Management of Attleborough Leisure Centre

The Council has identified the following known risks that may arise during the term of the contract.

Operators are expected to take full account of the following risks in their pricing, programming, mobilisation, and financial planning:

• Impact of LGR - including the assignment or novation of the Contract to a successor unitary Council as outlined in Section 1.8
• Development of the Attleborough area – Development and changing demographics of the Attleborough area which could impact positively or negatively on demand and revenues.
• Investment risk – any capital investment assumptions built into the operator’s financial model may need to be adjusted if projects are deferred or cancelled

It is intended that the following risks will be shared between the parties:

• Pandemic / Endemic - There is a continuing risk that future pandemic or endemic public health events (e.g. COVID-19 or similar) may impact operations, service delivery, staffing, and user demand, although it is not believed that full lockdowns will be implemented. The Council will expect Operators to have appropriate contingency measures and business continuity plans in place to manage and mitigate the financial and operational impacts of such events. Any impact on the LOBTA will be managed by the parties via the change in law clauses in the Contract.

It is intended that the following risks will be borne by the Council, although the Operator must mitigate the impact in its operations and financial planning.

• Construction and Capital Works Risk – There is a risk that planned construction or capital improvement works may be delayed, phased differently than originally anticipated, or not proceed at all. Suppliers may need to mobilise services within existing facilities for longer than planned or adjust mobilisation timetables if construction is delayed. Suppliers should consider construction uncertainty in their pricing, programming, and mobilisation plans.

Revenue and demand risk – delays in facility improvements may impact income forecasts, participation growth, and business plan assumptions.

Repairs and Maintenance (Academy Responsibility) – Responsibility for building repairs and maintenance lies with the Academy under the terms of the Joint Use Agreement. There is a risk to if such repairs are not undertaken, delayed, or not actioned in a timely manner, which may impact the Operator’s ability to deliver services as specified. Suppliers should consider how this risk may impact mobilisation, operational planning, and include mitigation strategies, recognising that delays or failures in building maintenance may affect access, service continuity, and customer experience.

The Council has identified the risks above associated with the delivery of this contract. In accordance with Schedule 8 of the Procurement Act 2023, the Council reserves the right to modify the contract, without initiating a new procurement procedure, should any of these known risks materialise during the contract term.

Any such modification will be limited to addressing the consequences of the known risk and will not alter the overall nature of the contract. Where applicable a Contract modification notice will be published in accordance with the requirements of the Act.