Purpose

Proposed
decision:
 
(a) 
APPROVE the procurement and contract award of a
paper and card waste processing contract for an initial 5 years
(plus an extension of up to 2 years);

 
(b) 
DELEGATE authority to the Director of Environment
and Circular Economy to take relevant actions to facilitate the
required procurement activity;
 
(c) 
DELEGATE authority to the Director of Environment
and Circular Economy, in consultation with the Cabinet Member for
Environment, to take relevant actions including but not limited to
awarding, finalising the terms of and entering into the relevant
contracts or other legal agreements, as necessary, to implement the
decision; and
 
(d) 
DELEGATE authority to the Director of Environment
and Circular Economy, in consultation with the Cabinet Member for
Environment, to award extensions of the contract in accordance with
the relevant clauses within the contract.
 
Reason for the decision
KCC
currently has in place contractual arrangements that are due to
expire 30th November 2026, and therefore is
seeking new contractual arrangements from 1st December
2026, for the processing of paper and card waste currently
collected by the Waste Collection Authorities and at the Household
Waste Recycling Centres (HWRCs) across Kent.
 
Background

-     
As the Waste Disposal Authority, KCC has a statutory
responsibility for the processing of paper and card waste collected
by Borough and District Councils (known as the Waste Collection
Authorities) from households at the kerbside, and from deposits by
residents at HWRCs across the County.

-     
Existing contracts are due to expire on 30th
November 2026, and this procurement seeks to establish new
countywide contractual arrangements from 1st December 2026. A
lead-in time is necessary to allow for the development of a
detailed and fit-for-purpose service specification, negotiations
and mobilisation, as well as to ensure all internal governance and
approval processes are completed ahead of issuing the full
tender.

 

-     
The commission will be offered as a single
County-wide contract and procured via a competitive
procurement process under the Procurement Act 2023 and will
include the provision for managing circa 30,000 tonnes per
annum.

-     
The contract will be for an initial period of 5
years, with an option to extend up to a further 2 years. This
timeframe is intended to ensure a reliable and consistent statutory
service during the Local Government Reorganisation transition
period.

-     
The extension will be considered based on
performance and value for money, in accordance with "Securing
Kent’s Future" and will be assessed through a benchmarking
exercise conducted 18 months before the extension clause is
activated.

-     
The contract will ensure that providers adhere to
environmental legislation, permitting requirements and best
practice is delivered.
 
Options (other options considered but discarded)

 

-     
Option 1 - Do nothing – the current
arrangements will cease and KCC will be unable to accept the waste
- this is not an option due to
KCC’s obligation to receive this material under waste
legislation and dispose of it as per the Environmental Protection
Act 1990.

 

-     
Option 2 - Continue to accept the waste but
utilise alternative disposal options by using landfill or
incineration - This is not a viable
option. KCC has a legal obligation to manage waste in accordance
with the waste hierarchy, which prioritises recycling over
disposal. Sending paper and card to landfill or incineration would
not only undermine the Council’s recycling and landfill
diversion targets but would also result in a significant financial
burden.

 

-     
Option 3 - Extend for a further period
- This is not legally possible as the
paper and card contract has been extended within the parameters of
the existing contracts. 

 

-     
Option 4 – The Recommended Option: Commence
a full procurement exercise. This is the
preferred option and provides sufficient time to undertake a full
commissioning exercise before 1st December 2026, and to secure a
provider who can treat and utilise the waste material meeting the
circular economy desired outcomes.

 
How the proposed decision supports the

Framing Kent's Future
- Our Council Strategy 2022-2026

·        
This decision aligns to Priority 3:
Environmental step change: Continue to
work with our commissioning partners to create the infrastructure
and jobs that enable us to reprocess waste materials and produce
energy within the county, in order to maintain a closed loop local
economy.
How the
proposed decision supports Securing Kent’s Future 2022
-2026:
Securing Kents Future
- Budget Recovery Strategy.pdf

·        
This decision is compliant with the
Strategic Statement and supports the delivery of Securing
Kent’s Future: Objective 2: Delivering savings from identified opportunity areas to set a
sustainable 2026/27 budget and Medium Term Financial Plan: Contract
Review and delivery of best value.
 
Legal
Implications  
 

-     
A key function of the Waste Disposal Authority
operating under the Environmental Protection Act 1990, Section 51
states that it shall be the duty of each Waste Disposal Authority
to arrange:-

a)   
for the disposal of the controlled waste collected
in its area by the waste collection authorities;

b)   
for places to be provided at which persons resident
in its area may deposit their household waste and for the disposal
of waste so deposited.
 

-     
The Waste Framework Directive (2008/98/EC) sets the
basic concepts and definitions related to waste management,
including the principles of the waste hierarchy. It requires
Councils to take measures to encourage the separation and recycling
of waste.

-     
The Circular Economy Package includes several
directives aimed at promoting recycling and reducing landfill usage
(Note: KCC currently at less than 1%). It sets targets for
recycling rates and requires Councils to implement measures to
achieve these targets.

-     
Simpler Recycling legislation requires all local
authorities in England to collect paper and card as a separate
recyclable waste stream from all households, albeit the legislation
does allow for co-mingled collections with other dry recyclables,
starting from March 31st, 2026.

-     
Due to the forthcoming Local Government
Reorganisation, it is anticipated that the contract will be novated
to the successor authority or authorities, depending on how the new
governance structures are established.
 

Decision

As Cabinet Member for Environment I agree
to:
 

APPROVE the procurement and contract
award of a paper and card recycling contract for an initial 5 years
(plus an extension of up to 2 years);

 

DELEGATE authority to the Director of Environment
and Circular Economy to take relevant actions to facilitate the
required procurement activity;

 

DELEGATE authority to the Director of Environment
and Circular Economy, in consultation with the Cabinet Member for
Environment, to take relevant actions including but not limited to
awarding, finalising the terms of and entering into the relevant
contracts or other legal agreements, as necessary, to implement the
decision; and

 

DELEGATE authority to the Director of Environment
and Circular Economy, in consultation with the Cabinet Member for
Environment, to award extensions of the contract in accordance with
the relevant clauses within the contract