Deed of Variation of Leisure and Active Communities Contract- Agency Model

CPV: Sport-related services · Sports facilities operation 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

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

2 Apr 2025, 17:11 BST

Last source update

2 Apr 2025, 17:11 BST

Authority reference

NHDC 202301-01

FTS notice number

2025/S 000-012630

Classification (CPV)

Sport-related servicesSports facilities operation services

Delivery area

East of England (UKH23)

Official registry OCID

ocds-h6vhtk-04fc45 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Contract modification without prior publication - Regulation 72(1)(e), Public Contracts Regulations 2015

The Council proposes to vary its existing leisure services contract with Sports and Leisure Management Limited (Everyone Active) to implement an agency model. This variation is made in reliance on Regulation 72(1)(e) of the Public Contracts Regulations 2015. The Council has assessed that this modification does not constitute a substantial change for the purposes of Regulation 72(8), for the following reasons:

• The services delivered to the public remain unchanged, and the contract continues to apply to the same facilities and scope.
• The change relates solely to the contractual structure - establishing the Council as principal and the contractor as its agent.
• The contractor remains the same. Any subcontracting to a charitable trust within the contractor's group is within the scope of existing permissions.
• The modification does not shift the economic balance in favour of the contractor. The contractor guarantees an additional financial return and assumes risk of HMRC non-acceptance.
• The Council retains full legal and operational control, ensuring compliance with public law and vires principles.
• The modification is strictly limited to what is necessary to implement the agency structure. There is no alteration to the evaluation criteria or outcome of the original competition.

This VTN/ VEAT notice is published pursuant to Regulation 99(3) of the Public Contracts Regulations 2015. A 10-day standstill period will be observed before execution of the Deed of Variation.

• Sports and Leisure Management Limited (Everyone Active)Awarded supplierGB-COH: 02204085 2 Watling Drive, Sketchley Meadows, Hinkley, East Midlands, LE10 3EY

No document links were published on the notice.