Request for information on the ERF Construction Works contract

Further to our email acknowledging your freedom of information request (reference 2024-232), our response is as follows.

You requested information on NLWA’s Energy Recovery Facility (ERF) Construction Works contract.

Q. What are the contractual performance KPIs for this contract?

A. Please see the attached table. 

Q. Suppliers who applied for inclusion on each framework/contract and were successful & not successful at the PQQ & ITT stages 

A. The suppliers who submitted selection questionnaires during the procurement of the contract were ACCIONA Industrial, S.A. (ACCIONA), CNIM Environment & Energie EPC SAS (CNIM), and Hitachi Zosen Inova AG (HZI). All three were shortlisted and invited to submit detailed solutions. Before the response deadline, however, CNIM withdrew and ACCIONA and HZI partnered as main contractor (ACCIONA) and main technology subcontractor (HZI) to submit a joint response. NLWA was confident that it could meet the requirements of the Public Contracts Regulations 2015 and deliver value for money with a single tender, so the decision was taken to proceed with the procurement. ACCIONA and HZI subsequently participated in a dialogue stage and jointly submitted a final tender, following which the contract was awarded to them.

Q. Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date 

A. Under the contract, some elements are paid for in pound sterling (GBP) and other elements are paid for in Euros (EUR). The spend to date as of the day of your information request, 20 May 2024, was GBP 168,758,582.71 and EUR 220,339,207.26.

Q. Start date & duration of framework/contract?

A. The commencement date for the contract was 24 January 2022. The contract is for the construction of the specified buildings and plant, rather than for a period of services, so it does not have a fixed duration as would be expected in a services contract. It will be concluded by the completion of the construction works and performance testing.

Q. Could you please provide a copy of the service/product specification given to all bidders for when this contract was last advertised?

A. The specification was set out in 40 draft contract schedules, the size of which exceeded three gigabytes when published at the ISDS stage. Please confirm which schedules you are interested in from the list below:

• Schedule 22.1.1: Technical Specifications for Incinerator Boiler
• Schedule 22.1.2: Technical Specifications for Flue Gas Treatment System
• Schedule 22.1.3: Technical Specifications for Turbine-Generator-ACC-District Heating
• Schedule 22.1.4: Technical Specifications for Auxiliary Equipment
• Schedule 22.1.5: Technical Specifications for Electrical Equipment
• Schedule 22.1.6: Technical Specifications for Control and Monitoring System
• Schedule 22.1.7: General Technical Requirements
• Schedule 22.1.8: Process and Design Data
• Schedule 22.1.9: Technical Conditions
• Schedule 22.1.10: Welding and Inspection of Pressurised Parts
• Schedule 22.1.11: Steel Constructions
• Schedule 22.1.12: Acoustic Noise and Vibrations
• Schedule 22.1.13: Insulation and Cladding
• Schedule 22.1.14: Measurement Connections, Flue Gas – Air System
• Schedule 22.1.15: Measurement Connections, Water – Steam System
• Schedule 22.1.16: Fire Detection, Suppression and Protection Systems
• Schedule 22.1.17: Identification and Labelling of Components
• Schedule 22.1.18: Pressure Vessels, Tanks and Piping
• Schedule 22.1.19: Standard for Staircases and Galleries
• Schedule 22.1.20: Fibre Reinforced Plastic (FRP) and Plastic Welds
• Schedule 22.1.21 (A, B, C): Concept Drawings for Process
• Schedule 22.1.22: Concept Drawings Electrical
• Schedule 22.1.23: Concept Drawings Automation
• Schedule 22.1.24: Options
• Schedule 22.1.25: Technical Forms
• Schedule 22.1.26: Construction Programme
• Schedule 22.2.1-11: Civil Engineering and Building Works
• Schedule 22.2.12: Building Services Elements
• Schedule 22.2.13: Ancillaries Buildings
• Schedule 22.3.1: Site and Working Conditions
• Schedule 22.3.2: KKS (Kraftwerk Kennzeichnen System) Manual
• Schedule 22.3.4: Data Manual for CMMS (Computerised Maintenance Management System)
• Schedule 22.3.5: Safety in Design
• Schedule 22.4: Architectural Specifications
• Schedule 22.5.1: ERF Contract Boundary Site Plan
• Schedule 22.5.2: Layout Drawings
• Schedule 22.6: External Interfaces
• Schedule 22.7: ERF Landscape Specifications and Specific Requirements
• Schedule 22.8: Purchaser Policies and Protocols
• Schedule 22.9: Site Conditions, Permits and Constraints
• Schedule 24: Stakeholder Management and Collaboration
• Schedule 25: Social Value

Q. Is there an extension clause in the framework(s)/contract(s) and, if so, the duration of the extension?

A. As noted above, the contract is for the construction of the specified buildings and plant, rather than for a period of services, so it does not have a fixed duration as would be expected in a services contract. There are therefore no extension clauses.

Q. Has a decision been made yet on whether the framework(s)/contract(s) are being either extended or renewed?

A. As noted above, the contract is for the construction of the specified buildings and plant, rather than for a period of services, so it does not have a fixed duration as would be expected in a services contract. There are therefore no extension or renewal clauses.

Q. Who is the senior officer (outside of procurement) responsible for this contract?

A. The senior officer responsible for the contract is Peter Andrews, Programme Director.

If you are dissatisfied with the handling of your request, you may ask for an internal review, which should be submitted within two months of when you received our response to either informationrequests@nlwa.gov.uk or enquiry form quoting the above reference.

If you are not content with the outcome of the review, you may complain to the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or via their online portal. The Information Commissioner will not usually accept complaints before a review has been completed.