Section one: Contracting authority/entity
one.1) Name and addresses
West Sussex County Council
County Hall
Chichester
PO19 1RG
Contact
Neil Robb
Telephone
+44 3302229426
Country
United Kingdom
Region code
UKJ27 - West Sussex (South West)
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
Materials Resource Management Contract (MRMC)
two.1.2) Main CPV code
- 45222110 - Waste disposal site construction work
two.1.3) Type of contract
Works
two.1.4) Short description
Changes to the existing long-term waste management
contract for the prevention, reception, reuse, recycling, recovery, transport, treatment and disposal of waste for which it is the statutory waste disposal authority. The contract does not include the collection of waste.
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: £703,500,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45232470 - Waste transfer station
two.2.3) Place of performance
NUTS codes
- UKJ27 - West Sussex (South West)
two.2.4) Description of the procurement
Changes to the existing long-term waste management
contract for the prevention, reception, reuse, recycling, recovery, transport, treatment and disposal of waste for which it is the statutory waste disposal authority. The contract does not include the collection of waste.
two.2.5) Award criteria
Quality criterion - Name: Technical/ Quality / Weighting: 40
Cost criterion - Name: Price / Weighting: 60
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
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
Section 57(8) of the Environment Act 2021 (“the 2021 Act”) requires separate (weekly) kerbside collection and treatment of household food waste. Section 45A of the 2021 Act (and Central Government’s related ‘Simpler Recycling’ policy), require Waste Collection Authorities (“WCAs”) to commence collection of food waste separately from household waste by March 2026.
Separately collected recyclable waste streams cannot be mixed with other recyclable waste stream or with other types of waste or other substances or articles. Consequently, in its capacity as a WDA, WSCC is now required to make arrangements to treat segregated food waste separately from residual black bag waste and other waste.
The introduction of separate food waste collections will thus render a significant part of the current function of the MBT facility (the separation of the biodegradable/organic and inorganic fractions of residual waste) redundant. This is because the new collection arrangements mean that these types of waste will no longer be mixed, and therefore will no longer require separation at the MBT facility.
In order to address the introduction of separate food waste collection, WSCC is reconfiguring the MBT facility to introduce a separate (biological) processing line for separately collected food waste. The re-configuration of the MBT facility is expected to increase plant reliability and reduce cost (and deliver a number of other financial and environmental benefits).
The required reconfiguration services and works at the MBT facility require to be conducted on a flexible and iterative basis because the WCAs whose waste will be processed at the MBT facility will introduce segregated food waste collection at different times in advance of 31 March 2026.
WSCC is varying the MRMC Contract to provide for Biffa West Sussex to undertake the required services and works at the MBT facility to address the matters summarised above.
Having regard to (i) Biffa West Sussex’s position as the on-going provider of services at the MBT facility, and its expertise and experience in establishing and running the facility, and related property and intellectual property rights and knowhow, and (ii) the need for the required services and works to be delivered in a manner that does not prevent or undermine successful continuity of on-going service provision, WSCC considers that conducting a procurement in respect of the required services and works, and potentially changing contractor, is not feasible for economic or technical reasons including (amongst other things) requirements of interchangeability or interoperability with existing equipment, services and/or installations at the MBT facility. A change of contractor would also, in these circumstances, cause significant inconvenience or substantial duplication of costs for WSCC.
WSCC also considers that the introduction of the legislative and policy measures summarised above, and the reconfiguration of the MBT facilities which they require, could not reasonably have been foreseen. Accordingly, WSCC considers that the Modifications satisfy the requirements of regulations 72(1)(b) and (c) of the Public Contracts Regulations 2015.
WSCC estimates the total costs of the ANC015 and ANC017 services and works at ca£7.5 million.
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: 2010/S 155-239045
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
23 July 2024
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 WEST SUSSEX LTD
|
Buckinghamshire
HP12 3TZ
Country
United Kingdom
NUTS code
- UKJ27 - West Sussex (South West)
National registration number
06744107
Internet address
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: £696,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court
London
London
EC4A 1NL.
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
Cabinet Office - Public Procurement Review Service
1 Horse Guards Road
London
SW1A 2HQ
Country
United Kingdom