Nitrogen and Phosphorous Mitigation Agreement

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 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.