Section one: Contracting authority/entity
one.1) Name and addresses
Norfolk Environmental Credits Limited
The Horizon Centre
Norwich
NR70WF
Contact
Tom Sayer
admin@norfolkenvironmentalcredits.co.uk
Telephone
+44 1508533931
Country
United Kingdom
Region code
UKH15 - Norwich and East Norfolk
Companies House
14573978
Internet address(es)
Main address
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Nitrogen and Phosphorous Mitigation Agreement
two.1.2) Main CPV code
- 90710000 - Environmental management
two.1.3) Type of contract
Services
two.2) Description
two.2.2) Additional CPV code(s)
- 90700000 - Environmental services
two.2.3) Place of performance
NUTS codes
- UKH15 - Norwich and East Norfolk
two.2.4) Description of the procurement at the time of conclusion of the contract:
Norfolk Environmental Credits Limited ('NEC') generate, establish and sells nutrient mitigation credits to offset nutrient pollution generated by new residential developments. On 10 May 2024 , NEC entered into a contract for the delivery of Nitrogen and Phosphorous Mitigation with Norfolk Rivers Consortium ('the Contract').
The scope of services covered under the Contract relate to the provision of high efficiency nutrient removal package treatment plants for the generation, establishment and sale of nutrient mitigation credits.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
12
Section four. Procedure
four.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2024/S 000-024716
Section five. Award of contract/concession
Contract No
MIT00002 Septic Tank Upgrades
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
10 May 2024
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Norfolk Rivers Consortium Limited
Haslers Hawke House, Old Station Road
Loughton, Essex
IG10 4PL
Country
United Kingdom
NUTS code
- UK - United Kingdom
Companies House
14346827
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £4,000,000
Section six. Complementary information
six.3) Additional information
NEC intends to extend the Contract to allow for a further 49 Delivered Savings as more fully described in VII.1.4) by reference to Regulation 72(1)(b) of the Public Contracts Regulations 2015 ("PCR").
For the purposes of assessing whether the conditions with Regulation 72(1)(b) PCR have been satisfied, NEC has considered it necessary and proportionate to calculate the value of the Contract in the Contract Award Notice and this extension on the basis of the quantum of phosphorus secured.
Consequently, notwithstanding the duration as stated in this Modification Notice, the commitment to deliver the total phosphorus (and associated nitrogen offset) as valued in this Modification Notice and the Contract Award Notice during the initial 12 month and extension of the Contract by 6 months may result in circumstances where the actual duration of Contract extends beyond the initial duration and extension of the Contract.
six.4) Procedures for review
six.4.1) Review body
High Court
London
Country
United Kingdom
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 90710000 - Environmental management
seven.1.3) Place of performance
NUTS code
- UK - United Kingdom
seven.1.4) Description of the procurement:
This notice relates to an extension to allow for a further 49 Delivered Savings under the Contract, with a new total amount of 149 Delivered Savings under the Contract.
NEC considers the modifications of the Contract without prior publication of a Contract Notice is permitted by the PCR and Directive 2014/24/EU (the "Directives").
The Contract was modified in accordance with regulation 72(1)(b)/article 72(1)(b) on 13 December 2024 and accordingly does not in NEC's view amount to the award of a new contract and/or an unlawful substantial change. The modification does not alter the overall nature of the Contract. The estimated price increase does not exceed 50 % of the estimated value of the original Contract (as identified in the Contract Award Notice).
The extension to allow for a further 49 Delivered Savings is necessary for the provision of additional services, namely for the continued generation of the nutrient mitigation credits.
A change of contractor cannot be made for economic and technical reasons and would cause significant inconvenience and substantial duplication of costs for NEC. The mobilisation of a new contractor to deliver the required nutrient savings in the required timescales is not feasible and would lead to substantial duplication of costs.
Separately NEC has commenced a competitive procurement (notice reference: 2024/S 000-037896), for delivery of permanent nutrient savings from mid-March 2025. The extension will enable further savings to be delivered whilst NEC conducts the competitive procurement.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
18
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£5,960,000
seven.1.7) Name and address of the contractor/concessionaire
Norfolk Rivers Consortium Limited
Haslers Hawke House, Old Station Road
Loughton, Essex
IG10 4PL
Country
United Kingdom
NUTS code
- UK - United Kingdom
Companies House
14346827
The contractor/concessionaire is an SME
Yes
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
NEC has agreed with the contractor to extend the Contract to allow for the delivery of an additional 49 Delivered Savings which were not originally provided for under the Contract.
seven.2.2) Reasons for modification
Need for additional works, services or supplies by the original contractor/concessionaire.
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:
The modification is brought about by the need for additional services which were not originally provided for under the Contract. The modifications are in accordance with Part 2 of the PCR which implements the Directive. The modifications are particularly provided for in regulation 72(1)(b) (additional services) of PCR. NEC considers the modification without prior publication of a Contract Notice is permitted by the PCR and the Directive. The Contract was modified on 13 December 2024 in accordance with regulation 72(1)(b)/article 72(1)(b) and does not in NEC's view amount to the award of a new contract and/or an unlawful substantial change. NEC has separately commenced a procurement (Notice reference: 2024/S 000-037896) for the delivery of permanent nutrient neutrality mitigation.
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £4,000,000
Total contract value after the modifications
Value excluding VAT: £5,960,000