Energy Management Services Tender

Energy Management Services Tender

To ensure sufficient market interest and therefore effective competition for this opportunity a framework of up to 10 years is proposed.

UK-Walsall: energy management services

2012/S 200-328768

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

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

Walsall Housing Group Limited
100 Hatherton Street
Contact point(s): Procurement Services Team
For the attention of: Procurement Services
WS1 1AB Walsall
Telephone: +44 300556666
Fax: +44 1922426783

Internet address(es):

General address of the contracting authority:

Address of the buyer profile:

I.2)Type of the contracting authority

Body governed by public law
I.3)Main activity

Housing and community amenities
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.1.1)Title attributed to the contract by the contracting authority:

Retrofit Partnership and Delivery.
II.1.2)Type of contract and location of works, place of delivery or of performance

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting authorities
Main site or location of works, place of delivery or of performance: West Midlands and other areas of the UK, depending on the locality of participant contracting authorities.
NUTS code UK

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 a single operator
Duration of the framework agreement

Duration in years: 10
Justification for a framework agreement, the duration of which exceeds four years: The anticipated period which the economic operator responding to this opportunity is likely to require to secure sufficient return on investment that will need to be made will exceed the standard 4 year framework duration. To ensure sufficient market interest and therefore effective competition for this opportunity a framework of up to 10 years is proposed.

II.1.5)Short description of the contract or purchase(s)

Whg is seeking to identify a business and delivery partner (the “Delivery Partner”) to deliver works under an energy saving initiative (the “Initiative”) in conjunction with whg. The Initiative will be based on (1) whg’s planned retrofit works and (2) the UK Government’s Green Deal legislation.
II.1.6)Common procurement vocabulary (CPV)

71314200, 45320000, 09310000, 09331000, 09332000, 09330000, 71314000, 71314300, 39715200, 39717200, 42500000, 42160000, 45321000, 44115220, 45331000, 45421130, 39715000, 42122000, 44111520, 72222300, 09323000, 79342000, 79400000, 72212440, 72232000, 72212445, 72212443, 72322000, 72212480, 72500000, 72510000, 72253000, 72000000, 66000000, 71315300, 71315400, 45400000, 45451000, 45420000, 45430000, 45440000, 50000000, 80500000

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: 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:

Estimated value excluding VAT:
Range: between 40 000 000 and 1 000 000 000 GBP
II.2.2)Information about options

Options: yes
Description of these options: Dependent upon the Initiative’s success, whg may look to extend the Initiative part way through or at the end of its term. This may be by way of formal joint venture with the Delivery Partner.
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Duration in months: 120 (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 Contracting Authority reserves the right to require deposits, guarantees, bonds and/or other forms of appropriate security. Details will be set out in the ITN and contract documents.
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:

In the case of groups of economic operators bidding together, the Contracting Authority reserves the right to require that a lead economic operator assumes primary liability for the group and that each organisation in the group accepts joint and several liability and/or that groupings of economic operators be required to form a single legal entity with which the Contracting Authority may contract.
III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Due to the complexity and value of the contract, to be considered your company must have a minimum annual turnover of at least £50m for the last 3 years.
The successful tenderer will be required to participate in the works related economic, social and environmental regeneration of the locality of and surrounding the place of delivery for the procurement. Accordingly, contract performance conditions may relate in particular to social, economic and environmental considerations.
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: As set out in the pre-qualification questionnaire (PQQ).
III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: As set out in the pre-qualification questionnaire (PQQ).
Due to the complexity and value of the contract, we require a minimum annual turnover for the last 3 years of 50 000 000 GBP.
Minimum level(s) of standards possibly required: As set out in the pre-qualification questionnaire (PQQ).
III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
As set out in the pre-qualification questionnaire (PQQ).
Minimum level(s) of standards possibly required:
As set out in the pre-qualification questionnaire (PQQ).
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
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

Some candidates have already been selected (if appropriate under certain types of negotiated procedures) no
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged number of operators: 5
Objective criteria for choosing the limited number of candidates: As set out in the pre-qualification questionnaire (PQQ).
IV.1.3)Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes
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:

Pro Contract Number – DNWD-8YNK7A
IV.3.2)Previous publication(s) concerning the same contract

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

12.11.2012 – 16:00
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
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

The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information

Variant bids whg reserves the right not to accept Variant bids at any stage in the process.
Due to the complexity and value of the contract, to be considered your company must show a minimum annual turnover of at least 50 000 000 GBP for the last 3 years.
Negotiated procedure – whg are utilising the negotiated procedure because of the nature of the work or works to be carried out, the goods to be purchased or hired or the services to be provided under the contract or the risks attaching to them are such as not to permit prior overall pricing.
The Initiative – whg expects around 40 000 000 GBP of works to be carried out over the next 10 years on planned retrofits of energy efficiency measures on its housing stock (“planned stock retrofits”). In addition, it anticipates significant uptake of Green Deal measures on an individual basis by its tenants and local private individuals or businesses (“individual retrofits”).
Whg sees this as an opportunity to work with a Delivery Partner to set up a form of partnership (the “Partnership”) to offer a complete Green Deal service. The Partnership will be awarded whg’s planned stock retrofits and will market individual retrofit services to whg’s tenants and to private occupiers and businesses locally. The scope of the Initiative will also be extended to other areas of the region, depending on uptake by the other contracting authorities.
Whg is keen to consider different corporate or contractual structures proposed by bidders; one option is that a corporate entity will be formed, of which whg and the Delivery Partner will be members or shareholders. It is envisaged that the Partnership would sub-contract the majority of its functions to whg and the Delivery Partner. A further option is to have a delivery model based purely on contractual structures. The terms, operation and structure of the legal delivery model will be finalised during the negotiations.
Financing – the Delivery Partner will be expected to make significant funds available for the Initiative, including securing ECO (under the Electricity and Gas (Energy Company Obligation) Order 2012) or similar funding. It is anticipated that the Delivery Partner may also offer renewable energy services that qualify for other funding, including Feed in Tariff (FiT), Renewable Heat Incentive (RHI) and other funds, grants, tariffs and/or incentives including European structural funds (such as the European Regional Development Fund) or their alternates or successors.
Measures to be carried out under the Initiative – the role of the Delivery Partner will be within the scope of the negotiation, but will include as a minimum:
— minimising the up front costs to whg and individuals of the retrofit installations,
— providing ECO or other funding to enable the Initiative to move forward,
— marketing of the Initiative,
— carrying out assessments of properties where Green Deal measures may be installed to assess whether the “golden rule” under is met the Green Deal legislation,
— installation of appropriate Green Deal measures,
— providing warranties for works carried out,
— providing ongoing maintenance of installations,
— project management and monitoring throughout the contract period,
— taking such steps as are necessary to manage and monitor repayment of Green Deal sums by individuals, and
— delivering economic benefits through targeted training and recruitment.
Other contracting authorities – whg is undertaking this process on behalf of itself and any current or future subsidiary of whg and the following other contracting authorities (and their statutory successors and organisations created as a result of re-organisation or organisational changes):
Orbit Heart of England.
Festival Housing.
Walsall Council.
Heantun Housing Association.
CaldmoreAccord Housing Association.
Solihull Community Housing – Solihull MBC.
WATMOS Community Homes.
Bromford Living Housing Association (part of Bromford Group).
Accord Group.
Shropshire Housing Group.
Black Country Housing Group Limited.
Tamworth Borough Council.
The Wrekin Housing Trust.
The Wrekin Housing Group.
Family Housing Association.
Midland Heart.
Dudley MBC.
— Any other Councils which are or become part of the West Midlands Councils’ Group – a list of such Councils can be found at, and

— any other registered housing providers which are or become a part of the Sustainability Housing Action Partnership, a list of which can be found at,

— any other not for profit registered housing providers which are in the Midlands or Black Country or the surrounding areas. A list of such providers is maintained under section 111 of the Housing and Regeneration Act 2008 (each a “Contracting Authority” and together the “Contracting Authorities”).
The PQQ process:
Whg reserves the right to cancel the procurement at any stage of the process and not to proceed with the award of any contract;
All expressions of interest must be made electronically and simultaneously when submitting a completed pre-qualification questionnaire.
Pre-qualification requirements: the contract will be tendered on-line using the etendering software of Due North Ltd now known as Pro Contract. Any incomplete profile / PQQ will not be considered and you will fail the pre-qualification stage.
PQQ scoring is based on responses to set criteria. Before responding to this notice, your organisation must register its details and complete a supplier profile, available at https:// or via our web site – entering via the whg web site click on ‘About Us’, ‘Supplier Information’ then ‘Enter our Procurement Portal’. This will then take you to the Housing Procurement Portal.

After receipt of a user ID and Password from Pro Contract you will be able to register an interest in this tender. Once you have registered an interest you will receive and email with further details on how to complete the PQQ document.
When completing your PQQ please also consider the following: The financial assessment will be made via a Credit agency report – this is a pass / fail criteria and will be marked in the area of the financial checks. Any organisation receiving a report highlighting a risk of business failure will then have additional financial checks carried out on them, should the additional checks highlight the same as the credit agency report your company will not progress any further and will not be invited to tender. It is not the responsibility of whg to ensure that the credit agencies have the correct information on your company.
Insurance: whg will require the following levels of insurance: Professional Indemnity 5 000 000 GBP; Employers Liability 10 000 000 GBP; Public Liability 10 000 000 GBP; Product Liability 10 000 000 GBP and Fidelity Guarantee Cover – it is important that you confirm that you are willing to take out this level of insurance cover if successful.

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: Whg will incorporate a minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to tenderers.
The Public Contracts Regulations 2006 (SI 2006 No 5) (as amended) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland). Generally, any such action must be brought within 30 days from the date the aggrieved party knew or ought to have known about the breach. Where a contract has not been entered into, the Court may order the setting aside of the award decision or order the contracting authority to amend any document and may award damages. If the contract has been entered into the Court may only award damages or, where the contract award procedures have not been followed correctly, declare the contract to be “ineffective”.
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:12.10.2012