Notice Information
Notice Title
Nitrogen and Phosphorous Mitigation Agreement
Notice Description
This Contract Award Notice details the award of a contract pursuant to the negotiated procedure without prior publication because of competition being absent for technical reasons. Norfolk Environmental Credits Limited generate, establish and sells nutrient mitigation credits to offset nutrient pollution generated by new residential developments. The services covered in this notice relate to the provision of high efficiency (HE) nutrient removal package treatment plants (PTP) for the generation, establishment and sale of nutrient mitigation credits.
Lot Information
Lot 1
This notice relates to an extension to allow for a further 49 Delivered Savings under the Contract, with a new total amount of 149 Delivered Savings under the Contract. NEC considers the modifications of the Contract without prior publication of a Contract Notice is permitted by the PCR and Directive 2014/24/EU (the "Directives"). The Contract was modified in accordance with regulation 72(1)(b)/article 72(1)(b) on 13 December 2024 and accordingly does not in NEC's view amount to the award of a new contract and/or an unlawful substantial change. The modification does not alter the overall nature of the Contract. The estimated price increase does not exceed 50 % of the estimated value of the original Contract (as identified in the Contract Award Notice). The extension to allow for a further 49 Delivered Savings is necessary for the provision of additional services, namely for the continued generation of the nutrient mitigation credits. A change of contractor cannot be made for economic and technical reasons and would cause significant inconvenience and substantial duplication of costs for NEC. The mobilisation of a new contractor to deliver the required nutrient savings in the required timescales is not feasible and would lead to substantial duplication of costs. Separately NEC has commenced a competitive procurement (notice reference: 2024/S 000-037896), for delivery of permanent nutrient savings from mid-March 2025. The extension will enable further savings to be delivered whilst NEC conducts the competitive procurement.
Procurement Information
The Purchaser has undertaken market analysis in the design of the services and has established that, due to the technical and legal requirements associated with the installation of the HE PTP to generate nutrient benefit, there was no other reasonable alternative or substitute and that the absence of competition was not the result of an artificial narrowing down of the parameters of the procurement. A call for nutrient offset investment opportunities has been published on the Purchaser's website and soft market engagement has been undertaken with those service providers who have approached the Purchaser. The Purchaser had a specific requirement to identify a supplier who could generate nutrient benefit through upgrading existing septic tanks to high efficiency nutrient removal package treatment plants. At the time of contract award the appointed supplier are the only company which has demonstrated it is able to provide a tradable nutrient benefit (Phosphorus and Nitrogen measured in kg/yr) in the geographical catchment area of the European protected sites as required by the legal framework and in which the Purchaser is seeking to secure the nutrient mitigation. Accordingly, after due consideration, the Purchaser has decided to make a direct award pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 on the grounds that competition is absent for technical reasons.
Notice Details
Publication & Lifecycle
- Open Contracting ID
- ocds-h6vhtk-048827
- Publication Source
- Find A Tender Service
- Latest Notice
- https://www.find-tender.service.gov.uk/Notice/040670-2024
- Current Stage
- Award
- All Stages
- Award
Procurement Classification
- Notice Type
- Award Notice
- Procurement Type
- Standard
- Procurement Category
- Services
- Procurement Method
- Limited
- Procurement Method Details
- Award procedure without prior publication of a call for competition
- Tender Suitability
- Not specified
- Awardee Scale
- SME
Common Procurement Vocabulary (CPV)
- CPV Divisions
-
- CPV Codes
90700000 - Environmental services
90710000 - Environmental management
Notice Value(s)
- Tender Value
- Not specified
- Lots Value
- Not specified
- Awards Value
- Not specified
- Contracts Value
- £9,960,000 £1M-£10M
Notice Dates
- Publication Date
- 17 Dec 20241 years ago
- Submission Deadline
- Not specified
- Future Notice Date
- Not specified
- Award Date
- 10 May 20242 years ago
- Contract Period
- Not specified - Not specified
- Recurrence
- Not specified
Notice Status
- Tender Status
- Complete
- Lots Status
- Cancelled
- Awards Status
- Active
- Contracts Status
- Active
Buyer & Supplier
Contracting Authority (Buyer)
- Main Buyer
- Norfolk Environmental Credits Limited
- Contact Name
- Available with D3 Tenders Premium →
- Contact Email
- Available with D3 Tenders Premium →
- Contact Phone
- Available with D3 Tenders Premium →
Buyer Location
- Locality
- NORWICH
- Postcode
- NR7 0WF
- Postcode Area
- Norwich
- Country
- England
-
- Major Region (ITL 1)
- TLH East (England)
- Basic Region (ITL 2)
- TLH5 Norfolk
- Small Region (ITL 3)
- TLH51 Norwich and East Norfolk
- Delivery Location
- TLH15 Norwich and East Norfolk
-
- Local Authority
- Broadland
- Electoral Ward
- Brundall
- Westminster Constituency
- Broadland and Fakenham
Further Information
Notice URLs
Open Contracting Data Standard (OCDS)
The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts.