Modification notice
Modification of a contract/concession during its term
Section I: Contracting
entity
I.1) Name and addresses
Denbighshire County Council
Caledfryn, Smithfield Road
Denbigh
LL16 3RJ
UK
Contact person: Andy Moreland
Telephone: +44 1824706724
E-mail: andy.moreland@denbighshireleisure.co.uk
NUTS: UKL13
Internet address(es)
Main address: www.denbighshire.gov.uk
Address of the buyer profile: http://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0280
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Appointment of a Leisure Services Development Partner
Reference number: SA/AMCN/300616
II.1.2) Main CPV code
45212100
II.1.3) Type of contract
Works
II.2) Description
Lot No: 1
II.2.1) Title
Appointment of a Leisure Services Development Partner
II.2.2) Additional CPV code(s)
45212000
45212100
37480000
45212110
73220000
79340000
92610000
92620000
66122000
79314000
71200000
66000000
45212322
43325000
II.2.3) Place of performance
NUTS code:
UKL13
Main site or place of performance:
United Kingdom
II.2.4) Description of the procurement
Appointment of a Leisure Services Development Partner.
Extension of the UK Leisure Framework until 31st January 2022 on the same terms as let, and in any event such extension period shall be limited to 50% of the value of the original framework agreement in accordance with Regulation 72 Public Contracts Regulations 2015.
The current supplier, Alliance Leisure have confirmed to Denbighshire Leisure Limited (wholly owned Company of the Council and are contracted to manage the existing framework on the Council’s behalf and are supportive of
the extension)that they would be willing to continue with the current framework.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 12
EXTENSION OF THE COUNCIL'S UK LEISURE FRAMEWORK
RESOLVED that Cabinet approve the extension of the UK Leisure Framework until January 2022 on the same terms as let, and in any event such extension period shall be limited to 50% of the value of the original framework agreement in accordance with Regulation 72 Public Contracts Regulations 2015.
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
Yes
Section IV: Procedure
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2017/S 031-055422
Section V: Award of contract/concession
Lot No: 1
Contract No: 246892
Title: Appointment of a Leisure Services Development Partner
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
31/01/2017
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
Alliance Leisure Services Ltd
24 Angel Crescent
Bridgwater
TA6 3EW
UK
Telephone: +44 1278444944
NUTS: UK
Internet address(es)
URL: http://www.allianceleisure.co.uk/
The contractor/concessionaire is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 375 000 000.00
GBP
Section VI: Complementary information
VI.3) Additional information
The Council, the ‘Contracting Authority’ who awarded the framework, could not have foreseen, at the time of the original letting, a global pandemic. In such unforeseen situations, provided the thresholds of the extension are met, it will be lawful to extend.
Such pandemic has hit certain industries significantly, in particular the leisure industry and it’s supply chain, whose staff will have been, or remain furloughed and would not be in a state of readiness to pull together the tender submission for a substantial UK wide bid.
Similarly, the Council and its wholly owned Company, Denbighshire Leisure Limited have been operating within the pandemic restrictions and staff redeployed and public services focused elsewhere. The setting up of any framework on any scale involves a resource
commitment in officer time, notwithstanding a large scale national framework.
It is therefore in the interests of the Council, and Denbighshire Leisure Limited, but also in fairness to all providers in the market, to delay the launch of a new procurement process during this crisis until next year, when a planned new exercise will commence. Meet the
buyer and pre-procurement market engagement can take place, which should encourage competition and therefore best value for the Council and Denbighshire Leisure Limited as it prepares to go out to the market for the third generation framework.
____________________________________________________________________
DCC Cabinet approved the extension on the 20th October 2020.
(WA Ref:105266)
VI.4) Procedures for review
VI.4.1) Review body
Supreme Court
Th Royal Courts of Justice
London
UK
Internet address(es)
URL: www.denbighshire.gov.uk
VI.5) Date of dispatch of this notice
30/10/2020
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
45212100
VII.1.2) Additional CPV code(s)
37480000
45212110
73220000
79340000
92610000
92620000
66122000
79314000
71200000
66000000
45212322
43325000
VII.1.3) Place of performance
NUTS code:
UK
VII.1.4) Description of the procurement
Extension of the UK Leisure Framework until 31st January 2022 on the same terms as let, and in any event such extension period shall be limited to 50% of the value of the original framework agreement in accordance with Regulation 72 Public Contracts Regulations 2015.
Publication date: 22/10/2020
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 12
Extension of the UK Leisure Framework until 31st January 2022 on the same terms as let.
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 375 000 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
No
VII.1.7) Name and address of the contractor/concessionaire
Alliance Leisure Services Ltd
24 Angel Crescent
Bridgwater
TA63EW
UK
E-mail: info@allianceleisure.co.uk
NUTS: UK
Internet address(es)
URL: https://www.allianceleisure.co.uk
The contractor/concessionaire is an SME:
No
VII.2) Information about modifications
VII.2.1) Description of the modifications
Extension of the UK Leisure Framework until 31st January 2022 on the same terms as let, and in any event such extension period shall be limited to 50% of the value of the original framework agreement in accordance with Regulation 72 Public Contracts Regulations 2015.
VII.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
The Council, the ‘Contracting Authority’ who awarded the framework, could not have foreseen, at the time of the original letting, a global pandemic. In such unforeseen situations, provided the thresholds of the extension are met, it will be lawful to extend.
VII.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 750 000 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 1 125 000 000.00 Currency: GBP