ANDBC Pre-Qualification Questionnaire - Operator of Bangor Marina and Harbour, Co Down, Northern Ireland

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-041774-2024-04-22T15:09:16+01:00",
    "date": "2024-04-22T15:09:16+01:00",
    "ocid": "ocds-h6vhtk-041774",
    "initiationType": "tender",
    "tender": {
        "id": "ocds-h6vhtk-041774",
        "legalBasis": {
            "id": "32014L0023",
            "scheme": "CELEX"
        },
        "title": "ANDBC Pre-Qualification Questionnaire - Operator of Bangor Marina and Harbour, Co Down, Northern Ireland",
        "status": "unsuccessful",
        "classification": {
            "scheme": "CPV",
            "id": "98362000",
            "description": "Port management services"
        },
        "mainProcurementCategory": "services",
        "description": "Situated on the Belfast Lough, Bangor Marina and Harbour is one of the largest 5 Gold Anchor accredited marina developments on the island of Ireland. The 541-berth marina is accessible 24/7 at all states of tide and is home to an active fleet of leisure and commercial vessels. The marina attracts a considerable number of visiting vessels annually and is a real focal point within the City of Bangor, Co. Down. The operation of the Marina and Harbour has been outsourced to a private operator since 1 April 2008 with the latest agreement due to expire on 30 September 2024. An opportunity now exists for an experienced operator to take on the management of Bangor Marina and Harbour for the next 50.5 years.",
        "value": {
            "amount": 100000000,
            "currency": "GBP"
        },
        "lots": [
            {
                "id": "1",
                "description": "Situated on the Belfast Lough, Bangor Marina and Harbour is one of the largest 5 Gold Anchor accredited marina developments on the island of Ireland. The 541-berth marina is accessible 24/7 at all states of tide and is home to an active fleet of leisure and commercial vessels. The marina attracts a considerable number of visiting vessels annually and is a real focal point within the City of Bangor, Co. Down. The operation of the Marina and Harbour has been outsourced to a private operator since 1 April 2008 with the latest agreement due to expire on 30 September 2024. An opportunity now exists for an experienced operator to take on the management of Bangor Marina and Harbour for the next 50.5 years.",
                "value": {
                    "amount": 100000000,
                    "currency": "GBP"
                },
                "contractPeriod": {
                    "durationInDays": 18180
                },
                "status": "cancelled",
                "hasOptions": false,
                "awardCriteria": {
                    "criteria": [
                        {
                            "name": "Not Applicable"
                        }
                    ]
                }
            }
        ],
        "items": [
            {
                "id": "1",
                "additionalClassifications": [
                    {
                        "scheme": "CPV",
                        "id": "79420000",
                        "description": "Management-related services"
                    },
                    {
                        "scheme": "CPV",
                        "id": "98360000",
                        "description": "Marine services"
                    }
                ],
                "deliveryAddresses": [
                    {
                        "region": "UKN09"
                    },
                    {
                        "region": "UKN09"
                    },
                    {
                        "region": "UKN09"
                    },
                    {
                        "region": "UKN09"
                    }
                ],
                "relatedLot": "1"
            }
        ],
        "submissionMethod": [
            "written"
        ],
        "documents": [
            {
                "id": "economic",
                "documentType": "economicSelectionCriteria"
            },
            {
                "id": "technical",
                "documentType": "technicalSelectionCriteria"
            }
        ],
        "tenderPeriod": {
            "endDate": "2023-12-11T12:00:00Z"
        },
        "submissionTerms": {
            "languages": [
                "en"
            ]
        },
        "hasRecurrence": false,
        "reviewDetails": "Ards and North Down Borough Council will incorporate a minimum 10 calendar day Standstill Period following electronic notification to unsuccessful applicants of the award decision.",
        "amendments": [
            {
                "id": "1",
                "unstructuredChanges": [
                    {
                        "oldValue": {
                            "text": "600"
                        },
                        "newValue": {
                            "text": "606"
                        },
                        "where": {
                            "section": "II.2.7)"
                        }
                    }
                ]
            }
        ],
        "procurementMethod": "limited",
        "procurementMethodDetails": "Award procedure with prior publication of a call for competition",
        "coveredBy": [
            "GPA"
        ],
        "procurementMethodRationaleClassifications": [
            {
                "scheme": "TED_PT_AWARD_CONTRACT_WITHOUT_CALL",
                "id": "D_OUTSIDE_SCOPE",
                "description": "The procurement falls outside the scope of application of the directive"
            }
        ],
        "procurementMethodRationale": "The Council recently ran a competition (Notice reference: 2023/S 000-033334) for the appointment of an operator for Bangor Marina and Harbour which was unsuccessful. The Council intends to re-tender the competition within the next few weeks after the publication of this notice. Therefore, to allow sufficient time to run a new competition and to give berth holders certainty over their licence renewals, the Council intends to modify the existing agreement by extending it for a further six months until 31 March 2025 with an option to extend for a further twelve-month period (1 April 2025 to 31 March 2026) by agreement, if deemed necessary. This proposed extension will also allow sufficient time for the transition period required by any potential new operator. The proposed modification is in accordance with Regulation 43 of the Concession Contracts Regulations 2016. In particular, the Council is content that the modification is permitted under Regulation 43(1)(c) of the Concession Contracts Regulations where all of the following conditions have been fulfilled-- (i)the need for modification has been brought about by circumstances which a diligent contracting authority or utility could not have foreseen, (ii)the modification does not alter the overall nature of the concession contract, (iii)in the case of a concession contract awarded by a contracting authority, any increase in value does not exceed 50% of the value of the original concession contract."
    },
    "parties": [
        {
            "id": "GB-FTS-72857",
            "name": "Ards and North Down Borough Council",
            "identifier": {
                "legalName": "Ards and North Down Borough Council"
            },
            "address": {
                "streetAddress": "City Hall, The Castle",
                "locality": "Bangor",
                "region": "UK",
                "postalCode": "BT20 4BT",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "name": "Stephen Brennan",
                "email": "procurement@ardsandnorthdown.gov.uk",
                "url": "https://etendersni.gov.uk/epps"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "https://etendersni.gov.uk/epps",
                "classifications": [
                    {
                        "scheme": "TED_CA_TYPE",
                        "id": "REGIONAL_AUTHORITY",
                        "description": "Regional or local authority"
                    },
                    {
                        "scheme": "COFOG",
                        "id": "01",
                        "description": "General public services"
                    }
                ]
            }
        },
        {
            "id": "GB-FTS-6106",
            "name": "Procurement Manager",
            "identifier": {
                "legalName": "Procurement Manager"
            },
            "address": {
                "streetAddress": "Ards and North Down Borough Council",
                "locality": "Bangor",
                "postalCode": "BT20 4BT",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "procurement@ardsandnorthdown.gov.uk"
            },
            "roles": [
                "reviewBody"
            ]
        },
        {
            "id": "GB-FTS-106998",
            "name": "Boatfolk Marinas Limited",
            "identifier": {
                "legalName": "Boatfolk Marinas Limited"
            },
            "address": {
                "locality": "Southampton",
                "region": "UKJ35",
                "postalCode": "SO31 8AZ",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "info@boatfolk.co.uk"
            },
            "roles": [
                "supplier"
            ],
            "details": {
                "url": "https://boatfolk.co.uk/",
                "scale": "sme"
            }
        },
        {
            "id": "GB-FTS-19862",
            "name": "Procurement Manager",
            "identifier": {
                "legalName": "Procurement Manager"
            },
            "address": {
                "streetAddress": "Ards and North Down Borough Council",
                "locality": "Bangor",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "procurement@ardsandnorthdown.gov.uk"
            },
            "roles": [
                "reviewBody"
            ]
        },
        {
            "id": "GB-FTS-111557",
            "name": "Procurement Manager",
            "identifier": {
                "legalName": "Procurement Manager"
            },
            "address": {
                "streetAddress": "Ards and North Down Borough Council",
                "locality": "Bangor",
                "postalCode": "BT19 7WA",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "email": "procurement@ardsandnorthdown.gov.uk"
            },
            "roles": [
                "reviewBody"
            ]
        }
    ],
    "buyer": {
        "id": "GB-FTS-72857",
        "name": "Ards and North Down Borough Council"
    },
    "language": "en",
    "description": "The total value of the concession at the time of award was PS14,122,506 GBP and was adjusted to PS15,534,756 GBP when taking account of a previous permitted modification. The current modification is estimated to be valued at PS1,412,250 GBP (this includes for both the 6-month extension period and the option of a further 12-month extension period). The total value of the concession contract is now estimated to be PS16,947,006 GBP which equates to approximately 20% of the original contract value. The Council will not modify the contract until after a minimum 10 calendar day standstill period has passed, following the publication of this VEAT notice.",
    "awards": [
        {
            "id": "007217-2024-1",
            "relatedLots": [
                "1"
            ],
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-106998",
                    "name": "Boatfolk Marinas Limited"
                }
            ]
        },
        {
            "id": "012984-2024-1-1",
            "relatedLots": [
                "1"
            ],
            "status": "active",
            "suppliers": [
                {
                    "id": "GB-FTS-106998",
                    "name": "Boatfolk Marinas Limited"
                }
            ]
        },
        {
            "id": "012993-2024-1",
            "relatedLots": [
                "1"
            ],
            "status": "unsuccessful",
            "statusDetails": "unsuccessful"
        }
    ],
    "contracts": [
        {
            "id": "007217-2024-1",
            "awardID": "007217-2024-1",
            "status": "active",
            "value": {
                "amount": 1412250,
                "currency": "GBP"
            },
            "dateSigned": "2024-03-06T00:00:00Z"
        },
        {
            "id": "012984-2024-1-1",
            "awardID": "012984-2024-1-1",
            "status": "active",
            "value": {
                "amount": 16947006,
                "currency": "GBP"
            },
            "dateSigned": "2008-04-01T00:00:00+01:00",
            "period": {
                "durationInDays": 540
            },
            "items": [
                {
                    "id": "1",
                    "classification": {
                        "scheme": "CPV",
                        "id": "98362000",
                        "description": "Port management services"
                    },
                    "deliveryAddresses": [
                        {
                            "region": "UKN09"
                        }
                    ],
                    "relatedLot": "1"
                }
            ],
            "amendments": [
                {
                    "id": "2",
                    "description": "The Council has modified the existing agreement by extending it for a further six months until 31 March 2025 with an option to extend for a further twelve-month period (1 April 2025 to 31 March 2026) by agreement, if deemed necessary.",
                    "rationale": "Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: The Council recently ran a competition (Notice reference: 2023/S 000-033334) for the appointment of an operator for Bangor Marina and Harbour which was unsuccessful. The Council intends to re-tender the competition in due course. Therefore, to allow sufficient time to run a new competition and to give berth holders certainty over their licence renewals, the Council has modified the existing agreement by extending it for a further six months until 31 March 2025 with an option to extend for a further twelve-month period (1 April 2025 to 31 March 2026) by agreement, if deemed necessary. This proposed extension will also allow sufficient time for the transition period required by any potential new operator. The proposed modification is in accordance with Regulation 43 of the Concession Contracts Regulations 2016. A VEAT Notice (2024/S 000-007217) was issued on 6 March 2024 to inform the market of the Council's intention to modify the contract."
                }
            ]
        }
    ]
}