Nitrogen and Phosphorous Mitigation Agreement

Norfolk Environmental Credits Limited ('the Purchaser') is a collaboration between Breckland Council, Broadland District Council, North Norfolk Council and South Norfolk Council.

In securing the services for the generation, establishment and sale of nutrient mitigation credits, the Purchaser has entered into an agreement with the supplier for the allocation of the nutrient pollution savings (Phosphorus and Nitrogen benefit measured in kg/yr) for the purposes of generating nutrient credits. The supplier provides high efficiency (HE) nutrient removal package treatment plants (PTP) for the generation, establishment and sale of nutrient mitigation credits. The services include the calculation of the nutrient benefit in accordance with a robust scientific evidence base and securing the nutrient benefit for a minimum period of 90 years.

The Purchaser has undertaken market analysis in the design of the services. A call for nutrient offset investment opportunities has been published on the Purchaser's website and soft market engagement has been undertaken with those service providers who have approached the Purchaser. The Purchaser had a specific requirement to identify a supplier who could generate nutrient benefit through upgrading existing septic tanks to high efficiency nutrient removal package treatment plants. At the time of contract award the appointed supplier are the only company which has demonstrated it is able to provide a tradable nutrient benefit (Phosphorus and Nitrogen measured in kg/yr) in the geographical catchment 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 pursuant to Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015 on the grounds that competition is absent for technical reasons.