{ "tag": [ "compiled" ], "id": "ocds-h6vhtk-0675e7-2026-03-27T09:03:32Z", "date": "2026-03-27T09:03:32Z", "ocid": "ocds-h6vhtk-0675e7", "description": "This modification is being made in accordance with regulation 43(1)(e) and 43(9) of the Concession Contracts Regulations 2016. Namely, the proposed modification is not substantial within the meaning of regulation 43(9) on the basis that: 1. the modification does not render the Underlying Contracts materially different in character - the proposed modification remains limited to the same type, scope and nature of services, where the operating cost risk remains with the Contractor, and the services will be delivered to the same facilities. The modifications only concern contractual changes to establish an agency model for VAT purposes and other ancillary modifications. 2. the Council has satisfied itself that the modification does not 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 - the change to an agency model for VAT purposes does not change the service requirement or the way in which those services are provided, and is unlikely to have changed the outcome of the procurement. 3. The modification does not change the economic balance in favour of the contractor in a manner which was not provided for in the contract - The Authority has satisfied itself that the new agency model and VAT arrangement does not impact on EA's payment under the Underlying Contracts, which remains reflective of market costs and does not amount to an over-compensation of the services to be provided. The agency model will allow for a more certain financial position to the Authority and will provide a greater surplus share than previously anticipated. 4. As per our comments at 1. above, the modification does not extend the scope of the contract. For the reasons set out above, the proposed modification does not constitute a substantial modification and is permitted by regulation 43(1)(e) and 43(9) of the Concession Contracts Regulations 2016.", "initiationType": "tender", "tender": { "id": "OJ S 94/2017 17/05/2017", "legalBasis": { "id": "32014L0023", "scheme": "CELEX" }, "title": "WDC - Leisure Services Contract 2017.", "classification": { "scheme": "CPV", "id": "92000000", "description": "Recreational, cultural and sporting services" }, "mainProcurementCategory": "services", "lots": [ { "id": "1", "description": "The Authority appointed the Contractor to provide the leisure services pursuant to Leisure Operating Contracts and Leases, for the management and operation of the Council's leisure portfolio. The Authority intends to enter a deed of variation with the Contractor to modify the Leisure Operating Contracts, the effect of which will be the following: * To identify the agency agreement between the parties, the extent to which the Contractor will act as the Authority's Agent, and areas where it will act as Principal; * Reference to the Contractor acting as the Agent of the Authority will be inserted into the definition of Leisure Services; * To articulate a process by which the Contractor will communicate and transfer the customer income collected as the Agent; * The modifications give effect to other ancillary changes to the Underlying contracts to adopt the agency model, that are not considered to be substantial.", "contractPeriod": { "durationInDays": 5400 } } ], "items": [ { "id": "1", "deliveryAddresses": [ { "region": "UKG13" } ], "relatedLot": "1" } ] }, "awards": [ { "id": "028264-2026-WDC0108-1", "relatedLots": [ "1" ], "status": "active", "suppliers": [ { "id": "GB-COH-2204085", "name": "Sports and Leisure Management Ltd" } ] } ], "parties": [ { "id": "GB-FTS-178687", "name": "Warwick District Council", "identifier": { "legalName": "Warwick District Council", "noIdentifierRationale": "notOnAnyRegister" }, "address": { "streetAddress": "Town Hall, Parade", "locality": "Leamington Spa", "region": "UKG13", "postalCode": "CV324AT", "countryName": "United Kingdom" }, "contactPoint": { "name": "Rebecca Reading", "email": "procurement.purchasing@warwickdc.gov.uk" }, "roles": [ "buyer" ], "details": { "url": "http://www.warwickdc.gov.uk" } }, { "id": "GB-COH-2204085", "name": "Sports and Leisure Management Ltd", "identifier": { "legalName": "Sports and Leisure Management Ltd", "id": "2204085", "scheme": "GB-COH" }, "address": { "streetAddress": "2 Watling Drive", "locality": "Hinckley", "region": "UKF2", "postalCode": "LE10 3EY", "countryName": "United Kingdom" }, "roles": [ "supplier" ], "details": { "url": "http://www.everyoneactive.com", "scale": "large" } }, { "id": "GB-FTS-136", "name": "High Court of England and Wales", "identifier": { "legalName": "High Court of England and Wales" }, "address": { "locality": "London", "countryName": "United Kingdom" }, "roles": [ "reviewBody" ] } ], "buyer": { "id": "GB-FTS-178687", "name": "Warwick District Council" }, "contracts": [ { "id": "028264-2026-WDC0108-1", "awardID": "028264-2026-WDC0108-1", "status": "active", "value": { "amount": 10000000, "currency": "GBP" }, "dateSigned": "2017-04-28T00:00:00+01:00", "period": { "durationInDays": 5400 }, "items": [ { "id": "1", "classification": { "scheme": "CPV", "id": "92000000", "description": "Recreational, cultural and sporting services" }, "deliveryAddresses": [ { "region": "UKG13" } ], "relatedLot": "1" } ], "amendments": [ { "id": "1", "description": "This modification is being made in accordance with regulation 43(1)(e) and 43(9) of the Concession Contracts Regulations 2016. Namely, the proposed modification is not substantial within the meaning of regulation 43(9) on the basis that: 1. the modification does not render the Underlying Contracts materially different in character - the proposed modification remains limited to the same type, scope and nature of services, where the operating cost risk remains with the Contractor, and the services will be delivered to the same facilities. The modifications only concern contractual changes to establish an agency model for VAT purposes and other ancillary modifications. 2. the Council has satisfied itself that the modification does not 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 - the change to an agency model for VAT purposes does not change the service requirement or the way in which those services are provided, and is unlikely to have changed the outcome of the procurement. 3. The modification does not change the economic balance in favour of the contractor in a manner which was not provided for in the contract - The Authority has satisfied itself that the new agency model and VAT arrangement does not impact on EA's payment under the Underlying Contracts, which remains reflective of market costs and does not amount to an over-compensation of the services to be provided. The agency model will allow for a more certain financial position to the Authority and will provide a greater surplus share than previously anticipated. 4. As per our comments at 1. above, the modification does not extend the scope of the contract. For the reasons set out above, the proposed modification does not constitute a substantial modification and is permitted by regulation 43(1)(e) and 43(9) of the Concession Contracts Regulations 2016.", "rationale": "Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee: COVID 19 massively effected the provision of Leisure Services and impacted significantly on Leisure Service Providers. Following a reflection on these impacts, an alternative model of operation, identified an opportunity to make the running of the contract more financially effective to both the Council and the supplier." } ] } ], "links": [ { "rel": "prev", "href": "https://ted.europa.eu/udl?uri=TED:NOTICE:184604-2017:TEXT:EN:HTML" } ], "language": "en" }