Decision details

*Energy Company Obligation - Delivery Partner Procurement

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes


Report of the Cabinet Member for Housing and Sustainability seeking delegated approval for the Director of People, following consultation with the Cabinet Member for Housing and Sustainability to award a contract securing a delivery partner to provide a programme using Energy Company Obligation (ECO) funding for energy efficiency works to homes in the City for a period of up to 7 years.

NOTE: The appendices to this report will likely contain confidential information in relation to the ongoing tender for the above works, together with commercially sensitive information such as intended contract price and terms and conditions that would prejudice the Council’s negotiation position if released prior to contract formation.



(i)  To delegate authority to the Director of People after consultation with the Cabinet Member for Housing and Sustainability to let the ECO contract in early November 2013;

(ii)  To delegate authority to the Head of Legal, HR and Democratic Services to enter into a contract for a period of 2 years plus an optional further 5 years, subject to the availability of further ECO funding and satisfactory performance, with the company selected for the ECO partnership contract;

(iii)  To delegate authority to the Head of Legal, HR and Democratic Services, following consultation with the Director of People and the Cabinet Member for Housing and Sustainability to finalise and enter into all necessary or ancillary contractual arrangements and documentation with the preferred bidder, subject to the parameters, set out within the report and specifically in Appendix 1; and

(iv)  To delegate authority to the Head of Legal, HR and Democratic Services to take any further action necessary to give effect to the decisions of the Cabinet in relation to this matter.

Reasons for the decision:

1 Delegated officer approval was obtained in April 2013 to advertise the ECO contract through the OJEU procurement process. A Negotiated OJEU tender is being used for this purpose which will lead to the appointment of a preferred contractor, or Delivery Partner, in late October of this year.

2 The OJEU tender process is very prescriptive and Council officers are currently negotiating with a shortlist of bidders to determine the most suitable Delivery Partner for the scheme.

3 Cabinet approval is required to let a contract of this size. However, delegated authority is sought to appoint a preferred Delivery Partner as soon as possible after the end of the procurement process, being satisfied that whichever organisation is selected will deliver the strategic outcomes specified for the project.  

4 Final Tenders will be received from the three remaining bidders in September. A contractor will be appointed as Preferred Bidder in the beginning of November 2013. This matter requires a decision that would be impracticable to defer until the following Cabinet meeting in November. Letting the contract as early as possible will maximise the current phase of ECO funding (to the end of March 2105).


Alternative options considered:

Not to enter into a partnership arrangement with a utility or national construction company was rejected as this is a significant funding opportunity for the Council and its other local authority partners. This delivery model was chosen as a way of ensuring the effective management and coordination of such a large and complex delivery programme and to meet key strategic objectives.

Report author: Colin Rowland

Publication date: 20/08/2013

Date of decision: 20/08/2013

Decided at meeting: 20/08/2013 - Cabinet

Effective from: 29/08/2013

Accompanying Documents: