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Scope

Reference

KMCSW-006

Description

The Contract shall include the following Services:

• Operation and maintenance of the Authority EfW Facility to provide reception, storage and incineration of EfW Waste. The Contractor shall optimise the Authority EfW Facility performance and energy recovery. The Contractor will be responsible for the sale of electricity generated at the Authority EfW Facility and the Treatment and / or disposal of EfW Products.

• Operation and maintenance of three WTS Facilities (Vine Street WTS, Weaving Lane WTS and Emerald Street WTS), to provide reception, storage and bulking of Contract Waste delivered by the Authority. The Vine Street WTS is co-located with the Authority EfW Facility.

• Waste transfer services, including the receipt, handling, bulking, transfer and haulage of Contract Waste, including any internal movements between the Authority Facilities. All Contract Waste delivered to the Contactor will upon delivery be the property of and held at the entire responsibility of the Contractor.

• Operation and maintenance of four HWRCs - located at Huddersfield, Dewsbury, Meltham and Upper Cumberworth.

• The marketing and sale of Dry Recyclables delivered by the Authority.

• Receipt, handling, transfer and processing of Garden Waste collected by the Authority.

• Management of waste containing Persistent Organic Pollutants (POPs).

• The Contractor shall provide all necessary Personnel, Equipment, and consumables required to deliver the Services in accordance with the Specification, the Authority's corporate objectives, and all statutory obligations pertaining to the Authority and the Contractor in delivery of the Services.

• Fulfilment of the Authority's statutory duty for the Treatment and disposal of Contract Waste under Section 51 of the EPA, all subsequent legislation to the EPA and any subsequent legislation replacing the EPA i.e. the Environment Act 2021.

• Site improvement and rectification works.

Waste streams in scope:

• Residual Waste;

• Dry Recyclables;

• Food Waste;

• Garden Waste;

• Gully detritus arising from road sweeping and gully emptying;

• Waste containing Persistent Organic Pollutants;

• Offensive Waste;

• DIY Waste;

• Asbestos;

• WEEE;

• Textiles;

• Depot Collected Waste;

• Waste delivered by Service Users of the Administrative Area to the HWRC Facilities;

• Ad-hoc Waste.

Volumes of waste:

The annual tonnage of waste requiring treatment based on 2024/25 information are approximately:

- General waste 121,000

- Comingled Recycling 19,000

- Bulky waste 5,000

- POPs 2,000

- Garden waste 15,000

- Other 15,000

Contract Duration: The contract is expected to start in April 2028 for an initial 15 years with the option to extend for up to a further 2 years with a maximum expiry of March 2045.

Total value (estimated)

• £440,000,000 excluding VAT
• £528,000,000 including VAT

Above the relevant threshold

Contract dates (estimated)

• 1 April 2028 to 31 March 2043
• Possible extension to 31 March 2045
• 17 years

Description of possible extension:

Up to 2 years

Main procurement category

Services

CPV classifications

• 90000000 - Sewage, refuse, cleaning and environmental services

Contract locations

• UKE44 - Calderdale and Kirklees

Justification for not using lots

Consideration was given to splitting the requirement into Lots however it would require the Council to reprocure all the existing services across multiple separate Contracts to allow smaller specialist waste management companies to be directly involved in the delivery. This was discounted as an option because:

• Some of the separate packages may be too small for bidder interest.

• Higher procurement costs/complexity for up to 6 contracts.

• Council has to procure and monitor multiple contractors and interfaces.

• The Council would have to act as mediator for shared-site issues between contactors.

In addition, breaking the IRWMS contract into separate lots was discounted due to the significant operational and contractual complexities created by the physical integration of key facilities, such as the EfW plant and WTS, within a single site. Dividing responsibilities among multiple contractors would complicate risk allocation, service continuity, and asset management, particularly where shared infrastructure and overlapping use blur lines of accountability. This increased complexity could deter market interest and lead to inefficiencies, making a single integrated contract the preferred option to ensure effective coordination and value for money in waste services delivery.

Participation

Legal and financial capacity conditions of participation

As per the procurement documents which are freely available to access via YorTender:

Technical ability conditions of participation

As per the procurement documents which are freely available to access via YorTender:

Submission

Enquiry deadline

13 July 2026, 12:00pm

Submission type

Requests to participate

Deadline for requests to participate

27 July 2026, 12:00pm

Submission address and any special instructions

Tenders may be submitted electronically

Yes

Languages that may be used for submission

English

Award decision date (estimated)

16 August 2027

Recurring procurement

Publication date of next tender notice (estimated): 1 January 2043

Award criteria

Other information

Description of risks to contract performance

Known Unknowns

Purpose and Status

The Authority recognises that the delivery of long-term integrated waste management services may be affected by future regulatory, policy, and operational environment changes.

The matters set out in this section represent foreseeable areas of uncertainty ("Known Unknowns") which may arise during the Contract Period.

Bidders are advised that the Contract has been structured to address such uncertainties through defined contractual mechanisms, including:

• Clause 43 (Authority and Contractor Changes)

• Clause 44 (Change in Law)

• Schedule 21 (Change Protocol)

• Clauses 39-41 (Compensation Events, Relief Events and Excusing Causes)

1. Emissions Trading Scheme

The introduction or expansion of statutory, regulatory, or fiscal requirements affecting the treatment, recovery, or disposal of Contract Waste, including but not limited to the application of the UK Emissions Trading Scheme to energy from waste facilities from 2028, may result in changes to the cost, scope, risk allocation, or delivery arrangements under the Contract.

2. District heat network / heat offtake

The potential requirement for the Energy from Waste facility to interface with, connect to, or supply heat to a district heat network, including any future heat offtake arrangements, may result in changes to the cost, scope, risk allocation, operational requirements, asset configuration or delivery arrangements under the Contract.

Any requirement to connect to a heat network or modify facility configuration to enable heat offtake shall be treated as an Authority Change (where initiated by the Authority) or a Change in Law (where mandated by legislation) and shall be implemented in accordance with the Contract.

3. Weaving Lane site

Future decisions relating to the operational use of the Weaving Lane HWRC site may require adjustments to site access, traffic management, operational interfaces, or implementation arrangements under the Contract. This may include movement between adjacent site areas, continued use of existing temporary arrangements, return to a previous site arrangement, or alternative access arrangements during the contract term.

Changes to site arrangements during the Contract Period shall be treated as an Authority Change, unless otherwise specified.

4. Waste policy and service change

Future changes in legislation, regulation, policy or service changes affecting local authority waste services may result in changes to the cost, scope, risk allocation, operational requirements, or delivery arrangements under the Contract including without limitation, changes arising from Simpler Recycling, food waste requirements, Extended Producer Responsibility (EPR), Deposit Return Scheme (DRS), changes in Contract Waste tonnage or composition, recycling or treatment market availability, environmental compliance requirements, or future changes required to maintain statutory waste services.

These changes shall be implemented in accordance with the Contract.

5. Potential future development of a Materials Recovery Facility

Future changes in recycling markets, collection methodologies, waste composition, regulatory requirements, regional Materials Recovery Facility capacity, or business continuity requirements may result in the need to reconsider the Council's approach to recycling treatment and transfer arrangements during the Contract term. This may include, in exceptional circumstances, potential procurement for the reinstatement of a Council-owned Materials Recovery Facility, or related infrastructure, and may result in changes to the cost, scope, risk allocation, operational requirements, asset configuration or delivery arrangements under the Contract.

6. Performance Measures and KPIs

The Contract includes a Performance Management Framework (including Key Performance Indicators and Publishable Performance Indicators). The Authority reserves the right to review and amend such performance measures during the Contract Period to reflect changes in legislation, policy, service requirements, or best practice.

Any changes to performance measures shall be implemented in accordance with the Contract, including (where applicable):

• the Change Protocol (Schedule 21);

• provisions relating to performance monitoring and Publishable Performance Indicators; and

• the Payment Mechanism where performance measures impact deductions or payments.

Any such amendments will be limited to changes which do not alter the overall nature of the Contract and will be applied in a transparent and proportionate manner.

The Bidders shall undertake their own due diligence in accordance with Clause 6 of the Contract. For the avoidance of doubt any changes arising from the above will be implemented strictly in accordance with the Contract and applicable procurement law.

Conflicts assessment prepared/revised

Yes

Procedure

Procedure type

Competitive flexible procedure

Competitive flexible procedure description

This Tender Notice relates to the award of a public contract through a Competitive Flexible Procedure in accordance with section 20(1) and 20(2)(b) of the Procurement Act 2023 ('PA 2023').

This tender process will be formed of 6 stages:

Stage 1 - Procurement Specific Questionnaire (PSQ)

This stage is expected to establish the procurement, publish the Tender Notice and associated procurement documents, and enable interested suppliers to determine whether they wish to participate. The Council will use the PSQ stage to assess supplier eligibility, grounds for exclusion, economic and financial standing, technical and professional capability, and other relevant participation requirements. This stage may include, but is not limited to, access to initial draft contract documents, clarification questions and responses, assessment of PSQ submissions, and down-selection of suppliers to be invited to the next stage.

Stage 2 - Invitation to Submit Draft Submissions (ISDS)

The ISDS stage is expected to allow shortlisted suppliers to review the Council's refined requirements, draft contract, payment mechanism, service requirements and further data room information, and to develop initial views on the deliverability, risk allocation and commercial structure of the proposed solution. This stage may include, but is not limited to, supplier site visits, written clarification, submission of contract feedback and draft responses, and discussion of the key service matters. The Council may undertake an informal review of draft submissions to support dialogue and refinement of proposals; however, such review will not be scored and will not form part of the final tender evaluation. The Council may further refine the procurement documents where appropriate.

Stage 3 - Dialogue and Negotiation

This stage is expected to provide a structured opportunity for the Council and shortlisted suppliers to discuss and, where permitted by the procurement documents, negotiate matters relevant to the development of robust, deliverable and value for money final tenders. The dialogue may cover, but is not limited to, service design, interface arrangements, contract terms, risk allocation, pricing assumptions, payment mechanism, performance standards, innovation, mobilisation, workforce matters, sustainability and operational resilience. Any refinements to the procurement documents will be managed in accordance with the stated procedure and applicable transparency and equal treatment requirements.

Stage 4 - Invitation to Submit Final Tender (ISFT)

The ISFT stage is expected to close dialogue and invite shortlisted suppliers to submit their final tenders on the basis of the final procurement documents issued by the Council. Final tenders should respond fully to the Council's requirements and award criteria, should be based upon the suppliers' draft submissions as amended through dialogue, and should not deviate from what was agreed during the dialogue process. Final tenders may include, but are not limited to, method statements, pricing schedules, contractual confirmations, mobilisation proposals, performance commitments, social value proposals, carbon reduction commitments and any other information required by the ISFT. Suppliers will be expected to submit complete and compliant final tenders by the stated deadline.

Stage 5 - Evaluation

The evaluation stage is expected to involve assessment of final tenders against the published award criteria and evaluation methodology, with the objective of identifying the Most Advantageous Tender. The Council may undertake moderation, clarification of tenders where permitted, financial and commercial checks, legal and technical review, governance approvals and due diligence before confirming the outcome. This stage may include, but is not limited to, evaluation of quality, price, contract compliance and social value, deliverability, risk and resilience, followed by notification of the intended award decision and any required standstill or award processes.

Stage 6 - Preferred Supplier

The preferred supplier stage is expected to follow identification of the Most Advantageous Tender and to support completion of the steps required before and after contract award. This stage may include, but is not limited to, finalisation of the contract with the preferred supplier, completion of internal governance approval of the Full Business Case recommendation, issue of assessment summaries, publication of the Contract Award Notice, observance of the applicable standstill period, signature of the contract, publication of the Contract Details Notice and publication of a copy of the contract. The Council may also undertake any remaining legal, financial, technical, commercial and mobilisation checks required to support contract award and implementation.

The Authority will publish the Procurement Specific Questionnaire (PSQ) tender documentation, and other associated documents using the designated procurement portal YorTender:

Documents

Associated tender documents

Technical specifications to be met

Contracting authority

The Council of the Borough of Kirklees

• Public Procurement Organisation Number: PXHZ-9111-QHMJ

The Town Hall, Ramsden Street

Huddersfield

HD1 2TA

United Kingdom

Email: procurement [at] kirklees.gov.uk

Website:

Region: UKE44 - Calderdale and Kirklees

Organisation type: Public authority - sub-central government