Energy Performance Contracts
Handbook
Sample Document: Invitation to Tender Document
Template
(This is the fourth document in the procurement process – follows the ITPCD)
December 2013
Sustainable Energy Authority of Ireland – National Energy Services Framework
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Important Notice
This Invitation to Tender (the “ITT”) is being made available by the [name of client organisation] (the
“Client”) to Tenderers on the terms set out in this ITT. This ITT is a summary of available information
and no reliance will be placed on any information or statements contained herein, and no
representation or warranty, expressed or implied, is or will be made in relation to such information.
Neither the Client nor its advisers, consultants, contractors, servants and/or agents will have any
liability or responsibility in relation to the accuracy, adequacy or completeness of such information or
any statements made. For the avoidance of doubt, Tenderers should not assume that such information
or statements will remain unchanged. Nothing in this ITT will be construed as legal, financial or tax
advice. In no circumstances will the Client or its advisers, consultants, contractors, servants and/or
agents incur any liability or responsibility arising out of or in respect of the issue of this ITT.
The Client reserves the right to amend this ITT, the procurement process, its requirements and any
information contained herein at any time by notice, in writing, to the Tenderers.
Nothing in this ITT is, nor should be relied upon as representation of fact or a promise as to the Client’s
decision at the end of the procurement process or its ultimate decision in relation to the award of any
agreement(s) or any other future event.
The Client and its advisers, consultants, contractors, servants and/or agents do not accept any
responsibility for the legality, validity, effectiveness, adequacy or enforceability of any documentation
executed, or which may be executed, in relation to this procurement process. No legal relationship or
other obligation will arise between a Tenderer and the Client unless and until an agreement has been
formally executed in writing by the Client and the Tenderer and any conditions precedent to its
effectiveness have been fulfilled. The Tenderer must rely on the terms and conditions contained in any
agreement when, and if, finally executed, subject to such limitations and restrictions which may be
specified in such agreement. Nothing in this ITT may be used in construing any such agreement and
no such agreement will contain any representation or warranty in respect of this ITT.
The Client reserves the right, at its absolute discretion and without notice, to terminate, abandon, alter
or change the basis of this procurement process, or to exclude one or more of the Tenderers from this
procurement process and, in such circumstances, the Client and its respective advisors shall not be
liable to any person(s) as a result thereof.
Future references to this ITT include all information contained in it, and any other information
(whether written, oral or in machine-readable form) or opinions made available during the
procurement process by or on behalf of the Client or its advisers, consultants, contractors, servants
and/or agents in connection with this ITT or the procurement process including, without limitation, the
information made available during the dialogue phase.
The submission of a response to this ITT constitutes such Tenderer’s agreement to, and acceptance of,
the terms set forth in this ITT.
EPC Invitation to Tender
December 2013
Sustainable Energy Authority of Ireland – National Energy Services Framework
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TABLE OF CONTENTS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Introduction ...............................................................................................4
Tender Process ..........................................................................................4
Purpose and Scope of the ITT ....................................................................4
Tender Content and Structure ...................................................................4
Changes since Commencement of Procurement Process .......................... 5
Tender Submission .................................................................................... 7
Tender Validity Period ............................................................................... 7
Presentations ............................................................................................. 7
Tender Evaluation ...................................................................................... 7
Exclusion from the Tender Process ............................................................9
Agreement ............................................................................................... 10
Indicative Timetable ................................................................................ 10
Queries .................................................................................................... 11
Publicity ................................................................................................... 11
Conflict of Interest ................................................................................... 12
Freedom of Information Acts 1997–2003 ................................................. 12
Costs ........................................................................................................ 13
Supplemental Information ....................................................................... 13
Canvassing ............................................................................................... 13
Language ................................................................................................. 14
Law .......................................................................................................... 14
Non-collusion ........................................................................................... 14
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Introduction
1.1.
The Client is ………………. [it is helpful to provide here a description of the client and its
objectives in seeking to receive tenderers in relation to the refurbishment. There will usually be
specific elements that are particular to a client, about which it is helpful to inform the
Tenderers.]
2
Tender Process
2.1.
The Client published a Contract Notice in the Official Journal of the European Union on [insert
date] inviting requests from interested parties to participate in this competitive dialogue
procurement process. On foot of a prequalification evaluation, the Client shortlisted [three]1
Tenderers. The shortlisted Tenderers were subsequently invited into, and have participated in,
a dialogue phase with the Client. The Client has now identified the solutions that it considers
will meet its requirements and has concluded the dialogue phase.
2.2.
Tenderers are now invited to submit tenders. This is the final stage of the competitive dialogue
procurement process and it is governed by this ITT.
2.3.
Tenderers are reminded that if an agreement(s) is awarded to a joint venture, partnership or
consortium, each member of that joint venture, partnership or consortium shall be jointly and
severally liable to the Client for the fulfilment of the terms of the agreement(s).
3
Purpose and Scope of the ITT
3.1.
This ITT:
3.1.1. requests Tenderers to submit Tenders in accordance with this ITT;
3.1.2. outlines the overall timetable and procurement process;
3.1.3. describes how Tenders will be evaluated.
3.2.
To the extent that there is any conflict or inconsistency between the ITPCD and/or the PQQ
and/or the ITT, the ITT shall prevail.
4
Tender Content and Structure
4.1.
Tenderers are required to submit the following information in their Tender:
1
1. Investment Grade Audit
This will be attached as a schedule to the Contract
2. Measurement & Verification Plan of
Energy Savings including Baseline
3 Works Schedule
This will be attached as a schedule to the Contract
This will comprise inter alia a description of the
works being carried out by the ESCO during the
Interim Period under the Contract together with a
programme for those works and both will be
attached as the Works Schedule to the Contract
Client to amend as appropriate – must match that set out in PQQ and ITPCD
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Sustainable Energy Authority of Ireland – National Energy Services Framework
4. Services Proposal2
This will comprise a description of the services to
be provided by the ESCO during the Guarantee
Period under the Contract and shall be attached as
the Services Schedule to the Contract
7. Final Design Documents
This will comprise the ESCO’s designs for the works
being carried out by it during the Interim Period
and will be attached as a schedule to the Contract
7. Client training proposals
8. Financing model
9. Description of the compatibility of the
energy savings measures with the
existing system
10. Resourcing plan and qualifications of
project team
11. Rates of Pay & Conditions of
Employment
12. Non-Collusion
13. Confidentiality Undertaking
This will be attached as a schedule to the Contract
A signed and dated Non-Collusion Certificate in the
form set out in Schedule [4]
A signed and dated Confidentiality Undertaking in
the form set out in Schedule [3]
4.2.
The tender and all supporting documentation should be page-numbered and cross-referenced
to the ITT where appropriate, and be fully indexed.
4.3.
Tenderers are not permitted to make any alteration whatsoever to the Non-Collusion
Certificate, and the Confidentiality Undertaking, other than filling in the required information
and if any or all such documents is/are altered or edited in any way, the subsequent tender may
be deemed non-compliant and may be rejected.
4.4.
Tenders must be completed in ink and all prices must be fully priced in euros (€), totalled and
exclusive of VAT. VAT must be shown separately.
4.5.
It should be noted that Items 1-4 in the table above shall form part of the Agreement with the
successful Tenderer.
5
Changes since Commencement of Procurement Process
2
This will be based on the scope of services sought by the Client which will be set out in the Client Requirements in the ITPCD
– could range from full operational and maintenance being carried out by the ESCO to operation and maintenance
being shared by the parties (or fully retained by the Client).
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5.1.
Where there have been any changes in the information supplied by the Tenderer at the prequalification stage of this process, these should be disclosed in full.
5.2.
Tenderers are reminded of the eligibility requirements that apply to the procurement process
at all times. Any change in the eligibility requirements of a Tenderer must be notified
immediately to the Client in writing, and may result in the Tenderer being disqualified from any
further participation in the procurement.
5.3.
The membership of any Tenderer, and the principal relationships between the members of a
Tenderer, and between such Tenderer and its principal sub-contractors, must remain as
described in that Tenderer’s pre-qualification application, unless changed with the prior
consent of the Client. Where there has been a change in the structure and/or ownership of the
Tenderer (direct or indirect) or a change in the principal relationships between the members of
the Tenderer, or between that Tenderer and its principal sub-contractors, the Client reserves
the right to determine whether or not to continue with the evaluation of that Tenderer’s Tender,
and whether or not to enter into an agreement(s) with that Tenderer.
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Tender Submission
6.1.
Five (5) hard copies and five (5) electronic copies must be submitted.
6.2.
Tenders must be parcelled in sealed packages or boxes clearly identified as "Provision of Energy
Performance Contracting Services STRICTLY CONFIDENTIAL”. There must be nothing to
indicate the identity of the Tenderer, organisation or its associates on the sealed package or
box in which the tender is returned.
6.3.
Tenders must be submitted to the below address by [insert date] or such date as may be
notified by the Client (the “Tender Deadline”). Tenders should be addressed to:
[insert details]
6.4.
Tenders received after the Tender Deadline will be rejected.
7
Tender Validity Period
7.1.
The Tender shall constitute an irrevocable offer valid for acceptance by the Client for a period
of three calendar months from the Tender Deadline or such further period as may be agreed by
the parties.
8
Presentations
8.1.
Tenderers will be required to prepare a presentation to present at a meeting with the Client at
a time to be arranged by the Client during the week of [insert date]
8.2.
The purpose of the presentation will be to give the Tenderer an opportunity to:
8.2.1. present their full proposals;
8.2.2. respond to any questions or clarifications from the Client regarding the tender.
8.3.
The person(s) presenting should be the proposed project team who would work on the project,
if successful.
8.4.
Tenderers should note that no additional material or documents can be given to the Client at
the presentation.
8.5.
[Two]3 hours will be allocated to the presentation, of which one and half hours will be allocated
to the presentation and half an hour allocated to responding to questions posed and
clarifications sought by the Client on the content of the presentation.
9
Tender Evaluation and Award Criteria
9.1.
Tenders should be prepared and submitted in accordance with the requirements contained in
this ITT. All Tenders will be initially reviewed for completeness and for compliance with the
requirements set out in the ITT. If a Tenderer fails to comply in any respect with the
requirements set out in the ITT (including by failure to provide sufficient detail or adequate
explanation), the Client may in its absolute discretion:
9.1.1. reject the relevant Tender as non-compliant;
3
Client to amend as appropriate
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9.1.2. without prejudice to the Client’s right to reject the tender seek clarification from the
Tenderer in respect of the relevant Tender including requesting the Tenderer to provide
the Client with information or items which have not been provided or have been
provided in an incorrect form; and/or
9.1.3. without prejudice to the Client’s right to reject the Tenderer, waive a requirement which,
in the opinion of the Client, is minor, procedural or non-material.
9.2.
Any Tender that is rejected for non-compliance will not be evaluated further.
9.3.
The written Tenders, as presented and clarified in the Presentation, that are deemed to meet
the requirements of this ITT shall be evaluated in accordance with the following Award Criteria:
Technical Criteria
Compatibility of the proposed energy savings measures with the existing
system.
Range of
Percentage
Weightings4
5-10
Quality of equipment proposed, and future availability of spare parts.
Quality of equipment warranties offered.
10-15
Resources proposed for the project including qualifications and experience of
the project team.
10-20
Measurement and verification solutions proposed.
5-10
Quality of training programme prepared for Client staff.
5
Quality and comprehensiveness of services being proposed by ESCO 5
5
Specific approaches that will be used to minimise disturbance during the
implementation of the energy-efficiency improvements.
5%
Quality of automation/monitoring system
Financial Criteria
(a) (i) The cumulative annual energy cost savings in respect of each type
of energy consumed at the premises that the ESCO guarantees to the
Client (which should be minimum of €[x]6 for electricity, €[y] for gas,
€[z] for other(s) etc).
30-60
Electricity: [ ]7kWh/year @ [unit price]8 €/kWh = €[ ]/year
Gas:
[ ]kWh/year @ [unit price]€/kWh = €[ ]/year
Other(s): [ ]kWh/year @ [unit price]€/kWh = €[ ]/year
Total = €[ ]9/year
Indicative for illustrative purposes – Client will determine final weightings.
Consider deleting if Client is retaining full operational and maintenance responsibility (or significant portion)
The Client may choose to specify minimum levels of energy savings it requires – if not, the text in brackets can be deleted.
7 These figures are submitted by the ESCO for each energy type in its bid.
8
These figures are set by the Client for each energy type.
9
When calculated, this is the figure upon which the ESCO is assessed for the guarantee.
4
5
6
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Sustainable Energy Authority of Ireland – National Energy Services Framework
(ii) The shared savings threshold of cumulative annual energy cost
savings in respect of each type of energy consumed at the premises
above which the ESCO will retain [50%]10 of such energy cost savings.
10-20
Electricity: [ ]kWh/year @ [unit price] €/kWh = €[ ]/year
Gas:
[ ]kWh/year @ [unit price]€/kWh = €[ ]/year
Other(s): [ ]kWh/year @ [unit price]€/kWh = €[ ]/year
Total = €[ ]11/year
(b) Residual/post contract value of energy savings.
5
(c) Robustness of financing models. - Access to and ability to raise
finances for implementation of the project.
10-20
(d) Hourly rates for Tenderer’s management and technical team:12
5
[Role/title]: [
[Role/title]: [
[Role/title]: [
……
[Role/title]: [
]€/hr @ [ ]hours = €[ ]
]€/hr @ [ ]hours = €[ ]
]€/hr @ [ ]hours = €[ ]
]€/hr @ [ ]hours = €[ ]
Total: €[ ]
10
Exclusion from the Tender Process
10.1. A Tender may be excluded if, at the time of the award decision, the Tenderer:
10
The Client will stipulate the percentage figure here
When calculated, this is the figure upon which the ESCO is assessed for the shared savings threshold.
12
If the ESCO is required to perform any additional works/services for any reason, its hourly rates for each relevant level of
staff should be set out here.
11
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10.1.1.
is subject to a bankruptcy or insolvency procedure or process of a kind specified in
Regulation 53, paragraph (5) of the European Communities (Award of Public
Authorities’ Contracts) Regulations 2006; or
10.1.2.
has been found guilty of professional misconduct by a competent authority that is
authorised by law to hear and determine allegations of professional misconduct
against persons that include the Tenderer; or
10.1.3.
has committed grave professional misconduct provable by means that the Client can
demonstrate; or
10.1.4.
has not fulfilled an obligation to pay a social security contribution as required by a law
of Ireland or the country or territory where the Tenderer ordinarily resides or carries
on business; or
10.1.5.
has not fulfilled an obligation to pay a tax or levy imposed by or under a law of Ireland
or the country or territory where the Tenderer ordinarily resides or carries on
business;
10.1.6.
has been convicted of fraud, money laundering, corruption or of being a member of
a criminal organisation; or
10.1.7.
has provided a statement or information to the Client or another contracting
authority knowing it to be false or misleading, or has failed to provide to the Client
or another such authority a statement or information that is reasonably required by
the Client or other authority for the purpose of awarding the public contract
concerned.
Agreement
11.1. Tenderers are advised to carefully review the draft Agreement scheduled. Tenders submitted
must be compliant with the terms of the draft Agreement. Tenderers should note that, as the
dialogue phase of this procurement process has now concluded, the Client will not negotiate
any material amendments to the terms of the draft Agreement.
11.2. Before the Agreement is awarded, the successful Tenderer will be required to produce a Tax
Clearance Certificate, or, in the case of a non-resident Tenderer, a statement from the Revenue
Commissioners confirming suitability on tax grounds.
11.3. Save as provided in the Confidentiality Undertaking, no legal relationship or other obligation
will arise between a Tenderer and the Client unless and until an Agreement has been formally
executed in writing by the Client and the successful Tenderer and any conditions precedent
have been fulfilled.
11.4. The Client reserves the right not to award the Agreement.
11.5. No enforceable commitment of any kind, contractual or otherwise, shall exist unless and until a
formal written contract has been entered into by or on behalf of the Client.
12
Indicative Timetable
12.1. The indicative timetable for the remainder of the procurement process is set out below. The
Client reserves the right to amend the timetable at its absolute discretion.
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Indicative Timetable for the procurement process:
Task
Date13
Tender Deadline
No later than
Presentation Material Deadline
No later than
Presentation
During the week of
Tender Evaluation
4 weeks
Award Decision
Commencement of Agreement
13
Minimum of 14 days after letters of
notification of award decision have
been sent to Tenderers by email/fax
Queries
13.1. During the tender phase Tenderers may submit queries to the Client by emailing [name to be
inserted]. All queries will clearly state that they relate to this tender process. No approach of
any kind in connection with this ITT should be made to any other person within, or associated
with the Client and any attempt to do so may, at the Client’s absolute discretion, result in the
elimination of the Tenderer from further participation in this process. The Client will endeavour
to respond to reasonable queries but does not undertake to respond to all queries received. The
Client does not propose to respond to queries seeking interpretation of this ITT.
13.2. If a Tenderer believes a query and/or its response is confidential or commercially sensitive it
must mark the query as “confidential” or “commercially sensitive”. If the Client, at its absolute
discretion, is satisfied that the queries and/or its responses should be properly regarded as
confidential or commercially sensitive, the nature of the queries and their responses will be kept
confidential (subject to the Client’s obligations under law).
13.3. If the Client is of the opinion that it would be inappropriate to answer the query on a confidential
basis, it will notify the Tenderer accordingly and require the Tenderer to either withdraw the
query or to raise any objection within 3 (three) working days of such notification and to state
the grounds for its objection.
13.4. If the Tenderer does not withdraw the query or raise any objection within the specified period,
or the Client is of the opinion that, notwithstanding the objection of the Tenderer, the query is
not confidential or commercially sensitive, the Client may issue the query and its response to all
Tenderers.
14
Publicity
14.1. Tenderers must note that publicity (by or from Tenderers) in relation to this procurement
process will not be permitted by the Client unless and until the Client has given express consent
13
Dates and timelines to be determined by Client
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in writing to the relevant communication. In particular, no statements shall be made to the
press or any similar organisations regarding the dialogue phase, or any information obtained
pursuant thereto, or regarding the subsequent stages of the procurement process, in any case
without the prior written consent of the Client.
14.2. Save as provided for in Section 16 of this ITT, the Client reserves the right to publicise or
otherwise disclose to any third party information regarding the tender process, the selection of
Tenderers (including details of their respective members, representatives, advisers,
consultants, contractors, servants and/or agents), or the selection of the successful Tenderer(s),
the status of the procurement process or the award of any agreement(s) at any time.
15
Conflict of Interest
15.1. Any actual or potential conflict of interest involving a Tenderer must be fully disclosed to the
Client as soon as it becomes apparent. In the event of any conflict or potential conflict of
interest, the Client will, in its absolute discretion, decide on the appropriate course of action
that may include eliminating a Tenderer from the competition or terminating any contract
entered into with a successful Tenderer.
15.2. Any registrable interest involving the Tenderer and the Client or their relatives must be fully
disclosed, or must be communicated to the Client immediately upon such information
becoming known to the Tenderer, in the event of this information only coming to the Tenderer’s
notice after the submission of a Tender and prior to the award of any agreement(s) and the
Client will, in its absolute discretion, decide on the appropriate course of action which may in
appropriate circumstances include eliminating a Tenderer from the competition or terminating
any contract entered into with a successful Tenderer. The terms “registrable interest” and
“relative” shall have the meaning prescribed by the Ethics in Public Office Act 1995.
16
Freedom of Information Acts 1997–2003
16.1. The Client undertakes to use its best endeavours to hold confidential any information provided
by Tenderers as part of this procedure, subject to its obligations under law, including, in
particular, the Freedom of Information Acts, 1997–2003. The Client reserves the right to discuss
aspects of the Tenderer’s proposals with its advisors and any relevant authorities where the
Client considers such discussion necessary or appropriate.
16.2. Should any Tenderer wish that any information supplied by that Tenderer as part of this process
not be disclosed because it is commercially sensitive, confidential or otherwise exempt, the
Tenderer must, when providing this information, clearly identify the specific information it does
not wish to be disclosed and clearly specify the reasons for its exemption.
16.3. The Client accepts no liability whatsoever in respect of any information provided which is
subsequently released or in respect of any consequential damage suffered as a result of such
obligations.
16.4. Tenderers must note that it is not sufficient to include a statement of confidentiality
encompassing all the information provided in the ITT.
16.5. The Client will use its best endeavours to consult with the Tenderer about sensitive information
before making a decision on any freedom of information request received.
16.6. Tenderers should note that, on conclusion of any contract, this will be open to public
examination to the extent required by the Freedom of Information Acts, 1997–2003.
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13
Costs
17.1. Each Tenderer shall be liable for all of its own costs and expenses arising out of or in connection
with this procurement process. The Client has no obligation whatsoever to reimburse any
Tenderer any costs or expenses incurred or any liability incurred or any losses whatsoever in
connection with or as a result of the participation of the Tenderer in this procurement process,
and whether or not the procurement process results in the award of a contract(s) and whether
or not the Client elects to terminate the whole or part of the procurement process.
18
Supplemental Information
18.1. The Client reserves the right to update, delete, vary, extend or alter this ITT and the information
and documents contained herein at any time by notice in writing to Tenderers.
18.2. Any advice of a modification to the ITT shall be issued at least five (5) days before the deadline
for receipt of tenders and shall be issued as an addendum to, and shall be deemed to constitute
part of the ITT. If necessary, the Client shall revise the Tender Deadline in order to comply with
this requirement.
19
Canvassing
19.1. Canvassing or any effort by a Tenderer to influence any staff or agents of the Client in relation
to any aspect of the tender process may result in automatic disqualification from the tender
process. Where a Tenderer has an existing relationship with the Client or its employees, the
Tenderer is advised that any discussions, correspondence, or other influences on the tender
process may be treated as canvassing.
19.2. In accordance with Section 38 of the Ethics in Public Office Act 1995, any money, gift or other
consideration from a person holding or seeking to obtain a contract will be deemed to have
been paid or given corruptly unless the contrary is proved.
19.3. Any Tenderer who, in connection with the tender:
19.3.1. offers any inducement, fee or reward to any member, officer or employee of the
Client or any person acting as an adviser for the Client in connection with the tender;
or
19.3.2. does anything which would constitute a breach of the Prevention of Corruption Acts,
1889 to 2001; or
19.3.3. canvasses any of the persons referred to in paragraph (a) in connection with the
tender; or
19.3.4. contacts any officer or employee of the prior to the agreement being awarded about
any aspect of the tender in a manner not permitted by the ITT;
19.3.5. may be disqualified (without prejudice to any other civil remedies available to the
Client and without prejudice to any criminal liability which such conduct by a
Tenderer may attract).
19.4. Where a Tenderer has an existing relationship with the Client or its employees, the Tenderer is
advised that any discussions, correspondence, or their influences on the tender process may be
treated as canvassing and dealt with accordingly.
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Language
20.1. All correspondence or documentation submitted in response to or in relation to this ITT shall be
in the English or Irish language. In circumstances where an original document which is to form
part of the response or correspondence with the Client is not in the English or Irish language,
the Tenderers must provide an English translation certified as accurate by the translator,
together with a copy of the original document.
21
Law
21.1. Irish law is applicable to this tender process. The Irish courts will have exclusive jurisdiction in
relation to any dispute(s) arising from this procurement process.
22
Non-collusion
22.1. Any Tenderer who in connection with the tender process:
22.1.1. fixes or adjusts the amount or the terms of his Tender by or in accordance with any
contract or arrangement with any other Tenderer (other than a member of its own
consortium); or
22.1.2. enters into any contract or arrangement with any other Tenderer that it shall refrain
from Tendering or as to the amount or terms of any Tender to be submitted; or
22.1.3. causes or induces any person to enter into such contract or arrangement as is
mentioned in either sub-paragraph (a) or (b) above or informs any Tenderer of the
amount or approximate amount or terms of any rival Tender for the Agreement; or
22.1.4. canvasses any of the other Tenderers in connection with the tender; or
22.1.5. offers or agrees to pay or give or does pay or give any sum of money, inducement or
valuable consideration directly or indirectly to any person for any information in
connection with any rival tender; or
22.1.6. communicates to any person other than the Client the amount or approximate amount
or terms of its proposed Tender (except where such disclosure is made in confidence
and is necessary for the preparation of the tender)
22.1.7. shall be disqualified (without prejudice to any other civil remedies available to the
Client and without prejudice to any criminal liability which such conduct may attract).
Note: Tenderers are required to return the Non-Collusion Certificate set out in Schedule 3 of this
ITT with their Tender.
22.2. Tenderers’ particular attention is drawn to the provision of the Competition Act 2002. This Act
makes it a criminal offence for Tenderers to collude on prices or terms in a public tendering
procedure.
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Schedule 1
Client Requirements
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Schedule 2
Draft Contract
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Schedule 3
Non-Collusion Certificate
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Schedule 4
Confidentiality Undertaking
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