Bangor Marina and Harbour Operator

Concepts

• bangor
• port management
• operator contract
• harbour operator
• harbour
• bangor marina
• the current marina
• marina
• concession contract
• make

Location

Bangor

Description

This notice is to advise that the Council intends to make a modification to the current marina and harbour operator contract (concession contract).

Total Quantity or Scope

The Council intends to make a modification to the current marina and harbour operator contract (concession contract).

Award Detail

CPV Codes

• 98362000 - Port management services

Indicators

Legal Justification

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.

Other 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.