Find a TenderAwarded
Published 14 Oct 2024, 11:35 BST

Official UK procurement notice

NKDC Leisure Management Services

Official notice

Authority: North Kesteven District Council (Local council)

ServicesNegotiated without publication of a contract notice
Awarded value£1,376,734published contract · exc. VAT
Awarded 14 Oct 2024
Awarded to Greenwich Leisure Limited

What is being bought

Published requirement description

Lot 1 - Sports and Physical Activity Services

Lot 2 - Natural World Centre - Whisby Nature Park

Lot 3 - Countryside Services

CPV: Recreational, cultural and sporting services

The lotProcurement structure

single lot · no lot value published
Lot #1Sports and Physical Activity Services via agency agreement

Procedure terms & legal framework

From the official record
Procedure method
Negotiated without publication of a contract notice
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Services
Notice status
Awarded
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Competitive procedure
GPA / WTO covered
Unspecified in notice
Recurring procurement
Unspecified in notice
First published
14 Oct 2024, 11:35 BST
Last source update
14 Oct 2024, 11:35 BST
Authority reference
DN251222
FTS notice number
2024/S 000-032943
Classification (CPV)
Recreational, cultural and sporting services
Delivery area
East Midlands (UKF3)
Official registry OCID
ocds-h6vhtk-04abb2 Find a Tender
Why no open competition

Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the directive

Published justification

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.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £1,376,7341 contract exc. VAT
Contracts signed 1latest 14 Oct 2024
Awarded toValueDateStatus
Greenwich Leisure Limited£1,376,734 †—Awarded

Contracts

Contracting authority & participating public bodies

North Kesteven District Council

Contracting authorityLocal CouncilRegional or local authorityGeneral public services District Council Offices, Kesteven Street, Sleaford, East Midlands, NG34 7EFContact name, email, phone

Bidders & participating suppliers

1 commercial party on the notice
  • Greenwich Leisure LtdAwarded supplier Middlegate House, The Royal Arsenal, Woolwich, London, East Midlands, SE18 6SXContact email

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.