Award

NKDC Leisure Management Services

NORTH KESTEVEN DISTRICT COUNCIL

This public procurement record has 1 release in its history.

Award

14 Oct 2024 at 10:35

Award Notice
Summary of the contracting process

North Kesteven District Council has completed the procurement process for "NKDC Leisure Management Services," awarding the contract to Greenwich Leisure Ltd on 14 October 2024. This procurement falls under the "Recreational, cultural and sporting services" industry category and will be executed within the North Kesteven District (UKF3 region). The procurement was carried out using a "limited" method, specifically negotiated without the publication of a contract notice, due to extreme urgency unforeseen by the contracting authority. The procurement comprised several lots, including sports and physical activity services, with the agency model ensuring that the council retains control while delegating service delivery to the contractor.

This tender provides significant opportunities for businesses involved in recreational, cultural, and sporting services. Companies specialising in managing sports and physical activities, nature parks, and countryside services stand to benefit substantially. As the contract was awarded under a limited procurement process due to urgent needs, businesses with a proven track record and capability to swiftly address and manage such services are especially well-suited to participate in similar future tenders. Large-scale organisations like Greenwich Leisure Ltd, which can ensure compliance with stringent governance and control requirements, likely have an advantage in securing such contracts.

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Notice Information

Notice Title

NKDC Leisure Management Services

Notice Description

Lot 1 - Sports and Physical Activity Services Lot 2 - Natural World Centre - Whisby Nature Park Lot 3 - Countryside Services

Lot Information

Lot 1

Sports and Physical Activity Services via agency agreement.

Procurement Information

The manner of exercising the powers 4.3 There are restrictions on these powers. Section 2(3) of the LA 2011 prevents a local authority from using the general power to make or alter: 4.3.1 arrangements for the discharge of a local authority's functions by committees, joint committees, another authority, or an officer under Part 6 of the Local Government Act 1972; 4.3.2 arrangements for local authority governance in England under Part 1A of the Local Government Act 2000 (as inserted by the LA 2011); or 4.3.3 any other contracting-out arrangements, or other arrangements that authorise a person to exercise a function of a local authority. 4.4 The effect of these provisions, particularly the provision described at paragraph 4.3.3, is that NKDC cannot enter into a contract which divests the authority of its statutory powers or obliges the authority not to exercise its powers. This means that the varied contract establishing the Agency Model should not be capable of being interpreted as a delegation of power. It must be a genuine agency relationship. THL.164904104.3 6 LPS.108654.00001 4.5 An agent is a tool through which the principal acts, without any loss of control or direction. A delegate exercises a degree of discretion in performing the functions of the delegator on its behalf. 4.6 Provided that the amended contract establishes a genuine agency model, our view is that NKDC would not be acting outside of its vires by engaging GLL as its agent to provide leisure services. There is supporting case law for this point, which sets out that a genuine agency arrangement will not be a delegation of power: "The general principle is that when a statute gives someone the right to invoke some legal procedure by giving a notice or taking some other formal step, he may either do so in person or authorise someone else to do it on his behalf." (General Legal Council ex parte Whitter v Frankson [2006] UKPC 42 (per Lord Hoffmann at [4]).) 4.7 It will be vital that the amended contract not only refers to GLL as NKDC's agent, but also ensures that this is reflected in the substance of GLL's obligations, i.e. the degree of control that NKDC retains and the scope of discretion that GLL is given to deliver the services. We would be happy to assist with this point. 4.8 Provided that a delegation of power is avoided, our view is that NKDC has the power to enter into the Agency Model.

Notice Details

Publication & Lifecycle

Open Contracting ID
ocds-h6vhtk-04abb2
Publication Source
Find A Tender Service
Latest Notice
https://www.find-tender.service.gov.uk/Notice/032943-2024
Current Stage
Award
All Stages
Award

Procurement Classification

Notice Type
Award Notice
Procurement Type
Standard
Procurement Category
Services
Procurement Method
Limited
Procurement Method Details
Negotiated without publication of a contract notice
Tender Suitability
Not specified
Awardee Scale
Large

Common Procurement Vocabulary (CPV)

CPV Divisions

92 - Recreational, cultural and sporting services

CPV Codes

92000000 - Recreational, cultural and sporting services

Notice Value(s)

Tender Value
Not specified
Lots Value
Not specified
Awards Value
Not specified
Contracts Value
£1,376,734 £1M-£10M

Notice Dates

Publication Date
14 Oct 20241 years ago
Submission Deadline
Not specified
Future Notice Date
Not specified
Award Date
13 Oct 20241 years ago
Contract Period
Not specified - Not specified
Recurrence
Not specified

Notice Status

Tender Status
Complete
Lots Status
Not Specified
Awards Status
Active
Contracts Status
Active

Buyer & Supplier

Contracting Authority (Buyer)

Main Buyer
NORTH KESTEVEN DISTRICT COUNCIL
Contact Name
Available with D3 Tenders Premium →
Contact Email
Available with D3 Tenders Premium →
Contact Phone
Available with D3 Tenders Premium →

Buyer Location

Locality
SLEAFORD
Postcode
NG34 7EF
Post Town
Nottingham
Country
England
Major Region (ITL 1)
TLF East Midlands (England)
Basic Region (ITL 2)
TLF3 Lincolnshire
Small Region (ITL 3)
TLF30 Lincolnshire CC
Delivery Location
TLF3 Lincolnshire
Local Authority
North Kesteven
Electoral Ward
Sleaford Navigation
Westminster Constituency
Sleaford and North Hykeham

Supplier Information

Number of Suppliers
1
Supplier Name

GREENWICH LEISURE

Further Information

Open Contracting Data Standard (OCDS)

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The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts. 

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