Castle of Light Event Production Partner

CPV: Cultural event organisation services · Event services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

27 Feb 2023, 10:21 GMT

Last source update

27 Feb 2023, 10:21 GMT

Authority reference

HES/C/4013

FTS notice number

2023/S 000-005652

Classification (CPV)

Cultural event organisation servicesEvent services

Delivery area

Scotland (UKM75)

Official registry OCID

ocds-h6vhtk-03ac0e Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Modification of a contract under Regulation 72(1)(e) (not substantial) of the Public Contracts (Scotland) Regulations 2015.

Justification for selected award procedure:

The original contract was for a production partner to run a 21-night event and was to subsist from May 2019 until 31 January 2020. The contract allowed for two extensions to cover the events in the coming two years, and for a maximum period of 3 years, which extensions were exercised to cover the events in 2021 and 2022.

The performance of the contract has been severely impacted by the Covid pandemic, such that:-

i) 2019 event took place prior to any pandemic restrictions;

ii) 2020 event was cancelled;

iii) 2021 event was disrupted due to the restrictions in place at the time;

iv) 2022 event took place without restrictions.

Historic Environment Scotland has therefore concluded that the extension of the contract to cover the 2023 event is not substantial in terms of Regulation 72(1)(e) for the following reasons:-

• The extension does not render the contract materially different in character from the one initially procured. There will be no change to the scope of the services, only a short term extension to cover the 2023 event.
• It does not introduce conditions which would have allowed for the admission of candidates other than those initially selected, allowed for acceptance of a tender other than that originally accepted or attracted additional participants in the procurement procedure.
• Given the disruption faced by the contractor during the period of the contract (outlined above), it does not change the economic balance of the contract in favour of the contractor. The extension will allow for a commercial evaluation of three undisrupted events, as had originally been planned under the original contract;
• it does not extend the scope of the contract considerably given that the extension covers one additional year in a three year contract, during which period a fresh procurement will take place for future events

Publisher note: The total value of contract covering April 2019 to January 2024 will be GBP 1400000, the contract extension period covering March 2023 to January 2024 value is GBP 350000. Historic Environment Scotland intend to tender this contract late 2023 for the Castle of Light Event in 2024 and beyond. NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=723285. (SC Ref:723285)

• War Productions LtdAwarded supplier 5/6 Broughton Place Lane, Edinburgh, Edinburgh, Scotland, eh1 3rsContact phoneShow contact details

No document links were published on the notice.