Modification notice
Modification of a contract/concession during its term
Section I: Contracting
authority
I.1) Name and addresses
Southend-on-Sea Borough council
Civic Centre, Victoria Avenue
Southend-on-Sea
SS2 6RE
UK
Contact person: Steven Crowther
E-mail: steve.crowther@southend.gov.uk
NUTS: UKH31
Internet address(es)
Main address: www.southend.gov.uk
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Recycling, waste and street cleansing services
II.1.2) Main CPV code
90000000
II.1.3) Type of contract
Services
II.2) Description
Lot No: N/A
II.2.1) Title
N/A
II.2.2) Additional CPV code(s)
90500000
90511000
90511200
90513000
90514000
90530000
90610000
90611000
90612000
90640000
90641000
90642000
34143000
44113910
50760000
90510000
45232470
34144511
90000000
45222110
II.2.3) Place of performance
NUTS code:
UKH31
Main site or place of performance:
Southend-on-Sea Borough Council's Administrative Area.
II.2.4) Description of the procurement
Waste collection, recycling and street cleansing services.
II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 185
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2014/S 109-192603
Section V: Award of contract/concession
Contract No: 109-192603
Title: Waste Collection, Recycling and Street Cleansing Services
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
21/05/2015
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor/concessionaire
Veolia ES (UK) Ltd
02481991
8th Floor 210 Pentonville Road
London
N1 9JY
UK
NUTS: UKI
Internet address(es)
URL: www.veolia.co.uk
The contractor/concessionaire is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 150 000 000.00
GBP
Section VI: Complementary information
VI.3) Additional information
See VEAT notice 2018/S 018-37917 paragraph II.2.4.
Notice issued pursuant to Regulation 72 (1)(c) and Regulation 72(3) of the Public Contracts Regulations 2015.
VI.4) Procedures for review
VI.4.1) Review body
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Telephone: +44 20794760000
VI.4.2) Body responsible for mediation procedures
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Telephone: +44 20794760000
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
Please see Civil Procedure Rules for the above court.
VI.4.4) Service from which information about the review procedure may be obtained
High Court
Royal Courts of Justice, Strand
London
WC2A 2LL
UK
Telephone: +44 20794760000
VI.5) Date of dispatch of this notice
10/05/2018
Section VII: Modifications to the contract/concession
VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
90000000
VII.1.2) Additional CPV code(s)
90500000
90511000
90511200
90514000
90530000
90610000
90611000
90612000
90640000
90641000
90642000
34143000
44113910
50760000
90510000
45232470
34144511
90000000
45222110
VII.1.3) Place of performance
NUTS code:
UKH31
Main site or place of performance:
Southend-on-Sea Borough Council's Administrative Area.
VII.1.4) Description of the procurement
Waste Collection Recycling and Street Cleansing Services.
VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 96
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the procurement: 75 000 000.00 GBP
The contract/concession has been awarded to a group of economic operators:
No
VII.1.7) Name and address of the contractor/concessionaire
Veolia ES (UK) Ltd
02481991
8th Floor 210 Pentonville Road
London
N1 9JY
UK
NUTS: UKI
Internet address(es)
URL: www.veolia.co.uk
The contractor/concessionaire is an SME:
No
VII.2) Information about modifications
VII.2.1) Description of the modifications
The modifications comprise the following:
(a) The original contractual expiry date of 30.3.2031 is brought forward (so the original contract is shortened) to what was the Council's contractual optional break date of 4.10.2023.
(b) Reduction in recycling targets
(c) Reduction in residual waste tonnage targets.
(d) Recalibration of greenhouse gas targets.
(e) Adjustment to reported missed collections.
(f) Adjustment of compensation for early termination provisions in the event that there is a termination prior to the new expiry date of 4.10.2023.
VII.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
The original contract was awarded following a procurement during which information as to tonnages of various materials collected by the incumbent contractor was provided to all tenderers for inclusion in their tenders. The Authority did not/could not have known about the accuracy of that information. The Contractor relied on the tonnage information in formulating its final tender. Post commencement of the Contract the Contractor has informed the Authority that the tonnage information supplied by the previous contractor was incorrect and the composition of the waste collected since commencement of the Contract was incorrect. Namely: the actual tonnage of wood recovered from the collected waste was less than half the amount stated in the procurement information; the residual waste tonnage was about 6 000 tonnes per year more than in the information; the quantity of paper, card, dry recycling in the procurement information was overstated by approximately 2 400 tonnes per year.
VII.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 150 000 000.00 Currency: GBP
Total contract value after the modifications
Value excluding VAT: 75 000 000.00 Currency: GBP