Herefordshire and Worcestershire Integrated Waste Management Contract

Official notice

Authority: Worcestershire County Council; County of Hereford District Council (Local council)

ServicesAward procedure without prior publication of a call for competition

Sectors: Cleaning & Environmental Services (90) Delivery: West Midlands (UKG1)

Budget not disclosedValue not published

Awarded 22 Dec 1998no call for competition

Awarded to Mercia Waste Management Limited

What is being bought

Published requirement 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: worcestershire.moderngov.co.uk/documents/g3730/Public ↗ reports pack 09th-Dec-2021 10.00 Cabinet.pdf?T=10;

worcestershire.moderngov.co.uk/documents/g3730/Printed ↗ minutes 09th-Dec-2021 10.00 Cabinet.pdf?T=1

councillors.herefordshire.gov.uk/documents/g8138/Public ↗ reports pack Thursday 25-Nov-2021 14.30 Cabinet.pdf?T=10; councillors.herefordshire.gov.uk/documents/g8138/Public ↗ minutes Thursday 25-Nov-2021 14.30 Cabinet.pdf?T=11

CPV: Refuse disposal and treatment · Refuse recycling services

The lotProcurement structure

single lot · no lot value published

Lot #1This VEAT notice relates to the permitted modification of an integrated contract which…

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.

Delivery: West Midlands · Worcestershire and Herefordshire

90514000 Refuse recycling services

Procedure terms & legal framework

From the official record · publisher note attached

Procedure method: Award procedure without prior publication of a call for competition
Legal basis: CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category: Services
Notice status: Awarded without competition
Procurement threshold: Unspecified in notice
Regulatory regime: Standard
Commercial structure: Stand-alone contract (no framework)
Competition type: Direct award (no call for competition)
GPA / WTO covered: Unspecified in notice
Recurring procurement: Unspecified in notice
First published: 28 Nov 2022, 15:59 GMT
Last source update: 28 Nov 2022, 15:59 GMT
FTS notice number: 2022/S 000-033681
Classification (CPV): Refuse disposal and treatmentRefuse recycling services
Delivery area: West Midlands (UKG1)
Official registry OCID: ocds-h6vhtk-0388db Find a Tender

Why no open competition: The procurement falls outside the scope of application of the directive
Published justification: 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: worcestershire.moderngov.co.uk/documents/g3730/Public ↗ reports pack 09th-Dec-2021 10.00 Cabinet.pdf?T=10;
worcestershire.moderngov.co.uk/documents/g3730/Printed ↗ minutes 09th-Dec-2021 10.00 Cabinet.pdf?T=1
councillors.herefordshire.gov.uk/documents/g8138/Public ↗ reports pack Thursday 25-Nov-2021 14.30 Cabinet.pdf?T=10; councillors.herefordshire.gov.uk/documents/g8138/Public ↗ minutes Thursday 25-Nov-2021 14.30 Cabinet.pdf?T=11

Publisher note: 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

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast

Awards 1

Awarded value Not summedvery large published value (£1bn+), not counted until verified; check the notice

Contracts signed 1latest 22 Dec 1998

Awarded to	Value	Date	Status
Mercia Waste Management Limited	£1,176,000,000 †very large published value · not counted until verified, check the notice	—	Awarded

Contracts

Contract 033681-2022-1 · Mercia Waste Management Limited
Signed
22 Dec 1998
Value
£1,176,000,000
Status
active

Contracting authority & participating public bodies

Worcestershire County Council; County of Hereford District Council

Contracting authorityLocal CouncilRegional or local authorityGeneral public services County Hall, Worcester, Hereford, West MidlandsContact name, email, phone

Dispute resolution & review bodies

High Court of England and WalesReview body London

Bidders & participating suppliers

1 commercial party on the notice

Mercia Waste Management LimitedAwarded supplierGB-COH: 03525188 Evesham, West Midlands

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.