Voluntary ex ante transparency notice
Legal Basis:
Directive 2014/24/EU
Section I: Contracting authority/entity
I.4)Type of the contracting authorityRegional or local authority
I.5)Main activityGeneral public services
Section II: Object
II.1)Scope of the procurement
II.1.1)Title:
Direct Award of Contract to Design and Deliver Energy Project at Torbay Leisure Centre
Reference number: DN540487
II.1.2)Main CPV code71240000 Architectural, engineering and planning services
II.1.3)Type of contractServices
II.1.4)Short description:
Leisure Energy, as instructed by Torbay Leisure Centre operators Parkwood Leisure, have been reviewing options to improve energy efficiency at Torbay Leisure Centre for more than 12 months, and in light of the new Public Sector Decarbonisation Scheme (PSDS) have widened the scope and designed a holistic energy project to accelerate carbon reductions, which will be 100 % grant funded. If successful, this project will accelerate Torbay Council’s progress to achieving net zero carbon by the 2030 target.
Leisure Energy is to be directly awarded by Torbay Council, via Parkwood Leisure, as principal designer and principal contractor for the delivery of the full project.
II.1.6)Information about lotsThis contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)Value excluding VAT: 313 850.83 GBP
II.2)Description
II.2.3)Place of performanceNUTS code: UKK42 Torbay
II.2.4)Description of the procurement:
Leisure Energy, as instructed by Torbay Leisure Centre operators Parkwood Leisure, have been reviewing options to improve energy efficiency at Torbay Leisure Centre for more than 12 months, and in light of the new Public Sector Decarbonisation Scheme (PSDS) have widened the scope and designed a holistic energy project to accelerate carbon reductions, which will be 100 % grant funded. If successful, this project will accelerate Torbay Council’s progress to achieving net zero carbon by the 2030 target.
Leisure Energy is to be directly awarded by Torbay Council, via Parkwood Leisure, as principal designer and principal contractor for the delivery of the full project.
II.2.5)Award criteria
II.2.11)Information about optionsOptions: no
II.2.13)Information about European Union fundsThe procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information
Section IV: Procedure
IV.1)Description
IV.1.1)Type of procedureNegotiated procedure without prior publication
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
- Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive
Explanation:
Parkwood Leisure, the operator of Torbay Leisure Centre under a lease, had engaged Leisure Energy before they were aware that the SALIX grant funding bid had to be submitted by Torbay Council, because Leisure Energy had already undertaken the scoping work in respect of the original planned boiler replacement. The grant funding bid and subsequent award to the Council were based on the specification prepared by Leisure Energy and therefore the IP therein belonged to them. The Council have provided the funding to Parkwood Leisure, the leisure centre operator, and Leisure Energy will be paid by Parkwood. Were the Council to go out to tender it could not use the specification Leisure Energy produced (on which the grant award is based) and neither the council nor Parkwood Leisure had the technical skill to produce a new specification within the tight timescales imposed by the grant conditions. The Council has therefore agreed to directly award a contract to Leisure Energy for the design and project delivery on the basis of exclusive right, in accordance with the Council's Contract Procedures. However the Council intends to tender for the supplies and contractors through our e-tendering portal.
IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
Section V: Award of contract/concession
V.2)Award of contract/concession
V.2.1)Date of contract award decision:29/03/2021
V.2.2)Information about tendersThe contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaireOfficial name: Leisure Energy
Town: Oxford
NUTS code: UKJ14 Oxfordshire
Postal code: OX2 7JQ
Country: United Kingdom
The contractor/concessionaire will be an SME: yes
V.2.4)Information on value of the contract/lot/concession (excluding VAT)Total value of the contract/lot/concession: 313 850.83 GBP
V.2.5)Information about subcontracting
Section VI: Complementary information
VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review bodyOfficial name: Legal Services, Torbay Council
Town: Torquay
Country: United Kingdom
VI.5)Date of dispatch of this notice:04/05/2021