512_25 Utility Metering and Data Services

As a Centralised procurement authority as defined in the Procurement Act 2023, the Framework is open for use by Public Bodies (defined at www.espo.org/amfile/file/download… ↗) that also fall into one of the following classifications of user throughout all administrative regions of England, Scotland and Wales: Local Authorities; Educational Establishments (including Academies); Central Government Departments and Agencies; Police, Fire & Rescue and Coastguard Emergency Services; NHS Bodies including Ambulance Services; Registered Charities; Registered Social Landlords; The Corporate Office of the House of Lords, The Corporate Officer of the House of Commons; or any public body established by or under the Scotland Act 1998 or any Act of the Scottish Parliament. Details of the classification of end user establishments and geographical areas are available at: www.espo.org/legal ↗

Call-offs via the 512_25 Framework will be permitted in the following ways in accordance with section 45 of the Procurement Act 2023 (and any subsequent amendment or re-enactment thereof):

Call-off without competition

'Calling-off' Services from a Supplier identified who is a) included in the Framework; b) suitable for meeting the Customer's specific needs and; c) identified as offering the Most Advantageous Solution to the Customer's requirements, based on source(s) of information for Customers' supplier selection decisions.

Call-off with competition (Further Competitive Selection Process)

'Calling-off' by conducting a further competitive selection process amongst those Suppliers identified in the Framework as being able to provide the required Services. This means that not all competitive selection processes will necessarily include all the Suppliers - a customer will only invite those Suppliers that are included in the Framework for the particular type of contract required. Customers will assess the suppliers as set out in the terms and conditions of the Framework.

When assessing proposals submitted under a further competitive selection process, Customers may include conditions of participation to assess Suppliers' technical ability to perform the contract as part of the competitive selection process as determined according to the Customer's own particular circumstances.

Any assessment of Suppliers' proposals under a further competitive selection process must be based only on some or all of the award criteria that were used to assess tenders when the framework was awarded. Customers may refine these criteria, for example, by including additional sub-criteria or by explaining the criteria further.

Further competitive selection processes may be conducted directly by the Customer, or by ESPO, or by any other appropriate third party on the Customer's behalf. Please note that once this Framework is established, the right is reserved by the Customer when running a further competitive selection process, to invite the Suppliers to participate in an eAuction. Meetings with Suppliers, interviews, presentations and/or site visits may be required as part of the process at further competition stage as determined by the Customer.

All Services provided under the Framework will be provided and delivered directly to the Customers, in accordance with instructions given to the Supplier at the time of placing the order. Liability for payment of the Supplier's invoices will rest solely with the Customer, as appropriate in each case.

ESPO Trading Limited Second Framework:

ESPO has established a commercial trading company, ESPO Trading Limited, whose target clients are third sector organisations such as national and local charities, public sector mutual organisations and other organisations involved in the delivery of services to or for the public sector. The successful Supplier may be asked to enter into an additional separate framework agreement (the Second Framework) with ESPO Trading Limited on materially similar terms to that found in the tender pack to be entered into by ESPO itself.

Any Second Framework agreement will be a purely commercial agreement and will, for the avoidance of doubt, not be governed by the Procurement Act 2023 or other public procurement legislation. ESPO Trading Limited may enter into the second framework agreement with the successful supplier and make it available to third sector clients who themselves are not required to follow the Procurement Act 2023 or other public procurement legislation. Accordingly, this is provided for tenderers information only.