Organic Waste Disposal · UK public procurement notice

CPV: Household-refuse disposal services · Refuse and waste related services · Refuse recycling services

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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

6 Feb 2024, 16:50 GMT

Last source update

17 Apr 2024, 17:03 BST

Authority reference

DDPT013

FTS notice number

2024/S 000-012562

Classification (CPV)

Household-refuse disposal servicesRefuse and waste related servicesRefuse recycling services

Delivery area

East Midlands (UKF1)

Official registry OCID

ocds-h6vhtk-0437b4 Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

Derbyshire County Council (DCC) is the Waste Disposal Authority (WDA) for the county with responsibility for deciding the disposal of waste collected by Derbyshire's eight Districts and Boroughs in their capacity as Waste Collection Authorities (WCA).

DCC currently use In Vessel Composting (IVC) to process organic waste material. The primary advantage of IVC is its ability to accept and treat a comingled feedstock.

Recent changes to legislation require all WCAs to provide a free and weekly collection of food waste from the kerbside. Whilst not introducing a strict prohibition on the comingling of food and garden waste, the requirement for collections to be weekly, all year round and free means continuing to comingle both streams would incur significant additional cost for which no new burdens funding would be available.

Alternative techniques (anaerobic digestion of food waste and open windrow for garden waste) may offer significant improvements in terms of operating costs and environmental performance however a comprehensive cost benefit analysis is required prior to DCC reaching a final determination.

To allow DCC time, for such an assessment to be conducted and for the subsequent procurement and contract mobilisation to take place, Derbyshire Dales District Council needs an interim contract arrangement from 1st March 2024, until 31st March 2026 to enable continuation of organic waste disposal services.

Letting contracts of this type for shorter contract periods significantly reduces the attractiveness of the contract to the market. A contract term of one or two years makes it very difficult for prospective bidders to recoup their bid and contract mobilisation costs, which can be significant.

There is a limited number of organic waste disposal and processing locations within or near the Derbyshire Dales District border that allow the council to dispose of its organic waste and meet the terms agreed on its waste and recycling collection contract without significant additional costs.

Because of the uncertainty regarding the Council's long-term requirements and the need for a short-term solution to maintain current services, competition is absent. Where competition for public service contracts is absent for technical reasons, contracting authorities may use a negotiated procedure without prior publication in accordance with regulation 32 (2) (b) (ii) of the Public Contracts Regulations 2015.

Publisher note: A Voluntary ex ante transparency notice was issued on the 6 February 2024 and a 10 day standstill observed before entering into the contracts.

• Biffa Waste Services LimitedAwarded supplierGB-COH: 00946107 Coronation Road, Cressex,, High Wycombe, South East, HP12 3TZ
• Severn Trent Green Power LtdAwarded supplierGB-COH: 04501557 The Stables, Radford, Chipping Norton, South East, OX7 4EB

No document links were published on the notice.