Contract for the Treatment of Post 2020 Residual Waste

CPV: Non-hazardous refuse and waste treatment and disposal services · Refuse and waste related services · Refuse disposal and treatment

Procedure method

Competitive dialogue

Legal basis

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

Procurement category

Services

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

20 Oct 2022, 14:59 BST

Last source update

20 Oct 2022, 14:59 BST

Authority reference

DN379327

FTS notice number

2022/S 000-029629

Classification (CPV)

Non-hazardous refuse and waste treatment and disposal servicesRefuse and waste related servicesRefuse disposal and treatment

Delivery area

East Midlands (UKF11)West Midlands (UKG13)

Official registry OCID

ocds-h6vhtk-03777d Find a Tender

Publisher note: This contract opportunity was published in the OJEU by way of a Contract Notice on 9 July 2019 (ref 2019/S 130-319454). The contract entered into with the winning supplier is within the scope of the above Contract Notice. As set out in more detail below, the Council and the Contractor agreed to some modifications to the contract prior to contract signature. The agreed modifications fall within the scope of negotiations that are permitted in accordance with Regulation 30(20) of the Public Contracts Regulations 2015 (PCR 2015). The Council has agreed to remove the restriction on the indexation mechanism which limited the contractual annual price increase to no more than 3%. This is balanced by a right for the Council to assess the cost viability at specific points during the contract before the end of the minimum term of the contract (2031) using a benchmarking process and subsequently either: 1. reduce the rate per tonne; or 2. lower the tonnage guaranteed by the Council by up to 20,000 tonnes per annum; or 3. terminate the Contract earlier than 2031. This change reflects the fact that the current economic circumstances (in which the contract is being signed) are very different compared to those that were present at the time the procurement was advertised and dialogued. Whilst a rise in indexation was possible, the present global circumstances have caused inflation to increase to a degree that was unforeseen. Under Regulation 72(1)(c) a modification can be made as a result of circumstances which a diligent contracting authority could not have foreseen. The modification does not alter the overall nature of the contract and any increase in price does not exceed 50% of the value of the original proposed contract. In addition to the above the following changes have been made to the Contract: • The guaranteed annual tonnage under the contract has been amended to 40,000 from the 45,000 tonnes as advertised in the OJEU Notice which is an insubstantial reduction that gives the Council additional flexibility. • One element of the Secondary Waste Types has been reclassified as a Primary Waste Type (shredded non-size limited) which will create costs savings for the Council. • The contract commencement date remains between 01/04/2021 and 01/04/2023 as advertised but during this period there will be a commissioning period whereby a limited amount of waste is due to be delivered to Contractor’s facility. These changes are to the benefit of the Council, do not materially modify essential aspects of the tender or the procurement and do not risk distorting competition or causing discrimination.

• Biffa Waste Services LtdAwarded supplier Cressex Head Office, Coronation Road, High Wycombe, UK, HP12 3TZ

No document links were published on the notice.