TD1640 Provision for processing of organic waste separately collected

Derby City Council (Contracting Authority) has used Regulation 32(2)(c) of the Public Contract Regulations 2015 in the award of this contract, which states: "32.(2)The negotiated procedure without prior publication may be used for public works contracts, public supply contracts and public service contracts in any of the following cases: 32.(2)(c) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with. 32. (4) the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority. "

Derby City Council has duly justified the use of the negotiated procedure without prior publication procedure and considers: - the COVID-19 outbreak has given rise to an urgent need for an urgent need to continue to provide the critical service of organic waste processing. - the COVID-19 situation is so novel that the consequences are not something that could have been predicted, and therefore the urgent need for this service was unforeseeable. - this extreme urgency does not give Derby City Council sufficient time to comply with the standard open procedure / restricted procedure / competitive procedure with negotiation timescales for this procurement. - the COVID-19 outbreak to be a state of extreme urgency of which is not attributable to the Contacting Authority.

Further justification is supported by guidance issued by the Cabinet Office Procurement Policy Note - Responding to COVID -19 PPN01/20 which stated - "There will be a range of commercial actions that must be considered by contracting authorities in responding to the impact of COVID-19. In such exceptional circumstances, authorities may need to procure goods, services and works with extreme urgency. This is permissible under current public procurement regulations using regulation 32(2)(c)."