The Department for Business, Energy and Industrial Strategy (BEIS): To develop a Publicly Available Specification (PAS) standards for the installation of energy efficiency measures in non-domestic buildings through the creation of a PAS 2038-1 and PAS 2038-2.

UK-London: Miscellaneous services.

Preliminary Questions
   This notice is published by:
   Directive 2014/24/EU

Section I: Contracting authority/entity

I.1) Name and addresses
       Department of Business Energy and Industrial Strategy
       1 Victoria Street, London, SW1H 0ET, United Kingdom
       Tel. +44 3000686455, Fax. +44 3000686455, Email: Whenham-Barber@beis.gov.uk
       Contact: Nicola Barber or Sarah Whenham
       Main Address: www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy, Address of the buyer profile: www.bipsolutions.com
       NUTS Code: UK

I.4) Type of the contracting authority (in the case of a notice published by a contracting authority)
      Ministry or any other national or federal authority, including their regional or local subdivisions

I.5) Main Activity (in the case of a notice published by a contracting authority)
      General public services


Section II: Object

II.1) Scope of the procurement
   
   II.1.1) Title: To develop a Publicly Available Specification (PAS) standards for the installation of energy efficiency measures in non-domestic buildings through the creation of a PAS 2038-1 and PAS 2038-2..
      Reference number: TRN 2034/08/2019
      
   II.1.2) Main CPV code:
      98300000 - Miscellaneous services.
   
   II.1.3) Type of contract: SERVICES
   
   II.1.4) Short Description: The Department for Business, Energy and Industrial Strategy (BEIS) seeks to award a contract to British Standards Institute (BSI) for undertaking Publicly Available Specification (PAS) standards for the installation of energy efficiency measures in non-domestic buildings.

To support the Clean Growth Strategy BEIS has publicly committed to exploring the requirements for a PAS standard for energy efficiency in the non-domestic sector and that we will consider modelling a non-domestic PAS on the new domestic standard (PAS 2035: 2019).

Quality standards for the installation of energy efficiency measures are currently set out in a PAS stand-ard covering both domestic and non-domestic energy efficiency installation. However, when previously updating these standards to align them with an Each Home Counts review recommendation, a decision was taken by industry and BEIS to remove the non-domestic element and address that at a later stage.
   
   II.1.6) Information about lots
      This contract is divided into lots: No

   II.1.7) Total value of the procurement (excluding VAT)
      Value: 235,000      
      Currency: GBP


II.2) Description

   II.2.2) Additional CPV codes:
      Not provided

   II.2.3) Place of performance:
      UK UNITED KINGDOM
   
   
   II.2.4) Description of the procurement:
    This work will be undertaken through a Single Tender Action by the British Standards Institute (BSI). BSI is the only organisation that can provide the required services as they are the only national standards body with legal responsibility for maintaining standards in the UK.

The new domestic standards were introduced in June 2019 with a transition period running until January 2021. At the end of the transition period, unless this work is undertaken, there will be no PAS covering non - domestic energy efficiency installations.

The continuation of PAS standards for the non-domestic sector will set an agreed level of quality and good practice and help to maintain and build trust in the market products and services.    
   
   II.2.5) Award criteria
   (Directive 2014/24/EU / Directive 2014/25/EU)
               
    Not provided       
      
      
   II.2.11) Information about options:
      Options:    No       
   
   II.2.13) Information about European Union funds:
      The procurement is related to a project and/or programme financed by European Union funds:    No

   II.2.14) Additional information:
    Not provided    
      
Section IV: Procedure

IV.1) Description
   
   IV.1.1) Type of procedure: Negotiated procedure without prior publication (in accordance with Article 32 of Directive 2014/24/EU)          
   
   IV.1.3) Information about framework agreement
         The procurement involves the establishment of a framework agreement: No    
   
   IV.1.8) Information about the Government Procurement Agreement (GPA)
         The procurement is covered by the Government Procurement Agreement:Yes
         
IV.2)Administrative Information

   IV.2.1) Previous publication concerning this procedure:
      Notice number in OJ S: Not provided       
   
Section V: Award Of Contract/Concession
      
Award of Contract/Concession No: 1
Contract No: Not Provided    Lot Number: Not Provided    Title: Not Provided

V.2) Award of contract/concession
      
      V.2.1) Date of contract award decision: 29/08/2019.
      
      V.2.2) Information about tenders
      The contract has been awarded to a group of economic operators: No .

      V.2.3) Name and address of the contractor/concessionaire, No. 1:
          BSI Standards Limited,
       389 Chiswick High Road, London, W4 4AL, United Kingdom
       Tel. +44 2089967954, Fax. +44 2089967400, Email: howard.brown@bsigroup.com
       Internet address: www.bsigroup.com
       NUTS Code: UK
   The contractor/concessionaire will be an SME: No    
   
         
      V.2.4) Information on value of the contract/lot/concession:
         Initial estimated total value of the contract: 235,000          
         Total value of the contract/lot/concession 235,000         
         Currency: GBP

      V.2.5) Information about subcontracting:
         The contract is likely to be subcontracted: No          


Section VI: Complementary Information

   VI.3) Additional Information:
      To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=427135813
GO-201995-PRO-15333811 TKR-201995-PRO-15333810   
   VI.4) Procedures for review
   
      VI.4.1) Review Body
          Department of Business Energy and Industrial Strategy
       1 Victoria Street, London, SW1H 0ET, United Kingdom
       Tel. +44 3000686455, Fax. +44 3000686455, Email: Whenham-Barber@beis.gov.uk
       Internet address: www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy
   
      V1.4.2) Body responsible for mediation procedures:
                See above for appeals
       London, United Kingdom
       Tel. +44 3000686455.

      VI.4.3) Review procedure
      Not Provided    
      
      VI.4.4) Service from which information about the review procedure may be obtained
          See above for appeals
       London, United Kingdom
       Tel. +44 3000686455
   
   VI.5) Date of dispatch of this notice: 05/09/2019


Annex D1 - General Procurement
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2014/24/EU

1. Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article 32 of Directive 2014/24/EU

   No tenders or no suitable tenders/requests to participate in response to: Not provided

   
   
   The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights
   
   Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive: No
   
   Additional deliveries by the original supplier ordered under the strict conditions stated in the directive: No

   New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive: No

   Service contract to be awarded to the winner or one of winners under the rules of a design contest: No

   

   Purchase of supplies or services on particularly advantageous terms: Not Provided



3. Explanation

   Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is
   lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
   Awarding this contract to BSI is fully in line with national and EU law (Directive 98/34/EC of the
European Parliament and the Council of 22 June 1998, laying down a procedure for the provision of information on the field of technical standards and regulations and of rules of Information Society services (OJ L 204 of 21.07.1998), as amended by Directive 98/48/EC(OJL 217 of 5.08.1998). This Directive requires each Member State to set up/nominate a national body to award internationally recognised standards (ISO/EN/BS/PAS).

BEIS is awarding to BSI by using Clause 32 of the Public Contracts Regulations - negotiated procedure without prior publication – (2) b) (ii) competition is absent for technical reasons and (iii) the protection of exclusive rights, including intellectual property rights.

BSI owns the copyright (IP) on any PAS energy efficiency standards (PAS2030 standards), which BEIS has sponsored. If another organisation was procured to do this work the new PAS standards would not carry the recognised BSI logo or the PAS 2030 brand and it would not benefit from the industry-recognised approach to PAS development. Any alternative would mean developing a new voluntary standard, including establishing the necessary processes and stakeholders groups from scratch. This new standard would not have national or international recognition.
Some additional benefits include:
- BSI are familiar with existing domestic PAS standards and have already considered the likely requirements for new non-domestic standards when undertaking the domestic work.
- BSI familiarity with process and timelines should ensure project milestones are realistic and met.
- Where appropriate elements of the domestic standards can be adopted into the non-domestic standards. As well as being more efficient, this will make it easier for installers and certification bodies to use as they are already familiar with the domestic standards.