Credit Purchase Agreement

Concepts

• norwich
• environmental management
• nutrient mitigation credits
• temporary nutrient credits
• norfolk environmental credits limited
• the temporary nutrient neutrality credits
• norfolk environmental credits limited generate
• temporary phosphorous and nitrogen credits
• credit purchase agreement
• credit

Location

Description

This Contract Award Notice details the award of a contract pursuant to the negotiated procedure without prior publication because of competition being absent for technical reasons. Norfolk Environmental Credits Limited generate, establish and sells nutrient mitigation credits to offset nutrient pollution generated by new residential developments. The services covered in this notice relate to the sale of temporary nutrient credits to offset the effects of nutrients from new development.

Total Quantity or Scope

Norfolk Environmental Credits Limited ('the Purchaser') is a collaboration between Breckland Council, Broadland District Council, North Norfolk Council and South Norfolk Council. Wendling Beck OPCO LLP ('the Supplier') operates an environment project that provides an opportunity to offset increased phosphate and nitrate loading. The Supplier and the local planning authority entered into a section 106 agreement dated 28 November 2024 (the 'S106 Agreement') which seeks to regulate the use of certain mitigation land at Wendling Beck, Gressenhall, Norfolk (as defined in the S106 Agreement as the 'Mitigation Land') so as to reduce the discharge of nitrogen and phosphorous from such mitigation land so that the reduction can be used to offset the effect of nutrients from new development which would affect designated habitats sites. The S106 Agreement requires for the temporary nutrient neutrality credits to be generated in a specific geographical catchment area to apply to the new developments. In securing the services for the generation, establishment and sale of nutrient mitigation credits, the Purchaser has entered into an agreement with the Supplier in which the Purchaser acts as the Supplier's agent for the sale of temporary Phosphorous and Nitrogen credits. At the time of the contract award, the Supplier is the only company which has demonstrated it is able to provide within an appropriate timescale a tradable nutrient benefit (Phosphorus and Nitrogen measured in kg/yr) in a specific area of the European protected sites as required by the legal framework and in which the Purchaser is seeking to secure the nutrient mitigation. Accordingly, after due consideration, the Purchaser has decided to make a direct award to the Supplier pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 on the grounds that competition is absent for technical reasons.

Award Detail

Award Criteria

CPV Codes

• 90710000 - Environmental management

Legal Justification

The S106 Agreement requires for the temporary nutrient neutrality credits to be generated in a specific geographical catchment area to apply to the new developments. In securing the services for the generation, establishment and sale of nutrient mitigation credits the Purchaser has entered into an agreement with the Supplier in which the Purchaser acts as the Supplier's agent for the sale of temporary Phosphorous and Nitrogen credits. At the time of the contract award, the Supplier is the only company which has demonstrated it is able to provide within an appropriate timescale a tradable nutrient benefit (Phosphorus and Nitrogen measured in kg/yr) in a specific area of the European protected sites as required by the legal framework and in which the Purchaser is seeking to secure the nutrient mitigation. The Purchaser has established that, due to the technical and legal requirements associated with the generation of nutrient benefit, and the specific geographical requirements of the S106 Agreement, there was no other reasonable alternative or substitute and that the absence of competition was not the result of an artificial narrowing down of the parameters of the procurement. Accordingly, after due consideration, the Purchaser has decided to make a direct award pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 on the grounds that competition is absent for technical reasons.

Other Information

** PREVIEW NOTICE, please check Find a Tender for full details. **