VEAT Notice intention to modify a contract for waste disposal services

CPV: Non-hazardous refuse and waste treatment and disposal services · Refuse and waste related services · Waste and rubbish containers and bins · Waste incinerators · Waste transfer station

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

16 Aug 2023, 06:54 BST

Last source update

16 Aug 2023, 06:54 BST

FTS notice number

2023/S 000-023964

Classification (CPV)

Non-hazardous refuse and waste treatment and disposal servicesRefuse and waste related servicesWaste and rubbish containers and binsWaste incineratorsWaste transfer station

Delivery area

South West (UKK4)

Official registry OCID

ocds-h6vhtk-03f026 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Modification of a contract without a new competition as permitted under Regulation 72 of the Public Contracts Regulations 2015.

Explanation:

The DCC Contract contain clear, precise and unequivocal review mechanisms allowing VWML to transfer the benefit of the relevant contract with the prior written consent of DCC,

namely:

Clause 79.2 of the Modification Order provides that:

"...the Contractor shall not sub-contract, assign, underlet, charge, sell, bargain or otherwise deal in any way with the benefit of this Modification Order in whole or in part except with the prior written consent of the Authority, such consent not to be unreasonably withheld."

Condition 13 of the 1998 Agreements provides that:

"The Authority shall be entitled to assign the benefit of the Contract or any part thereof and shall give written notice of any assignment to the Contractor.

The Contractor shall not without the previous written consent of the Authority, which consent shall be in the discretion of the Authority and if given, shall not relieve the Contractor from any liability or obligation under the Contract and the Contractor shall be responsible for the acts, defaults or neglect of any sub-contractor, or assignee, its employees or agents in all respects as if they were the acts, defaults or neglects of the Contractor, its employees or agents:-

(a) assign the Contract or any part thereof or the benefit or advantage of the Contract or any part thereof; nor

(b) sub-contract the provisions of the Service or any part thereof to any person".

Clause 79.2 of the Modification Order and Condition 13 of the 1998 Agreements allow for modification (and therefore novation) of the DCC Contract without a new procurement as:

(a) they clearly state (in accordance with Regulation 72(1)(a)(i) of the Public Contracts Regulations 2015) that: (i) the scope of the permitted modification is a transfer of the benefit of the DCC Contract and (ii) that the conditions to such modifications are clearly expressed as being the prior written consent of DCC.

(b) they only permit a transfer of the DCC Contract to another entity, they do not provide for modifications that would alter the overall nature of the DCC Contract within the meaning of Regulation 72(1)(a)(ii) of the Public Contracts Regulations 2015.

• Viridor Exeter Waste Services LimitedAwarded supplierGB-COH: 12876946 Viridor House, Priory Bridge Road, Taunton, South West, TA1 1AP

No document links were published on the notice.