Decision details

At its meeting of 27th July 2022, Council approved adoption of the East Herts Climate Change Strategy 2022 – 2026. The action plan within the Strategy included to: “Provide practical ways of encouraging sustainable options as the default position
for residents and businesses notably with regard to greener travel, renewable
energy, low carbon domestic heating and hot water”.

In order to enact this Council-approved action, the Head of Housing and Health is using his authority delegated within the council’s Constitution at paragraph 10.6.1.2 (c), “in relation to contracts to buy or sell…as detailed in the council’s Financial Regulations and Contract Procedure Rules…”. As noted in the Reason(s) for Decision section below, NEF have been procured via a direct award from a relevant framework agreement which the council may legitimately use. Therefore, the Financial Regulations and Contract Procedure Rules have been fully complied with.

In approving the East Herts Climate Change Strategy 2022 – 2026 on 27th July 2022, Council adopted an action to provide practical support to enable residents to improve the energy efficiency of their homes. This aspiration was further underlined by the declaration of a Climate Emergency by Council on 26th July 2023 which, among other things, committed the council to “providing advice and assistance to East Herts residents and businesses to inspire and encourage their own shifts away from carbon producing activities”.

Officers have determined that the council is eligible to use the Framework for the Delivery of Domestic Retrofit Projects and Related Services produced by Watford Borough Council and Three Rivers District Council for use by all local authorities and registered social housing providers in Hertfordshire and Buckinghamshire when “procuring services for a wide range of domestic retrofit and energy efficiency projects efficiently, effectively, and economically”. For reference, the Contract Award Notice for the framework was published on 5th April 2023 with Find a Tender ref 2023/S 000-009969. This framework has been used to identify and appoint the NEF.

To commission the National Energy Foundation (NEF) to provide advice, assistance and expertise (a) to residents within East Herts in line with the NEF Better Housing Better Health service and (b) to residents of East Herts and installers of domestic energy efficiency measures under NEF’s Supplier Network service.

Option 1 - Run a competitive process within the framework – NOT RECOMMENDED as NEF is the only appointed supplier under Lot 3 (energy advice to residents) and there is only one other supplier under Lot 2. There is a benefit in time and efficiency to the council of commissioning the two services together from one supplier. Added to this, the agreement with NEF to manage the ECO service being let under Lot 2 does not require the council to work exclusively with NEF on this element of the work and so, should the council determine it beneficial at some later time, it could directly award a contract to the other appointed supplier under Lot 2.

Option 2 - Run a competitive process in the open market – NOT RECOMMENDED. As Watford Borough Council procured suppliers through the framework tendering exercise within the last year, it is can be considered unlikely that should East Herts Council run a fresh procurement exercise we would elicit different suppliers on different terms. In addition, as there is no cost to the council attached to commissioning NEF through the framework, it would seem counterproductive to run an open competition to achieve the same end, only with significant officer input, cost and time.