Date: 26/01/2004. MEETING NAME Executive Delegation of award of energy supply contracts
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1 Item No. Classification: Open Report title: Ward(s) or groups affected: From: Date: 26/01/2004 MEETING NAME Executive Delegation of award of energy supply contracts ALL Assistant Chief Executive Strategy & Performance RECOMMENDATION 1 That the decision to award contracts for supplies of electricity and gas set out in Table 1 be delegated to the Assistant Chief Executive for the reasons set out in paragraph 13, and that the award be made according to Council policy as set out in paragraph 11. BACKGROUND INFORMATION Current energy procurement in Southwark 2 The Council is a founder member of the London Utilities Consortium (LUC) which was set up following the deregulation of the utility markets in the 1990s. The chief objective of the LUC is to secure contracts for utility supplies at the most favourable rates through the combined purchasing power of members. Through the LUC, the Council has appointed LASER to act as agent when inviting tenders for utility supplies. LASER is a non-profit making organisation managed by Kent County Council s Commercial Services Department. Of the 36 LUC members, 21 currently tender supplies via LASER, the others tender their own supplies - Southwark has always tendered supplies via LASER. 3 The Council s energy supplies are let as a series of separate contracts, as set out in Table 1. The interruptible gas sites are the Aylesbury Estate and North Peckham Estate district heating supplies. Interruptible contracts offer reduced gas prices in return for sites having the facility to stop using gas when requested by the supplier and switch to oil. Table 1 utility contract current contract annual spend period (years) total contract value expiry date electricity 1 Sites consuming 100kW and above 333, ,508 31/10/05 2 Monthly billed, maximum demand sites 262, ,862 31/03/04 3 Unmetered street lighting 345, ,230 30/09/04 4 quarterly billed tariff accounts 2,797, ,595,380 31/03/04 gas 5 interruptible sites 927, ,854,594 31/07/05 6 large sites 3,804, ,608,748 31/01/05 7 small sites 470, ,788 31/10/04 totals 8,941,555 17,883,110 Predicting future contract value is unreliable because of volatility of market prices ( paragraphs 4-6 ) and the value will depend on actual future consumption (i.e. varies according to weather, usage and number of sites in operation etc.) 1
2 Energy markets 4 The UK now has fully competitive gas and electricity markets across all sectors (from domestic to industry). Both markets operate, and fix prices, on a half-hourly basis. Day to day movement of both gas and electricity prices is highly volatile, with an underlying trend of increasing prices. 5 During the 1990s, competition within the utility markets reduced average commercial gas bills by over 40%, and electricity by around 20%. However, in 2000 gas prices more than doubled, and have demonstrated a steadily increasing trend since. The main reasons for this increase are:- Decline of UK North Sea reserves - by 2006, the UK will be a net importer of gas. Continued rise in demand for gas, in the UK and Europe - the UK gas network is connected to Europe (this has also increased price volatility as EU gas prices are strongly linked to oil prices) 6 UK electricity prices have been at historic low values following introduction by the Government of new regulations for electricity trading. These have replaced the previous system which allowed generators to keep electricity prices high, resulting in the UK having more supply than demand. Electricity prices are rising again, as generators close down excess plant but the longer term trend is for increasing electricity costs as 40% of UK electricity is generated via gas (which is set to increase in price). 7 As a result of the price volatility, suppliers are holding tendered prices valid for very short periods ranging from ½ day to several days. This is particularly the case for supply offers for green electricity (that generated via renewable energy sources), where demand far exceeds supply (only around 3% of total UK electricity supply is green). Tender / billing process 8 In order to let energy contracts, a minimum set of data is required (i.e. supply address, account number, meter numbers and annual consumption). LASER collects this data by receiving clients invoices directly from the suppliers (in electronic form). LASER pay the suppliers and then invoice the clients this enables them to charge for their services by adding an increment to the unit charges (currently around 2% of the invoiced amount). 9 LASER undertake the tender process, and advertise the contract in the Official Journal of the European Communities. LASER uses an electronic tendering system which both encourages more competitive bidding from suppliers, and reduces the time taken by the tender process. Once the tender is complete, LASER send the results by to the Council for analysis and an award decision. The use of electronic tendering gives flexibility to LASER to initiate the tender at the best market conditions. Consequently, the date for receipt of tender results from LASER is variable. 10 Contract 4 (table 1) is not tendered through LASER as the Council does not currently have the necessary data (see para. 16 for future plans). These supplies are invoiced directly by London Electricity (now re-branded as EdF). However, LASER does negotiate reductions in the standard offered tariff rates with EdF on behalf of the Council. These prices are then fixed over the period of the contract usually offered for 24 months. 2
3 Green options 11 Only for electricity supply is it possible to request a green option (i.e. biogas is not available through the gas network). Current Council policy (Council Assembly 31/10/01) is to seek green electricity supplies, and accept the green offer providing it costs no more than 5% higher than the best standard electricity supply offer. In the case of gas, the lowest price offer is accepted. 12 LASER are instructed to request suppliers to offer prices for both green and standard electricity. The street lighting contract (no. 3, Table 1) and 9 of the 17 sites on the 100kW contract (no. 1, Table 1) are currently supplied with 100% green electricity. Recommendation 13 With reference to:- the above paragraphs 4 7 on the volatility and long term increase in energy prices, and the need to make timely decisions to secure the most favourable energy prices for the Council, it is recommended that the award of the contracts in Table 1 be delegated to the Chief Executive, who will make the award according to current Council policy (as set out in paragraph 11). Development of Sustainable Energy Strategy & improving performance 14 The Strategic Procurement Unit has started a project to develop a Sustainable Energy Strategy for the Council with the overall objectives of reducing the costs, and environmental impacts of energy use. The main focus of the project are on:- Centralising the collection and payment of energy (and water) invoices. Investigating the establishment of a Council led Energy Service Company (ESCO) - initially based on the Elephant & Castle regeneration. Such a scheme could harness private sector capital to provide cost-effective, sustainable energy supplies. 15 Currently, utility bills are sent to individual business units and there is no central collection of billing data. There is almost no systematic monitoring of energy consumption and setting targets for reduction (only simple comparisons are made with previous bills). A further weakness of this current arrangement is that the Council is effectively tied to LASER for energy procurement. 16 The proposed centralisation of energy invoicing will gather consumption data, and arrange for payments through the SAP system. Most energy suppliers now offer electronic invoicing, the aim therefore will be to receive the majority of energy invoices in electronic form. The key benefits would be:- Greatly reduced staff time spent manually entering invoices across departments (and reduction in coding errors) Data would be available to enable the Council to explore other energy procurement options that might deliver better value than using LASER (e.g. online tendering, energy service contracts etc.) Data would also be available to tender the supplies of Contract 4 (table 1). Effective monitoring and reporting of energy consumption, and setting targets for reduction (necessary for achieving the Council s own environmental policy targets, and 3
4 reporting of energy performance via the Best Value Performance Indicator BVPI 180a) Other initiatives 17 The Carbon Trust was set up by the UK Government to increase sustainable use of energy within the business sector and local authorities. Through participation in a pilot project with the Carbon Trust, the Council is receiving free consultancy and building energy audits - with the objective of cutting energy consumption (and its associated emissions) in municipal buildings. 18 The Carbon Trust project is led by the Environment & Leisure Department, and complements their Green Champions initiative which will help promote energy efficiency best practice across the Council. KEY ISSUES FOR CONSIDERATION Policy implications 19 It should be highlighted that several key Council sites are currently supplied by green electricity contracts including the Town Hall. However, under current policy, should a future offer for green electricity to the Town Hall come in at 5.1% higher cost than standard electricity the green offer could not be accepted. Procurement implications 20 New Contract Standing Orders are to be introduced in May These may affect the decision process for awarding energy contracts after this date. Resource implications 21 The spend on the contracts outlined in table 1 falls within the budget framework. 22 Paragraphs 4 6 above highlight that both electricity and gas prices are set to increase on a long term basis. The Council should therefore expect rises in energy prices, at least at the rate of inflation. However, the decline in the UK s own fossil fuel reserves will mean that UK energy prices are more affected by global political and socio-economic events. Consultation 23 This report has been approved by COT on 11/02/04 SUPPLEMENTARY ADVICE FROM OTHER OFFICERS Head of Procurement 24 Considering the volatility and dynamic nature of the energy market, the recommendation is in line with Procurement Best Practice and although no tender process has yet been followed, it is intended that a competitive tender process is undertaken by the Council and/or its agent (LASER) on the Council s behalf, in line with Contract Standing Orders, in order to ensure that best value is achieved. 25 Having said the above, attention should be given to the implications raised in paragraphs Bearing these in mind, it may only be necessary to agree delegated authority for 4
5 contracts 2 and 4 that need to be renewed imminently (March 2004), whereas the other contracts could be left for now on the basis that more determinants maybe in place before a final decision is needed. If Members are minded to do so, then the recommendation should be approved. Borough Solicitor & Secretary 26 The first proposal set out in the report is that the Council should use the consortium purchasing arrangements made available to the Council through the LASER scheme, where LASER act as the Council s agent when inviting tenders. Contract Standing Orders provide that the Executive can approve such consortium arrangements providing that the Executive is satisfied that the arrangements comply with EU and UK legislation and provide value for money; and say that in those circumstances, the requirements for tendering in the Council s own CSOs will not apply. The reports sets out the manner in which those requirements are satisfied. It is for the Executive to approve these tendering arrangements. 27 The second proposal is for the delegation of the decision on award to the Assistant Chief Executive. Because the contract is one which affects the budget of more than one department, a decision on award of the contract is to be made by Executive unless, as here, other arrangements are made. It is for the Executive to decide if the proposed delegation should be made. Chief Finance Officer 28 Paragraph 21 above points out that the expenditure on energy supplies via the contracts in table 1 is within the Budget Framework. Paragraph 22 explains that the Council should expect continued volatility in the energy market, with a long term trend of rising prices. The proposals outlined in this report will enable the Council to respond to this market in a timely manner in order to secure best value for money. BACKGROUND DOCUMENTS Background Papers Held At Contact Energy contract documents and 19 Spa Road Bob Fiddik spreadsheets 5
6 APPENDIX A Audit Trail Lead Officer Sarah Naylor Report Author Bob Fiddik Version Draft Dated 26/01/04 Key Decision? Yes CONSULTATION WITH OTHER OFFICERS / DIRECTORATES / EXECUTIVE MEMBER Officer Title Comments Sought Comments included Borough Solicitor & Secretary Yes Yes Chief Finance Officer Yes Yes Head of Procurement Yes Yes Chief Officer Team Yes Yes Executive Member Cllr Zuleta Date final report sent to Constitutional Support Services 6
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