Section one: Contracting authority/entity
one.1) Name and addresses
Somerset County Council
County Hall
Taunton
TA1 4DY
Contact
Vicky Woodland
Telephone
+44 1823355118
Fax
+44 1823355758
Country
United Kingdom
NUTS code
UKK23 - Somerset
Internet address(es)
Main address
Buyer's 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
Somerset County Council Waste Project
Reference number
DN624159
two.1.2) Main CPV code
- 90500000 - Refuse and waste related services
two.1.3) Type of contract
Services
two.1.4) Short description
Somerset County Council (“Council”) awarded a contract to Viridor Waste Management Limited (“Viridor”) in 2006 following a procurement for project management services for the delivery of the Council’s municipal waste strategy and its landfill directive obligations to divert biodegradable municipal waste from landfill (the “Contract”). The procurement was advertised in OJEU Contract Notice (2004/S 204-174980). This also encompassed the delivery of waste services and development of new waste treatment facilities - details can be found in the OJEU Contract Notice.
Viridor has subsequently changed its name to Valencia Waste Management Limited “(VWML”).
The Council is intending to enter into a novation agreement with Syracuse Waste Limited (No. 13269384) (“Syracuse”) which is a contractor successor to VWML. This will result in Syracuse replacing VWML as the party to the Contract for the remainder of the term.
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: £288,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 71800000 - Consulting services for water-supply and waste consultancy
- 79723000 - Waste analysis services
- 90500000 - Refuse and waste related services
two.2.3) Place of performance
NUTS codes
- UKK23 - Somerset
two.2.4) Description of the procurement
The Contract was entered into on 14 May 2006 for a duration of 191 months with an est. value of £288m (and a max. duration of 299 months) for the services referred to above. The proposed novation will not seek to extend the duration beyond the max. duration of the Contract and will expire on 31 Mar 2031.
Viridor transferred the resources, assets and staff (engaged in providing the services) into a newly created wholly-owned subsidiary, Syracuse, on 31 Jul 2021.
On 31 August 2021 Biffa Waste Services Limited acquired the entire share capital of Syracuse.
The Council intends to novate the Contract to Syracuse with the remaining term running until 31 Mar 2031. The novation will take place no earlier than the expiry of 10 days from the publication of this notice.
The £288m value in II.1.7) represents the est. value of the Contract when it was entered into on 14 May 2006 on the basis of a ~£17m value per annum across 191 months. See II.2.14) for details of est. remaining value.
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 Contract has an initial term of 191 months (~16 years) with an option to extend for 9 years (which has been invoked).
The remaining term on the novated Contract will be ~108 months with an estimated remaining value of £115m on the basis of ~£12m value per annum. The per annum value is lower due to the March 2017 variation that removed residual waste treatment and disposal from the services.
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:
The Contract was entered into on 14 May 2006 for a duration of 191 months with an est. value of £288m (and a max. duration of 299 months) for the services referred to above. The proposed novation will not seek to extend the duration beyond the max. duration of the Contract and will expire on 31 Mar 2031.
Viridor transferred the resources, assets and staff (engaged in providing the services) into a newly created wholly-owned subsidiary, Syracuse, on 31 Jul 2021.
On 31 August 2021 Biffa Waste Services Limited acquired the entire share capital of Syracuse.
The Council intends to novate the Contract to Syracuse with the remaining term running until 31 Mar 2031. The novation will take place no earlier than the expiry of 10 days from the publication of this notice.
The £288m value in II.1.7) represents the est. value of the Contract when it was entered into on 14 May 2006 on the basis of a ~£17m value per annum across 191 months. See II.2.14) for details of est. remaining value.
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
Title
Somerset County Council Waste Project
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
13 May 2019
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
Syracuse Waste Limited
Coronation Road, Cressex
High Wycombe
HP12 3TZ
Country
United Kingdom
NUTS code
- UKJ1 - Berkshire, Buckinghamshire and Oxfordshire
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £115,000,000
Total value of the contract/lot/concession: £288,000,000
Section six. Complementary information
six.3) Additional information
• V20 – execution of the contract extension clause in lieu of financial savings for the Council. Minimal operational impact and annual contract saving ranging from £300k in 2018/19 to £800k per annum from 2022/23 to the extent of the contract. Other modifications include a rebase of the minimisation bonus, revised agreement of how to share future contract savings, temporary increase in the contractor default cap and a further modification in recycling site operational hours
• V21 – Anaerobic Digestion Services. Price amendment for additional tonnages to assist in budget reductions. No operational impact.
• V22 variation to formally capture existing practices in to the contract. Minor operational impacts. No financial implications
six.4) Procedures for review
six.4.1) Review body
High Courts of Justice
The Royal Court of Justice, The Strand
London
WC2A 2LL
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
In accordance with Chapter 6 of the Public Contracts Regulations 2015 (as amended) (Regulations 88 to 104)
Continued from Annex D1:
• V1 – CCTV Protocol – minor amendment to reflect use of new CCTV equipment. Minor operation scale. No financial impact
• V2 – Williton Transfer – Council’s decision to not proceed with the provision of a transfer facility. Service reduction with minimal operational impact. No additional contractual financial cost
• V3 – Dimmer Compost Price – rationalisation of original contract banded pricing to a single price point. No operational or financial impact. Minor amendment.
• V4 – Poole Transfer – Council decision to remove a delivery point location. Service reduction with minimal operational impact and no additional contractual financial cost
• V5 – HWRC Opening Hours – Council decision to reduce recycling site operating hours. Saving of £165k per annum. Minimal impact to service whilst minimising budget reductions
• V6 – Closed Landfill Management – variation to formally incorporate this service within the Core Services Contract. Continued operational service. No financial impact
• V7 – Chard HWRC Replacement – transition of site location following the Council build out of a new facility. Minimal operational impact, signposted within the Core Services contract. Financial increase in site management fee of circa £41k per annum
• V8 – Dimmer In Vessel Price – price adjustment following the extinction of Defra funding amounting to an increase of £17.54 per tonne in the cost of treating food waste. No operational impact
• V9 – Inert Waste Disposal Rate - contract rate change following a revaluation of the cost of landfill remediation and aftercare. No operational impact. Minor contractual cost increase of £2.50 per tonne for the treatment of inert contractual waste
• V10 – Recycling Centre Opening Times – Council decision to reduce recycling site operating hours. Saving of £291k per annum. Minimal impact to service whilst minimising budget reductions
• V11 – Community Recycling Sites – Council decision to avoid site closures through making budget reductions in designating 4 of the 18 Somerset recycling sites as community recycling sites (thereby being a discretionary rather than statutory provision). Imposing a gate fee for residents to use those facilities
• V12 – Recycling Centre Commodity Charging – removal of contractual payment terms for hardcore, tyres & gas bottles. Allowing contractor to introduce charging for these non-household items at the Recycling Centres in order for the Council to make budget reductions (circa £200k per annum)
• V13 – Pre payments – agreement to pre pay the contractor on a quarterly in advance basis, in order to gain some financial cash flow benefit. Council decision to be able to make budget reduction of circa £100k per annum
• V14 – CRS Closures & Opening Times – Council decision to close 2 community recycling sites, previously provided as a result of VO11 and to increase recycling site opening hours previously set by VO10. Minor operational impact and a reduction in budget savings provided by VO10 of £80k per annum
• V15 – GDPR – updating the contract from DPA to GDPR. No operational or financial impact
• V16 – waiver to provide a PCG in lieu of a bond. No operational impact.
• V17 – provision of a PCG releasing financial savings. No operational impact.
• V18 – residual waste treatment and disposal removed and captured in separate contract.
• V19 – replacement of IVS services with AD for food waste treatment recognizing improved processing technology and budget reductions.
Continued in VI.3)