Decision details

The “waste” contract is a significant contract for any Waste Collection Authority and it requires specialist and continuous input throughout including the procurement process, negotiations, drafting and advising on the preparation of the “waste” contract that has a value in the millions of pounds per annum.

Whilst the in-house legal service does have a dedicated contracts lawyer post, this is currently vacant due to maternity leave and in any event, is regarded outside of the normal course of business as usual and existing capacity within the team.

To appoint Messrs Sharpe Pritchard LLP as the external solicitors instructed to advise the Council on the procurement of a new "waste" contract, to negotiate on behalf of, support and work with the Council in connection with all aspects of procurement, up to and including the award, and entry into a new "waste" contract.

In accordance with the Procurement Rules for services expected to exceed £10,000 but not to exceed £50,000 exclusive of VAT, three quotations were sought and obtained. Two of the three quotes were sourced via the Government’s Crown Commercial Services and the third, from Essex Legal Services was via the Public Law Partnership, of which Tendring DC is a member.
Both Messrs Bevan Brittan LLP and Sharpe Pritchard LLP offered a full service from assisting and advising on procurement issues through to contract completion, attending or meeting when agreed, drafting all documentation including the contract document itself as and when required and supporting officers in negotiations and throughout.
Essex Legal Services were able to offer a more limited role essentially providing a “high risk services contract” template that could be tailored to TDC’s particular waste contract requirements, with support only around that document.