Supply of Natural Gas to Scottish Government

Supply of Natural Gas to Scottish Government

Single operator Framework for the Supply of Natural Gas and Associated Services to the Scottish Public Sector.

United Kingdom-Edinburgh: Natural gas

2018/S 184-415588

Contract notice

Supplies

Legal Basis:

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: Graeme Reid
Telephone: +44 1312447673
E-mail: Procurement_Utilities@gov.scot
NUTS code: UKM

I.2)Information about 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 Natural Gas

Reference number: SP-17-031

II.1.2)Main CPV code

09123000

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 Natural Gas and Associated Services to the Scottish Public Sector. The duration of the framework agreement will be for three years with options to extend for three further twelve 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)

II.2.3)Place of performance

NUTS code: UKM
Main site or place of performance:

Scotland

II.2.4)Description of the procurement:

The framework agreement is for the supply of Natural Gas.

The anticipated total consumption, based on the current Scottish Procurement framework agreement volumes, is 4.3 billion kWh 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 Natural Gas 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 volumes sourced independently into the volumes of natural gas that are required to supply any designated framework users. Framework users will take delivery of natural gas 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 natural gas volumes sourced independently, with a view to incorporating, within the supply portfolio, sources 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 1.4.2019 to 31.3.2022 with options to extend for up to 3 years to 31.3.2025 in single year extensions.

Within these time periods, the Contractor will be expected to provide flexible purchasing trading services for the period 1.4.2019 to 31.3.2020, with the existing provider continuing to supply natural gas under the existing framework during this period.

For the avoidance of doubt the Contractor will not supply natural gas to public bodies and third sector bodies under the Framework Agreement during the period 1.4.2019 to 31.3.2020. The supply of natural gas to sites will commence on 1.4.2020.

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

II.2.5)Award criteria

Criteria below
Quality criterion – Name: Technical / Weighting: 60
Price – Weighting: 40
II.2.6)Estimated value

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Start: 01/04/2019
End: 31/03/2022
This contract is subject to renewal: yes
Description of renewals:

Three, one year contract extension options

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:

ESPD Statement 4C.6: Tenderers will be required to hold a Natural Gas supply licence.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

Minimum level(s) of standards required:

ESPD Statement 4B.1.1: Bidders will be required to have a minimum “general” yearly turnover of 185 000 000 GBP for the last 3 years. The reason for this figure is that the services include a requirement to forward purchase significant volumes of Natural Gas, 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

List and brief description of selection criteria:

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 Natural Gas 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

Notice number in the OJ S: 2018/S 019-038739

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 06/11/2018
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: 06/05/2019

IV.2.7)Conditions for opening of tenders

Date: 06/11/2018
Local time: 13:00
Place:

Public Contracts Tender (PCS-T)

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 10406. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

The Contracting Authority does not intend to include a sub-contract clause as part of community benefits (as per Section 25 of the Procurement Reform (Scotland) Act 2014) in this contract for the following reason:

The supplies in question require licensed providers to deliver.

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:535072)

VI.4)Procedures for review

VI.4.1)Review body

Scottish Government
Victoria Quay, Leith
Edinburgh
EH6 6QQ
United Kingdom
Telephone: +44 1312447673Internet 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:

20/09/2018

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