Section one: Contracting authority/entity
one.1) Name and addresses
ARUN DISTRICT COUNCIL
Arun Civic Centre, Maltravers Road
LITTLEHAMPTON
BN17 5LF
procurement.clients@hants.gov.uk
Country
United Kingdom
Region code
UKJ27 - West Sussex (South West)
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
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
Combined Cleansing Services Contract
two.1.2) Main CPV code
- 90500000 - Refuse and waste related services
two.1.3) Type of contract
Services
two.1.4) Short description
***NOTICE PUBLISHED ON BEHALF OF ARUN DISTRICT COUNCIL***
Arun's Combined Cleansing Services Contract (CCSC) includes the delivery of residential waste collections comprising of weekly kerbside residual collection from sacks, a fortnightly dry mixed kerbside recycling collection and a fortnightly subscriber-based garden waste collection service. The contract also provides street cleansing services comprising litter collection, litter and dog bin collection, street sweeping and public convenience cleaning.
This VEAT notice is for the award of a three-year contract extension with modifications to the above contract.
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: £54,640,000
two.2) Description
two.2.2) Additional CPV code(s)
- 90500000 - Refuse and waste related services
two.2.3) Place of performance
NUTS codes
- UKJ27 - West Sussex (South West)
Main site or place of performance
Arun District
two.2.4) Description of the procurement
Arun's Combined Cleansing Services Contract (CCSC) includes the delivery of residential waste collections comprising of weekly kerbside residual collection from sacks, a fortnightly dry mixed kerbside recycling collection and a fortnightly subscriber-based garden waste collection service.
The contract also provides street cleansing services comprising litter collection, litter and dog bin collection, street sweeping and public convenience cleaning.
The current 3+3 year contract commenced in 2017 is currently operated by Biffa and is due to expire on 31 January 2023. The annual cost of the contract has varied over the duration. The current annual cost of the contract is £5.82 million. The total contract value over the 3+3 duration is £32,650,000.
This VEAT notice is for the award of a three-year contract extension with modifications from the 1st February 2023 at an annual cost of £7.33 million, which will be subject to indexation.
There is provision within the extension period to move to an alternate weekly/three weekly residual collection service, with the introduction of a weekly food waste collection (subject to committee approval and subject to confirmed government position (section 57 of the Environment Act 2021 amends section 45A of the Environmental Protection Act 1990 to include a new requirement on Waste Collection Authorities (WCAs) to collect food waste from households on a weekly basis. Commencement regulations will bring this requirement into force in due course)
two.2.11) Information about options
Options: No
two.2.14) Additional information
1. The contract is being modified by a 3 year extension and may be modified further with a reduced residual frequency/addition of weekly food waste collection.
2. Food waste collections were included in the original procurement for this contract with bidders invited to provide pricing and other information. Although this option was not taken up initially its inclusion does permit the contract to now be modified to include these collections under Regulation 72(1)(a). The decision on this shall be subject to Committee approval.
3. The extension of the contract for delivery of the existing services is permissible under Regulation 72(1)(e) in that it is not considered a substantial modification within the meaning of the Regulations.
4. A modification is not substantial within the meaning of the Regulations where:
a) It does not render the contract materially different in character. In this instance although there is potential for a small revision to the way in which the services are delivered (i.e. collection frequency), the services remain essentially the same and therefore the contract is not materially different.
b) It does not introduce conditions which would have allowed for the admission or acceptance of other candidates or tender, or, would have attracted additional participants. While it is impossible to say for certain that no other party would have been interested had they been aware of the potential for a longer contract length this is a relatively specialised and small market so one can posit that this would be highly unlikely. As the services remain essentially unchanged the extension alone would not have allowed for the acceptance or admission of other candidates.
c) It does not change the economic balance of the contract in favour of the contractor in a way not provided for in the contract. In this instance while changes to collection Page 18 frequency may result in a small increase in the price paid to the contract this is relatively minimal in the context of the overall contract value and is attributable to additional costs incurred by the contractor for making those changes.
d) It does not considerably extend the scope of the contract. As stated above, in this instance the services remain essentially the same so there is no alteration to the contract scope.
5. Therefore, the modification to extend the current contract for an additional three years is permissible under Regulation 72(1)(e).
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
This contract can be awarded without prior publication of a contract notice because the modification is not considered to be substantial.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2016/S 070-122768
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
19 May 2022
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
BIFFA WASTE SERVICES LIMITED
Coronation Road, Cressex
High Wycombe
HP12 3TZ
Country
United Kingdom
NUTS code
- UKJ1 - Berkshire, Buckinghamshire and Oxfordshire
Companies House
00946107
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £54,640,000
Section six. Complementary information
six.3) Additional information
Current contract cost;
6 years (3+3)
Total £32,650,000
Additional extension cost relating to this VEAT notice;
£7,330,000 per annum
3 years
£21,990,000
Combined Total £54,640,000
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
Royal Courts of Justice, Strand
London
WC2A 2LL
Country
United Kingdom