Biomass Wood Fuel Pellet Supply Framework Biomass Wood Fuel Pellet Supply Framework Buyers’ Guide Version 1.2 – 4 November 2014 1 of 15 Contents Section 1 2 3 4 5 6 7 8 Annex A Annex B Description Page Foreword and acknowledgements Introduction Framework overview Framework title Framework period Call-off contract period Number of Lots Options to purchase under the framework Framework service providers Entitlement to use the framework Voluntary standstill period for call-off contracts Framework benefits Scottish Procurement point of contact Call-off contract Direct award Mini-competitions Price Hints and Tips Frequently Asked Questions Additional recommended reading Order form 1 – Direct Buy (emergency orders) Order form 2 – Mini Competition 3 3 3 3 3 3 3 3/4 4 5 5 6 6 7 7 8/9 9 9 10/11 11 12/13 14/15 2 of 15 1. Foreword and acknowledgements Scottish Procurement aims to deliver benefits to the people of Scotland through improved value for money for taxpayers, improved goods and services for all our citizens and economic opportunities for Scotland. This is achievable through effective collaboration throughout the procurement cycle. Scottish Procurement would like to acknowledge the work, support and contribution from all sector representatives. 2. Introduction This document has been developed to provide a simple guide for public bodies who are considering or intending purchasing Biomass Pellets using the Biomass Wood Fuel Pellet Supply Framework. Although this framework includes a direct-buy option for emergency orders, best value will only be achieved through this framework by running a mini-competition and committing to regular deliveries over a fixed time period. This document should also be read in conjunction with the mini-competition award procedure (Framework agreement Schedule 4) which provides guidance on the process to be followed when using the framework agreement to establish a call-off contract. 3. Framework overview Framework title Biomass Wood Fuel Pellet Supply Framework Reference Number SP13-01 Framework period The framework is for an initial three year period from 1 September 2013 to 31 August 2016 with options to extend for a further 12 month period. Call-off contract period Call-off contracts under the framework are not limited to the framework period. Typically a call-off contract can be anything up to five years. The call-off contact period will be determined at mini-competition. Number of Lots There is only one lot under the framework. Options to purchase under the framework There are two ways to purchase pellets under the framework, either by direct award of mini-competition. 3 of 15 Framework service providers This is a multi-supplier framework with four framework service providers: Rank Framework service provider 1 2 3 4 HWEnergy Ltd – Scottish Small and Medium-sized Enterprise (SME) Puffin Pellets Ltd – Scottish SME William Y Watson t/a Angus Biofuels – Scottish SME Balcas Timber Ltd – Northern Irish Full contact information is detailed below: William Y Watson t/a Angus Biofuels Bill Watson Tel: 01307 466699 or Mobile: 07976 820664 Fax: 01307 462278 Unit 1 Eco Park Carseview Road Forfar DD8 3BS Puffin Pellets Ltd Julie McWilliam Tel: 01464 820011 North Road Industrial Estate North Road Insch AB52 6XP Puffin Pellets website HWEnergy Ltd Bruno Berardelli Tel: 01397 706412 Lochaber Rural Complex Torlundy Fort William PH33 6SQ HWEnergy website Balcas Timber Ltd Neil Holland Tel: +44 (0) 78 9015 8025 Fax: 44 (0) 28 6632 4082 Laragh Enniskillen Co. Fermanagh Northern Ireland BT94 2FQ Balcas (Brites) website 4 of 15 Entitlement to use the framework It is the responsibility of any buying organisation wishing to use the framework agreement to satisfy itself that it is eligible to do so. Entitlement can be established from the terms of the OJEU advert (OJEU reference number: 2013/S 069114689).Sections I.4, II.1.5 & VI.3 of the advert refer;) and guidance on this can be found in Annex A of Scottish Government Guidance on Framework Agreements. If there is any doubt, legal advice should be sought. Voluntary standstill period for Call-off contracts Scottish Procurement Policy Notice (SPPN) 3/2010 dated 24 February 2010 referred to guidance on changes to standstill period. Whist standstill periods are not required for Call-off contracts public bodies should consider the implications if they do not. Below is an abstract from SPPN 3/2010: “Voluntary standstill - above threshold Call-off contracts 6.25 As stated above, public bodies do not have to follow the standstill rules when awarding a call-off contract under a framework agreement or dynamic purchasing system. 6.26 However, they may choose to follow the standstill rules on a voluntary basis when awarding a call-off contract under a framework agreement or dynamic purchasing system by notifying all parties to the framework agreement or dynamic purchasing system of the contract award decision. 6.27 If the award of an above threshold call-off contract is challenged in court on the basis that the public body has breached the rules governing the award of contracts under a framework agreement by mini-competition or the rules governing the award of contracts under a dynamic purchasing system, the court may render the call-off contract ineffective 5. However, if a public body has followed the standstill rules on a voluntary basis (i.e. by informing tenderers in writing of its decision in relation to the award of the contract and providing a summary of the reasons why the tenderer was unsuccessful), the court cannot declare the call-off contract ineffective and the only remedy available to the challenger will be damages. Public bodies can therefore protect themselves from an ineffectiveness order in these circumstances by following the standstill rules on a voluntary basis” To see this and the latest SPPNs click here 5 of 15 Framework benefits The benefits for public bodies using the framework is that this will: Public sector - commercial Reduced costs to the public sector Public sector – environmental Sustainability Support delivery of Scottish Government policy for a low carbon Scotland Economic Creating demand for a fledgling market Supply chain integration Bringing together public sector requirements to generate a viable market Support rural SMEs and rural economies Scottish Procurement point of contact: Ann Hoyland Senior Portfolio Specialist | Scottish Procurement The Scottish Government, Europa Building, 450 Argyle St, Glasgow, G2 8LG Tel: (0141-24) 25896 6 of 15 4. Call-off contract There are two options available – Direct Buy & Mini Competition. Order form 1 (see Annex A for copy) – Direct Buy (Emergency orders) The order of preference is as follows: Using the pricing schedule, the framework service provider will be ranked according to total price, with the framework service provider offering the lowest price being ranked number 1, the next service provider with the next lowest price being ranked second, and so on. This ranked list shall be the order of preference. Delivery distances shall be the distance between the framework public body’s delivery site and the framework service providers’ depot from which deliveries will be made. Delivery distances may be calculated by the framework public body by any reasonable means. The framework public body shall complete Part A of the order form and send it by notice sent by fax or electronic mail to the framework service provider listed as number 1 of the order of preference. If, for reasons of urgency, it is not possible to send a notice, the framework public body may by telephone give to that framework service provider the information necessary to complete Part A of the order form. The framework service provider receiving the order form shall inform the framework public body as soon as possible if they are unable to supply the services set out in the order form. The framework service provider receiving the order form shall, if they are able to supply the services set out in the order form, complete Part B of the order form and sent it by notice sent by fax or electronic mail to the framework public body. In the case of orders made by telephone, the framework service provider shall, if they are able to supply the goods set out in the order form, by telephone give to the framework public body the information necessary to complete Part B of the order form. If: (a) the framework service provider receiving the order form informs the framework public body that they are unable to supply the goods set out in the order form; or (b) the framework public body does not receive the information necessary to complete Part B of the order form within 3 working hours the framework public body may repeat the above ordering procedures with the service provider listed next down the order of preference. Where a call-off contract is entered into by telephone for reasons of urgency, the framework public body shall as soon as practicable complete Part A of the order form and send it by Notice to the Service Provider. The service provider shall as soon as practicable complete Part B of the order form and send it by notice to the framework Public Body. The direct buy option shall be subject to the framework terms and conditions. Order form 2 (see Annex B for copy) – Mini Competition 7 of 15 The following rules apply where framework public body’s wishes to hold a competition between the framework service providers. All call-off contracts awarded by a framework public body to a framework service provider under the terms of this framework. Call-off contracts awarded by minicompetition must be for multiple deliveries. Framework public body’s should note that a short contract for the delivery of wood-fuel may not justify the costs of competing for the framework service providers. Service providers should be given a minimum of two weeks to respond to requests for quotations based on the complexity of the requirement and, on request, must be given access to delivery points in order to assess access restrictions. The percentage weightings for the evaluation criteria at the mini-competition stage are set by the framework public body. Failure to meet the required wood-fuel specification shall result in automatic exclusion from the mini-competition. Evaluation criteria shall be the following: Technical and quality (W per cent)* - Ability to meet required delivery times X per cent** - Ability to meet required delivery mechanism (e.g. blown delivery) Y per cent** Price (Z per cent)* - Total cost for delivered fuel during the lifetime of the call-off contract Z per cent *The sum total of W plus Z must equal 100 **The sum total of X plus Y must equal W The client shall complete Part A of the order form and send it, along with other relevant information by notice to all service providers. The framework public body shall ensure that the date and time for the receipt of responses from the framework service providers takes into account factors such as the complexity of the subject matter of the call-off contract and the time needed to send in responses. Each framework service provider that wishes to supply the services shall complete Part B of the order form and send it by notice to the framework public body on or before the last date for the receipt of responses. On or after the last date for the receipt of responses, the framework public body shall evaluate all responses submitted by the framework service providers and, by application of the award criteria and the weightings specified in the order form, select a single service provider to supply the goods. Subject to the framework public body notifying the successful service provider that their response has been accepted, the service contract shall be formed on the commencement date set out in the order form. The framework public body shall give notice of the name of the successful service provider to all other service providers in respect of whom a response was received. 8 of 15 The framework public body shall at all times treat service providers equally and without discrimination and act in a transparent and proportionate manner. The call-off contracts shall be subject to the framework terms and conditions. 5. Price The framework provides for a price per tonne, price per delivery unload, price per delivery mileage and sundry charges. These are upper rates applicable to direct-buy (emergency) purchases. Suppliers may reduce these rates in mini-competitions but may not increase them. During subsequent years, the price may be varied subject to suitable indexation. This guide will be updated annually to reflect any changes to the framework prices. Prices can be obtained by accessing the following link on SharePoint. 6. Hints and Tips The framework service providers will require certain information to enable them to price for your requirement. Listed below are a few hints and tips on what you should consider providing: o Call the framework service providers in advance of issuing a minicompetition so they will know to look out for your email or notification by your chosen method. o When issuing a mini-competition ensure that you reference that this is in accordance with the Biomass Wood Fuel Pellet Supply Framework Reference Number SP13-01. o If you have a new large requirement, give plenty of notice to the framework service providers so that they have adequate time to source the supply. o If possible, provide site maps with details of areas of restricted access for lorries. o If possible provide previous load profiles of pellets deliveries. In the case of new installs, provide oil or gas used per month. If there are load sensors or remote access to meters for usage data, provide these. o Provide details of the individual boilers onsite and the silo size’s supplying them. o If a site visit is required, please allow a couple of weeks to schedule this, particularly as things get busier in the Autumn and Winter. 9 of 15 7. Frequently Asked Questions 1. What is the framework agreement start date and what is the duration? The framework commenced on the 1 September 2013. The duration of the framework is three years, with the option to extend for a further 12 months. Call-off contracts can be longer. 2. Which Scottish public sectors bodies can use the framework? o o o o o o o o Central government Fire Health Local authorities Police Universities and colleges Third Sector Other public bodies It is the responsibility of any buying organisation wishing to use the framework agreement to satisfy itself that it is eligible to do so. Entitlement can be established from the terms of the OJEU advert (OJEU reference number: 2013/S 069-114689). Sections I.4, II.1.5 and VI.3 of the advert refer; copy embedded below) and guidance on this can be found in Annex A of Scottish Government Guidance on Framework Agreements. If there is any doubt, legal advice should be sought. 3. Are the framework terms and conditions subject to Scots Law? Yes. 4. What are the contract management provisions? The framework will be managed overall by Scottish Procurement, who will be responsible for regular framework service provider review meetings covering escalated issues, KPIs, benchmarking and innovation. Throughout the framework period and following framework expiry, public bodies will be required to manage the day-to-day operational aspects of their contract with the framework service provider. 5. Will management information be provided by the framework service providers as part of the framework? Yes, management information will be provided by the framework service provider throughout the lifetime of the agreement. Management information will be provided to both the public body and Scottish Procurement on a quarterly basis or as specified. 10 of 15 6. How long can the call-off contract be? Call-off contracts under the framework are not limited to the framework period. Typically a call-off contract can be up to 5 years. The call-off contact period will be determined at mini-competition. 7. How long is pricing held for? Framework pricing is fixed through the initial 1 year duration. Pricing will be reviewed 12 months from the commencement date. 8. Do I need to run a mini competition or can I do a direct award? Public bodies can do a direct award or run a mini competition. 9. Do I need to issue a mini competition to all the framework service providers? Yes. 8. Additional recommended reading Scottish Government : “Public Sector Procurement in Scotland” – website for information on public procurement in Scotland including, information for buyers and policy and legislation. 11 of 15 Annex A Order form Order form 1 – Direct buying Scottish Procurement – framework agreement for biomass wood fuel NOTE: Wood-pellets other than those set out in the pricing schedule MUST be ordered using order form 2 for mini competitions. Framework public bodies and service providers may agree to simplify this order form Part A Framework agreement Reference Number Framework public body Service provider Framework agreement for biomass wood fuel SP13-01 Framework public body contact name and address for notices Name: Address: Tel: Fax: Email: Invoice Address (if different) Order number To be quoted on all correspondence relating to this order form: Order date Requirements Commencement date: Quantity of Wood Pellets required (as defined in the Wood Pellet Specification), together with delivery method (Blown, FIBC or 66 x 15kg bags on a pallet): Delivery date(s) and time(s) and any particular delivery requirements: Premises for delivery – include details of hopper / delivery mechanisms: Completion date: Security requirements (if the delivery driver will be accessing sensitive sites like primary schools or sheltered housing, state any security requirements here): Invoicing requirements: 12 of 15 For and on behalf of the client: Name and title Signature Date Part B Service providers contact and address for notices Name: Address: Tel: Fax: Email: Service provider’s response For and on behalf of the service provider: Name and title Signature Date 13 of 15 Annex B Order form 2 – Mini competitions Scottish Procurement – framework agreement for biomass wood fuel The framework public body may amend this form. Part A Framework agreement for biomass wood fuel SP13-01 Framework public body Framework public body contact name and address for notices Name: Address: Tel: Fax: Email: Invoice address (if different) Single point of contact Order number To be quoted on all correspondence relating to this Order form: Mini-competition release date Last date and time for receipt of responses Requirements Commencement date: Requirement for goods and/or services: [Buyers should provide as much detail here as they can. For example, include details of pellet hopper (if you have one), access to delivery site, demand profile over a 1 year period, any restrictions to delivery times (e.g. not at a school when children are present etc.)[ Premises for delivery: [buyers should list all relevant sites] Commencement date: Potential for pre-award site survey: [service providers will probably require site access – explain how this can be arranged] Key Performance Indicators: [buyer to define this may be as simple as 95% on-time delivery] Value-add propositions (e.g. Ash removal, remote hopper content sensing, discounts for early payment etc) 14 of 15 Other relevant information Completion date: Award criteria weightings: [see schedule 4 of the entire agreement for the framework agreement for wood pellets] Whether an electronic auction will be used and, if so, the information required by regulation 21 of the Public Contracts (Scotland) Regulations 2012: Invoicing frequency: For and on behalf of the framework public body: Name and title Signature Date Part B Service Provider Service providers contact name and address for notices Name: Address: Tel: Fax: Email: Contractor’s response Goods and/or services offered: [service provider to detail all relevant elements of their offer (e.g. delivery frequency, volumes, dates and times and anything else requested by the framework public body] Price: Sub-contractors: For and on behalf of the service provider: Name and title Signature Date 15 of 15