Provision for Residual Waste Treatment Services, TENV20-065

Tender description

1.1 Derry City and Strabane District Council and Causeway Coast and Glens Borough Council each wish to procure a separate contract for the provision of residual waste treatment services . 1.2 The services required by Derry City and Strabane District Council are currently provided by RiverRidge Recycling Limited. 1.3 The services required by Causeway Coast and Glens Borough Council are currently provided by RiverRidge Recycling Limited. . 1.4 The Authorities each have a statutory duty under the Waste and Contaminated Land (Northern Ireland) Order 1997 No. 2778 (N.I. 19) (Part II Articles 20(1)(a)(b) and 20(2)) to arrange for the collection of household, commercial and industrial waste. The Authorities are also required under the 1997 Order (Part II, Article 25(1)(a)) to make arrangements for the disposal of any waste collected or removed under Article 20 of the 1997 Order. 1.5 The Authorities have jointly published a contract notice in the OJEU and are each seeking to award a contract under two separate lots (each a “Lot”) as follows: Lot 1: Derry City and Strabane District Council – Lot 1 concerns a contract for the collection, acceptance, treatment, processing, re-use, recovery, recycling and disposal of certain waste material collected by Derry City and Strabane District Council or on its behalf. This waste in question shall comprise of comingled compacted and un-compacted open skip waste from recycling centres, kerbside collected residual (black bin) waste, bulky waste, indiscriminate dumping, street cleaning (to include litter picks and litter bins, but not exclusively) and commercial waste collected or on behalf of the Council and deposited at its nominated collection points. In each Contract Year, the appointed Contractor shall ensure that it is able to collect, accept, treat, process, re-use, recover, recycle and/or dispose of up to 44,000 tonnes of such waste from Derry City and Strabane District Council at its Principal Facilities, however there shall be no guaranteed minimum tonnage provided under the Contract. Lot 2: Causeway Coast and Glens Borough Council – Lot 2 concerns a contract for the collection, acceptance, treatment, processing, re-use, recovery, recycling and disposal by the of certain waste material collected by Causeway Coast and Glens Borough Council or on its behalf. The waste in question shall comprise of comingled compacted and un-compacted open skip waste from recycling centres, kerbside collected residual (black bin) waste, bulky waste, indiscriminate dumping, street cleaning (to include litter picks and litter bins, but not exclusively) and commercial waste collected or on behalf of the Council and deposited at its nominated collection points. In each Contract Year, the appointed Contractor shall ensure that it is able to collect, accept, treat, process, re-use, recover, recycle and/or dispose of up to 30,000 tonnes of such waste from Causeway Coast and Glens Borough Council at its Principal Facilities, however there shall be no guaranteed minimum tonnage provided under the Contract. These Contracts will form an important part of each Council’s forward-looking strategy to manage waste in its area by reducing the amount of waste sent to landfill and increasing recycling rates. Appointed Contractors will be required to ensure that Contract Waste is recycled, reused, recovered and/or treated in recognition of the waste hierarchy before landfilled in order to maximise diversion. 1.6 For the avoidance of doubt, one contract will be awarded by Derry City and Strabane District Council for Lot 1 described above and one contract will be awarded by Causeway Coast and Glens Borough Council for Lot 2 described above. Derry City and Strabane District Council shall have no liability in respect of the Competition for the Lot 2 Contract; Causeway Coast and Glens Borough Council shall have no liability in respect of the Competition for the Lot 1 Contract. 1.7 Economic Operators may submit Tenders for one Lot or for both Lots. Economic Operators are required to indicate in their Submissions which of the above Lots they wish to be considered for. If Economic Operators are bidding for both Lots they should ensure that they have sufficient capacity at their Principal Facilites to collect, accept, treat, process, re-use, recover, recycle and/or dispose of a total of 74,000 tonnes per annum in the event that they wish to be successful in both Lots. 1.8 In summary, under each Contract, the appointed Contractor shall be required to: 1.8.1 collect and accept Contract Waste from the relevant Authority at the designated Collection Point(s) of that Authority (as set out in Schedule 1 of the Contract); 1.8.2 process that Contract Waste at the Principal Facilites nominated by the Contractor; 1.8.3 recycle, reuse, recover and/or treat Output Materials at the Contractor’s nominated Principal Facilities; 1.8.4 dispose or procure disposal of Output Materials: (a) by transferring to specified third parties for further treatment, processing, reuse, recovery, recycling or disposal; or (b) at Landfill Site(s) provided that the Minimum Landfill Diversion per cent is achieved. The landfill sites to be used shall be nominated by the Contractor in its Service Delivery Plan. . 1.9 The Contractor shall be solely responsible for the haulage or transport of Contract Waste and/or Output Materials from a Collection Point, and for any costs associated with same. 1.10 All Services are to be provided in accordance with the specifications set out in each Contract and in the Service Delivery Plan tendered by the Contractor (which will form part of that Contract). 1.11 Please note that Contract Waste must undergo a treatment process that results in it being re-classified to either EWC codes 19 12 10 and 19 12 12 before on-going movement to a storage facility and shipment to the R1 facility. Processes such as mechanical biological treatment, anaerobic digestion and the production of Solid Recovered Fuel (SRF) or Refuse Derived Fuel (RDF) for energy recovery at an R1 rated facility are acceptable technologies for the treatment of Contract Waste. 1.12 Please also note that, under the Lot 1 Contract, the Contractor is required to provide storage facilities (that may include transfer points, ports and harbours) for at least 11,000 tonnes of Contract Waste per quarter; and under the Lot 2 Contract, the Contractor is required to provide storage facilities (that may include transfer points, ports and harbours) for at least 7,500 tonnes of Contract Waste per quarter. If an Economic Operator is successful in and wishes to be appointed to both Lots, it will be required to provide storage facilities for at least 18,500 tonnes of Contract Waste in total per quarter. 1.13 Provision is to be made in the Service Delivery Plans for contingency in the event that the Principal Facilites nominated by the Contractor are unavailable for any reason. 1.14 The Contractor’s performance of certain aspects of the Services shall be measured using the performance measurement framework set out in the Contract. 1.15 Each Contract will require the Contractor to ensure the following: 1.15.1 THAT A MINIMUM 70PER CENT (MEASURED BY WEIGHT) OR SUCH HIGHER PERCENTAGE AS MAY BE STIPULATED PURSUANT TO THE CONTRACT, OF THE TOTAL CONTRACT WASTE COLLECTED BY OR ON BEHALF OF THE CONTRACTOR FROM THE RELEVANT AUTHORITY IN A CONTRACT YEAR (OR PART OF A CONTRACT YEAR, WHERE THE LAST CONTRACT YEAR IS LESS THAN 12 MONTHS) IS DIVERTED FROM LANDFILL (MINIMUM LANDFILL DIVERSION PER CENT). THERE MAY BE FINANCIAL CONSEQUENCES FOR THE CONTRACTOR WHERE THE MINIMUM LANDFILL DIVERSION PER CENT IS NOT ACHIEVED; AND 1.15.2 THAT A MINIMUM 15PER CENT (MEASURED BY WEIGHT) OR SUCH LOWER PERCENTAGE AS MAY BE STIPULATED PURSUANT TO THE CONTRACT, OF THE TOTAL CONTRACT WASTE COLLECTED BY OR ON BEHALF OF THE CONTRACTOR FROM THE RELEVANT AUTHORITY IN A CONTRACT YEAR (OR PART OF A CONTRACT YEAR, WHERE THE LAST CONTRACT YEAR IS LESS THAN 12 MONTHS) IS RECYCLED (MINIMUM RECYCLING PER CENT). THE CONTRACTOR SHALL BE IN MATERIAL BREACH OF THE CONTRACT IF THE MINIMUM RECYCLING PER CENT IS NOT ACHIEVED IN ANY CONTRACT YEAR. 1.16 For each Contract, as guidance only, an indication of the increase in recycling activities from present to beyond is given in the extant Waste Management Plan and the current Municipal Waste Management Report published by the Northern Ireland Environment Agency. 1.17 The Authorities give no guarantee, warranty, representation or undertaking as to the actual tonnage or the composition of the materials required to be treated under or during the term of any Contracts and Economic Operators should note that there could be variations in Contract Waste tonnage from one Contract Year to another (and from month to month) (see clause 5 of the Contract). 1.18 Economic Operators acknowledge and agree that, whilst they are required to make available the Guaranteed Annual Available Capacity at their Principal Facilities, no warranty, guarantee or commitment is given by either Authority that this volume of tonnage will actually be provided. 1.19 Under each Contract the Contractor shall be paid a Gate Fee per Tonne in accordance with the terms of the Contract. Economic Operators are invited to submit their proposed Gate Fee per Tonne as part of the Competition(s) for the Lot(s) they are tendering for. If an Economic Operator is applying for both Lots, the Gate Fee per Tonne may be different for each Lot. 1.20 If an Economic Operator is successful in the Competition for a Lot and satisfies all necessary conditions precedent, it may be offered a Contract with the relevant Authority to provide the Services. This Contract shall be substantially in the form of the draft set out or referred to in ITT Schedule 5 (Form of Contract). Economic Operators should note that the Authorities do not anticipate any material changes being made to the form of the Contract and Economic Operators are not invited to suggest any amendments to the Contract. It is a condition of each Competition that Economic Operators will accept and agree to abide by the terms and conditions in the Contract (if it is awarded to them) and Economic Operators are required to confirm this in the cover letter submitted as part of Submission Package 1. 1.21 Economic Operators are strongly advised to read the Contract in full prior to preparing any Submission. Without limiting the foregoing, Economic Operators should note that failure by the Contractor to provide the Services in accordance with the Contract could result in the Authorities failing to meet statutory or regulatory requirements. 1.22 Each Contract awarded shall be for an initial period of five (5) years ("Initial Term"). Each Authority shall retain the right to extend its Contract awarded beyond the Initial Term by: 1.22.1 an additional period of two (2) years from its fifth anniversary; and 1.22.2 by second additional period of one (1) year from its seventh anniversary; and 1.22.3 by a third additional period of one (1) year from its eigth anniversary; and 1.22.4 by a fourth additional period of one (1) year from its ninth anniversary. Each Authority reserves the right not to to extend its Contract beyond the Initial Term and, where it does extend beyond the Initial Term, not to grant any further extensions thereafter. 1.23 The Competition for each Lot is being conducted using the open procedure in accordance with Directive 2014/24/EU, as transposed by the Regulations. Each Competition is separate from the other, although this ITT establishes the terms and conditions of both Competitions. 1.24 This ITT is necessarily somewhat synoptic. In the event of and to the extent of any conflict or inconsistency, the provisions of the Contracts shall prevail. Please refer to CfT documents for further information.