Page 0 of 28 FRAMEWORK DOCUMENT TO SUPPLY ELECTRICITY AND NATURAL GAS OJEU NOTICE The National Association of School Business Management
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Page 0 of 28
FRAMEWORK DOCUMENT
TO SUPPLY ELECTRICITY AND
NATURAL GAS
OJEU NOTICE The National
Association of School
Business Management
Page 1 of 28
Table of ContentsTable of ContentsTable of ContentsTable of Contents
This Framework in a Nutshell ....................................................................................................... 2
Scoring & Simple Procedure for Acceptance onto the Framework ................................................. 3
Overall Instruction to Tenderers and Terms of Offer ..................................................................... 3
Section1 Instruction to Tenderers ...................................................................................................... 3
Terms of Framework Agreement .................................................................................................. 4
Section 2 Information and confidentiality .......................................................................................... 4
Pre-Qualification Questionnaire ................................................................................................... 6
Section 3 Notes for completion .......................................................................................................... 6
Supplier Information ........................................................................................................................... 7
Section 4 Grounds for Mandatory Exclusion ...................................................................................... 8
Section 5 Grounds for Discretionary Exclusion ................................................................................. 11
Industry Qualification ................................................................................................................ 13
Section 6 Additional Modules ........................................................................................................... 13
Structure of the Framework ....................................................................................................... 14
Section 7 List of requirements that Zenergi would like to incorporate ............................................ 14
How the NASBM Framework Agreement Will Operate ................................................................ 18
Section 9 understanding How Zenergi Does Business ...................................................................... 18
Declaration and Acceptance ....................................................................................................... 27
Section 8 PQQ signature page........................................................................................................... 27
Appendices ................................................................................................................................ 28
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This Framework in a Nutshell
Zenergi Ltd have been awarded the energy procurement and contract management agreement, to
run a framework for the National Association of School Business Management (NASBM) through an
OJEU compliant procurement process.
The purpose of Zenergi asking you, the energy Supplier to tender and be accepted onto this
Framework, is so we can define a list of UK licensed Electricity and Gas Suppliers whom we can further
tender prospective electricity and gas supply contracts, via mini competitions, all Educational and
certain Public Sector organisations within the United Kingdom. NASBM have access to all 24,000
educational establishments in the UK, so the expected volume, over time, could be in excess of
48TWh.
This procurement is being run under the open procedure, therefore both the pre-qualification
questions (PQQ) in the first section and tender specific questions in the second section must all be
completed before submission.
Regulation 107 of the PCR 2015 requires a contracting authority to have regard to guidance issued
around qualitative selection. The Cabinet Office has now issued guidance under this section which
contains standardised core PQQ questions, together with a bank of additional, more industry related,
questions.
Hence, we define further in this document what is required, but our aim is to make this Framework
unique in the energy industry as a way to achieve the absolute best value for money by tendering to
all energy suppliers, who fulfil the criteria, so we can achieve best value for money each and every
time. To benefit from procurement efficiencies, market movements with the freedom and autonomy
which provides choice and information in a market that is currently void of such opportunities from
other organisations.
Whilst NASBM obviously need to adhere to the Public Contracts Regulations 2015, it is our aim to
make this Framework as easy as possible to participate in, to achieve best value for its clients, whilst
adhering to The Public Contract Regulations 2015 definition of a framework agreement being: “an
agreement between one or more contracting authorities and one or more economic operators, the
purpose of which is to establish the terms governing contracts to be awarded during a given period,
in particular with regard to price and, where appropriate, the quantity envisaged.”
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Scoring and Simple Procedure for Acceptance onto
the Framework
In conjunction with Zenergi, The National Association of School Business Management (NASBM) have
constructed this Framework Agreement to provide your company a good opportunity to secure
reliable and effective public sector business on a regular basis. Zenergi aims to give specific and regular
feedback for each and every mini-competition with regular strategic supplier reviews.
We expect and do currently deliver, professional account management and customer support giving
you and your organisation the confidence that you will be dealing with a company that prides itself on
excellent performance with a consistent approach to energy procurement, invoice validation and
contract management.
With the contracts your company may win, Zenergi will assist the supplier to achieve excellent cash-
flow, control debt management and overall, the opportunity to differentiate itself in the educational
energy markets.
To that end, please complete all of the sections in below, to provide your company’s response to this
Framework request. Each question therein is scored as shown, with a total score of 100 achievable.
After this section, further information can be found on how Zenergi will operate this Framework; its
business ethics and the Mini-Competitions contained herein.
Overall Instruction to Tenderers and Terms of Offer
Section 1 - Instruction to Tenderers
1. Completion and Submission of Tender Documents
1.1. All tenders must be completed in English and, where applicable, signed manually or
electronically.
1.2. All tenders must be submitted in accordance with the documentation and requirements
provided herein. This must not be amended in any way.
1.3. Tenders may be rejected if the required information is not given at the time of tendering.
1.4. As we are not asking for energy prices, only inclusion onto the Framework to issues quotations,
it is preferred that suppliers submit 1 electronic copy of their return. Therefore, completed
tender documents can either be submitted in a plain sealed envelope and returned to Zenergi
Ltd, No. 3 Benham Road, Benham Campus, University of Southampton Science Park, Chilworth,
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SO16 7QJ or sent electronically to [email protected]. The return must include the OJEU
Reference number of this Framework clearly marked, and received before the closing date.
1.5. Zenergi Ltd (acting on behalf of NASBM) would advise that if tenders are sent by post, they
should be registered or sent by Recorded Delivery. An official receipt should be obtained for
each Tender delivered by hand.
1.6. The return date for this tender should be no later than Monday 1st August 2016 at 12:00hrs.
1.7. Zenergi Ltd (acting on behalf of NASBM) cannot accept responsibility for postal or delivery
delays
1.8. Zenergi Ltd (acting on behalf of NASBM) will not be responsible for any costs or expenses
incurred by the Tenderer in connection with the preparation or delivery or evaluation of the
Tender.
1.9. Your attention is drawn to the Terms of Framework Agreement shown below where all the
requirements for completing and submitting a tender can be found. Failure to comply with
these instructions may result in your tender being rejected.
Section 2 - Terms of Framework Agreement
2. Information and confidentiality
2.1 Information that is supplied to tenderers as part of the Framework agreement and subsequent
Mini Competition is supplied in good faith. However, tenderers must satisfy themselves as to
the accuracy of such information and no responsibility is accepted for any loss or damage of
whatever kind or howsoever caused arising from the use by the tenderers of such information,
unless such information has been supplied fraudulently by Zenergi Ltd.
2.2 All information supplied to tenderers by Zenergi Ltd. in connection with this Framework
agreement and subsequent mini competitions shall be regarded as strictly confidential. By
receiving this Framework Agreement you are bound by this confidentiality.
2.3 This Offer and subsequent mini competitions and their accompanying documents shall remain
the property of Zenergi Ltd / NASBM and must be returned on demand.
Tender documentation and submission
2.4 Tenders must comprise of:
- Completion of the PQQ and Structure of the Framework and the
- Declaration & Acceptance
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2.5 The Declaration must be signed by an officer duly authorised within the company stating the
designation of the officer.
2.6 The Declaration and accompanying documents must be completed in full. Any Offer may be
rejected which:
- contains gaps, omissions or obvious errors; or
- contains amendments which have not been initialled by the authorised signatory; or
- is received after the closing time.
2.7 All queries or difficulties should be directed to the e-mail address below. Queries should be in
writing stating the company’s intention to submit a tender against the tender document and
detail the query to [email protected]. All respondents will be sent the query and answer
via email simultaneously.
2.8 Official Amendments
Should it be necessary for Zenergi Ltd to amend the tender documentation in any way, prior
to receipt of tenders, all tenderers in receipt of documents will be notified simultaneously. If
deemed appropriate, the deadline for receipt of tenders will be extended.
2.9 Assumptions
Tenderers must not make assumptions that Zenergi Ltd has experience of their organisation
or their service provision even if on a current or previous contract. Tenderers will only be
evaluated on the information provided in their response. Embedded documents or hyperlinks
must not be used unless requested.
2.10 The Evaluation Process
The Framework evaluation process shall be used to assess the tender ability to comply with
Scope of Work within the Framework agreement. Tenderers will need to fully complete all
answers within the Framework Agreement to progress on to tendering for supply contracts
under the mini completion terms. Tenders will be assessed on their response to these
questions.
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Section 3 - Pre-Qualification Questionnaire
Notes for completion
a) The “authority” means the public sector contracting authority (NASBM) or anyone acting on
behalf of the contracting authority (Zenergi) that is seeking to invite suitable energy Suppliers to
participate in this procurement process.
b) “You”/ “Your” or “Supplier” means the body completing these questions i.e. the legal entity
seeking to be invited to the next stage of the procurement process and responsible for the
information provided. The ‘Supplier’ will be required to hold a UK electricity supply license, and /or a
UK gas supply license.
c) This Pre-Qualification Questionnaire (PQQ) has been designed to assess the suitability of a
Supplier to deliver NASBM’s contract and Framework requirements.
d) Please ensure that all questions are completed in full, and in the format requested. Failure to
do so may result in your submission being disqualified. If the question does not apply to you, please
state clearly ‘N/A’.
e) Should you need to provide additional Appendices in response to the questions, these should
be numbered clearly and listed as part of your declaration. A template for providing additional
information is provided at the end of this document.
f) Please return a completed version of this document to:
Named procurement officer Kevan Walsh
Name of contracting authority The National association of School Business
Management c/o Zenergi Ltd
Postal address No. 3 Benham Campus, Benham Road, University
of Southampton Science park, Chilworth, SO16
7QJ
Contact e-mail address [email protected]
Deadline for receipt of tender
(UK date and time)
Monday 1st August 2016 at 12:00hrs
Verification of Information Provided
g) Whilst reserving the right to request information at any time throughout the procurement
process, Zenergi / NASBM may enable the Supplier to self-certify that there are no mandatory /
discretionary grounds for excluding their organisation. When requesting evidence that the Supplier can
meet the specified requirements NASBM / Zenergi may only obtain such evidence after the final tender
evaluation decision.
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Supplier Information
3.1 Supplier details Answer
Full name of the Supplier completing
the PQQ:
Registered company address:
Registered company number:
Registered VAT number:
Please mark ‘X’ in the relevant box
to indicate your trading status:
i) a public limited
company
▢ Yes
ii) a limited company ▢ Yes
iii) a limited liability
partnership
▢ Yes
iv) other partnership ▢ Yes
v) sole trader ▢ Yes
vi) other (please
specify)
▢ Yes
Please mark ‘X’ in the relevant boxes
to indicate whether any of the
following classifications apply to
your organisation:
i)Voluntary,
Community and
Social Enterprise
(VCSE)
▢ Yes
ii) Small or Medium
Enterprise (SME) 1
▢ Yes
iii) Sheltered
workshop
▢ Yes
iv) Public service
mutual
▢ Yes
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3.2 Contact details
Supplier contact details for enquiries about this PQQ
Name
Postal address
Phone Number
Number of Employees:
Turnover in the UK
Company Reg Number:
4 – Grounds for Mandatory Exclusion
You will be excluded from the procurement process if there is evidence of convictions relating to
specific criminal offences including, but not limited to, bribery, corruption, conspiracy, terrorism,
fraud and money laundering, or if you have been the subject of a binding legal decision which found
a breach of legal obligations to pay tax or social security obligations (except where this is
disproportionate e.g. only minor amounts involved).
4.1 Within the past five years, has your organisation, Directors
or partners or any other person who has powers of
representation, decision or control been convicted of any of
the following offences?
Please indicate your answer by
marking ‘X’ in the relevant box.
Yes No
(a) conspiracy within the meaning of section 1 or 1A of the
Criminal Law Act 1977 or article 9 or 9A of the Criminal
Attempts and Conspiracy (Northern Ireland) Order 1983
where that conspiracy relates to participation in a
criminal organisation as defined in Article 2 of Council
Framework Decision 2008/841/JHA on the fight against
organised crime;
(b) corruption within the meaning of section 1(2) of the
Public Bodies Corrupt Practices Act 1889 or section 1 of
the Prevention of Corruption Act 1906;
(c) the common law offence of bribery;
(d) bribery within the meaning of sections 1, 2 or 6 of the
Bribery Act 2010; or section 113 of the Representation of
the People Act 1983;
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(e) any of the following offences, where the offence relates
to fraud affecting the European Communities’ financial
interests as defined by Article 1 of the Convention on the
protection of the financial interests of the European
Communities:
(i) the offence of cheating the Revenue;
(ii) the offence of conspiracy to defraud;
(iii) fraud or theft within the meaning of the Theft Act 1968,
the Theft Act (Northern Ireland) 1969, the Theft Act 1978 or
the Theft (Northern Ireland) Order 1978;
(iv) fraudulent trading within the meaning of section 458 of
the Companies Act 1985, article 451 of the Companies
(Northern Ireland) Order 1986 or section 993 of the
Companies Act 2006;
(v) fraudulent evasion within the meaning of section 170 of
the Customs and Excise Management Act 1979 or section 72
of the Value Added Tax Act 1994;
(vi) an offence in connection with taxation in the European
Union within the meaning of section 71 of the Criminal Justice
Act 1993;
(vii) destroying, defacing or concealing of documents or
procuring the execution of a valuable security within the
meaning of section 20 of the Theft Act 1968 or section 19 of
the Theft Act (Northern Ireland) 1969;
(viii) fraud within the meaning of section 2, 3 or 4 of the Fraud
Act 2006; or
(ix) the possession of articles for use in frauds within the
meaning of section 6 of the Fraud Act 2006, or the making,
adapting, supplying or offering to supply articles for use in
frauds within the meaning of section 7 of that Act;
(f) any offence listed—
(i) in section 41 of the Counter Terrorism Act 2008; or
(ii) in Schedule 2 to that Act where the court has determined
that there is a terrorist connection;
(g) any offence under sections 44 to 46 of the Serious Crime
Act 2007 which relates to an offence covered by
subparagraph (f);
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(h) money laundering within the meaning of sections
340(11) and 415 of the Proceeds of Crime Act 2002;
(i) an offence in connection with the proceeds of criminal
conduct within the meaning of section 93A, 93B or 93C of
the Criminal Justice Act 1988 or article 45, 46 or 47 of the
Proceeds of Crime (Northern Ireland) Order 1996;
(j) an offence under section 4 of the Asylum and
Immigration (Treatment of Claimants etc.) Act 2004;
(k) an offence under section 59A of the Sexual Offences Act
2003;
(l) an offence under section 71 of the Coroners and Justice
Act 2009
(m) an offence in connection with the proceeds of drug
trafficking within the meaning of section 49, 50 or 51 of
the Drug Trafficking Act 1994; or
(n) any other offence within the meaning of Article 57(1) of
the Public Contracts Directive—
(i) as defined by the law of any jurisdiction outside England
and Wales and Northern Ireland; or
(ii) created, after the day on which these Regulations were
made, in the law of England and Wales or Northern Ireland.
Non-payment of taxes
4.2 Has it been established by a judicial or administrative
decision having final and binding effect in accordance with the
legal provisions of any part of the United Kingdom or the legal
provisions of the country in which your organisation is
established (if outside the UK), that your organisation is in
breach of obligations related to the payment of tax or social
security contributions?
If you have answered Yes to this question, please use a separate
Appendix to provide further details. Please also use this Appendix
to confirm whether you have paid, or have entered into a binding
arrangement with a view to paying, including, where applicable,
any accrued interest and/or fines?
YES NO
If you have answered “yes” to question 4.2 on the non-payment of taxes or social security
contributions, and have not paid or entered into a binding arrangement to pay the full amount, you
may still avoid exclusion if only minor tax or social security contributions are unpaid or if you have not
yet had time to fulfil your obligations since learning of the exact amount due. If your organisation is
in that position please provide details using a separate Appendix. You may contact the NASBM /
Zenergi for advice before completing this form.
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5 – Grounds for Discretionary Exclusion
NASBM / Zenergi may exclude any Supplier who answers ‘Yes’ in any of the following situations set
out in paragraphs (a) to (i);
5.1 Within the past three years, please indicate if any of the following
situations have applied, or currently apply, to your organisation.
Please indicate your answer by
marking ‘X’ in the relevant box.
Yes No
(a) your organisation has violated applicable obligations referred to
in regulation 56 (2) of the Public Contracts Regulations 2015 in
the fields of environmental, social and labour law established by
EU law, national law, collective agreements or by the
international environmental, social and labour law provisions
listed in Annex X to the Public Contracts Directive as amended
from time to time;
(b) your organisation is bankrupt or is the subject of insolvency or
winding-up proceedings, where your assets are being
administered by a liquidator or by the court, where it is in an
arrangement with creditors, where its business activities are
suspended or it is in any analogous situation arising from a similar
procedure under the laws and regulations of any State;
(c) your organisation is guilty of grave professional misconduct,
which renders its integrity questionable;
(d) your organisation has entered into agreements with other
economic operators aimed at distorting competition;
(e) your organisation has a conflict of interest within the meaning
of regulation 24 of the Public Contracts Regulations 2015 that
cannot be effectively remedied by other, less intrusive,
measures;
(f) the prior involvement of your organisation in the preparation of
the procurement procedure has resulted in a distortion of
competition, as referred to in regulation 41, that cannot be
remedied by other, less intrusive, measures;
(g) your organisation has shown significant or persistent
deficiencies in the performance of a substantive requirement
under a prior public contract, a prior contract with a contracting
entity, or a prior concession contract, which led to early
termination of that prior contract, damages or other
comparable sanctions;
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(h) your organisation—
(i) has been guilty of serious misrepresentation in
supplying the information required for the verification of the
absence of grounds for exclusion or the fulfilment of the
selection criteria; or
(ii) has withheld such information or is not able to submit
supporting documents required under regulation 59 of the
Public Contracts Regulations 2015; or
(i) your organisation has undertaken to
(aa) unduly influence the decision-making process of the
contracting authority, or
(bb) obtain confidential information that may confer upon
your organisation undue advantages in the procurement
procedure; or
(j) your organisation has negligently provided misleading
information that may have a material influence on decisions concerning
exclusion, selection or award.
Conflicts of interest
In accordance with question 5.1 (e), NASBM / Zenergi may exclude the Supplier if there is a conflict of
interest which cannot be effectively remedied. The concept of a conflict of interest includes any
situation where relevant staff members have, directly or indirectly, a financial, economic or other
personal interest which might be perceived to compromise their impartiality and independence in the
context of the procurement procedure.
Where there is any indication that a conflict of interest exists or may arise then it is the responsibility
of the Supplier to inform NASBM / Zenergi detailing the conflict in a separate Appendix. Provided that
it has been carried out in a transparent manner, routine pre-market engagement carried out by the
authority should not represent a conflict of interest for the Supplier.
Taking Account of Bidders’ Past Performance
In accordance with question (g), NASBM / Zenergi may assess the past performance of a Supplier
(through a Certificate of Performance provided by a Customer or other means of evidence). NASBM /
Zenergi may take into account any failure to discharge obligations under the previous principal
relevant contracts of the Supplier completing this PQQ. NASBM / Zenergi may also assess whether
specified minimum standards for reliability for such contracts are met.
In addition, NASBM / Zenergi may re-assess reliability based on past performance at key stages in the
procurement process (i.e. Supplier selection, tender evaluation, contract award stage etc.). Suppliers
may also be asked to update the evidence they provide in this section to reflect more recent
performance on new or existing contracts (or to confirm that nothing has changed).
‘Self-cleaning’
Any Supplier that answers ‘Yes’ to questions 4.1, 4.2 and 5.1 should provide sufficient evidence, in a
separate Appendix, that provides a summary of the circumstances and any remedial action that has
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taken place subsequently and effectively “self-cleanses” the situation referred to in that question. The
Supplier has to demonstrate it has taken such remedial action, to the satisfaction of the authority in
each case.
If such evidence is considered by the authority (whose decision will be final) as sufficient, the economic
operator concerned shall be allowed to continue in the procurement process.
In order for the evidence referred to above to be sufficient, the Supplier shall, as a minimum, prove
that it has;
● paid or undertaken to pay compensation in respect of any damage caused by the
criminal offence or misconduct;
● clarified the facts and circumstances in a comprehensive manner by actively
collaborating with the investigating authorities; and
● taken concrete technical, organisational and personnel measures that are
appropriate to prevent further criminal offences or misconduct.
The measures taken by the Supplier shall be evaluated taking into account the gravity and particular
circumstances of the criminal offence or misconduct. Where the measures are considered by the
authority to be insufficient, the Supplier shall be given a statement of the reasons for that decision.
6 - Industry Qualification (Additional Modules)
6.1. Can you confirm your Company holds a UK license to supply electricity and / or natural gas to
meters within England, Scotland & Wales (please tick if also Northern Ireland) - please circle:
Electricity: Yes / No Gas: Yes / No
Northern Ireland Electricity - Yes / No Northern Ireland Gas - Yes / No
6.2. Can you confirm your Company has access to provide purchasing through the wholesale energy
markets in order to provide individual electricity or gas supply quotations to Zenergi (please circle):
Yes Yes
6.3. If the answer is “yes” to 6.1, is your company is able to issue supply quotations, and include a
3rd party commission / rebate into the contracted prices?
Yes No
6.4. Owing to the fragile nature of the clients included within this Mini-Completions (mostly state
funded Educational establishments), can your company guarantee not to disconnect a client under
ANY circumstances (unless an emergency)? (Please circle)?
Yes No
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7 - Structure of the Framework
Below is a list of requirements that Zenergi would like to incorporate into the process, every time
it issues a mini-competitions tender to each successful supplier in order to assess the suitability
for each contract from your company. Please circle each answer and respond to every question if
possible:
7.1. (score = 5) What is your company’s percentage success rate for delivering invoices in a timely
and accurate manner if known?
Percentage success:
Accuracy:
7.2. (score = 5) Please confirm your Company’s average success rate (in percentage terms) of
registering MPANs and/or MPRs on time if known.
Percentage success:
7.3. (score = 8) Ideally Zenergi would like to receive offers between a supply term of <1 – 60
months. If your company is able to accommodate/not accommodate this please circle, but if not
please detail the minimum and maximum supply terms per utility:
Utility Please Tick
Supply License
Provision
<1-60 months
Y/N
Minimum Term Maximum Term
Half Hourly Y / N
Non Half Hourly Y / N
Gas Y / N
UMS Y / N
7.4. (score = 3) Pending an acceptable credit assessment, what payment methods can your
company accept for the payment of each invoice? (please circle):
Direct Debit Only DD / BACS DD/ BACS / Cheque
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7.5. (score = 10) Is your company able to receive payment from Zenergi, if we were structure a
“tri-partite” agreement. This would incorporate a supply agreement directly with the end user,
payment from the client to Zenergi in advance, and payment from Zenergi to the Supplier. The
benefits of this is to assist multi-sites with a consolidated billing option. (please circle):
Yes No
7.6. (score = 10) Most state funded schools run a 30 day payment run. Please detail what
maximum payment terms your company will accept for the payment of each invoice (please
circle):
7 days 14 days 21 days 30 days
7.7. (score = 5) Bearing in mind the squeeze on public finances, is your company able to negate
charging late payment fees or interest to improve the “public purse”? (Please circle):
Yes No
7.8. (score = 5) For all NHH and/or gas quotations, is your company able to include free AMR or
Smart metering? (Please circle) and if not, what cost will it be?
Yes No – what cost?
7.9. (score = 3) Is your company able to provide daily market update reports that we can re-use
to send to our customers? (please circle)
Yes No
7.10. (score = 5) Please see clause 9.16 – page 24 “How the NASBM Framework will Operate”
below, so is your company able to offer a “no surprises clause”? (please circle)
Yes No
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7.11. (score = 5) Can your company provide Zenergi access to its entire product suite? (please
circle) and if so, what are they?
Yes No
Please list:-
7.12. (score = 5) Please confirm that your company will accept a group termination letter and your
company will apply termination to each and every contract listed, and the end date will
determine the cancellation of the contract? (please circle)
Yes No
7.13. (score = 5) Please confirm that when in possession of a valid Letter of Authority (signed and
on the schools headed paper) termination can be applied in order that the School/Academy will
be removed from a Local Authority contract. (please circle)
Yes No
7.14. (score = 5) With the basket of potential contracts that your company may win, Zenergi does
not envisage having take or pay clauses as the volume could be spread over the entire portfolio;
are you able to apply this principle? (please circle)
Yes No
7.15. (score = 3) As clients will be predominantly State educational, please confirm your company
can pre-authorise the client for credit purposes under the DfE Academic Funding Agreement?
(please circle)
Yes No
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7.16. (score = 18) Is your company able to adhere to the following Code of Practice, as described
below in Question 9.16 / page 24? (please circle)
No invoices after 3 months means a minimum
compensation payment of £50 to the client and
£20 per month for each month thereafter for
each utility:
Yes
No
A query / complaint which lasts more than 90
days means a compensation payment of £100 to
the client:
Yes No
If the fault of your company, non-registration of
a supply contract means the client is
compensated by your company so the client is
not financially penalised?
Yes
No
That if a credit is proved to be on an account,
then the refund will be paid to the client within
the specified payment terms for invoices:
Yes No
There will be no risk of disconnection unless in
an emergency:
Yes No
There will be no fee for a meter to be de-
energised, disconnected or capped:
Yes No
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How The NASBM Framework Agreement Will Operate
Section 9 – Understanding How We Do Business
9.1 Background on Zenergi
Zenergi Ltd is acting on behalf of The National Association of School Business Management
(NASBM) as its energy procurement and contract management agent. The description below
details the way in which the procurement of electricity and gas will be handled by Zenergi Ltd.
Zenergi has been in existence for just over 13 years and operates nationally as a utility broker to
many commercial, public body and educational establishments. With dedicated account
managers to each and every client, the service Zenergi offers ranges from energy procurement
to invoice validation, metering, data collection, energy management, Display Energy Certificates
and overall on-going contract management.
The management team have over 83 years of experience and pride themselves on the integrity
of sales, customer information, ethos and what is called “The Zen Way”. A unique method of
caring for the client in every aspect of managing energy from Board / Trustee level, right down to
the end user. Zenergis’ ethos is that of honesty, transparency and making sure the client obtains
best value in return for a fair fee to Zenergi, either in terms of an all-inclusive commission or up-
front fee; but never both.
Zenergi currently looks after some 1,400 clients, of which own in excess of 5,000 meters totalling
just over 1TWh of energy managed. It is envisaged by your company hopefully being accepted
onto this Framework Agreement that the NASBM portfolio will be allowed to grow substantially,
allowing your company to gain more business through each mini-competition. Should your
company be successful in being accepted, you will have the opportunity to grow substantially.
9.2 How Zenergi / NABSM Obtains Business
Zenergis’ annual customer retention rate stands at 98.2% and this is borne out by the high levels
of on-going customer service, personal referrals and recommendations from existing clients; the
recent NET Promoter score stands at 72.1%. New business is, and will continue to be obtained
through various national conferences, roadshows, referrals, marketing and speaking at various
events across the UK.
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9.3 Initial Process in Acquiring New Business
As stated previously Zenergi prides itself on the authenticity of sales leads and enquiries received.
NASBM have an area specifically designed for their energy scheme on their web site
www.nasbm.co.uk and enquiries will come via this channel and those mentioned in 9.2. There are
set processes to make sure the client is kept fully informed at each stage and to that end the initial
NEW business stages involve them sending to Zenergi;
a) A Letter of Authority (LoA, copy available on request) – signed by an authorised signatory. It
must be noted that when an LoA is received it will mean the client will want to opt away
from their incumbent provider, and to that end, You MUST provide the required data to
Zenergi to enable the process to commence. The reason for this is frequently a client may
have been locked into a contract they have neither signed for, or knew they had been locked
into, often through a Local Authority scheme and they wish to exit that potential uncompliant
contract.
The LoA will be under the auspices of Option 1 or Option 2, whereby Option 2 allows Zenergi
to sign a Zenergi Supply Agreement on behalf of the client. Normally in the case of a new client
Option 1 is recommended by Zenergi (not authorised to sign);
b) Together with the LoA Zenergi will receive copy invoices to ascertain the metering and volume
requirements at site;
c) This data will be used to contact incumbent suppliers and obtain contract renewal
information, annual quantities (AQ’s) and half hourly data where applicable. As stated in a)
above, we do not accept data being withheld by suppliers in any way, shape or form to halt
this process under the auspices of “they are not your client”.
d) On receipt of AQ’s and renewal dates, Zenergi will provide to the client a free Utility
HealthCheck (UHC, copy available on request). This document confirms the number of meters
on site and sets the expectations of current costs and provides an indicative renewal
cost/budget. Furthermore the discussion around the UHC provokes conversation over market
prices; potential issues over current providers; the high levels of customer service expected
from Zenergi / NASBM moving forward and subsequently sets a date for an actual “live” price
to be sent on a specific day.
9.4 Initial Pricing Requests from Suppliers
Zenergi carries out UHC’s for new business opportunities and the requests for prices to suppliers
are actioned on an ad-hoc basis. In the case of a Zenergi renewal, an IBF (indicative Budget
Forecast, copy available on request) is sent to site which provides an indication for the
forthcoming renewal.
In both cases Zenergi will send Pre-Tender Data (PTD) to suppliers in order that the supplier can
pre-load their system in readiness for a mini-competition request. For Zenergi renewals, the pre-
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tender data will normally be sent bi-annually which gives suppliers ample time to load the site
details into their pricing platform, in readiness for the initial set of IBF’s. This data may relate to a
significant number of renewals/meters for the following year and it is expected that IBF prices will
be provided to Zenergi within one month of a submission. With regards to UHC requests for new
business, or additional meters as stated, these will on a case by case scenario and will be requested
throughout various times of year but ultimately Zenergi will aim to get a UHC to a client within 15
days of the initial request.
Pre-Tender Data that will be sent to suppliers to achieve an initial request, via the mini-
competition for either an IBF or UHC is:
a) A signed Letter of Authority – terms above apply
b) Annual Quantity (split by time band where applicable)
c) Half hourly data (where applicable)
d) Renewal date(s)
e) Full supply number(s) or MPR(s)
f) Term required
g) Commission to be included for Zenergi / NASBM
9.5 Mini Competitions
Having already received the Pre-Tender Data the “Mini Competition” will commence and Zenergi will
send the Tender Requests (TR) electronically to all suppliers on The Framework and require prices
normally within the week, however this may be longer or shorter dependent on each specific request.
Zenergi may require multi meter prices via .csv to aid data input and these will be requested at the
time of the Tender Request. The requests may be split into relevant Lots if applicable. This will include:
e) Notification of the site that requires pricing by way of name and MPAN / MPR;
f) The date and time the mini-competition price is required;
g) Commission to be included for Zenergi / NASBM;
h) Term of length for the contract(s) required;
i) Any other additional requirements.
9.6 Quoting Process
During the Mini Competition process and after the UHC and IBF processes have been completed, a
sales person from Zenergi will have either a meeting or conversation with the (prospective) NASBM
client to negotiate a date when a formal and bona fide Energy Supply Contract (ESC) can be offered.
This sets expectations for the client to:
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a) Sign a Zenergi Supply Agreement (ZSA, copy available on request) on the given day. This
agreement gives Zenergi the authority to sign the Suppliers Energy Supply Contract (ESC) and
successful supplier should note and accept that in the main, clients sign a Zenergi agreement
and not a supplier agreement;
b) Allow suppliers on the Framework time to schedule the provision of the requested Mini
Competition quotations on the specific required day for the various requested terms;
c) Allow Zenergi staff enough time to schedule and receive the mini-competition offers from
suppliers;
d) Analyse the prices on a per meter basis. By way of analysis Zenergi will validate the received
supplier quotations on an exact like for like basis, particularly in the case of FiT / RO inclusion,
CMA charges and any other potential pass through charges applied. A scoring system to
assess the best supply contract will be based on the criteria set out below:
e)
Mini Competition Award Criteria % of Maximum Score
available
Price 75%
Invoicing capabilities 10%
Known customer service 8%
Criteria milestones, such as payment terms, take or pay
clauses, registration timescales
5%
Financial security 2%
f) Provide feedback to suppliers in terms of price and service;
g) Issue the successful Zenergi Supply Agreements to a client and receive signed copies by the
required deadline, normally 4pm same day.
9.7 Zenergi Supply Agreement
As mentioned in point 9.6 above, rather than sign and send a Supplier Energy Supply Contract (ESC)
to the client for signature, Zenergi normally receives a signature on its own Energy Supply Agreement
(ZSA). This paperwork provides the end user an informative and detailed breakdown of current costs
vs. new projected costs; AQ’s, contract term, supplier, RO & FiT inclusion; CMR charges, data collection
and metering costs, together with high level Zenergi terms and conditions. By signing this document,
the client accepts the rates quoted by the successful supplier through the Mini Competition and also
allows a senior representative from Zenergi to sign the Supplier Energy Supply Contract (ESC) if
necessary. This document will be sent to the successful supplier as proof that an Energy Supply
Contract has been accepted through the previously tendered Mini Competition with respect to a
particular Quotation ID Reference (QIDR).
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9.8 Confirmation of Rates
Following Clause 9(g) Zenergi would expect confirmation of the rates being locked in by the Supplier
on the same day or at worst within 24 hours. If necessary and required by the Supplier, Zenergi will
sign the Supplier Energy Supply Contract (ESC) on behalf of the client who has already signed a Zenergi
Supply Agreement (ZSA). If 24 hours should lapse with no formal confirmation, it will be assumed by
Zenergi that the rates are confirmed and locked in by the supplier as previously quoted. Neither
Zenergi, NASBM, nor its client will be financially penalised by the Supplier, or any other party where
confirmation is not received within 24 hours.
9.9 Supply Contract Acceptance – Additional Forms
As well as the Zenergi Supply Agreement being signed by an authorised signatory, Zenergi will also
ascertain the need for a VAT exemption certificate and gas emergency contact forms if applicable.
These forms will be sent to the supplier during the acceptance process and must be applied within 4
weeks of request, (in the case of a VAT Exemption Certificate – VATEC) to the account from the date
required on the appropriate form(s).
9.10 Supply Invoices - Payment by the Client
Zenergi will promote payment by Direct Debit for each supplier accepted onto the Framework
Agreement through its Zenergi Supply Agreement. It will be envisaged that standard payment terms
will be 21 - 30 days after the supply invoice date and taken by Direct Debit. Where this is not possible,
and through negotiation with Zenergi, the supplier may accept or decline to quote if a client cannot
pay by DD; the payment terms are not acceptable; or, an inflated rate may be quoted to Zenergi, as
agreed to account for the additional administrative burden placed on the supplier.
Zenergi expects a process of debt collection to be managed internally by its own account managers
and to be in regular discussion to assist a speedy recovery of debt for the supplier.
Where not on DD, we would not expect a supplier to receive payment over a school holiday, e.g.
Christmas, Easter or Summer, or to chase for payment over these periods. Again in light of fairness,
Zenergi will encourage school clients to pay invoices before these holiday times, but in any case
Zenergi will aim to notify Suppliers who these schools may be, for purposes of administration.
9.11 Registration - No Penalties
It is envisaged that suppliers on the Framework will provide a dedicated person to liaise with Zenergi
through the registration process to avoid objections and any unnecessary delays. So it would be
expected that pre-registration account balance checks would be performed in advance of the
registration process to aid a successful transfer. It is also assumed that Suppliers will not object to a
transfer of a new supplier under grounds of debt, unless by prior agreement. Zenergi guarantees its
clients that they will, in no way be financially penalised by using the energy procurement services of
Zenergi / NASBM unless they have purposefully not paid a debt to clear the objection. We believe this
service is unique in the industry to protect clients from poor service and your company will form part
of this innovative way of doing business.
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9.12 Invoice Validation
Zenergi prides itself on offering very high levels of customer satisfaction and to that end we offer and
perform, as standard, a monthly invoice validation service to our clients. This enables and allows:
a) Validation of supplier invoices to confirm correct rates, VAT levels, correct Data Collection
charges (DC) and meter readings where applicable;
b) Provision of monthly / quarterly Positive Energy Packs (PEPs) which provide useful
consumption data, budgetary information and costs to the site;
c) An on-going 13 month rolling budgetary summary.
9.13 Invoice Validation Process
The Suppliers Supply License Conditions (SSLC) will always prevail in terms of non-payment and
emergency procedure, however under normal circumstances the process for the Zenergi invoice
validation service is as follows, and will be exactly the same for ALL business placed with the successful
tenderer, unless notified before acceptance of the ZSA:
a) Invoices are addressed and sent to the Zenergi offices either as a hard paper copy or
electronically as a PDF copy and the supplier will notify Zenergi of the expected issue date;
b) The invoices will be addressed as:
Site Name, c/o Zenergi Ltd, 3 Benham Road, Benham Campus, The University of
Southampton Science Park, Chilworth, Hampshire, SO16 7QJ.
c) The supply address must be shown on the invoice;
d) Invoices are scanned and stored electronically by Zenergi to allow easy retrieval for ongoing
contract management and validated within 48 hours. These are then emailed to the client
with an accompanying memorandum. The email will state whether it is OK for payment or
not; if it is “not OK for payment” then the dedicated account manager will inform the
Supplier as to the error and expect a speedy resolution from the supplier to enable
payment. As part of the resolution process Zenergi will expect to see and discuss Suppliers
SLAs;
e) Where applicable, a group invoice may be required and data should be supplied in simple
csv data format on a regular basis in time with invoicing runs for all Zenergi sites;
9.14 Contract Management – How We Do It
Following confirmation of the rates lock in from the supplier, the client will be provided a named
Zenergi Customer Account Manager (CAM) for new business only as a renewal will continue the
existing CAM relationship.
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Within 5 days of the ZSA or ESC being signed the client will receive an introductory call from the CAM
explaining the registration process and what will happen next. During this phone call the CAM will
confirm VAT levels, payment method and chase any other outstanding paperwork for new business
or additional sites. Emphasis will be put on their current supply account being free of debt during the
registration process.
Zenergi, through the CAM, takes its responsibilities seriously as the first port of call for all customer
enquiries, dealing directly with suppliers account management teams to deal with all queries and
issues involved in the supply of the gas or electricity contract. Zenergi is committed to assisting the
customer to comply with current and future Government initiatives. During the process of ‘Going Live’
on the initial contract the level of account management increases to ensure all the elements of Going
Live are correct and in place.
Ongoing account management will commence from this point in terms of query resolution, invoice
validation and debt chasing on behalf of the Supplier. Ultimately this will lead full circle to the
production of the IBF (Indicative Budget Forecast) where applicable, the following year to enable the
renewal of the energy supply contract. Currently Zenergi are proud to state a retention rate of 98.2%
proving customers value the “attention to detail” methodology that is adopted by Zenergi.
9.15 Debt Chasing
Neither Zenergi nor NASBM accepts liability or responsibility for any client debt. We do however
encourage and expect clarity and information on a monthly basis through the supplier management
process. Statement of Accounts may be requested, and copy invoices where necessary although these
will be stored on the Zenergi server unless they have never been received at Zenergis’ offices. It is
expected that “debt chase” letters and/or notice to disconnect letters will be sent to the Zenergi
offices and where applicable the CAM will liaise with the supplier in a timely manner to have the debt
paid by the client.
9.16 Standard Fairness Terms
As described above Zenergi’s ethos is to work in partnership with suppliers towards a fair and ethical
working relationship. The agreements we assign need to be commercially acceptable to all parties;
Zenergi, the supplier and the end user. We therefore foresee attempts to deliberately block fairness
terms and forging a business relationship together unacceptable, and our ethos is that mistakes will
happen; it is how they are dealt with that really matters. To that end Zenergi will:
a) Not accept unlawful Supplier objections being raised;
b) Not accept a direct approach by the supplier to entice a Zenergi client to leave and accept a
contract directly through said Supplier;
c) Not accept a Supplier having communications directly with a Zenergi client regarding
Zenergis’ levels of service, commission, or all round abilities without the prior agreement and
express permission from a senior management employee of Zenergi;
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d) Not accept a defamation of Zenergi’s character from the Supplier;
e) Not accept the incumbent or new Supplier penalising the client or Zenergi for any potential
“industry” errors and always have the best interests of the client at heart;
f) Compensate the client if an employee of Zenergi does not follow process and an error is
made through the course of the contract that causes the client to be financially penalised,
Zenergi will pay compensation and reimburse the client in order that no additional costs are
passed on to the customer;
g) In return, expect the Supplier to employ the same philosophy and hence if errors occur from
the supplier that either financially impacts the client, or Zenergi in terms of lost commission,
then compensation will be paid to either Zenergi, or the client to avoid any financial loss;
h) Respect the termination conditions within the supply contract and it is expected the supplier
will accept a group termination for all sites that have been negotiated through Zenergi and
the mini competition and will at no time roll over or auto renew any contract;
i) Respect the supplier’s requirement to have a take or pay condition. However it is expected
that the Supplier will balance the consumption pattern across all sites contracted through
said Supplier in the Zenergi portfolio, included within the Framework.
j) Not accept, if the Tenderer has received an LOA from Zenergi through the process of the mini
competition then the tenderer will be forbidden to provide offers or attempt to contract
directly the customer without prior written notification to Zenergi. If any request for prices
of any customer within the framework is received the tender must inform Zenergi and a
conclusive decision must be reached by the customer before anything can progress.
9.17 Payment of Commission to Zenergi / NASBM
As stated previously, Zenergi normally includes a commission within the quoted unit rates to the client
which is included either on a p/kWh or included within the standing charge cost. Monthly in arrears,
Zenergi will either issue a Monthly Commission Statement (MCS) as a minimum, or verify data received
from a supplier on contracted, live sites for the purposes of reclaiming a commission payment. Other
options may be discussed.
Once the MCS is agreed Zenergi will produce a bona fide invoice and send to the relevant department
within the supplier for processing, and Zenergi will expect payment from the supplier within 30 days
either by cheque or electronic means. All commission amounts are exclusive of VAT and VAT will be
added to the commission invoice and the supplier will be notified of Zenergis’ VAT number. On a
quarterly basis, Zenergi will provide NASBM a schedule to include all sites that have started with the
NASBM Energy Framework and upon receipt of an invoice, pay NASBM a service administration fee.
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9.18 Change of status to Academy
Zenergis’ experience in the management of energy supply contracts within the education sector has
shown a need to guide suppliers in the knowhow of schools changing status to Academy. It is expected
that the successful supplier will work with Zenergi to assist in any legal change of status requests.
Where another TPI (Third Part Intermediary) is involved, Zenergi will not allow supply contracts to be
cancelled through a Change of Occupier / Change of Tenancy (CoO / CoT) when a school converts to
an Academy or becomes part of a Multi Academy Trust (MAT), but You and Zenergi will allow the
contract to novate to the new entity at the contracted rates previously applied and continue to be
managed through Zenergi / NASBM until the contract end date.
9.19 Market reports, Conferences and Educational Material
Zenergi is committed to regular communication with its customers providing them with insight and
market data on the latest developments in the UK energy market. To get a full view it will be a
requirement of the supplier to provide daily and monthly market reports that can be re-used by
Zenergi, and perhaps “white labelled”.
In addition, NASBM and Zenergi often attend conferences and school events. We will therefore
encourage the engagement of suppliers on this Framework to provide literature and marketing
materials to assist with the education and engagement of young people within the energy industry,
which is one of the aims of creating this document.
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8 – Declaration & Acceptance
Please sign this page to show you accept and understand the Framework
opportunities:
I declare that to the best of my knowledge the answers submitted to these questions are
correct. I understand that the information will be used in the selection process in order that
my company can access the NASBM / Zenergi Energy Framework and that if successful we
will be asked to provide energy quotations through the mini competition process.
I am signing on behalf of................................................................... (Insert name of Supplier).
I understand that NASBM / Zenergi may reject my submission if there is a failure to answer
all relevant questions fully or if I provide false/misleading information. I have provided a full
list of any Appendices used to provide additional information in response to questions.
I also declare that there is no conflict of interest in relation to the NASBM / Zenergi’s
requirement.
The following appendices form part of our submission (if applicable);
Section of Tender Appendix number
TENDER COMPLETED BY
8.1 Name
8.2 Role in
organisation
8.3 Date
8.4 Signature
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Appendices
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