Section 57(8) of the Environment Act 2021 (“the 2021 Act”) requires separate (weekly) kerbside collection and treatment of household food waste. Section 45A of the 2021 Act (and Central Government’s related ‘Simpler Recycling’ policy), require Waste Collection Authorities (“WCAs”) to commence collection of food waste separately from household waste by March 2026.

Separately collected recyclable waste streams cannot be mixed with other recyclable waste stream or with other types of waste or other substances or articles. Consequently, in its capacity as a WDA, WSCC is now required to make arrangements to treat segregated food waste separately from residual black bag waste and other waste.

The introduction of separate food waste collections will thus render a significant part of the current function of the MBT facility (the separation of the biodegradable/organic and inorganic fractions of residual waste) redundant. This is because the new collection arrangements mean that these types of waste will no longer be mixed, and therefore will no longer require separation at the MBT facility.

In order to address the introduction of separate food waste collection, WSCC is reconfiguring the MBT facility to introduce a separate (biological) processing line for separately collected food waste. The re-configuration of the MBT facility is expected to increase plant reliability and reduce cost (and deliver a number of other financial and environmental benefits).

The required reconfiguration services and works at the MBT facility require to be conducted on a flexible and iterative basis because the WCAs whose waste will be processed at the MBT facility will introduce segregated food waste collection at different times in advance of 31 March 2026.

WSCC is varying the MRMC Contract to provide for Biffa West Sussex to undertake the required services and works at the MBT facility to address the matters summarised above.

Having regard to (i) Biffa West Sussex’s position as the on-going provider of services at the MBT facility, and its expertise and experience in establishing and running the facility, and related property and intellectual property rights and knowhow, and (ii) the need for the required services and works to be delivered in a manner that does not prevent or undermine successful continuity of on-going service provision, WSCC considers that conducting a procurement in respect of the required services and works, and potentially changing contractor, is not feasible for economic or technical reasons including (amongst other things) requirements of interchangeability or interoperability with existing equipment, services and/or installations at the MBT facility. A change of contractor would also, in these circumstances, cause significant inconvenience or substantial duplication of costs for WSCC.

WSCC also considers that the introduction of the legislative and policy measures summarised above, and the reconfiguration of the MBT facilities which they require, could not reasonably have been foreseen. Accordingly, WSCC considers that the Modifications satisfy the requirements of regulations 72(1)(b) and (c) of the Public Contracts Regulations 2015.

WSCC estimates the total costs of the ANC015 and ANC017 services and works at ca£7.5 million.

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