Hertfordshire County Council

County Hall, Pegs Lane, Hertfordshire

Hertford

SG13 8DN

UK

Contact person: Matt King

Telephone: +44 1992555326

E-mail: matthew.king@hertfordshire.gov.uk

NUTS: UKH23

Internet address(es)

Main address: https://www.hertfordshire.gov.uk

II.1.1) Title

II.1.2) Main CPV code

90513000

II.1.3) Type of contract

Services

II.1.4) Short description

Long term contract entered into between the contracting authority (‘the Council’) and LondonWaste Limited (the ‘Contractor’) in 1997 for treatment and disposal of up to 100 000 tonnes per year of residual municipal waste arising in Hertfordshire County Council's administrative area (‘1997 Agreement’). This VeAT notice is in respect of proposed modifications to the 1997 Agreement. It is not the award of a new contract. See additional information given at Section II.2.14) and IV.1.1).

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 22 000 000.00  GBP

IV.1.1) Type of procedure

Award of a contract without prior publication of a call for competition

Justification for selected award procedure:

The procurement falls outside the scope of application of the Directive

Explanation:

This notice does not relate to the award of a new contract, but rather the modification of an existing contract described at Section II.2.14) above (‘the 1997 Agreement’). The Council considers that the proposed modifications to the 1997 Agreement are not ‘substantial’, pursuant to art. 72(1)(e) and 72(4) of the Directive, and accordingly that the Proposed Extension may lawfully be agreed between the parties and implemented without the need to conduct a fresh procurement procedure. The character of the 1997 Agreement and the services to be delivered by the Contractor will remain substantially the same pursuant to the Proposed Extension; the terms of the Proposed Extension would have been part of the tender assessed to be the most economically advantageous had they been submitted as part of the initial procurement procedure; there is to be no extension in the scope of the 1997 Agreement; there is to be no change to the economic balance of the 1997 Agreement in favour of the Contractor; and there is to be no replacement of the contractor to whom the Council had initially awarded the 1997 Agreement. The Proposed Extension will extend the term of the 1997 Agreement by 3 years but is not considered by the Council to be a ‘substantial’ modification in the context of the original defined and agreed Operational Period, agreed maximum tonnage and value of the 1997 Agreement or otherwise. The 1997 Agreement originally provided for the ‘Operational Period’ to be the ‘period agreed in writing between the Parties’ and, no set term having been prescribed by the Council in its initial procurement procedure, the parties agreed for the Operational Period to continue until 2017. The parties now wish to extend the Operational Period and to agree other non-substantial, consequential amendments to the 1997 Agreement. The gate fee for the period of the Proposed Extension is to be increased from the rate set in 1997 but the increase reflects a change in the Contractor's operating costs and not a change in economic balance in the Contractor's favour.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

LondonWaste Limited

02732548

EcoPark, Advent Way

London

N18 3AG

UK

Telephone: +44 2088845530

E-mail: James.Kendall@londonwaste.co.uk

NUTS: UKI

Internet address(es)

URL: http://www.londonwaste.co.uk/

The contractor is an SME: No

VI.4.1) Review body

VI.4.3) Review procedure

Precise information on deadline(s) for review procedures:

Any applications to the court must be made in accordance with Part 3 (Remedies) of the Public Contracts Regulations 2015.