Refuse and waste related services

Tender description

Somerset County Council (‘Council’) and Viridor Waste Management Ltd (‘Viridor’) signed a strategic partnering agreement (‘SPA’) on 13.5.2006 (as extended on 3.4.2014) allowing for development of new waste management projects provided that contracts are concluded before 2021. The parties entered a contract for waste management services on 14.5.2006 (‘CSC’) including landfilling residual waste, pending development of a waste treatment project. The parties have agreed a waste treatment contract (‘NWTF2 Contract’), where Viridor will develop 2 transfer stations, and transfer residual waste to an energy from waste facility in Avonmouth. The contract follows the SPA reference terms, amended for the project specifics in accordance with the SPA mechanism. The parties are varying the CSC with effect from service commencement under the NWTF2 Contract, as residual waste currently landfilled will be treated at the Avonmouth facility. The NWTF2 Contract is within, and constitutes an application of, the terms of the SPA and/or, to the extent that any elements of the NWTF2 Contract may constitute modifications to the SPA, the modifications fall within Regulation 72(1)(a) PCR, as the SPA sets out a clear, precise and unequivocal mechanism (the New Project Approval Procedure in Schedule 3 and clause 8 (‘NPAP’)) describing the process for entering into contracts for new waste management projects, and this mechanism has been followed. Please refer to Section IV for further information.