Healthy living partnering project - re-issue of contract award notice

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        "title": "Healthy living partnering project - re-issue of contract award notice",
        "description": "NOTE: this is a re-issuing of a previous contract award notice issued in 2012 in relation to a contract award in 2012, and does not relate to an award of a new contract - see notice details for further information. In 2012, following a public procurement exercise utilising competitive dialogue process and advertised pursuant to contract notice reference 2011/S 35-057904 dated 19 February 2011, Bridgend County Borough Council (the \"Council\") awarded a contract to a partner organisation - Greenwich Leisure Ltd (GLL) - to deliver leisure management services within the County Borough of Bridgend (the \"Contract\"). The Contract included the direct management of a number of existing facilities and the provision of investment to enhance such facilities. The Contract was awarded for a period 15 years from 1st April 2012 to 31 March 2027. The award of the Contract was published pursuant to a contract award notice published on OJEU in 2012 (the \"Original CAN\"). The Original CAN has since been archived from OJEU and is no longer accessible and nor has the Council retained a copy of the Original CAN. The Council now wishes to modify the contract that was awarded pursuant to the Original CAN and issue a contract modification notice pursuant to regulation 72 of the Public Contracts Regulations 2015. However, in order to allow the Council to publish such contract modification notice the Sell2Wales and Central Digital Platform require an extant contract award notice to be in existence and without an extant contract award notice the Council are unable to publish the requisite contract modification notice. Therefore, the Council is now re-issuing this contract award notice in addition to the Original CAN in order to allow it to publish the required contract modification notice. Therefore the publication of this contract award notice is an administrative task to allow the Council to publish the requisite contact modification notice. For the avoidance of any doubt, the Council has not awarded any new contract pursuant to this contract award notice and the award of the original Contract remains (and the Contract continues in force to date). The Council will in due course publish a contract modification notice in relation to the modification to be made to the Contract.",
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                "title": "Healthy living partnering project - re-issue of contract award notice",
                "description": "NOTE: this is a re-issuing of a previous contract award notice issued in 2012 in relation to a contract award in 2012, and does not relate to an award of a new contract - see notice details for further information. In 2012, following a public procurement exercise utilising competitive dialogue process and advertised pursuant to contract notice reference 2011/S 35-057904 dated 19 February 2011, Bridgend County Borough Council (the \"Council\") awarded a contract to a partner organisation - Greenwich Leisure Ltd (GLL) - to deliver leisure management services within the County Borough of Bridgend (the \"Contract\"). The Contract included the direct management of a number of existing facilities and the provision of investment to enhance such facilities. The Contract was awarded for a period 15 years from 1st April 2012 to 31 March 2027. The award of the Contract was published pursuant to a contract award notice published on OJEU in 2012 (the \"Original CAN\"). The Original CAN has since been archived from OJEU and is no longer accessible and nor has the Council retained a copy of the Original CAN. The Council now wishes to modify the contract that was awarded pursuant to the Original CAN and issue a contract modification notice pursuant to regulation 72 of the Public Contracts Regulations 2015. However, in order to allow the Council to publish such contract modification notice the Sell2Wales and Central Digital Platform require an extant contract award notice to be in existence and without an extant contract award notice the Council are unable to publish the requisite contract modification notice. Therefore, the Council is now re-issuing this contract award notice in addition to the Original CAN in order to allow it to publish the required contract modification notice. Therefore the publication of this contract award notice is an administrative task to allow the Council to publish the requisite contact modification notice. For the avoidance of any doubt, the Council has not awarded any new contract pursuant to this contract award notice and the award of the original Contract remains (and the Contract continues in force to date). The Council will in due course publish a contract modification notice in relation to the modification to be made to the Contract.",
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                "description": "Bridgend County Borough Council (the Authority) intends to enter into a deed of variation (DoV) with Greenwich Leisure Limited (the Delivery Partner) in relation to the leisure operating concession contract for the Authority's 8 leisure facilities (the Agreement). The DoV will extend the duration of existing leisure operating contracts between the Authority and the Delivery Partner and to make certain changes summarised in this Contract Modification Notice. For the avoidance of doubt, the Authority is not entering into a new contract but varying the existing Agreement. The Agreement were originally procured under the Public Contracts Regulations 2006 and by way of contract notice 57904-2011-EN dated on 19 February 2011.",
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                    "description": "In 2012 the Authority appointed the Delivery Partner to manage and operate the Authority's leisure portfolio. The Agreement was for a period of 15 years from 31st March 2012 to expire on 31st March 2027. It concerns the provision of a range of management and related services by the Delivery Partner in relation to 8 leisure facilities. The Authority intends to enter a deed of variation with the Delivery Partner to modify the Agreement, the effect of which will be to extend the expiry date by 5-years to 31st March 2032 and to give effect to other ancillary changes to the Agreement (and associated leases). The Authority needs time to determine the future model for delivery of the services including the operation and management of the facilities, the facilities in scope, targeted outcomes and indeed the affordability of services in the highly challenging budget context. The Authority has procured a partner organisation to develop the next Active Bridgend strategy (to include leisure infrastructure and other broader opportunities that support community activity and wellbeing which will help the Authority identify its longer-term strategy). The post-pandemic market indicates that the current market is volatile and allowing time for conditions to settle makes sense and may pay dividends in the long run. Following the development of the strategy, the Authority will require time to consider and then implement such strategy. If the strategy suggests that the operation of the facilities should be outsourced then a competitive procurement exercise will be undertaken which will take a considerable period of time. Additionally, the \"lost years\" of the COVID-19 pandemic has had a significant impact. The pandemic caused significant disruption to the leisure sector and also the need for progressive rebuilding of services and related income to support operational costs when Governmental hardship-related support was curtailed. Due to national restrictions and public caution there has been reduced benefit to the Authority in terms of usage by the public, investment into assets and the development of new services that had been anticipated. Service development aspirations have been sidetracked, commercial performance stalled and the overall scope of the Healthy Living Partnership - as originally defined in 2011 - considerably affected. Extending the partnership would allow the initial aspirations and objectives to be realised (including community outcomes, social benefits as well as commercial return on investment initially planned but would not be possible without the extension). The Authority have determined that due to those circumstances that could not have been reasonably foreseen an extension of 5-years is now required to allow the Authority to focus on the longer term provision when the facilities may need major investment. The period of 5-years is deemed necessary and the minimum period required to allow the Authority to develop and implement its new strategy and if required undertake a competitive procurement exercise for any replacement contract. The charging mechanisms under the Agreement will remain the same for the extended period. The Authority will continue to pay a Management Fee to the Delivery Partner and the Management Fee payable by the Authority for the extended period will in fact reduce from that currently paid, resulting in savings to the Authority. This Contract Modification Notice gives notice that the Authority is entering into a DoV to modify the Agreement in order to extend the duration of existing leisure operating contracts between the Authority and the Delivery Partner and to make certain changes summarised in this Contract Modification Notice. A further procurement procedure is not necessary on the basis that the modification is permitted pursuant to regulations 43(1)(c) and/or (e) of the Concession Contracts Regulations 2016 and/or regulations 72(1)(c) and/or (e).",
                    "rationale": "Need for additional works, services or supplies by the original contractor/concessionaire: This modification is made in accordance with reg 43(1)(c) CCR 2016 and/or reg 72(1)(c) PCR 2015:1.the proposed modification is necessary due to circumstances that the Authority, acting diligently, could not have foreseen. 2.the modification does not render the Agreement materially different in character 3.The increase in value of the extended duration does not exceed 50% of the value of the original Agreement. Additionally/alternatively, this modification is not a substantial modification (reg 43(1)(e) CCR 2016 and/or reg 72(1)(e) PCR 2015) as it does not:1.render the Agreement materially different in character. 2.introduce conditions which would have (a) allowed for the admission of other candidates, (b) allowed for the acceptance of another tender, or (c) attracted additional participants in the procurement procedure 3.change the economic balance in favour of the contractor in a manner which was not provided for in the contract. 4.considerably extend the scope of the contract."
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