Joint Waste Enforcement Soft Market Testing

This soft market testing exercise concerns the renewal of an innovative joint contract for environmental enforcement.

Harrow, Hounslow and Ealing councils have joined together to deliver a more efficient service, widening the scope of environmental enforcement activity, sharing of overhead costs, expertise and allowing greater flexibility.

This contract is for the provision of Enforcement Services by way of the issue of fixed penalty notices in respect of a range of environmental and highways related enforcement legislation including but not limited to the:

• Environmental Protection Act 1990;

• Clean Neighbourhoods and Environment Act 2005;

• Dogs (Fouling of Land) Act 1990 and 1996;

• Anti-Social Behaviour Act 2003;

• Refuse Disposal (Amenity) Act 1978 and 1987

• Anti-social behaviour, Crime and Policing Act 2014;

• Highways Act 1980

• London Local Authorities and Transport for London Act 2003

• Town and Country Planning Act 1990

• In 2016/17, over 20,000 fixed penalties were issued for littering and fly tipping across the participating borough areas.

In the latest iteration of the contract the activity rate has risen to between 600 and 800 fixed penalty notices paid per month.

The proposed competitive procedure with negotiation procurement will involve a contractual structure which will allow other Councils and public bodies to join the joint arrangement.

The Councils are keen to include some important, but peripheral activities, in the scope of the procurement including security and traffic direction. For these activities there will be a reimbursement mechanism per hour or per day as appropriate.

The Councils have clear requirements for how vulnerable adults would be treated and in particular fixed penalty notices should not be served on minors.

Areas for discussion

The Councils would like to explore with suppliers the following aspects of this significant and imminent procurement:-

Payment mechanism for the contract

Affordability thresholds

Procurement route

Contract structure

o Risk partition

Performance monitoring and enhancement

Optimal contract term

Expansion of client base

Expansion of the service base

Technology renewal with time

o What is the current envelope for reliable, innovative technology?

Social value

o What metrics and KPIs to apply?

 How to catalyse benefits in education, employment and skills?

TUPE indemnification

The robust rejection of non- economically sustainable tenders

Mobilisation and service set up

o How much time do you need to mobilise?

Applying

If you would like to see us to discuss this opportunity please write in no more than 1000 words describing your interest in the procurement, your past experience in the field and the points you would like to discuss.

Soft market testing is planned to take place on the 23rd and 24th January 2023 in Ealing. Each party would have 3 hours with a common agenda and meeting will be held in Perceval House, Ealing Broadway, 14-16 Uxbridge Rd, London W5 2HL.

The Council will keep confidential any aspects of the discussion flagged as such by participants in the soft market testing process.

If you are not seen please rest assured this will not disadvantage you in the forthcoming formal procurement. All parties which express an interest will receive anonymised feedback from the soft market testing event before the Find a Tender Service notice is published (marking the start of the formal procurement procedure)

Please make your return via the London Tenders Portal for this opportunity by the 6th January 2023.