Provision of Household Waste Collection, Street Cleaning and ancillary Services

Description

On 3 June 2009, South Oxfordshire District Council (“SODC”) and Vale of White Horse District Council (“VWHDC”) (together “the Authorities”) entered into an agreement with Verdant Group PLC (now Biffa Municipal Limited) (“Biffa”) for the provision of household waste collection, street cleansing and ancillary services (the “Contract”). This was advertised on the OJEU on 21 January 2008. The initial term of the Contract expired on 6 June 2017 but contained an option to extend for up to seven (7) years. The Authorities extended the Contract in accordance with its terms up to the maximum length, with a new expiry date of 6 June 2024. This VEAT notice relates to a proposed extension of the Contract for a two (2) year ‘bridging period’ with a longstop date of 28 June 2026 to allow time for the Authorities to prepare for and implement a long-term replacement service to the Contract. The Authorities intend to enter into a deed of variation (the “DOV”) to modify certain terms of its current Lot 1: On 3 June 2009, the Authorities entered into an agreement with Verdant Group PLC (now Biffa Municipal Limited) (“Biffa”) for the provision of household waste collection, street cleansing and ancillary services (the “Contract”). The initial term of the Contract expired on 6 June 2017 but was extended in accordance with its terms up to the maximum length, with a new expiry date of 6 June 2024. The Agreement has been subject to minor amendments by the Authorities and Biffa pursuant to separate deeds of variations entered into between the parties on 19 December 2011; 11 April 2014; 9 May 2016; and 18 June 2021 respectively. These variations implemented minor policy changes, including minor performance measure changes, creation of a special cleansing team, new operating times, updating authorised officer names, data protection systems and adverse weather requirements. This VEAT notice relates to a proposed extension of the Contract for a two (2) year ‘bridging period’ with a longstop date of 28 June 2026 to allow time for the Authorities to prepare for and implement a long-term replacement service for the Contract, including, if applicable, to conduct a viable re-procurement exercise for the long-term successor to the Contract which takes account of expected developments in environmental legislation in the near future. Expected environmental legislation is likely to have a significant impact both commercially and operationally on waste and recycling in England, and without clarity on the future requirements for waste collection, it will be extremely difficult to draw up a viable new service specification for a contractor and conduct a meaningful procurement process. The procurement decision has therefore been taken to continue with the existing contractor (Biffa) for a limited period to allow more time for future environmental changes relevant to waste collection to take shape / come into force. Delaying the procurement for a successor provider will allow the changes to be factored into the future procurement requirements and strategy. The proposed extension will therefore provide the Authorities with a sufficient period of time, if necessary, to run a comprehensive market-engagement, commissioning and re-procurement exercise, and to factor in the current high degree of risk and uncertainty in the waste management sector, with the new service to commence no later than 28 June 2026. The extension will provide continuity of service for the Authorities while they conduct this exercise, and allow the orderly wind-down and exit of the Contract with Biffa and mobilisation of any new contract. As part of the proposed DOV, the Authorities will make certain additional modifications to the Contract which take account of the changing economic climate for waste management service provision (particularly the increased costs faced by contractors) and to replace certain vehicles which are nearing the end of their service life. The additional changes to be implemented are: (i) Change of payment mechanism from fixed charging to target operating model to account for increases in delivery costs (particularly fuel and driver hire: this brings the charging basis into alignment with current market conditions for fuel and recycling pricing, among other things); and (ii) The supply by the Authorities of new waste vehicles, for Biffa to operate on a commercial lease during the extension period. The Authorities shall retain ownership of the vehicles, with Biffa operating and maintaining the vehicles in the same manner that it operates and retains its existing waste fleet. The changes are necessary to allow business as usual service provision only. Continued from II.1.4 The Authorities intend to enter into a deed of variation (the “DOV”) to modify certain terms of its current contract with Biffa (detailed below) and to extend the duration of the Contract until 28 June 2026.