Section one: Contracting authority/entity
one.1) Name and addresses
Perth & Kinross Council
2 High Street
Perth
PH1 5PH
Contact
Pete Leonard
Telephone
+44 1738475000
Country
United Kingdom
NUTS code
UKM77 - Perth & Kinross and Stirling
Internet address(es)
Main address
http://www.pkc.gov.uk/article/15478/Tenders-and-contracts
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00372
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
PKC13691 Residual Waste
Reference number
PKC13691
two.1.2) Main CPV code
- 90500000 - Refuse and waste related services
two.1.3) Type of contract
Services
two.1.4) Short description
This notice concerns the award of a residual waste treatment contract by the Council to Cireco (Scotland) LLP (the "Emergency Contract").
The Council is a waste disposal authority with a statutory duty to provide for the collection, treatment and disposal of waste under the Waste (Scotland) Regulations 2023 and associated legislation and guidance.
The Council is awarding the Emergency Contract to Cireco (Scotland) LLP using the negotiated procedure without prior publication of a call for competition under regulations 33(1)( c) of the Public Contracts (Scotland) Regulations on the grounds of extreme urgency brought about by events unforeseeable by the contracting authority. The termination of the Council's existing contract for treatment of residual waste and the need to maintain continuity of service constitute such unforeseeable and urgent circumstances.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £15,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 90500000 - Refuse and waste related services
two.2.3) Place of performance
NUTS codes
- UKM77 - Perth & Kinross and Stirling
two.2.4) Description of the procurement
Perth and Kinross Council (the "Council") intends to award a contract for the treatment of approximately 40000 tonnes per annum of residual waste to Cireco (Scotland) LLP following the negotiated procedure without prior publication of a call for competition under regulation 33(1)(c) of the Public Contracts (Scotland) Regulations 2016. Regulation 33(1)(c) is applicable in this case due to the Council's current contract for the treatment of residual waste being terminated early after the current contractor informing the Council that due to changes in circumstances, it will not be able to dispose of all the Council's residual waste in a way that fully complies with the biodegradable waste to landfill ban which is due to come into force on 31 December 2025. Due to the essential nature of the services provided to the Council by the current contractor (waste treatment) and the unforeseen circumstances of the current contractor being unable to comply with the biodegradable waste to landfill ban, the Council have determined that the award of an emergency contract to Cireco (Scotland) LLP is strictly necessary to ensure the uninterrupted provisions of waste treatment services to the Council which comply with all applicable law (including the landfill ban).
Under the proposed Emergency Contract Cicero (Scotland) LLP will be required.
The following services will be provided as part of this contract:
The Contractor will receive and manage all Contract Waste delivered by or on behalf of the Council having regard to the principles of the
EU Waste Hierarchy.
The Contractor will ensure that all waste is diverted from landfill.
The Contractor will ensure that each Facility used remains suitable for the safe reception, storage, treatment and disposal of waste.
The Contractor will ensure continuity of services during planned and unplanned outages and in the event of emergencies and unforeseen
events.
Where a separate Facility is required for the processing of large Contract Waste items, the Contractor shall be responsible for the onward
transportation to any subsequent treatment Facility.
The Contractor shall be responsible for the handling, transport, and off-take of all residues from relevant Facilities, prior to and after
treatment of the Contract Waste, including any hazardous waste streams.
The Contractor shall provide details, including compliance paperwork, to the Council of every processor or re-processor designated to take
any Contract Waste.
Upholstered Domestic Seating containing Persistent Organic Pollutants will be processed in accordance with SEPA’s Guidance (October
2023)
Reception of Waste must be available Monday to Sunday 7.30am-4.30pm
The Contractor will provide a monthly report within 10 business days after the month end.
The Contractor will maintain an appropriate quality and environmental management system.
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
The ban on biodegradable municipal waste going to landfill is intended to reduce greenhouse gas emissions and will come into place from 31 December 2025.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- Extreme urgency brought about by events unforeseeable for the contracting authority
Explanation:
The Council procured a ten (10) year services contracts for the treatment of residual waste with Paprec Energies Binn Limited ("PEB") which was signed on 1 August 2023 (the "PEB Contract"). Under the PEB Contract, PEB were required to procure a solution for the treatment of the Council's residual waste which would comply with the landfill ban due to come into force in Scotland from 31st December 2025 under the terms of the landfill (Scotland) Regulations 2003 (as amended).
PEB have informed the Council that due to a change in circumstances they have been unable to procure a compliant solution for the Council's residual waste. As a result, the Council is required as a matter of extreme urgency to find a solution for the treatment of its waste which will comply with the landfill ban when it comes into force. The timescales involved mean the Council is unable to comply with the timescales for the open procedure, restricted procedure or competitive procedure with negotiation in order to ensure that the Council is able to procure an uninterrupted service for the treatment of residual waste in accordance with its statutory duties. The proposed period of the Emergency Contract is required to allow the Council to determine their future requirements and the most appropriate long term solution.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
Contract No
PKC13691
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
16 December 2025
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Cireco (Scotland) LLP
Bankhead Central, Bankhead Park
Glenrothes
KY7 6GH
Telephone
+44 3451555555
Country
United Kingdom
NUTS code
- UKM72 - Clackmannanshire and Fife
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £15,000,000
Section six. Complementary information
six.3) Additional information
It intended to award the contract to Cireco Scotland for a period of 18 months initially with the option to extend singly or in phases for a period of up to 12 months (30 months in total)
The estimated contract value of 15000000 GBP is for the total potential period including extension options.
During the contract period Perth & Kinross Council will review their future requirements to determine the most appropriate long term solution.
(SC Ref:818934)
six.4) Procedures for review
six.4.1) Review body
Perth Sheriff Court
Tay Street
Perth
PH2 8NL
Country
United Kingdom