Section one: Contracting authority/entity
one.1) Name and addresses
Historic Environment Scotland
Longmore House, Salisbury Place
Edinburgh
EH9 1SH
Telephone
+44 1316688866
Fax
+44 1316688877
Country
United Kingdom
NUTS code
UKM75 - Edinburgh, City of
Internet address(es)
Main address
http://historicenvironment.scot
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00164
one.4) Type of the contracting authority
Other type
Non-Departmental Public Body
one.5) Main activity
Other activity
Tourism, Built Environment, Conservation
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Castle of Light Event Production Partner
Reference number
HES/C/4013
two.1.2) Main CPV code
- 79952000 - Event services
two.1.3) Type of contract
Services
two.1.4) Short description
Notice is to advise that Historic Environment Scotland intend to extend our current Castle of Light Event Production Partner HES/C/4013 for 1 further year.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £1,400,000
two.2) Description
two.2.2) Additional CPV code(s)
- 79952100 - Cultural event organisation services
- 79952000 - Event services
two.2.3) Place of performance
NUTS codes
- UKM75 - Edinburgh, City of
Main site or place of performance
Edinburgh Castle
two.2.4) Description of the procurement
Historic Environment Scotland is seeking to extend our current Castle of Light Event Production Partner HES/C/4013 for 1 additional year (2023 event).
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
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
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2019/S 068-159882
Section five. Award of contract/concession
Contract No
HES/C/4013
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
17 February 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
War Productions Ltd
5/6 Broughton Place Lane, Edinburgh
Edinburgh
eh1 3rs
Telephone
+44 01315583824
Fax
+44 01315583665
Country
United Kingdom
NUTS code
- UKM75 - Edinburgh, City of
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £1,400,000
Section six. Complementary information
six.3) Additional information
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)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
Country
United Kingdom