Waste Management Contract
Range of services
Services in scope
- provision of receptacles (bins)
- treatment and/or disposal
- bin / site / trap cleaning
- customer education
- associated equipment such as compactors, bailers, lifters and additional receptacles for local consolidation as necessary or required by eligible buyers.
- general waste to landfill (or) treated by an approved facility
- grease trap
- secure destruction services
- clinical and related.
Services not in scope
- washroom sanitary / nappies / non clinical sharps and other related services which include bin supply and collection disposal service
- washroom sharps bins and collection service under two litres
- specialist hazardous / radioactive waste not included in the clinical and related category
- waste audits - see contract 100276.
Contract 9698 is a devolved contract. As part of this arrangement, NSW Procurement is responsible for providing first level support to contract users. In circumstances where the enquiry is best dealt with by the contract manager, NSW Procurement will handle the escalation process.
Key contract features
General waste to landfill or approved treatment facility
- general solid waste (putrescible) or general solid waste (non-putrescible) as defined by the EPA waste classification guidelines which is currently disposed of in landfill
- commercial and industrial waste (C and I) – but not including any waste classified as hazardous and requiring particular licencing for its disposal
- construction and demolition waste (C and D) – but not including any waste classified as hazardous and requiring particular licencing for its disposal.
Recycling and resource recovery sorted or commingled
- organics including pruning’s and clippings treated in an approved treatment facility
- organic food waste recycled in an approved treatment facility
- aluminium, copper, and other recyclable ferrous and non-ferrous metals in other than bulk collection form
- bulk collection of copper and ferrous metals
- electronic goods or equipment such TVs, computers or peripherals, servers etc
- hand held batteries / dry cell batteries
- liquid packaging board containers
- recyclable plastics classified 1 to 7 including but not specifically limited to:
- PET / PETE
- Other plastics
- expanded polystyrene, plastic film and equivalents
- glass containers
- paper and cardboard including but not limited to paper, newspaper and magazines, stationery, envelopes, books including telephone directories and other equivalent items and cardboard but does not include any items which are required to be securely destroyed
- construction and demolition waste (C and D) – but not including any waste classified as hazardous and requiring particular licencing for its disposal (e.g. asbestos)
- recycling of fluorescent and other applicable luminaires either occurring due to general luminaire replacement or re-lamping of facilities conducted on a one-off basis or as a part of an ongoing preventative or corrective maintenance program. Recycling of these is to be through a fluorocycle signatory
- timber (such as timber pallets) other than construction materials
- other recyclables as agreed between the supplier and the principal from time to time as being included under the head agreement or coming into common use within the industry as required by buyers but not at present included in this statement of requirements such as e-waste, batteries, linen/cloth (e.g. towels, sheets, lab coats, etc.), and small appliances/ electronics.
Grease trap and other similar wastes which require a pump out service, including the disposal of such waste at an appropriate licensed disposal facility.
Secure destruction service includes but is not limited to the following items (Note that specialised disposal requirements apply to the secure destruction of items):
- the secure destruction of paper or other similar form of records, including the provision of all required destruction certificates and associated documentation
- the secure destruction of data stored on media in whatever form in or on which data or other information is stored. Once media is securely destroyed, the supplier shall guarantee that such data is not retrievable by any person using any form or method of retrieval
- uniforms, identification tags and other items as required to be securely destroyed by a buyer
All other items that are required to be securely destroyed under the State Records Act NSW (1998) and associated regulations as amended.
This may include the secure destruction of documents, uniforms, optical, magnetic, other data storage media, as well as photographic media and other such material as required by the buyer.
Suppliers listed on the panel are accredited by the Australian Security Intelligence Organisation (ASIO) to a maximum level of T4 protective security no less than the secret and above.
Buyers should seek advice relating to the appropriate level of security required with T4 protective security being the highest level of security offered by suppliers on the panel.
Secure destruction buyer responsibilities
Contractors can be engaged to destroy records. However, it is the responsibility of the public office to ensure that destruction occurs in accordance with the approved methods of destruction. Sample questions to ask if using a contractor for the destruction of hardcopy records:
- what types of trucks are used?
- are locked bins available?
- where are the records destroyed? (on company premises)
- how will the records be destroyed? (methods)
- can I witness the destruction?
- are the records destroyed on the same day as collection?
- if same day destruction is not available, where are the records stored pending destruction?
- what type of supervision is provided when records are destroyed on another company's premises?
- are there specific secure destruction services available?
- are certificates of destruction provided and when are they sent?
View more information on State Records website.
Transport of secure waste
The contractor can collect records from your office for destruction, or you can deliver the records to them. A closed truck should be used whenever possible.
However, if there is no alternative and the contractor can only provide an open truck, ensure that the load is secured by a cover. Sensitive and confidential records should only be conveyed in a closed and lockable vehicle.
Certificate of destruction
The contractor must supply you with a certificate of destruction. If records that were supposed to be destroyed are subsequently found, the certificate is evidence that the contractor was at fault, not your organisation. You may also want to request that the certificate of destruction includes the method of destruction used by the contractor. Further information on handling of records is available from the State Records website.
The definition of 'clinical and related waste' under the Protection of the Environment Operations Act 1997 includes:
- genetically modified organism
- clinical sharps.
This category includes the collection, destruction and disposal of waste together with the supply of appropriate bins which shall meet or exceed relevant Industry standards.
A clinical sharp is an object capable of inflicting a penetrating injury which may or may not be contaminated with blood and or body substance. This includes needles and any other sharp objects or instruments designed to perform penetrating procedures as a result of a clinical scenario in a health care facility.
For current definitions of clinical and related waste refer to Waste Classification Guidelines for health care facilities as published by NSW Health and any other relevant NSW Government Environmental Protection legislation, regulation and codes.
For the purposes of this Head Agreement a GMO is an organism whose genetic material has been altered using genetic engineering techniques.
Dynamic site specific quotes
Buyers have the choice to arrange supply from a range of suppliers according to their competitiveness on the panel. Contract provides the opportunity for all eligible buyers to negotiate prices (below the maximum prices listed on NSWBuy) with the suppliers on the panel. Eligible buyers have access to a minimum of two suppliers in each NSWBuy region. Eligible buyers are encouraged to seek quotes from multiple suppliers to ensure that buyers are getting the best deal for their site and waste type.
Buyers have the opportunity to seek quotes in their NSWBuy region to aggregate the collection of multiple waste streams under a single supplier and introduce appropriate performance targets and incentives. Suppliers and buyers are encouraged to work together to reduce waste (a cost to the supplier) and increase recycling (potential revenue for the supplier), thereby reducing the overall costs to government.
Overall supplier performance will be managed by NSW Health with a comprehensive set of performance KPIs which are measured on a periodic basis. Buyer specific KPI/SLAs can be negotiated between the suppliers and buyer in a request for quote. This is particularly important for those that have special access and/or security requirements such as working with children checks for schools.
Suppliers are required to provide accurate and detailed information including top three waste stream reporting in accordance with the Government Resource and Efficiency policy.
The approach to combining waste streams will as a minimum, reduce the cost of waste disposal. The supplier may from time to time receive requests to report on the content of a bin as part of tracking the success of buyer education initiatives. This is not to be confused with Contract 1002676 which provides for waste audits.
Alternative waste treatment (AWT) technology
Suppliers appointed to the panel are able to provide alternative waste treatment technology. A handbook has been developed by the EPA that may help customers with assessing proposals for the growing range, type and benefits of implementing AWT technologies.
It is essential that buyers who move to AWT are well informed with decisions soundly based. Technology evaluation and decision-making need to be considered within an overall integrated resource recovery strategy and be based on the life-cycle impacts of the materials and processes involved, rather than on cost alone.
View more information on the EPA website.
General requirements for the provision of waste collection services
Unless otherwise agreed with the customer, the supplier must ensure:
- after emptying each bin, return a completely emptied bin, with the lid closed and in an upright position, as near as practicable to the position in which it was located prior to being emptied
- must not leave bins in a position which might impede pedestrian or vehicular movement
- collection vehicles are passing along roads or left standing in any public place, they must be secured so as to prevent the escape of any materials from the collection vehicle
- collection vehicles are not to be left standing in such a manner as to cause offence or present a hazard to a member of the public
- collection vehicles shall remain stationary whilst emptying bins
- waste management services shall be performed with minimum noise, nuisance and disturbance and shall not be in breach of Environment Protection Authority (EPA) or local council noise regulations
- bins shall not be handled in a manner that may result in damage to the bin
- the supplier and buyer will negotiate an agreement regarding the days, times and manner at which the services will be provided. This agreement will be based on the local requirements of a customer. In accordance with the Head Agreement framework, the agreed conditions will form the supply schedule of the customer contract.
Please Note - All agreed conditions including the negotiated rates must be agreed in writing via the customer contract order form PDF, 463.51 KB which forms part of the Head Agreement. The supplier should be able to provide a copy of the customer contract order form.
NSW Procurement Board Direction 2019-04
NSW Procurement Board Direction 2019-04: A government agency must use whole-of-government contracts for obtaining the goods or services to which those contracts apply, except where specific exemptions are provided by Procurement Board policies or the Public Works and Procurement Regulation 2014.
The supplier has complied:
- to support the NSW Procurement Board Direction by, subject to each customer’s agreement, transitioning each agency onto this whole-of-government contract
- not to market any separate contract to any government agencies (within the meaning of the Public Works Act 1912)
- where any buyer inadvertently enters into a separate contract during the period of this whole-of-government contract or who has previously entered into a contract with the supplier shall be able to transfer to this whole-of-government contract without incurring any penalty.
Buyers and suppliers should work together to establish a solution which best fits their site. Seeking quotes with the actual volume of waste produced by a site, buyers have the opportunity to enter into price negotiations for the collection of recoverable materials which is a potential source of revenue.
The volume of waste produced by a site should be used to guide for customers in selecting the most appropriate waste management solution (for example receptacle size, collection frequency and disposal / recovery method).
The material collected by the supplier in the course of performing the waste management services must be delivered to a licensed and approved waste disposal facility or resource recovery facility in NSW.
The supplier is to advise the buyer in writing prior to commencement of the service what facility will be used to dispose of waste. The customer contract should reflect this.
In addition, the supplier is to advise the customer, prior to the service commencing, of any acceptance criteria of the facility and any specific non-acceptance criteria of the facility where the waste is being transported for treatment or disposal. It is the responsibility of the supplier to monitor the facility’s acceptance criteria and to advise the customer of any changes in these criteria.
If the supplier wishes to change the disposal facility for whatever reason, either temporarily or permanently, then the supplier must seek prior expressed permission from the buyer or the principal prior to the change being implemented.
The buyer or the principal may seek further explanation and reserves the right to challenge any such change of facility.
The buyer or principal can stipulate that the supplier continues to use the disposal facility as proposed in their original service offer, providing such action is not in contravention of any legislation and does not pose a health and safety risk.
In accordance with the Head Agreement framework, any agreed conditions will form the customer contract implementation and management plan as part of the customer contract.
Service database, futile collections and waste contamination
The supplier shall develop and maintain a database managing and reporting to the buyer and principal instances of non-collection, problems with bin presentation and contamination. The buyer and the supplier establish a reporting procedure for the purpose of reporting these issues.
If a procedure has not been developed in accordance with the Head Agreement, the supplier must notify the customer specifying the problem, in a form approved by the buyer either by way of issuing a notice or otherwise securely delivered to the location, such as by placement of labels on the bin or on materials placed alongside the bin.
Where the missed service is the fault of the supplier, then the supplier will agree to a suitable time for the additional service and will bear the cost of such service.
Buyers must be notified within 24 hours of the incident occurring or being aware of a potential incident occurring.
All bins presented for collection on the normal collection day shall be emptied, unless the bin is deemed unacceptable for collection.
If the supplier becomes aware of contamination or gross contamination whilst in the process of emptying the contents of the collection vehicle at either a Materials Recovery Facility (MRF) or Waste Disposal Facility (WDF), the supplier must provide the buyer with immediate notification and assist in the immediate resolution of the incident.
Any additional cost associated with such an incident is to be agreed to and approved by the customer prior to any additional service being undertaken.
On the second occurrence, over a time period agreed upon by the supplier and customer, of any contamination incident as specified under the Statement of Requirements, the supplier must provide the customer with immediate notification and assist in the immediate resolution of the incident.
On the third occurrence, over a time period agreed upon by the supplier and buyer, of any contamination incident, or combination of incidents as specified in the Statement of Requirements, the supplier must provide the buyer with immediate notification and assist in the immediate resolution of the incident.
In addition, the supplier must notify the principal of the situation and request that a letter be issued to the customer from the principal advising of the possible removal of services after any further incident over a time period agreed upon by the supplier and the principal.
A template customer contract is available for use between the buyer and supplier.
It is recommended that prior to commencing the provision of waste management services under a customer contract the buyer and supplier convene a start-up meeting to discuss implementation and management of the agreement and, to undertake a site assessment and discuss as a minimum:
- when services will commence
- when the customer contract will expire
- notice for termination of the customer contract including any period when the customer contract may not be terminated (this will usually be the period between the commencement and expiry of the agreement and any renewed agreement)
- the eligible buyers’ auditing requirements including procedures and the time required for preparation of an waste audit
- the changeover process in clause from the current supplier if any
- how the supplier will transition into the agreement including the need for any asset changeover
- roles and responsibilities for the transition into the customer contract and ongoing management of the customer contract
- the time frame within which the transition is to be completed, which shall not exceed 30 days
- limitations on access to the collection point and other conditions and, characteristics which may be encountered on the site
- any site specific requirements in relation to security/access or police or working with children checks
- risks, contingencies and other circumstances which might affect the suppliers ability to service the site
- the days, times, type, frequency of service and manner in which the waste management services will be provided taking into consideration compliance with local noise requirements, minimising traffic congestion and the normal operating hours of each location
- optimum bin size and bin numbers in accordance with agency/site requirements. If the bins are over filled repeatedly, the supplier(s) may choose not to pick up the bin upon providing notice to the customer 24 hours in advance. Where this becomes an issue, the buyer and the supplier must work with each other and determine the optimal requirements (Bin size, frequency, number of bins etc) of the site to ensure the problem does not occur again.
- procedure to notify the buyer of missed services and bin presentation problems
- processes and procedures in relation to contamination of waste including the agreed time periods between contamination events for the purposes of considering multiple occurrences of contamination
- procedure to remedy missed services
- the facility that the waste will be disposed at or recycled and the acceptance criteria of the facility and any specific non-acceptance criteria
- procedures and cost for cleaning and disinfection of bins
- the eligible buyer’s requirements as to any pre-service and start-up education including agreement as to whether a draft pre service and start up education plan is required and the placement of appropriate signage, instructions, and labelling of bins
- if an annual education plan is required
- any variations to the Statement of Requirements that have been agreed by the supplier and eligible buyer in relation to the way in which the services are to be provided
- any inconsistency between the standards, rules or regulations listed in clause 16 of the Statement of Requirements; and the parties proposed solution to the inconsistencies
- the eligible buyer’s complete needs for the supply of the waste management service(s)
- and performance management or service level agreements required by the customer
- when this implementation and management plan should be reviewed
- the procedures and cost for organising special events and temporary collection
- reports that a buyer will require and
- any other matter a buyer wishes to discuss with the supplier.
It is a requirement that the discussions and agreement of the meeting be documented as a written customer contract implementation and management plan which shall be provided to the customer and upon request to the principal.
Eligibility to use contract
Public bodies can purchase from NSW Government contracts under Clause 6 of the Public Works and Procurement Regulation 2019.
How to register as an eligible buyer
To register as a new customer please complete the online registration form.
Once approved, you will be advised of your authorised buyer identification number and you are then eligible to use the NSW Government contracts. Please be aware this registration process may take approximately eight weeks.
Please email email@example.com if you have any problems completing your application form or if you wish to check your registration status.
- Public / products liability insurance of $10 million AUD
- Workers compensation insurance
- Motor vehicle insurance.
Agency savings opportunity
Some recovered recyclable material is a potential source of revenue for some suppliers. Buyers are encouraged to seek multiple quotes from their local suppliers on the panel who may negotiate prices specific to each site’s location and volume.
Internal factors that may affect the quoted price
- type of waste that is to be collected
- the volume of waste that is to be collected
- discounts for aggregating multiple waste services from a single supplier
- potential for invoice offsets / rebates for recoverable materials
- the time of day of the service
- the size of bin
- frequency of collections
- additional equipment such as compactors / lifters / bailers
- any special requirements relating to the customers site, access requirements, police checks and working with children checks.
External factors that may affect the quoted price
- the facility used by the supplier to process the waste
- if the buyer is situated near any of the suppliers existing buyer's collection ‘runs’.
- the commodity price / resale value of any recovered material.
Complaints and disputes
If case of a dispute, both the buyer and the supplier must use their best efforts to resolve it.
The buyer should speak to the supplier's customer service representative first. If they can't solve the matter together, the buyer should then contact NSW Procurement.
If the dispute cannot be resolved by mutual agreement of both parties in consultation with NSW Procurement, it will be referred for expert determination. This more formal process will need a higher level of detailed documentation, correspondence and records.
Who selected the services?
All services selected to be in the contract have been chosen by a panel of key agency representatives to ensure the services on contract meet the broad needs of NSW Government agencies. Consultation was also conducted with NSW EPA and individual agencies.
Am I required to use this contract?
Yes. As directed in Premier’s Memorandum M2006-11 NSW Procurement Reforms: “All agencies, other than State Owned Corporations, must use whole-of-government contracts, where they are available, when procuring goods and services.”
Can I still use my current supplier?
Under the contract, suppliers are contracted to supply services according to category and region. Some suppliers may be contracted to provide the same items as they have supplied under previous contracts, however, in some cases there will be a change of supplier required.
Only suppliers on the current contract can be approached to supply services and only for services they have been accepted to supply. Suppliers are required to meet specifications and provide current waste licence details, if this has not been provided previously, as specified in the contract.
What if the supplier on contract doesn’t want to supply the services I need?
When the customer enters into a customer contract with the supplier during the term, the supplier must supply the required deliverables to the customer on the terms and conditions of the customer contract and in accordance with the agreement. Notify the NSW Procurement Service Centre if there is an issue that cannot be resolved.
What if the supplier on contract doesn’t have the services I need?
All suppliers on the contract have been rigorously checked as part of the tender process to ensure that they have the capacity to supply the services for the regions they have been awarded.
How do I seek an exemption from using a contracted supplier?
If there is a compelling valid reason for not using a supplier under contract an application for exemption must be made to the authorised delegate for your agency.
For information on how you make this request contact the NSW Procurement Service Centre or your agency procurement centre. NSW Health buyers should contact the Contract Manager at Health Share.
How do I report purchasing, supply or payment issues?
Try to resolve contract and service issues directly with the supplier. All suppliers have representatives to assist with this process. If you unable to resolve the matter to your satisfaction, escalate the issue by contacting the NSW Procurement Service Centre on 1800 679289.
Can I negotiate discounts?
A request for quotation (RFQ) process may be used if an eligible customer wishes to obtain better pricing than the ceiling prices in this contract because they are able to offer volume estimates and/or sole supplier arrangements for specific regions/locations. This is permissible under the agreement under clause 5.3.5 of the deed of agreement, wherein the customer may conduct a request for quotation (RFQ).
Suppliers may also offer pricing lower than ceiling prices for customer contracts and eligible customers are encouraged to negotiate this directly with the suppliers.
Can I request reports from a supplier?
Suppliers are required to submit monthly and annual reports to the principal. Customers may request reports on a regular or as required basis from suppliers who they have a customer contract with.
Code of behaviour
The supplier must, in carrying out this agreement, comply with the codes, policies and guidelines and standards listed in the contract, which includes the Code of Behaviour for the Protection of Children and other Vulnerable People.
The supplier must ensure that all persons working on the site or sites under the contract; including but not limited to the supplier’s employees and managers, consultants and sub-contractors, understand and comply with the requirements shown below:
- All supplier employees must gain permission to enter the school or facility before commencing work and they may only enter approved areas. The supplier’s representative, or where a sub-contractor is working without the supervision of the supplier, the sub- contractor’s representative, must report their presence to the person in charge of the school or facility on arrival each day and record, in the site visit log, the details of all of the supplier’s or sub- contractor’s employees working at the site or sites that day.
- Supplier employees should avoid talking with, touching or interacting with any children or residents or other users of the school or facility, except where the work requires it, or in an emergency or safety situation.
- Supplier employees must only use approved toilets and other facilities, unless the person in charge of the school or facility gives written authority to use alternative arrangements.
- The work area must not be able to be used or accessed by children, or residents or other users of the school or facility while work is in progress. Clear signs and barricades (where appropriate) must be used to prevent any inadvertent or unauthorised access.
- Appropriate privacy must be maintained when working on toilets and similar facilities. Supplier Employees must ensure that toilets and similar facilities are not occupied or in use by children, residents or other users before entering to perform work, and that work does not continue when use of the facilities is required.
- Where practicable male employees should perform work on male facilities and female employees on female facilities.
- Supplier employees must wear clothing that is tidy and in good condition, including a shirt, shorts or trousers or skirts at all times.
- Supplier employees should report any concerns about children’s behaviour or child abuse to the person in charge of the school or facility.
- Supplier employees must wear or carry an identity card at all times when on the site or sites.
Online catalogues and price list
View products of suppliers on this contract on eCatalogues.
To see pricing information you will need login access. Contact your agency administrator or the NSW Procurement Service Centre.
Pricing information is available on eCatalogues as an attachment in the Further documents tab located in the item detail.
Prices on eCatalogues will be firm for the first 12 months.
A supplier may seek to vary the maximum price (contained on eCatalogues) of a service by writing to the Principal on Contract 9698 in accordance with the frequencies and methodology stated in Contract 9698.
Price variations approved by the Procurement Board shall apply to all customer contracts made on or after the date upon which the board publishes the varied price on NSWBuy eCatalogues.
Waste information and advice
Information and advice about how best to deal with your waste is available from:
Quotes may be arranged on the value of the job, this may be done verbally, in writing or by contacting the supplier.
Customers are to refer to NSW Procurement Board Direction PBD-2019-04-Approved procurement arrangements from July 1 2019 for instructions as to engaging with the suppliers.
Engaging with suppliers
Such negotiations shall consider issues including, but not limited to the following:
- compliance with local noise requirements
- minimising traffic congestion
- normal operating hours of each location
- collection times
- limitations on access to the collection point
- reporting requirements and frequency to the buyer (GREP)
- number of bins
- type of bins
- additional equipment
- price (not exceeding maximum Head Agreement prices)
- the location where the services will be undertaken for example, kerbside, loading dock or other location as agreed by the supplier and the buyer
- any buyers with specific site requirements in relation to entry and exit of their premises, including any special requirements for security and access clearances where required.
Any additional insurance provisions required by a customer such as an increase of the covered liability which exceeds the amount listed in the Head Agreement in accordance with the Head Agreement Insurance/Indemnity requirements.
Customer contract order form
All eligible buyers must enter into a customer contract with their chosen supplier(s) via a Contract 9698 customer contract order form PDF, 463.51 KB which can be obtained from the supplier.
Standard payment terms with all suppliers are 30 days from receipt of a correctly rendered invoice.
Buyers may reject a delivery which is not in accordance with the order. Likewise, suppliers may choose not to pick up a bin (for example, overfilled bin) that is not as agreed with the buyer in writing via the Contract 9698 customer contract order form PDF, 463.51 KB.
Government taxes and charges
NSW Government Waste levy is incorporated into rates.
Third party purchasing
Clause 6 of the Public Works and Procurement Regulation 2019 allows the NSW Procurement Board to provide access to suppliers of public sector bodies to state contracts standing offer agreements for the provision of goods and services. These suppliers are known as Nominee Purchasers. The public sector bodies making the nominations are known as Nominating Agencies.
'Nominee Purchaser' means a supplier to a public sector agency, nominated by the public sector agency to be authorised to place Orders under Standing Offer Agreements for works done as such a supplier and registered by NSW Procurement.
Access of nominee purchasers to NSW Government contracts standing offer agreements:
- is limited to standing offer agreements relevant to the contract between the nominating agency and the nominee purchaser, and which are specifically listed in the nominee purchaser’s registration and
- is for a fixed period of registration, usually ending on the completion of the term of the contract between the nominating agency and the nominee purchaser.
A nominee purchaser must not purchase goods or services under a NSW Government contract standing offer agreement, unless they are related to its obligations under a contract with a public sector agency and are used during the term of such a contract or included or incorporated in works, goods or services to be provided to the public sector bodies.