Section one: Contracting authority/entity
one.1) Name and addresses
North Hertfordshire District Council
Council Offices, Gernon Road
Letchworth Garden City
SG63JF
Contact
Procurement Team
Procurement.Team@north-herts.gov.uk
Telephone
+44 1462474392
Country
United Kingdom
Region code
UKH23 - Hertfordshire
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
https://www.north-herts.gov.uk/
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
Deed of Variation of Leisure and Active Communities Contract- Agency Model
Reference number
NHDC 202301-01
two.1.2) Main CPV code
- 92610000 - Sports facilities operation services
two.1.3) Type of contract
Services
two.1.4) Short description
North Hertfordshire District Council intends to vary its existing contract with Sports and Leisure Management Ltd (Everyone Active) to implement an agency model for the delivery of leisure services. Under the revised arrangement, the contractor will act as agent and the Council as principal. The services, facilities, and scope of provision remain unchanged. The purpose is to achieve VAT efficiency and consequently deliver improved financial returns . The contractor will guarantee an additional financial surplus to the Council, which is index-linked,
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: £158,889,251
two.2) Description
two.2.2) Additional CPV code(s)
- 92620000 - Sport-related services
two.2.3) Place of performance
NUTS codes
- UKH23 - Hertfordshire
two.2.4) Description of the procurement
The modification is strictly limited to restructuring the legal relationship to establish an agency model. All services, facilities, and outputs remain as originally contracted.
two.2.11) Information about options
Options: 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:
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.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
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
3 January 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
Sports and Leisure Management Limited (Everyone Active)
2 Watling Drive, Sketchley Meadows
Hinkley
LE10 3EY
Country
United Kingdom
NUTS code
- UKF22 - Leicestershire CC and Rutland
Companies House
02204085
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: £158,889,251
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court
Strand
London
WC2A 2LL
Telephone
+44 2079477156
Country
United Kingdom