Section one: Contracting authority/entity
one.1) Name and addresses
Ards and North Down Borough Council
City Hall, The Castle
Bangor
BT20 4BT
Contact
Stephen Brennan
procurement@ardsandnorthdown.gov.uk
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
https://etendersni.gov.uk/epps
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Bangor Marina and Harbour Operator
two.1.2) Main CPV code
- 98362000 - Port management services
two.1.3) Type of contract
Services
two.1.4) Short description
This notice is to advise that the Council intends to make a modification to the current marina and harbour operator contract (concession contract).
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: £1,412,250
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKN09 - Ards and North Down
two.2.4) Description of the procurement
The Council intends to make a modification to the current marina and harbour operator contract (concession contract).
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:
The Council recently ran a competition (Notice reference: 2023/S 000-033334) for the appointment of an operator for Bangor Marina and Harbour which was unsuccessful. The Council intends to re-tender the competition within the next few weeks after the publication of this notice.
Therefore, to allow sufficient time to run a new competition and to give berth holders certainty over their licence renewals, the Council intends to modify the existing agreement by extending it for a further six months until 31 March 2025 with an option to extend for a further twelve-month period (1 April 2025 to 31 March 2026) by agreement, if deemed necessary. This proposed extension will also allow sufficient time for the transition period required by any potential new operator.
The proposed modification is in accordance with Regulation 43 of the Concession Contracts Regulations 2016.
In particular, the Council is content that the modification is permitted under Regulation 43(1)(c) of the Concession Contracts Regulations where all of the following conditions have been fulfilled—
(i)the need for modification has been brought about by circumstances which a diligent contracting authority or utility could not have foreseen,
(ii)the modification does not alter the overall nature of the concession contract,
(iii)in the case of a concession contract awarded by a contracting authority, any increase in value does not exceed 50% of the value of the original concession contract.
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: 2023/S 000-033334
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
6 March 2024
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
Boatfolk Marinas Limited
Southampton
SO31 8AZ
Country
United Kingdom
NUTS code
- UKJ35 - South Hampshire
Internet address
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: £1,412,250
Section six. Complementary information
six.3) Additional information
The total value of the concession at the time of award was £14,122,506 GBP and was adjusted to £15,534,756 GBP when taking account of a previous permitted modification. The current modification is estimated to be valued at £1,412,250 GBP (this includes for both the 6-month extension period and the option of a further 12-month extension period). The total value of the concession contract is now estimated to be £16,947,006 GBP which equates to approximately 20% of the original contract value. The Council will not modify the contract until after a minimum 10 calendar day standstill period has passed, following the publication of this VEAT notice.
six.4) Procedures for review
six.4.1) Review body
Procurement Manager
Ards and North Down Borough Council
Bangor
procurement@ardsandnorthdown.gov.uk
Country
United Kingdom