary is used, the ultimate parent company may be required to provide a guarantee in respect of the performance of the contract by the subsidiary.
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: Information and formalities necessary for evaluating if the requirements are met: In accordance with Articles 45 to 50 of Directive 2004/18/EC and Regulations 23 to 25 of the Public Contracts Regulations 2006 (as amended) and as set out in the pre-qualification questionnaire.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: Information and formalities necessary for evaluating if the requirements are met: In accordance with Article 47 of Directive 2004/18/EC and Regulation 24 of the Public Contracts Regulations 2006 (as amended) and as set out in the pre-qualification questionnaire.
Minimum level(s) of standards possibly required: As set out in the pre-qualification questionnaire.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
In accordance with Articles 48 to 50 of Directive 2004/18/EC and Regulation 25 of the Public Contracts Regulations 2006 (as amended) and as set out in the pre-qualification questionnaire.
Minimum level(s) of standards possibly required:
As set out in the pre-qualification questionnaire.
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
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators: 3
Objective criteria for choosing the limited number of candidates: As set out in the pre-qualification questionnaire.
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 in the specifications, in the invitation to tender or to negotiate or in the descriptive document
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
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
28.9.2012 - 12:00
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
English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
VI.3)Additional information
1. This contract opportunity is a public services concession contract. As such, the publication of a contract notice in respect of this opportunity is being undertaken by the Council on a voluntary basis. Moreover, as public services concession contracts are expressly excluded from the scope of the Public Contracts Regulations 2006 (as amended), the Council does not consider itself bound by those Regulations in any way. Any references to the EC Directive 2004/18/EC or the Public Contracts Regulations 2006 (as amended) in the contract notice, Pre-Qualification Questionnaire or any other tender documents should be read with this in mind. While the Council is basing this tender process on the restricted procedure provided for in the Regulations, it does not consider itself bound by the provisions regarding that procedure and reserves the right to depart from the restricted procedure as provided for in the Regulations at any time. In particular, the Council, entirely at its discretion, reserves the right to negotiate with the short listed bidders.
2. The appointed service provider will be remunerated on a per-switcher commission basis. The level of commission is for the appointed service provider to determine with the energy suppliers. Based on the Council’s initial estimates, the contract value is expected to be from 5 000 000 to 50 000 000 GBP over the course of the five year contract. However, this figure is indicative only as it will depend on the deal reached with energy suppliers for each scheme and the number of switchers over the life of the contract. The Council offers no guarantees or assurances of any kind that this range will be achieved and/or maintained. The appointed service provider will share a level of the commission it receives with the Council. The level of commission to be shared with the Council will form the basis of the financial evaluation during the tender stage.
3. The Council may request that the successful bidder carries out additional services under the public services concession contract. As this type of contract is expressly excluded from the scope of the Public Contracts Regulations 2006 (as amended), any such additional services would also be outside of the scope of the Regulations. Even if the Council were bound by the Regulations (which it does not consider it is), it would be entitled to do so in accordance with Regulation 14(1)(d)(i) by using the negotiated procedure without prior publication of a contract notice.

4. Companies wishing to participate in this competitive exercise must first register their interest in this opportunity by email to . Companies will then be instructed to register on the Council's e-sourcing system Supplierforce to complete and submit a Pre-Qualification Questionnaire. The Pre-Qualification Questionnaire will be available on Supplierforce from 14:00 on 20 September 2012.

5. Requests to participate must be made by completion and return of the Pre-Qualification Questionnaire by the date and time specified in section IV.3.4 and in accordance with the instructions set out in the Pre-Qualification Questionnaire. Completed Pre-Qualification Questionnaires submitted after the deadline may not be considered.
6. For consortium bids the information in section III.2 must be supplied by each consortium member but the lead member should aggregate its members' details and submit this as a single application.
7. Candidates are advised that the Council is subject to the Freedom of Information Act 2000 ("the Act"). If a candidate considers that any of the information supplied as part of this procurement procedure should not be disclosed because of its commercial sensitivity, confidentiality or otherwise, they must, when providing this information, clearly identify the specific information they do not wish to be disclosed and clearly specify the reasons for its sensitivity. The Council shall take such statements into consideration in the event that it receives a request pursuant to the Act which relates to the information provided by the interested party. Please note, it is not sufficient to include a statement of confidentiality encompassing all the information provided in the response.

8. HM Government requires that tender documentation issued by government departments for contracts exceeding 10,000 GBP over the life of the contract are published online (http://www.businesslink.gov.uk) for the general public. The resulting contract shall also be published. The Council may use its discretion to redact information to protect key commercial interest or on prescribed grounds. Therefore, potential providers who wish information not to be published if successful should secure agreements with the Council prior to submission.

9. The Council shall not be responsible for any costs, charges or expenses incurred by candidates or tenderers and accepts no liability for any costs, charges or expenses, irrespective of the outcome of the competition, or if the competition is cancelled or postponed.
10. All dates and time periods specified in this notice are only provisional and the Council reserves the right to change these.
11. The Council reserves the right to not award any or part of this contract.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The Council will incorporate a voluntary standstill period at the point information on the contract is communicated to tenderers based on Regulation 32A of the Public Contracts Regulations 2006 (as amended). The Council is doing so of its own preference, in the interests of transparency, and does not consider itself bound by those Regulations in any way.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
14.9.2012