This is a joint procurement involving two Councils completed following a competitive dialogue procedure. The two Councils jointly procured a leisure operator. The Councils have appointed an operator for a term of 25 years. This is a design, build, operate and maintain contract where the contractor pays to the Council’s a management fee over 25 years coupled with a share of surplus.

Work Included:

  • Advising on the OJEU Notice.
  • Advising the project team and board on all aspects of EU procurement regulations, Local Government laws, the Council’s constitution and contract standing orders.
  • Advising on the dialogue process pursuant to Public Contracts Regulations 2015.
  • Reviewing and suggesting amendments to procurement documents such as the prequalification questionnaires (PQQ), Invitation to Submit Detailed Solution (ISDS), Invitation to Submit Final Tender (ISFT), Services and Facilities Specifications.
  • Drafting Design Build Operate and Maintain Agreement (DBOM) and associated schedules.
  • Advising on price and payment mechanism, handback requirements, base case, share of surplus.
  • Advising on governance issues such as the Councils approval process and requirements.
  • Drafting the memorandum of understanding between the two Councils.
  • Advising on selection and contract award procedures.
  • Considering and advising on contract mobilisation, management and potential pitfall areas.
  • Considering and advising on TUPE
  • Considering and advising on Pension issues such as Admission Agreements and Pension Bonds.
  • Advising on Performance Bonds
  • Advising on construction contracts
  • Advising on construction contract warranties and bonds.
  • Advising on issues relating to initial services and post completion requirements.
  • Considering and advising on value for money issues such as whole life costing.
  • Advising on the discretionary powers under section 19 Local Government (Miscellaneous Provisions Act 1976.
  • Advising on business transfer agreements.