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complete
Official procurement procedure
VEAT Notice intention to modify a contract for waste disposal services
Non-hazardous refuse and waste treatment and disposal services
Refuse and waste related services
Waste and rubbish containers and bins
+2 more
Published value
Not published
Submission deadline Not published
Lots published1
Procurement Executive Summary
AI & Search Synopsis
Generated from official OCDS record
Tenderline Synopsis: Devon County Council: "VEAT Notice intention to modify a contract for waste disposal services". Published status: complete. Published value: Value not published. 1 published lot. Submission deadline not published. See the official notice for participation instructions.
| Contracting Authority | Devon County Council | Scope & Categories | Not published | Submission Window | complete No deadline published |
|---|---|---|---|---|---|
| Submission Gateway | Direct notice route | Legal Basis & Regime | Standard procurement | Estimated Value (exc. VAT) | Not published |
Bidder Intelligence · Authority Profile: Devon County Council
Market Analytics
Derived from OCDS awards & bid statistics
Published history for Devon County Council. These figures describe retained records, not a forecast of bids or a measure of buyer bias.
Published-to-award variance
Not availableInsufficient comparable data
Competition Density
Not availableNo published reports
Supplier ConcentrationNo estimate
Insufficient attributable awardsNo concentration estimate availablePayment Terms
Check noticePublished terms
Coverage: 1 active published awards; 0 bid reports (which may be per lot). Supplier values exclude multi-supplier awards, frameworks and DPS, and use GBP only. They are published award values, not payments. Published-to-award variance compares single-lot, single-award, single-supplier GBP procedures with explicitly non-framework/non-DPS status; increases remain in the average. Unpublished data stays unknown. Awarded suppliers are winners, not all bidders.
Procedure terms
Contracting AuthorityDevon County Council | Procedure methodNot published | Procurement categoryNot published |
Statuscomplete | Framework / DPSNot published | CompetitionNot published |
Above thresholdNot published | Legal basisNot published | Tender period startsNot published |
Clarification deadlineNot published | Electronic submissionNot published | Submission languagesNot published |
Published16 Aug 2023, 06:54 BST | Last source update16 Aug 2023, 06:54 BST | Recurring procurementNot published |
ClassificationNon-hazardous refuse and waste treatment and disposal services, Refuse and waste related services, Waste and rubbish containers and bins, Waste incinerators, Waste transfer station | ||
Delivery area | ||
OCIDocds-h6vhtk-03f026 | ||
What is being bought
On 31 July 1998, Devon Waste Management Limited entered into eight contracts with Devon County Council (DCC) for the disposal and processing of waste in eight district council areas. The waste disposal agreements in respect of the Exeter City Council area, East Devon District Council area, Teignbridge District Council area and Mid Devon District Council remain in force (together, the 1998 Agreements). The rights and obligations of Devon Waste Management Limited under the 1998 Agreements were subsequently transferred to Viridor Waste Management Limited (now renamed Valencia Waste Management Limited) (VWML). On 3 October 2011, the 1998 Agreements were varied by deed (the Modification Order) so that waste previously sent to landfill under the 1998 Agreements could be thermally treated. Pursuant to a deed of variation dated 13 January 2020, the Modification Order was updated to include a fourth waste disposal contract in respect of the Mid Devon District Council area. The 1998 Agreements and the Modification Order are together referred to as the "DCC Contract".
Viridor Limited has recently undertaken an internal restructure of its divisional business functions with the creation of three businesses - an Energy business, a Polymers Recovery business and a separate Waste business. As part of this internal reorganisation of the Viridor group of companies, it is intended that the DCC Contract will sit within Viridor Limited's Energy business and so Viridor Limited, VWML and DCC agreed that (pursuant to the terms of the DCC Contract) VWML will novate its rights under the DCC Contract to Viridor Exeter Waste Services Limited ("VEWSL") by way of a deed of novation (the "Deed").
What changed
From the official release history
- Status changed to complete
16 Aug 2023, 06:54 BST - Official notice release published
16 Aug 2023, 06:54 BST - Buyer information updated
16 Aug 2023, 06:54 BST
Lots and requirements (1)
Published by the contracting authority
- Lot 1 · #1Individual lot title not publishedStatus not publishedPublished valueNot publishedThis notice is in relation to a novation of contract for waste disposal services.Contract periodNot publishedEligibilityNot publishedOptions / renewalNot published
Timeline
- Procedure published
16 Aug 2023, 06:54 BST - Award active
Not published · Not published - Contract active
Signed 3 Oct 2011, 00:00 BST · £195,000,000
Commercial outcome and competition
Awards Viridor Exeter Waste Services Limited Not published · Not published · active |
Contracts Contract £195,000,000 · signed 3 Oct 2011, 00:00 BST · active |
Bid statisticsNo aggregate bid statistics published |
Buyer and organisations in this procedure
Devon County Council
Contracting authority GB-FTS-90295Documents (0)
Official links; attachments are not copied
No linked documents are published
Related procedures (0)
No related procedures published
Planning and rationale
Planning budgetNot published |
No-engagement rationaleNot published |
Procedure rationaleModification 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. |