Link Centre Ice Rink and Radiant Low Emissivity Ceiling

Award of a contract without prior publication of a call for competition in the cases listed below;

The services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons Extreme urgency brought about by events unforeseeable for the contracting authority Explanation:

Use of the Negotiated Procedure without a call for competition

The works, supplies or services can be provided only by a particular economic operator for the following reasons:

* absence of competition for technical reasons

* the protection of exclusive rights, including intellectual property rights

* Extreme urgency brought about by events unforeseeable for the contracting authority

Swindon Borough Council (the Authority) own a number of Leisure buildings within the local area that are operated under a lease agreement by Greenwich Leisure Limited (GLL).

On Sunday 17th September 2023 and into Monday 18th September 2023, the Link Leisure Centre in Swindon suffered significant damage as a result of an unforeseeable and extreme weather event through significant storm flooding.The consequence of the storm damage was a total loss of power to the Centre and also that access to the Link Leisure Centre building, specifically the ice rink area, was prevented for a period of two weeks due to health and safety requirements from a utilities provider.

As a result, the Authority and GLL could not assess the extent of the damage to the ice-skating plant and equipment. As soon as safe access to the building was permitted and the full extent of the damage was known, the Authority and GLL acted with extreme urgency to identify suitable replacement equipment that would enable the Ice rink provision to reopen for 17th December 2023. It is expected that any delay in making a contract award decision would significantly impact on the ongoing viability of this local leisure provision and therefore result in a substantial impact to the local economy and wider community health and well-being.

After careful consideration, on the 17th of October 2023, the Authority made the decision to make a direct contract award to Ice Tech UK to supply and install a new highly energy

efficient and trademarked IceGrid system and Radiant Low Emissivity ceiling at the Link Centre for a contract period of approximately 9 weeks. The proposed technical solution is understood to be the only system that provides the level of energy savings required by the Authority and has been assessed as being available to the Authority by a single manufacturer and installer. The total value of the contract is £373,700.

For the reasons set out above, the Authority have relied on Regulations;

32(2)(b)(ii),

32(2)(b)(iii),

32 (2) (c) of the Public Contracts Regulations 2015.