Contract Modification (under Regulation 43 Concession Contracts Regulations 2016) to the Quay Management Agreement between Shepherd Offshore Services Limited and Newcastle City Council

CPV: Port and waterway operation services and associated services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

30 Aug 2022, 16:39 BST

Last source update

30 Aug 2022, 16:39 BST

FTS notice number

2022/S 000-024205

Classification (CPV)

Port and waterway operation services and associated services

Delivery area

North East (UKC22)

Official registry OCID

ocds-h6vhtk-03642c Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Explanation in Section VI. Complementary Information.

Publisher note: This Notice is to advise of a contract modification and is published to satisfy the Concessions Contracts Regulations 2016 ('CCR'). The Council has made the decision to modify its current contract for quay management services to extend the Contract term by 9.7 years. Regulation 43 of the CCR permits variations to existing contracts without undertaking further competition in certain circumstances. Regulation 43(1)(e) CCR permits modifications to be made to existing concession arrangements, irrespective of value, if they are not substantial within the definitions provided at Regulation 43(9) CCR. The extension to the Contract is not substantial within Regulation 43(9) CCR for the following reasons: (a) the extension does not render the concession contract materially different in character from the one initially concluded, because the object of the Contract will remain as the exclusive provision of quay management services to the users of the Quay together with ancillary port activity; (b) the extension does not introduce conditions which would have attracted a larger or different pool of applicants that those originally selected, or would have resulted in a different tender being selected as the winning tender, because the circumstances leading to the extension were not known to the Council at the time of entering into the Contract and the extension opportunity would therefore have been available to any bidder who won the original procurement; (c) the extension does not change the economic balance of the Contract in favour of SOSL in a manner which was not provided for in the original contract, as the extension puts SOSL in the position it would have been if that extension had not been required. Further, the term of the extension, which is the contractual equivalent for compensation which would otherwise be due to SOSL for permitting the Works to be undertaken over the remaining term of the Contract, is supported by technical and financial analysis carried out by an independent expert report prepared by WSP. (d) the extension does not change the scope of the Contract considerably, because the extension will be on materially the same scope in terms of services provided, other than some additional services to assist the works contractor which will be separately appointed by the Council to carry out the remediation works. (e) there is no replacement concessionaire proposed in the contract modification.

• Shepherd Offshore Services LimitedAwarded supplierGB-COH: 06450756 White Street, Walker, Newcastle upon Tyne, North East, NE6 3NH

No document links were published on the notice.