192_19 Mains Gas

ESPO is looking to create a four year single supplier framework agreement for the provision of mains gas supplies, with ESPO acting as an intermediary to buy gas in the wholesale market on behalf of customers. The successful supplier must able to provide associated services, such as Automated Meter Reading (AMR) and site works.

ESPO will impose on economic operators requirements aimed at protecting the confidential nature of information made available throughout the procurement procedure (as permitted by Regulation 21(3)) and, before receiving that information, economic operators will be required to complete and return a Confidentiality Agreement, which will be available once economic operators have expressed an interest in the tender opportunity.

ESPO proposes to establish a commercial trading company whose target clients will be third sector organisations such as national and local charities, public sector mutual organisations and other organisations involved in the delivery of services to or for the public sector. The successful Supplier will be asked to enter into an additional separate framework agreement (the Second Framework) with that commercial trading company on materially similar terms to that found in the tender pack to be entered into by ESPO itself.

The Second Framework agreement will be a purely commercial agreement and will, for the avoidance of doubt, not be governed by the Public Contract Regulations 2015 or other procurement legislation. Trading Company No 1 will enter into the framework agreement with the successful supplier and make it available to third sector clients who themselves are not required to follow the Public Contracts Regulations 2015 or other procurement legislation. Accordingly, this is provided for bidders' information only.

A second company will be contracted by ESPO to manage and administer the first framework agreement for ESPO in relation to certain contracting authorities. This company will not affect the contractual relationship with the successful bidder save to the extent that the company will be responsible for the marketing and administration of the framework agreement and will also, at the election of ESPO, be able to collect a proportion of the Retrospective Rebate in respect of the work it does. The framework agreement will not otherwise change and customers will call off service contracts directly with the Supplier.

Tenderers must hold a valid supply licence granted by OFGEM in accordance with the Gas Act 1986.