Epping Forest District Council: Leisure Management Contract

UK-Epping: Construction work for buildings relating to leisure, sports, culture, lodging and restaurants.

Preliminary Questions
   This notice is published by:
   Directive 2014/24/EU

Section I: Contracting authority/entity

I.1) Name and addresses
       Epping Forest District Council
       Civic Offices, Epping, CM16 4BZ, United Kingdom
       Tel. +44 1992564000, Email: procurement@eppingforestdc.gov.uk
       Main Address: www.eppingforestdc.gov.uk
       NUTS Code: UKH3

I.4) Type of the contracting authority (in the case of a notice published by a contracting authority)
      Regional or local authority

I.5) Main Activity (in the case of a notice published by a contracting authority)
      General public services


Section II: Object

II.1) Scope of the procurement
   
   II.1.1) Title: Leisure Management Contract.
      Reference number: Not Provided
      
   II.1.2) Main CPV code:
      45212000 - Construction work for buildings relating to leisure, sports, culture, lodging and restaurants.
   
   II.1.3) Type of contract: WORKS
   
   II.1.4) Short Description: EFDC let a contract in 2017 to deliver leisure management services on its behalf to include Design, Build, Operate and Maintain of a new facility to replace Waltham Abbey Swimming Pool, long term operation and investment in Epping Sports Centre, Ongar Sports Centre and Loughton Leisure Centre and included an option to build a new leisure centre in North Weald. The location of the new centre has since changed from North Weald to Epping, and EFDC are making a variation to the contract to reflect the location, build and operation changes as well as accepting and incorporating the Design, Build, Operate and Maintain option for the new site into the existing contract.
   
   II.1.6) Information about lots
      This contract is divided into lots: No

   II.1.7) Total value of the procurement (excluding VAT)
      Value: 25,000,000      
      Currency: GBP


II.2) Description

   II.2.2) Additional CPV codes:
      Not provided

   II.2.3) Place of performance:
      UKH3 Essex
   
   
   II.2.4) Description of the procurement:
    EFDC let a contract in 2017 to deliver leisure management services on its behalf to include the Design, Build, Operation and Maintenance of a new facility to replace Waltham Abbey Swimming Pool, long term operation and investment in Epping Sports Centre, Ongar Sports Centre and Loughton Leisure Centre and included an option to build a new leisure centre in North Weald. The location of the new centre has since changed from North Weald to Epping, and EFDC are making a variation to the contract to reflect the location build and operation changes as well as accepting and incorporating the Design, Build, Operate and Maintain option for the new site into the existing contract.    
   
   II.2.5) Award criteria
   (Directive 2014/24/EU / Directive 2014/25/EU)
               
    Not provided       
      
      
   II.2.11) Information about options:
      Options:    No       
   
   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:
    Not provided    
      
Section IV: Procedure

IV.1) Description
   
   IV.1.1) Type of procedure: Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below         
   
   IV.1.3) Information about framework agreement
         The procurement involves the establishment of a framework agreement: No    
   
   IV.1.8) Information about the Government Procurement Agreement (GPA)
         The procurement is covered by the Government Procurement Agreement: No
         
IV.2)Administrative Information

   IV.2.1) Previous publication concerning this procedure:
      Notice number in OJ S: 2015/S 214 - 391395       
   
Section V: Award Of Contract/Concession
      
Award of Contract/Concession No: 1
Contract No: Not Provided    Lot Number: Not Provided    Title: Not Provided

V.2) Award of contract/concession
      
      V.2.1) Date of contract award decision: 01/04/2021.
      
      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, No. 1:
          Places for People Leisure Management Limited, 02585598
       80 Cheapside, London, EC2V 6EE, United Kingdom
       NUTS Code: UKI
   The contractor/concessionaire will be an SME: No    
   
         
      V.2.4) Information on value of the contract/lot/concession:
         Initial estimated total value of the contract: 25,000,000          
         Total value of the contract/lot/concession 25,000,000         
         Currency: GBP

      V.2.5) Information about subcontracting:
         The contract is likely to be subcontracted: No          


Section VI: Complementary Information

   VI.3) Additional Information:
      To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=585008260
GO-2021524-PRO-18289572 TKR-2021524-PRO-18289571   
   VI.4) Procedures for review
   
      VI.4.1) Review Body
          Epping Forest District Council
       Civic Offices, Epping, CM16 4BZ, United Kingdom
       Tel. +44 1992564000
   
      V1.4.2) Body responsible for mediation procedures:
         Not Provided .

      VI.4.3) Review procedure
      Not Provided    
      
      VI.4.4) Service from which information about the review procedure may be obtained
         Not Provided
   
   VI.5) Date of dispatch of this notice: 24/05/2021


Annex D1 - General Procurement
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2014/24/EU


2. Other justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union

   The procurement falls outside the scope of application of the directive: Yes

3. Explanation

   Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is
   lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
   EFDC let a contract in April 2017 for the Management of Leisure Facilities to Places for People Leisure Management Ltd. As per paragraphs 1.1 and 1.2 of Schedule 33 of the Contract and as per the Descriptive Document issued during the tender process to all bidders, if the Authority wished to develop a new leisure centre in North Weald, it was required to invite the Contractor to submit a proposal for the “Design Build Operate and Maintenance” of that centre. Thereupon the Authority and the Contractor were obliged to agree a time scale for the delivery of such a proposal. Accordingly, the Contract conferred a first option on the Contractor to bid for those works.

EFDC is making a variation to the contract in order to accept and incorporate the Design, Build, Operation and Maintenance of a new Leisure Centre in Epping with Places for People Leisure Management Ltd.

Since the contract was let, the site of the proposed new centre has been changed from North Weald to Epping.

In accordance with Regulation 72(1)(e), EFDC does not believe that the variation to change the location of the site from North Weald to Epping constitutes a substantial variation because, geographically, the two locations are in close proximity and are to serve a similar catchment area for leisure services

In accordance with Regulation 72(1)(e), EFDC does not believe that the variation to require Places for People Leisure Management Ltd. to design and construct the new leisure facility to replace existing facilities in Epping and Ongar constitutes a substantial variation. In accordance with Regulation 72(1)(e), EFDC also does not believe that the variation to give effect to the closure of the two existing leisure centres at Epping and Ongar and add the new leisure centre into the operational arrangements for the Contract constitutes a substantial variation. This is because the option was provided for in the original tender documentation, and because the new facility is an extension of the existing design and build arrangement and does not substantially divert from it.