--- title: "NKDC Leisure Management Services" ocid: "ocds-h6vhtk-04abb2" canonical_url: "https://d3tenders.com/contract/?ocid=ocds-h6vhtk-04abb2" markdown_url: "https://d3tenders.com/contract/ocds-h6vhtk-04abb2.md" json_url: "https://d3tenders.com/contract/ocds-h6vhtk-04abb2.json" source: "Find A Tender Service" current_stage: "Award" buyer: "NORTH KESTEVEN DISTRICT COUNCIL" published: "2024-10-14" --- # NKDC Leisure Management Services Buyer: NORTH KESTEVEN DISTRICT COUNCIL Current stage: Award OCID: ocds-h6vhtk-04abb2 [View canonical contract page](https://d3tenders.com/contract/?ocid=ocds-h6vhtk-04abb2) [Download OCDS JSON](https://d3tenders.com/contract/ocds-h6vhtk-04abb2.json) ## Summary 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. ## Notice 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. ## Key Details | Field | Value | | --- | --- | | Publication source | Find A Tender Service | | Latest notice | https://www.find-tender.service.gov.uk/Notice/032943-2024 | | 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 | | All stages | Award | ## Dates | Field | Value | | --- | --- | | Publication date | 14 Oct 2024 | | Submission deadline | Not specified | | Future notice date | Not specified | | Award date | 13 Oct 2024 | | Contract period | Not specified | | Recurrence | Not specified | ## Values | Field | Value | | --- | --- | | Tender value | Not specified | | Lots value | Not specified | | Awards value | Not specified | | Contracts value | £1,376,734 | ## Status | Field | Value | | --- | --- | | Tender status | Complete | | Lots status | Not specified | | Awards status | Active | | Contracts status | Active | ## Buyer | Field | Value | | --- | --- | | Main buyer | NORTH KESTEVEN DISTRICT COUNCIL | | Locality | SLEAFORD | | Post town | Nottingham | | Postcode | NG34 7EF | | Country | England | | ITL 1 | TLF East Midlands (England) | | ITL 2 | TLF3 Lincolnshire | | ITL 3 | TLF30 Lincolnshire CC | | Local authority | North Kesteven | | Electoral ward | Sleaford Navigation | | Westminster constituency | Sleaford and North Hykeham | | Delivery location | TLF3 Lincolnshire | ## Supplier | Field | Value | | --- | --- | | Number of suppliers | 1 | | Supplier names | GREENWICH LEISURE | ## CPV Codes ### Divisions - 92 - Recreational, cultural and sporting services ### Codes - 92000000 - Recreational, cultural and sporting services ## Release History - 14 Oct 2024 at 10:35 - Award - Award Notice - https://www.find-tender.service.gov.uk/Notice/032943-2024 ## Notice URLs - https://www.n-kesteven.gov.uk/ ## Provenance This Markdown file is an alternate public rendering of the D3 Tenders contract record. The canonical page is https://d3tenders.com/contract/?ocid=ocds-h6vhtk-04abb2. The underlying structured data is available as OCDS JSON at https://d3tenders.com/contract/ocds-h6vhtk-04abb2.json.