Concession award notice
Results of the procurement procedure
Section I: Contracting
authority/entity
I.1) Name and addresses
Vale of Glamorgan Council
Civic Offices, Holton Road
BARRY
CF63 4RU
UK
Contact person: Yvette Campbell, Procurement Officer
Telephone: +44 1446700111
E-mail: procurement@valeofglamorgan.gov.uk
NUTS: UKL22
Internet address(es)
Main address: http://www.valeofglamorgan.gov.uk
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0275
I.4) Type of the contracting authority
Regional or local authority
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Extension to contract for the provision of Leisure Services to the Vale of Glamorgan Council
II.1.2) Main CPV code
92000000
II.1.3) Type of contract
Services
II.1.4) Short description
Extension to contract for the provision of Leisure Services to the Vale of Glamorgan Council
II.1.5) Estimated total value
Value excluding VAT:
41 000 000.00
GBP
Method used for calculating the estimated value of the concession: (if not specified in other concession documents)
Original value as stated is VAT exclusive which was the legal requirement at that time.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
40 500 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
92000000
II.2.3) Place of performance
NUTS code:
UKL22
Main site or place of performance:
The Vale of Glamorgan
II.2.4) Description of the procurement
Extension and modification to contract for the provision of Leisure Services to the Vale of Glamorgan Council
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 89
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
II.2.14) Additional information
The concession is a 10 year with provision for an extension of 5 years at the Vale of Glamorgan’s leisure centres from 1st August 2012. The contract includes wide modification provisions including specifically the opportunity for a 5 year extension together with modification to the terms or scope of the
contract.
Section IV: Procedure
IV.1) Description
IV.1.1) Form of procedure
Award procedure without prior publication of a concession notice in the cases listed below (please complete Annex D4)
Justification for selected award procedure:
The services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
Explanation
Concession is 10 years at Vale centres from 1.8.12. Contract includes wide modifications, specifically opportunity for 5 year extension together with modification to terms or scope of contract. Extension and other terms agreed in principle and negotiations to implement within contractual provisions progressing but ceased due to Covid recommencing in June 2021. This plus significant recent increase in energy prices, neither of which contracting authority could have foreseen meant that the negotiated terms are outside the provisions for modification in the concession contract (see regulation 43 (1) c) of the CCR).
Provisions outside scope:
Negotiations completed outside the timetable in contract.
Extension for additional 29 months (until 31.12.29).
Limited land swap at Colcot Leisure Centre to remove 5-a-side land and add ATP and associated changes to service specification.
Rebasing of base cost for utilities from concession from 1.1.22 to concession end to average unit cost for each Utility at each Premises from 1.1.19 to 31.12.19 multiplied by total base usage (“Base Usage”) for each Utility at each Premises for 1.6.21 to 31.5.22 (with 4.22 consumption as proxy for 5.22) calculated using consumption and unit cost figures in contract adjusted in accordance with Contract.
Removal of water and sewerage from definition of utilities.
Agreement for energy savings provisions at Cowbridge Leisure Centre on basis of capital investment by the contracting authority and responsibility for energy split with 95% the responsibility of the concessionaire and its sub-contractor.
Approximately GBP 600,000 to be spent by Concessionaire on fitness and other equipment plus associated capital works at the leisure centres.
Agreement in principle for a surrender of part of Penarth Leisure Centre together with associated contractual variations.
Revised revenue payment arrangements from contracting authority to concessionaire to take account of additional 60 months and 29 months.
Minor modifications together not substantial within the meaning of the CCR 2016.
IV.1.11) Main features of the award procedure:
See under the answer above
Section V: Award of contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
14/07/2022
V.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 0
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Parkwood Leisure Ltd
Attwood House, Perdiswell Park
Worcester
WR37NS
UK
Telephone: +44 1905388516
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Initial estimated total value of the contract/lot/concession: 41 000 000.00 GBP
Total value of the concession/lot:
49 500 000.00
GBP
Any other details relevant to the value of the concession according to Art. 8(3) of the directive:
An additional GBP 600,000 to be spent by the Concessionaire on new fitness and other equipment together with associated capital works. Total Final value of concession including VAT GBP 49800000
Section VI: Complementary information
VI.3) Additional information
Please see the previous explanation for further details.
Where applicable, modification of value of the concession, including increase in prices or fees caused by the modification:
The value of the original contract was approximately GBP 40,500,000.00.
The modification value for the 2 year 5 month extension: approximately GBP 9,000,000.00
Please note in response to the 2022 requirement to include VAT, the modification costs are GBP 9.3 millions for the 2 years 5 months
(WA Ref:123169)
VI.4) Procedures for review
VI.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
UK
Telephone: +44 2079477501
VI.5) Date of dispatch of this notice
18/07/2022