Further discussion to take place - Buckinghamshire's energy from waste project

Date: 11-03-2010

The officers' recommendation to invite Covanta Energy (Covanta) and the Waste Recycling Group (WRG) for further discussions to provide Buckinghamshire’s Energy from Waste service, has been supported by the County Council’s Cabinet Member for Planning and Environment. 

Last week officers published a report which recommended that discussions should be re-opened with both bidders as a result of a commercial matter which had been raised by Covanta, when clarifying the terms for their appointment for Preferred Bidder.  Covanta were proposing to build a facility near Stewartby, Bedfordshire.  The issue which had been raised is associated with legal constraints on Covanta’s site, which impacts on the commercial aspects of their bid.  This affected the Council’s evaluation of final tenders as the matter was not taken into account at the previous evaluation phase.

Cabinet Member for Planning and Environment, Martin Tett said, “We are committed to following a robust procurement process and therefore I have taken the decision to support the officer’s recommendations.  The rules of the competitive procurement process mean that in order to discuss this matter further, we have to re-open discussions with both bidders.  If we fail to do this then we could be facing a legal challenge from the bidders.  A legal challenge would involve substantial delay and cost to the Council.  It could also potentially result in the case being referred to the European Court of Justice.” 

The decision is subject to the three day Overview and Scrutiny Committee call-in period before it can be implemented.  After this both bidders will be asked to re-submit further documentation by September 2010 and it is hoped the Council will then be in a position to appoint a final preferred bidder for the contract by the end of the year.

Unfortunately the Council is unable to disclose precise details of the legal constraints on Covanta’s site as the matter is commercially confidential to Covanta. 

Martin added, “I have taken this decision as it will help the Council to continue to follow a robust procurement process and ensure the selected bidder provides the best solutions for the people of Buckinghamshire.”

The signed report can be viewed by visiting www.buckscc.gov.uk then click on ‘committees’ and ‘decisions’.