The Crown Commercial Service has recently published a form of concession contract that can be used as a base for LEVI-funded electric vehicle charging point (EVCP) procurements. In this article we highlight the benefits of these template documents and set out the key considerations for local authorities.
It’s probably fair to say that those involved with the procurement of projects to deploy ORCS and LEVI grant funding for EVCPs will welcome the standardisation of approach which may develop from the use of these template documents. Until now, local authorities procuring EVCP contracts have been required to develop their own form of concession contract, which isn't a type of contract commonly procured by local authorities. Across the country, bidders have been asked to review, clarify and enter into concession contracts abundant in variety, some better drafted than others.
If use of these template documents becomes widespread, bidders will no doubt enjoy the increased efficiencies of bidding for various contracts that are at least in similar form. Local authorities will gain some assurance that the 'bare bones' of the template should be acceptable to the EVCP market. By and large, the publication of these standard templates represents a positive step in supporting the UK’s transition to decarbonising transport, and the UK net zero target.
Any positivity in that regard must be tempered with an understanding that template documents can rarely be used in a 'rinse and repeat' method and as such:
Additionally, the local authority will also need to ensure that its invitation to tender documents, which should be compliant with the Procurement Act 2023 now that it's in force, are suitable for the procurement of a concession contract. The invitation also needs to set out an evaluation methodology that relates to the subject matter of the contract whilst being proportionate, transparent and sufficiently clear, measurable and specific.
Navigating the complexities of EVCP procurement requires a careful balance of risk between the local authority and the chare point operator. Our team can assist in refining contract terms, ensuring compliance with the new procurement regulations, and advising on how to develop the CCS template documents into a bankable and robust contract.
Having advised on over 10 projects to deliver more than 1,800 EVCPs and benefitting from government funding of up to £12.5 million, our team is well placed to provide strategic guidance on the expectations of the charge point operator market so as to generate competitive bids from a number of bidders in a legally sound procurement exercise that drives value for the public sector, and drives forward the decarbonisation of transport.
The Crown Commercial Service template documents can be accessed here. For further information or advice, please contact our energy and resource management team.
We produce a range of insights and publications to help keep our clients up-to-date with legal and sector developments.
Sign up
