Âé¶¹Éç

Âé¶¹Éç Tenders

20 May 2026

Related Information

Âé¶¹Éç Contract Leads

South East

Category Services

Type

No. of Lots 1

Status Active

Published 5th May 2026

Tender Details
Referenceocds-h6vhtk-05e0a1
Common Procurement VocabularyRestaurant construction work
Procurement MethodCompetitive flexible procedure
Value£168,161,103
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South East

Category Services

Type

No. of Lots 1

Status Active

Published 5th May 2026

Tender Details
Referenceocds-h6vhtk-05e0a1
Common Procurement VocabularyRestaurant construction work
Procurement MethodCompetitive flexible procedure
Value£168,161,103

Changes to notice

This notice has been edited. The previous version is still available.

NB: Following receipt of request for clarification feedback received from multiple suppliers during the procurement process to date, Council has made the following modifications to its requirements and procurement process, which are summarised below and detailed within the revised Invitation to Tender V1.4 and other revised associated Procurement documents accessible via In-tend:

SCOPE PROCUREMENT DESCRIPTION

• Lift Responsibilities

Removal of obligation on Operator to undertake upgrading / major refurbishment / replacements works for the Tower lift. Such works will now be the responsibility of the Council although the Operator will retain responsibility for servicing & general maintenance of the Lift.

• Target Commercials

Express allowance for Suppliers to submit bids which do not include for any rental payment to the Council for the initial 3 years of the contract, although Suppliers are still incentivised to offer a level of payment through the application of the tender evaluation model.

From year 4 of the contract the Council is now targeting a total guaranteed rental payment of ideally approx. £275k per annum. This target value can also be provided through the addition of optional revenue share payments, although achievement of the target should predominantly (ideally 90% / £247k) be through the value of the fixed rental payment.

Removal of mandated revenue share requirement. It is now at the sole discretion of Suppliers on whether to include for a revenue share element within their proposals, although Suppliers are still incentivised to do so through application of the tender evaluation model.

As the revenue share element is optional no minimum revenue share percentage shall apply, however the proposed percentage must not exceed 10%. The revenue share proposed by the Operator may vary over the term of the agreement but must always be no more than 10%.

PROCEDURE - COMPETITIVE FLEXIBLE PROCEDURE DESCRIPTION

• Procurement Process & Programme

In consideration of the modifications to the Council's commercial targets and allocation of lift upgrade / major refurbishment / replacement responsibilities the Council has issued a revised Tender Notice, Invitation to Tender and associated revisions to other Procurement documents as required to comply with Section 31 (5) of the Procurement Act 2023.

To enable suppliers who may now wish to participate in the procurement process, and those that are currently participating time to make changes to the proposals they may be preparing, the Council has extended the tender return deadline to Friday 5th June 2026 @12:00 in order to address the general guiding principles for setting time limits set out within Section 54 (1) (d) of the Procurement Act 2023.

In order to provide for fair & equal treatment between suppliers who are currently participating in the procurement and those that may wish to do so following issue of the modifications, the Council has also allowed for a further Site Tour/s on Wednesday 13th May @10:00 & Friday 15th May @10:00, Further Bidder Briefing on Tuesday 12th May 13:30 and Further 1-1 Dialogue Meetings between 19th May - 21st May.

In order to provide for the additional time for preparation of tender submissions and further site tour, briefing, 1-1 meetings, etc., and still allow sufficient time for evaluation, award, mobilisation and commencement of services on 10th October 2026, the Council has now removed the option of undertaking negotiation with and invitation of Best & Final Tenders from the 3 highest scoring tenderers. The Council will now run the competitive tendering process in line with the option to award following assessment of tender submissions and not open a further round of competitive tendering.

Following issue of the Assessment Summaries, Contract Award Notice and observation of the mandatory standstill period, the Council will still have the ability to negotiate with the preferred bidder / winning supplier on the basis that such negotiations are to optimize, clarify or confirm the winning suppliers tender proposals without altering their fundamental nature.

The revised procurement programme is detailed within this PROCEDURE section of this Tender Notice.

AWARD CRITERIA

Removal of reference to option of alteration and refinement prior to inviting 2nd stage tenders due to removal of 2nd round of competitive tendering option from process.

SUBMISSION

Enquiry Deadline: Extended to 26th May 2026 23:59.

Tender Submission Deadline: Extended to 5th June 2026 12:00.

Scope

Description

Portsmouth City Council - the 'Council - is inviting tenders from suitably qualified and experienced operators for the operation of the Spinnaker Tower - the 'Tower' - on a long term mutually incentivised partnership basis.

THE TOWER

The Spinnaker Tower is located on the waterfront within Gunwharf Quays shopping centre and is a prominent landmark offering views of the city, the Solent and the Isle of Wight.

The Tower is Portsmouth's most prominent landmark, 170m in height with 3 upper viewing platforms at 100, 105 and 110 metres providing views of Portsmouth Harbour and the Solent. The tower opened in 2005 attracting 100,000 visitors in the first two months of opening.

There is a reception at the base of the building with ancillary interpretation space, entertainment and leisure uses, ticketing, plant, management and staff facilities. There are two cafes - the ground floor Spinnaker Kitchen and Bar and the Cloud Café located on View Deck 2, 105 metres up. There is an additional podium area at ground level which is activated over the festive period for a Christmas market, with potential for it to be used permanently as commercial space.

Permitted Uses, Opening Times & Access

Under the new contract the primary function of the Tower must remain a public viewing tower, to be open in line with hours set out within the Council's specification. Through the procurement process suggestions for incorporation of historical and maritime components, that may also include literary and cultural references associated with the wider city, will be considered.

The Operator must ensure that the Tower is open to the public for a minimum of 8 hours/day April to September and 6 hours/day October to March except Christmas Day. Core opening times are 10.00 - 18.00 during summer months and 6 hours within the core times during the winter months (e.g.10.00 - 16.00). The Operator may open earlier or later to support other activities such as breakfasts or evening events and functions. No curfew has been set.

The Council will require use of the Tower for its own direct activities and in support of wider community activities to a total of 47 hours free of charge per year, further details are provided within the specification.

Suggestions for complementary ancillary uses will be permitted.

Examples include but are not limited to:

• Food and beverage options such as a café, fine dining etc.

• Entertainment including comedy evenings, cocktail evenings etc.

• Virtual reality 'thrill experiences'

• Private Functions including weddings, corporate events etc.

Proposals for other activities / experiences will be considered.

Suggestions for the use of the overall space, including the associated capital investment, will be considered. For example, the opportunity for development of the underused podium deck. Any investment must be solely funded by the operator.

Contract Term, Estimated Value & Target Commercials

Award of the contract is targeted for 28th July 2026. The successful operator will be required to seamlessly commence operations under a lease with associated concession arrangement from 11th October 2026 following expiry of the lease held with the current incumbent operator on 10th October 2026. The lease and associated concession contract will be let on a 25-year basis. Break clauses subject to 12 months notice will be included for at years 10, 15 and 20 of the lease.

The Lease will be subject to rental / management fee and optional revenue share payments from the Operator to the Council.

For the initial 3 years of the contract the Council is able to allow for the Operator to operate on a rent-free basis - although the Council is incentivising a level of rental payment to the Council within this period through application of the tender evaluation model.

From year 4 of the contract the Council is targeting a total guaranteed rental payment of ideally approx. £275k per annum. This target value can also be provided through the addition of optional revenue share payments, although achievement of the target should predominantly (ideally 90% / £247k) be through the value of the fixed rental payment.

NB: Suppliers should note that the rental payment value stated is an approximate target only and bids which do not meet this target will not be disqualified at tender evaluation.

Rental payments are to be made in advance on a quarterly basis per annum. Rental payments will be subject to 5 yearly rent reviews with increases subject to CPI adjustments.

Operators are able to include for revenue share proposals with their bids. The inclusion of a revenue share element is solely at the option of Operators, although inclusion is incentivised through application of the award criteria.

As the revenue share element is optional no minimum revenue share percentage of shall apply, however the proposed percentage must not exceed 10%. The revenue share proposed by the Operator may vary over the term of the agreement but must always be no more than 10%.

In addition to rental and revenue share payments, the Council will also recover reinstatement insurance premium costs from the Operator. The Council is currently seeking specialist insurance advice which will inform the per annum figure to be accounted for within Operator commercial models. The Council is targeting to issue an insurance cost recovery value by week 3 - 4 of the tender period.

The contract will be subject open book reporting. The Operator will be required to report on revenues generated by business activities on a quarterly basis and upon request within 10 working days along with provision of supporting evidence. At the end of each operating year the Operator will be required to produce full audited accounts for operation of the Tower, providing full details of sales, costs, O/H contribution, profits, dividends, etc.

Based upon current revenue and subject to indexation the Council estimates that the successful Operator could achieve a 25-year turnover figure of approx. £90M. However, the Council considers that there are significant opportunities to increase revenue though investment, diversification of activities, food & beverage offer, sponsorship, advertising, etc. which could have a major positive impact upon revenue generation, potentially increasing revenue generation to £110M and beyond over the 25 year term.

However, it should be noted that all estimates in respect of the value of the business opportunity are purely indicative and provided to comply with the requirements of the Procurement Act 23 in relation to publication of estimated contract values.

Maintenance, Servicing & Facilities Management

The Council will retain responsibility for the repair and maintenance of the items listed below which are further detailed within the procurement documents:

• External Structure Works and inspections including the spire, view decks, tower legs, concrete shafts, ribs, bows, transfer landings and substructure, but excluding the base building and podium level.

• Structural Glazing and Curtain Walling System on View Decks

• Upgrading / major refurbishment / replacement of the lift.

The Council is also progressing with lift refurbishment and other structural maintenance works which are currently scheduled to take place during the 1st year of the lease.

Operators should be aware that a closure period for the viewing tower will be required to undertake these works. The exact length and scheduling of these works have yet to be confirmed but are likely to be approximately 6 months in duration. The Council will fund and deliver the works and will work with the Operator to agree the timing of any closures where possible. Operators should note that future lift refurbishment / replacement responsibility will fall with the Operator.

The Operator will be responsible for all internal repairs and maintenance and to keep the property in good repair and condition including, but not limited to:

• Reactive repairs and planned maintenance

• Decorations and finishes

• Fixtures and fittings

• Sanitary facilities

• Bar and kitchen areas

• Surfaces in plant rooms, internally to the bows and spire

The Operator will be responsible for the following external repairs and maintenance and to keep the property in good repair and condition including, but not limited to:

• Base building - Floors, Walls and Roof

• Podium level

• Doors and Windows

• External decoration works of the legs, concrete shafts, ribs, bows, transfer landings, base building, podium level, brise soleil etc.

• Paving surrounding the tower and at podium level

• Balustrades/Handrails round the podium level, podium stairs, terrace level and promenade level

The Operator will be required to undertake all Planned Preventative Maintenance (PPM) and reactive repairs including maintenance, servicing and replacement (both minor and major) to those building elements highlighted as tenant responsibility.

The Operator is responsible to keep all M&E, both internal and external to the Tower, in good condition and maintenance including, but not limited to:

• Servicing

• Reactive and Planned Repairs/Maintenance

• Surveys

• Lifecycle replacement

• Lift servicing & general maintenance (excluding upgrading / major refurbishment / replacement)

The Operator shall provide the M&E maintenance service through a regular and organised regime and provide the Council with records of the works such as EICRs etc.

Beyond the maintenance activities listed above, the Operator will be responsible for all building management activities required to ensure that the Tower is kept safe, clean and secure, including for:

• Statutory Compliance Testing

• Heating & Lighting

• Cleaning

• Security

• Utilities and Environmental Management

• Fire Detection & Emergency Lighting

• Accessibility, Health & Safety and Safeguarding

Total value (estimated)

  • £168,161,103 excluding VAT
  • £201,793,323 including VAT

Above the relevant threshold

Contract dates (estimated)

  • 11 October 2026 to 10 October 2051
  • 25 years

Options

The right to additional purchases while the contract is valid.

The Council reserves the right to engage the next placed highest scoring Supplier (ranked 2nd) to deliver the Concession Contract in the event that any of the following events occur during the award, mobilisation and delivery of the services during the term of the contract:

• The Council is unable to agree and execute terms of Concession Contract with the preferred Supplier identified through evaluation of the submitted tenders

• The preferred Supplier identified through evaluation of the submitted tenders fails to mobilise and commence the services in line with the agreed programme, or is significantly delayed in meeting programme milestones and is highly likely to not commence services in line with the agreed programme

• The Concession Contract with the preferred Supplier identified through evaluation of the submitted tenders is terminated due to:

o Material breach.

o Non-material persistent breach.

o Failure to meet service levels and KPIs.

o Not meeting Conditions of Participation - Exclusion grounds, insurance, financial standing, accreditations, etc.

o Inability to agree price increases in line with terms.

o Inability to agree price changes, Specification changes, event in the event of materialisation of identified known risks.

The next placed supplier will only be engaged in accordance with PA 2023 and subject to the supplier evidencing ability to:

• Meet all Conditions of Participation.

• Deliver the requirements as set out in the Specification including for any updates made by the Council.

• Honour the terms & conditions included within the original procurement.

• Deliver the service delivery proposals included within their original tender submission as a minimum.

• Honour the pricing elements included for within their original tender submission, subject to reasonable application of relevant CPI indices, as a minimum with a requirement to mitigate any increases where possible.

Main procurement category

Services

CPV classifications

  • 45212170 - Entertainment building construction work
  • 45212310 - Âé¶¹Éç work for buildings relating to exhibitions
  • 45212350 - Buildings of particular historical or architectural interest
  • 45212421 - Restaurant construction work
  • 45212423 - Cafeteria construction work
  • 45212500 - Kitchen or restaurant conversion
  • 45213112 - Shop units construction work
  • 45262700 - Building alteration work
  • 45330000 - Plumbing and sanitary works
  • 45350000 - Mechanical installations
  • 45420000 - Joinery and carpentry installation work
  • 45432100 - Floor laying and covering work
  • 45442110 - Painting work of buildings
  • 45442121 - Painting work of structures
  • 45442180 - Repainting work
  • 45442300 - Surface-protection work
  • 45443000 - Facade work
  • 45451000 - Decoration work
  • 45452000 - Exterior cleaning work for buildings
  • 45453100 - Refurbishment work
  • 50750000 - Lift-maintenance services
  • 50850000 - Repair and maintenance services of furniture
  • 50882000 - Repair and maintenance services of restaurant equipment
  • 51100000 - Installation services of electrical and mechanical equipment
  • 55300000 - Restaurant and food-serving services
  • 55400000 - Beverage-serving services
  • 55900000 - Retail trade services
  • 63513000 - Tourist information services
  • 63514000 - Tourist guide services
  • 70332200 - Commercial property management services
  • 79340000 - Advertising and marketing services
  • 90911200 - Building-cleaning services
  • 90911300 - Window-cleaning services
  • 92000000 - Recreational, cultural and sporting services
  • 98350000 - Civic-amenity services

Contract locations

  • UKJ31 - Portsmouth

Participation

Legal and financial capacity conditions of participation

EXCLUSION GROUNDS

Assessment in line with PA23 requirements in relation to excluded and excludable grounds.

The Council will allow for representation from suppliers in line with PA23 requirements in relation to excludable grounds, including for substitution of proposed sub-contracting arrangements.

The Council will apply discretion and allow for representation from suppliers in relation to excludable grounds in line with PA23 requirements, including for substitution of proposed sub-contracting arrangements.

FINANCIAL STANDING

Business Risk Assessment

Bidders must attain a business risk score calculated using Credit Safe financial ratios of 50 or above to pass. If below or score is unavailable, bidders must provide a satisfactory

review of financial information against profit/loss, liquidity, acid test, etc. or provision of a guarantee from a parent company or other legally bound guarantor with a business risk

score of 50 or above.

Turnover Assessment

Bidders must demonstrate a recorded turnover within latest set of accounts of at least approx. £1,200,000, a provision of a guarantee from a parent company or other legally

bound guarantor with a recorded turnover within latest set of accounts of at least approx. £1,200,000 or if Suppliers are unable to meet the minimum turnover levels but feel that they are able to demonstrate alternative evidence of financial capacity they are instructed to submit this in order that the council may consider the information and provide a decision that will be final.

INSURANCE

The Council will be asking for insurance levels to be set as follows -

• Public & Products Liability Insurance - £10M in respect of any one occurrence, the number of occurrences being unlimited, but in the aggregate in respect of pollution and products liability.

• Employees Liability Insurance - £10M in respect of any one occurrence, the number of occurrences being unlimited

• Professional Indemnity Insurance - £1M each and every claim or in the annual aggregate with auto-replenishment

GDPR

Suppliers must confirm that they have in place, or that they will have in place by the award of the contract, the human and technical resources to perform the contract to ensure

compliance with the UK General Data Protection Regulation and to ensure the protection of the rights of data subjects.

&

Suppliers have provided details to the Council's satisfaction, of the technical facilities and measures (including systems and processes) in place, or will have in place by contract

award, to ensure compliance with UK data protection law and to ensure the protection of the rights of data subjects.

Technical ability conditions of participation

OPERATIONAL CASE STUDIES

Bidders are required to submit between one (1) and three (3) Operational Case Studies (OCS) relating to contracts that the Operator is either currently delivering or, for specific

experience elements only, has delivered within the last five (5) years. Bidders must ensure that, collectively, the case study submission demonstrates coverage of all the required elements set out below, with at least one case study addressing each element.

Multiple case studies relating to the same client organisation are permitted, provided that each submission relates to a discrete and distinct contract. Case studies will be assessed

holistically and must, as a minimum, demonstrate evidence of the requirements listed below in order to achieve a pass. Failure to demonstrate the minimum levels of relevant experience will result in a failed assessment.

• Current experience (not from a past arrangement) of successfully operating a regionally significant visitor / leisure attraction with a footfall of at least 50k per annum and a turnover of £1m. For the purposes of this and further requirements, a regionally significant visitor / leisure attraction may include destination shopping centres, destination museums, landmark visitor attractions, major cultural or heritage sites, waterfront or tourism led destinations, or other comparable leisure attractions. This should be demonstrated on at least 1 of the case studies submitted.

• Experience of successfully delivering day to day site operations, facilities management, statutory compliance & day to day maintenance responsibilities at an operational site. This should be demonstrated on at least 1 of the case studies submitted.

• Current experience (not from a past arrangement) of developing, delivering and managing marketing & promotion activities on at least 1 of the case studies submitted.

• Experience of successfully managing delivery of Planned Preventative Maintenance (PPM) programmes of repair, refurbishment and replacement works on at least 1 of the

case studies submitted.

• Current experience (not from a past arrangement) of running a visitor / leisure attraction on a commercial basis including for taking all or substantive risk on sales, costs and

profit/surplus generation on at least 1 of the case studies submitted.

HEALTH & SAFETY AND ENVIRONMENTAL HEALTH

HSE Enforcement / Remedial Orders

Receipt of enforcement/remedial action orders will result in a 'Fail' unless the supplier can demonstrate to the Council's satisfaction that appropriate remedial action has been taken to prevent future occurrences or breaches. The Council may request further information.

Prosecution & Enforcement

The serving of enforcement notices and any prosecutions will result in a 'Fail' decision unless the Supplier can demonstrate that robust measures have been implemented to prevent the re-occurrence to the satisfaction of the Council. The Council may request further information.

HSE FFI Charges

HSE FFI Charges will result in an automatic fail, unless the Council considers those charges are minor and insignificant. The Council may request further information.

Environmental Health Enforcement

In order to obtain a 'Pass', the Supplier must confirm that:

• it has not, within the last five (5) years, been subject to any Environmental Health enforcement action (including statutory notices, improvement notices or prohibition notices relating to pests, hygiene, public health or environmental health matters); or

• in circumstances where it has been subject to any such enforcement action, that it has implemented sufficiently robust measures to prevent reoccurrence to the satisfaction of the Council.

The Council may request further information.

Particular suitability

  • Small and medium-sized enterprises (SME)
  • Voluntary, community and social enterprises (VCSE)

Submission

Enquiry deadline

26 May 2026, 11:59pm

Submission type

Tenders

Tender submission deadline

5 June 2026, 12:00pm

Submission address and any special instructions

Tenders may be submitted electronically

Yes

Languages that may be used for submission

English

Award decision date (estimated)

15 July 2026

Recurring procurement

Publication date of next tender notice (estimated): 10 October 2050


Award criteria

Name Description Type Weighting
NPV calculated 25-year fixed lease payments total

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Cost 22.5%
Activities, Uses & Events Proposals

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 10%
Resource & Delivery Model

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 7.5%
Business Plan

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 7.5%
NPV calculated 25-year estimated revenue share payment total

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Cost 7.5%
Mobilisation & Service Establishment

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 5%
Partnership Working

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 5%
Marketing, Promotion & Customer Experience

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 5%
Reporting, IT & Communication

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 5%
Social Value

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 5%
H&S, Safeguarding & Facilities Management

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 5%
Maintenance Management

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 5%
Capital Investment Proposals

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Quality 5%
First 3 years fixed lease payments total

The Council has reserved the right to amend the award criteria in accordance with section 26 PA 2023 via issue of a new version of the Invitation to Tender via In-tend and republishing the Tender...

Notice. Any refinements will be issued prior to the request for clarification deadline.

Price 5%

Other information

Description of risks to contract performance

The Council has identified the following known risks and opportunities that may occur during the duration of the Concession Contract and may positively or negatively impact the scope, scale, value, timescales, end user demand, etc. which will be addressed in the Concession Contract:

• Changes to VAT levels and other impacts of taxation which could impact Operator costs

• Unforeseen maintenance requirements which could increase Operator costs and impact revenues if closures are required

• Significant development in sponsorship and advertising interest in the Tower could significantly increase revenue generation for the Operator

• Changes to National Living Wage, National Insurance and other factors which could impact Operator employment costs

• Introduction of new technologies, systems and processes which could reduce Operator costs and / or increase revenues as well as impacting technical scope

• Changes to relevant government policy / legislation which could increase or decrease Operator revenues & costs, as well as potentially mandating changes to the technical scope.

The Council has identified following known risks associated with the delivery of this contract, in respect of which the Council reserves the right to modify the contract in accordance with Section 74 and Schedule 8 of PA 2023, without initiating a new procurement procedure, should any of these risks materialise during the Concession Contract term:

• Development and changing demographics of the Portsmouth area which could impact positively or negatively on Operator revenues.

• Macro and micro environmental impacts on utilities and other costs which could impact Operator costs.

• Local Government Review impacts including for assignment of contract to successor unitary authority and any new requirements / objectives of the new authority which may require alterations to the technical scope, contractual and commercial structure of the arrangements.

• An endemic or pandemic event similar to Covid 19 which could increase costs and / or reduce demand to the extent this is not capable of being addressed in the Concession Contract.

Applicable trade agreements

  • Government Procurement Agreement (GPA)
  • Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Conflicts assessment prepared/revised

Yes


Procedure

Procedure type

Competitive flexible procedure

Special regime

Concession

Competitive flexible procedure description

APPLICATION OF PA23 & PR24

In respect of application of PA 2023, the Council's position is that the Concession Contract falls under the definition of a concession contract as set out within Section 8 of PA 2023 and that therefore only the aspects of PA 2023 and Procurement Regulations 2024 ("2024 Regulations") that apply to 'special regime' contracts are of relevance to this procurement process and management of the resultant Concession Contract.

COMPETITIVE FLEXIBLE PROCEDURE FEATURES

The Council will run the procurement process to secure the Operator using the Competitive Flexible Procedure as defined within PA 2023. The Council has designed a process that includes:

• Pre Tender submission dialogue.

• Refinement of award criteria, specification, contractual / lease terms and commercial model during the process.

• Site tours & Suppliers briefing.

• Post award negotiation including for finalisation of contract terms, lease & commercial arrangements.

• Due diligence including for take up of client references and visits to operator offices & operational sites, both pre and post award.

• Interviews and presentations.

PROGRAMME

The procurement programme is set out below in summary.

• Issue Tender Notice on FTS - 7th April 2026

• Issue Stage 1 documents on In-Tend - 7th April 2026

• On-line TEAMS Suppliers Briefing - 13th April @11:30

• Site Tours - 17th April @14:00, 22nd April @10:00, 24th April @10:00

• Issue Revised Tender Notice 1 on FTS - 20th April 2026

• Dialogue meetings - 27th April 2026 - 1st May 2026

• Issue Revised Tender Notice 2 on FTS - 5th May 2026

• Further Bidders Briefing - 12th May 13:30 - 14:30

• Further Site Tours - 13th May @10:00, 15th May @10:00

• Further Dialogue Meetings - 19th May - 21st May 2026

• Request for clarification deadline - 26th May 2026 @23:59

• Tender submission deadline- 5th June 2026 @12:00

• Interview & presentation - 24th - 25th June 2026

• Issue Assessment Summaries - 15th July 2026

• Issue Contract Award Notice on FTS - 15th July 2026

• Standstill Period - 16th July - 27th July 2026

• Confirmation of award - 28th July 2026

• Negotiation & Finalisation of Terms - 29th July - 7th August 2026

• Mobilisation period - 8th August - 10th October 2026

• Service commencement - 11th October 2026

FURTHER BIDDERS BRIEFING

A 'Further Bidders Briefing' will be held on Tuesday 12th May 2026 at 13:30 via Microsoft Teams. Attendance at the briefing is encouraged but not mandatory. The Council anticipates that the briefing will last 30 minutes but has allowed for 1 hour to allow time for questions. The 'Further Bidders Briefing' will focus on explaining the modifications that the Council has made to its requirements and the procurement process as well as providing bidders with a further overview of the bidding requirements.

SITE TOURS & MEETINGS

Attendance to at least 1 site tour is a condition of tendering and the Council reserves the right to disqualify and not consider further any bids from Suppliers who cannot evidence attendance on at least one of the site tours.

Following issue of the Council's modifications to its requirements and procurement process the Council has scheduled further site tours for 13th May 2026 at 10:00 and 15th May 2026 at 10:00 to enable suppliers who may now wish to participate in the process to attend site. Suppliers who have previously attended site tours may also attend the further site tours.

For suppliers attending the tour on Wednesday 13th May, suppliers should confirm full names & positions of attendees via In-tend correspondence prior to the deadline of Tuesday 12th May 2026 at 16:00.

For suppliers attending the tour on Friday 15th May, suppliers should confirm full names & positions of attendees via In-tend Correspondence prior to the deadline of Thursday 14th May 2026 at 16:00.

When attending the site tours, delegates should arrive 15 minutes before commencement of the site tour and report to Cerys Harris at the entrance of the Tower.

Other than the site tours all other meetings - Suppliers briefing, dialogue meetings, interview / presentation - will be held on-line using Microsoft TEAMS. Meetings will be offered on a "first come, first served" basis.

Suppliers who wish to engage in the further online TEAMS 1-1 clarification meeting/s with the Council prior to submission of their 1st stage tender return must register via In-tend using the Messaging function by Monday 18th May 2026 at 14:00.

The further 1-1 meetings will be held via TEAMS from Tuesday 19th to Thursday 21st May 2026. Suppliers may request up to 90 minutes of clarification meeting time with the Council which may be covered in one meeting or split between multiple (max 2) if required to accommodate diaries of particular Council and Supplier project team members that may be required to attend to address particular clarification topics.

In view of the modifications made by the Council and in order to ensure fair & equal treatment, attendance at these further meetings will be open to both suppliers who took part in the previous 1-1 meetings and those that did not.

In registering suppliers must provide the following information:

• Names, positions and contact details (email & telephone number) of delegates (max of 10 delegates may attend)

• Preferred dates and times for meetings

• Clarification questions, topics and themes

INTERVIEW & PRESENTATION

During the evaluation period the Council may invite the highest scoring tenderers to attend an online TEAMS interview & presentation.

Attendance at the interviews & presentations is not compulsory but suppliers are encouraged to participate. Should suppliers not wish to participate all clarification requests will be processed solely via In-tend following the protocols set out above.

The purpose of the interview & presentations is to ensure there is a clear mutual understanding between the Council and the Supplier regarding the requirements of the contract and in respect of the supplier's proposals prior to a decision being made on contract award. It is important to note that such interviews will not be used as a negotiation meeting or an opportunity to present new information.

The interviews & presentations will not be scored, however clarification points raised may may impact the final scores allocated to the evaluation of tenders where this has a positive or negative impact in respect of any ambiguities / assumptions that the interview addresses.

The interviews & presentations will take place between 24th and 25th June. It is envisaged that interviews & presentations may run for 60 minutes to 90 minutes dependent upon the number of points that Council requires clarification on.

The Council will issue invitations to suppliers via In-tend and will seek to notify Suppliers at least 2 working days before the slot/s offered. Where possible the Council will provide multiple slot options and be as flexible as possible to accommodate Supplier diaries.

Suppliers invited to interview should ensure that members of the key team put forward within their tender proposals who will be directly delivering the services attend the interview.

The Council will confirm the clarification questions / points / themes which it wishes to address within the invitation. Suppliers will be given 30 minutes of agenda time in which they will be invited to provide a summary presentation of their proposals.

NEGOTIATION

Following completion of the evaluation of tenders, identification of the preferred bidder / winning Supplier and undertaking of the award process, it is likely that the Council will undertake a level of negotiation with the preferred bidder to finalise terms.

Once the winning Supplier has been selected and the Council has completed governance, the Assessment Summaries will be issued, together with a notice for the award of the Concession Contract (the "Contract Award Notice") and an 8 working day standstill period will be run.

The topic areas for negotiation will be developed following assessment and award, but will likely include:

• Commercial considerations including for rent & rev share income

• Business plan rationale & assumptions

• Proposals for capital investment

• Ancillary use proposals

• Primary use enhancements

• Lease and concession terms

• Lifecycle works, PPM & co-ordination

• KPIs & reporting

• Mobilisation & service establishment

The Council will minute the meetings and provide the notes promptly to the preferred bidder / winning Supplier supplier via In-tend.

No change will be agreed where, in the Council's sole discretion, it would result in treating Suppliers in the same position differently, or would have permitted a Supplier who did not participate in the procurement on the basis of the advertised terms to have participated, or where such changes would have a material impact on the result of the evaluation of submitted tenders which would have resulted in the identification of a different preferred bidder / winning Supplier.

Negotiation will focus upon refinements that optimize, clarify, or confirm the proposals included for within the preferred bidder / winning Supplier's tender submission without altering its fundamental nature.

ADMINISTRATION

The Council will administrate the procurement using its e-sourcing system In-tend, which will be used for:

• Access to and issue of procurement information and documentation

• Pre-tender submission clarification requests and response

• Tender submission

• Tender opening and access to responses

• Post tender submission clarification requests and response

• Award decision notification and Assessment Summaries

• Publication of summary contract register information in accordance with Local Government Transparency Code (2015) requirements.

The In-tend system can be accessed free of charge via the following web address:


Documents

Associated tender documents

Documents to be provided after the tender notice

Via the Council's e-sourcing system In-tend:


Contracting authority

Portsmouth City Council

  • Public Procurement Organisation Number: PCNL-5714-PRZV

Civic Offices, Guildhall Square

Portsmouth

PO1 2AL

United Kingdom

Email: procurement [at] portsmouthcc.gov.uk

Region: UKJ31 - Portsmouth

Organisation type: Public authority - sub-central government