Public procurement notice: Concession Award Notice
Published: 2017-10-27
Buyer: The Countess of Chester Hospital NHS Foundation Trust
Country: UK
Contract type: Services
Procedure: Concession award without prior concession notice
CPV classification: 71311300 | 71314000: Energy and related services | 71314200: Energy management services | 71314300: Energy-efficiency consultancy services | 79419000
Estimated value: 4000000 GBP
Award criteria: Other

Technical requirements: This is a service concession contract. The Countess of Chester Hospital NHS Foundation Trust awarded a service concession contract to Carbon and Energy Fund Limited, a special purpose vehicle (SPV),in order to provide guidance, advice and expertise in administering transformational change services to the NHS, Local and Central Government specific to low carbon energy efficient infrastructure and the ongoing management and performance of their contractual obligations therein. This includes the supply of resources and expertise to deliver an end to end package of transformational delivery for each client organisation using the service, from point of identification of requirement through to award of a contract and ongoing performance management of their selected provider.
This is a service concession contract. The Countess of Chester Hospital NHS Foundation Trust has awarded a service concession contract to Carbon and Energy Fund Limited, a special purpose vehicle (SPV), in order to provide guidance, advice and expertise in administering transformational change services to the NHS, Local and Central Government specific to low carbon energy efficient infrastructure and the ongoing management and performance of their contractual obligations therein. This will include the supply of resources and expertise to deliver an end to end package of transformational delivery for each client organisation using the service, from point of identification of requirement through to award of a contract and ongoing performance management of their selected provider.
The Carbon and Energy Fund Ltd is a special purpose vehicle (SPV) set up by trustees representing the NHS and other related bodies to provide the full range of carbon and energy project support services (technical, legal, procurement, balance sheet, project management, framework development), that are totally funded in arrears from project costs, through the NCIS system using a small portion of the project funding, so as to impose no burden upon a public sector body wishing to engage with it. The Carbon and Energy Fund Ltd is the only supplier of these services who operate under a concession arrangement, whereby payment for services provided are received from the financier of the project on a commission basis rather than receive payment from the client authority themselves. The partnership arrangement to be awarded to the Carbon and Energy Fund Ltd is properly categorised as a ‘services concession contract’ (as defined in the Concessions Contracts Regulations 2016) because: (i) the consideration to be received by the partner will be the right to exploit the services that are the subject of the contract together with payment (which is received from the financier of the project on a commission basis, not from the client authority); and (ii) an operating risk is with the Carbon and Energy Fund Ltd as they would incur loss if they were unable to generate call-offs from the framework. Services concession contracts are covered by the Concessions Contracts Regulations 2016 and are therefore not covered by the scope of the Public Contracts Directive 2014/24/EU of the European Parliament and of the Council. The Trust has awarded a contract to the partner as a below threshold services concession under the Concessions Contracts Regulations 2016 as the remuneration of the Carbon and Energy Fund will not exceed the Concessions Contracts Regulations threshold of 4 104 394 GBP.
The Carbon and Energy Fund Ltd is a special purpose vehicle (SPV) set up by trustees representing the NHS and other related bodies to provide the full range of carbon and energy project support services (technical, legal, procurement, balance sheet, project management, framework development), that are totally funded in arrears from project costs, through the NCIS system using a small portion of the project funding, so as to impose no burden upon a public sector body wishing to engage with it. The Carbon and Energy Fund Ltd is the only supplier of the services who operate under a concession arrangement, whereby payment for services provided are received from the financier of the project on a commission basis rather than receive payment from the client authority themselves. The partnership arrangement to be awarded to the Carbon and Energy Fund Ltd is properly categorised as a ‘services concession contract’ (as defined in the Concessions Contracts Regulations 2016) because: (i) the consideration to be received by the partner will be the right to exploit the services that are the subject of the contract together with payment (which is received from the financier of the project on a commission basis, not from the client authority); and (ii) an operating risk is with the Carbon and Energy Fund Ltd as they would incur loss if they were unable to generate call-offs from the framework. Services concession contracts are covered by the Concessions Contracts Regulations 2016 and are therefore not covered by the scope of the Public Contracts Directive 2014/24/EU of the European Parliament and of the Council. The Trust intends to award a contract to the partner as a below threshold services concession under the Concessions Contracts Regulations 2016 as the remuneration of the Carbon and Energy Fund will not exceed the Concessions Contracts Regulations threshold of 4 104 394 GBP.


Winner: Carbon and Energy Fund Limited
Award value: 4000000
Number of bids: 1