Nitrogen and Phosphorous Mitigation Agreement

Concepts

• norwich
• environmental management
• the nutrient mitigation credits
• phosphorous mitigation agreement
• nitrogen
• mitigation
• phosphorous
• environmental services
• permanent nutrient savings
• nec

Location

Norwich

Description

Norfolk Environmental Credits Limited ('NEC') generate, establish and sells nutrient mitigation credits to offset nutrient pollution generated by new residential developments. On 10 May 2024 , NEC entered into a contract for the delivery of Nitrogen and Phosphorous Mitigation with Norfolk Rivers Consortium ('the Contract'). The scope of services covered under the Contract relate to the provision of high efficiency nutrient removal package treatment plants for the generation, establishment and sale of nutrient mitigation credits.

Ammendments to Previous Notice

Award Detail

CPV Codes

• 90710000 - Environmental management
• 90700000 - Environmental services

Indicators

• Contract modified due to additional needs.

Legal Justification

The modification is brought about by the need for additional services which were not originally provided for under the Contract. The modifications are in accordance with Part 2 of the PCR which implements the Directive. The modifications are particularly provided for in regulation 72(1)(b) (additional services) of PCR. NEC considers the modification without prior publication of a Contract Notice is permitted by the PCR and the Directive. The Contract was modified on 13 December 2024 in accordance with regulation 72(1)(b)/article 72(1)(b) and does not in NEC's view amount to the award of a new contract and/or an unlawful substantial change. NEC has separately commenced a procurement (Notice reference: 2024/S 000-037896) for the delivery of permanent nutrient neutrality mitigation.

Other Information

NEC intends to extend the Contract to allow for a further 49 Delivered Savings as more fully described in VII.1.4) by reference to Regulation 72(1)(b) of the Public Contracts Regulations 2015 ("PCR"). For the purposes of assessing whether the conditions with Regulation 72(1)(b) PCR have been satisfied, NEC has considered it necessary and proportionate to calculate the value of the Contract in the Contract Award Notice and this extension on the basis of the quantum of phosphorus secured. Consequently, notwithstanding the duration as stated in this Modification Notice, the commitment to deliver the total phosphorus (and associated nitrogen offset) as valued in this Modification Notice and the Contract Award Notice during the initial 12 month and extension of the Contract by 6 months may result in circumstances where the actual duration of Contract extends beyond the initial duration and extension of the Contract.