Section one: Contracting authority/entity
one.1) Name and addresses
Worcestershire County Council; County of Hereford District Council
County Hall
Worcester, Hereford
Contact
Kate Kelly
Telephone
+44 1905846335
Country
United Kingdom
Region code
UKG1 - Herefordshire, Worcestershire and Warwickshire
Justification for not providing organisation identifier
Not on any register
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
Herefordshire and Worcestershire Integrated Waste Management Contract
two.1.2) Main CPV code
- 90510000 - Refuse disposal and treatment
two.1.3) Type of contract
Services
two.1.4) Short description
This VEAT notice relates to a permitted modification to a contract originally awarded in December 1998 (following a competitive award process in accordance with the then applicable Public Services Contracts Regulations 1993 under the negotiated procedure) . The modification involves (i) an extension of 5 years to the contract (at a discounted sum from the current contract terms), (ii) alternative disposal obligations in respect of food and garden waste and paper/cardboard to meet Herefordshire Council's proposed future waste collection model and anticipated future legislation, (iii) inclusion of the right of Herefordshire Council to require additional waste to be processed at the Energy from Waste facility at Hartlebury at an agreed commercial rate to achieve the Council's diversion from landfill targets . The amendments will be validly made and the Councils' decisions in relation to the modifications are in the public domain (see links at the end of this section). Item (i) above is within the scope of the original published contract notice, is permitted under regulation 72(1)(e) of the Public Contracts Regulations 2015 ("PCR") and does not amount to a new contract. Items (ii) and (iii) above are also not substantial (as permitted by Regulation 72(1)(e) of PCR and the variations do not amount to a new contract. In addition, item (ii) is permitted under regulation 72(1)(f) of PCR.
Links: https://worcestershire.moderngov.co.uk/documents/g3730/Public reports pack 09th-Dec-2021 10.00 Cabinet.pdf?T=10;
https://worcestershire.moderngov.co.uk/documents/g3730/Printed minutes 09th-Dec-2021 10.00 Cabinet.pdf?T=1
https://councillors.herefordshire.gov.uk/documents/g8138/Public reports pack Thursday 25-Nov-2021 14.30 Cabinet.pdf?T=10; https://councillors.herefordshire.gov.uk/documents/g8138/Public minutes Thursday 25-Nov-2021 14.30 Cabinet.pdf?T=11
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: £1,176,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 90514000 - Refuse recycling services
two.2.3) Place of performance
NUTS codes
- UKG1 - Herefordshire, Worcestershire and Warwickshire
Main site or place of performance
Worcestershire and Herefordshire
two.2.4) Description of the procurement
This VEAT notice relates to the permitted modification of an integrated contract which comprises the design, construction financing and operation of facilities to receive, process, dispose of and/or recycle municipal solid waste generated within the counties of Herefordshire and Worcestershire for a period of between 15 and 30 years. The original contract was awarded in December 1998 following a negotiated procedure procurement, and was subject to a permitted modification in 2014. See section IV.2.1 for details of the previous notice.
two.2.11) Information about options
Options: No
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 VEAT notice relates to a permitted modification to a contract originally awarded in December 1998 (following a competitive award process in accordance with the then applicable Public Services Contracts Regulations 1993 under the negotiated procedure). The modification involves (i) an extension of 5 years to the contract (at a discounted sum from the current contract terms), (ii) alternative disposal obligations in respect of food and garden waste and paper/cardboard to meet Herefordshire Council's proposed future waste collection model and anticipated future legislation, (iii) inclusion of the right of Herefordshire Council to require additional waste to be processed at the Energy from Waste facility at Hartlebury at an agreed commercial rate to achieve the Council's diversion from landfill targets . The amendments will be validly made and the Councils' decisions in relation to the modifications are in the public domain (see links at the end of this section). Item (i) above is within the scope of the original published contract notice, is permitted under regulation 72(1) (e) of ("PCR") and does not amount to a new contract. Each of items (ii) and (iii) above are also not substantial (as permitted under regulation 72(1)(e) of the PCR) and the variations do not amount to a new contract. In addition, item (ii) is permitted under regulation 72(1)(f) of PCR.
Links: https://worcestershire.moderngov.co.uk/documents/g3730/Public reports pack 09th-Dec-2021 10.00 Cabinet.pdf?T=10;
https://worcestershire.moderngov.co.uk/documents/g3730/Printed minutes 09th-Dec-2021 10.00 Cabinet.pdf?T=1
https://councillors.herefordshire.gov.uk/documents/g8138/Public reports pack Thursday 25-Nov-2021 14.30 Cabinet.pdf?T=10; https://councillors.herefordshire.gov.uk/documents/g8138/Public minutes Thursday 25-Nov-2021 14.30 Cabinet.pdf?T=11
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2014/S 087-152968
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
22 December 1998
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
Mercia Waste Management Limited
Evesham
Country
United Kingdom
NUTS code
- UKG12 - Worcestershire
Companies House
03525188
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: £1,176,000,000
Total value of the contract/lot/concession: £1,176,000,000
Section six. Complementary information
six.3) Additional information
The contract was procured and jointly awarded by both Worcestershire County Council ("WCC") and the County of Herefordshire District Council ("CHDC") of Plough Lane, Hereford, HR4 0LE
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