Decision details

Request to directly award the Mixed Dry Recyclate contract under Regulation 32 (2) (B) (ii) of the Public Contracts Regulations 2015 to HW Martin Waste Ltd.

Reference: D57313

Decision Maker: Director of Communities, Housing & Environment

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

Authority to direct award a contract to HW Martin Ltd., as the current provider of the green bin recycling sort contract, for the collection of glass at the kerbside as an additional material to the existing dry recycling bin on a trial basis.  The trial will help inform LCCs ability to meet DEFRA’s (Department for Environment, Food and Rural Affairs) new ‘Simpler Recycling’ requirements.

Decision:

a)  The Chief Officer for Environmental Services approved the utilisation of Regulation 32 (2)(b)(ii) of the Public Contracts Regulations 2015 in order to award a contract directly HW Martin Waste Ltd to treat the co-mingled recyclate including glass collected through the green bin kerbside collections for a period of 2 + 2 Years. This would see the ultimate expiry of the contract being 2028.

b)  The decision is exempt from call-in due to the reasons outlined below. The decision has been on list of forthcoming decisions published 29th February 2024.

c)  In order to generate and access immediate savings as part of the new contract and to ensure mobilisation period of 5 months required by HW Martin to be able to accept co-mingled glass collections by summer 2024. Due to the short timescales required to implement this decision, there is a need to follow the special urgency procedure relating to publicity in connection with Key Decisions. In line with Part 2 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, and Part 4(b) 2.3.4 and 2.6.1 the relevant Scrutiny Board Chair has provided confirmation that consideration of this matter is urgent and cannot reasonably be deferred. The use of the special urgency provisions on this occasion will in accordance with Executive and Decision-Making Rule 2.6.2 feature in the annual report to the Corporate Governance & Audit Committee.

 

 

Reason Key: Affects more than 1 ward;

Wards Affected: (All Wards);

If the decision has not been published in the List of Forthcoming Key Decisions for at least 28 clear days, the reason why it would be impracticable to delay the decision:: In order to generate and access immediate savings as part of the new contract and to ensure mobilisation period of 4 months required by HW Martin to be able to accept co-mingled glass collections by summer 2024 it was not possible to give the full 28 days notice prior to this decision being taken

If exempt from Call-In, the reason why Call-In would prejudice the interests of the Council or the public:: Due to the short timescales required to implement this decision, there is a need to follow the special urgency procedure relating to publicity in connection with Key Decisions. In line with Part 2 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, and Part 4(b) 2.3.4 and 2.6.1 the relevant Scrutiny Board Chair has provided confirmation that consideration of this matter is urgent and cannot reasonably be deferred. The use of the special urgency provisions on this occasion will in accordance with Executive and Decision-Making Rule 2.6.2 feature in the annual report to the Corporate Governance & Audit Committee.

Other reasons / organisations consulted

The relevant Executive Board Member and Chair of Scrutiny have been consulted individually.

A briefing and FAQ document have been circulated to all Councillors

Consultees

Councillor James Lewis

Councillor Mohammed Rafique

Councillor Stewart Golton

Contact: Rosie Harvey, Business Officer Environmental Services 0113 3786352 Email: Rosie.harvey@leeds.gov.uk.

Publication date: 26/03/2024

Date of decision: 26/03/2024

Accompanying Documents: