Joint Advisory on Designing Contracts for Processing of Municipal Recyclables: SWANA/National Waste & Recycling Association August 1st Update

The Solid Waste Association of North America and National Waste & Recycling Association (collectively “SWANA”) announced an amendment/update to the document they drafted in 2015 titled:

Joint Advisory on Designing Contracts for Processing of Municipal Recyclables (“Advisory”)

The trade associations had previously issued the Advisory in 2015 with:

. . . the intention of providing professionals throughout the solid waste industry a tool that contributed toward achieving best practices in contracting for recycling processing.

SWANA states that it is reissuing/amending or updating the document in light of the effect of China’s waste import restrictions on recycling programs and markets. They note:

At a time of major and sustained change in a key market and given the uncertain availability of other domestic or foreign markets with the capacity to accept all recyclables previously sent to China, NWRA and SWANA join in reiterating our support for contracts that reflect and accommodate changing market conditions and that address the risks and benefits available to all parties in such agreements.

The purpose of the Advisory, even in light of the update, appears to continue to be providing public/private sector solid waste management professionals “guidance, protocols and standards regarding contracting for processing of municipal recyclables.” The information is stated to be focused on situations where recyclables are collected from the residential sector and delivered to a Material Recovery Facility for processing in preparation for sale.

Components of the Advisory include:

• The Changing Waste Stream
• The Contracting Process
• Establishing Contract Procurement Protocols
  • Expressions of Interest
  • Request for Qualifications
  • Request for Proposals
  • Tender
• Obtaining Initial Feedback
• Content of Bid Documents
  • Changes in Law
  • Labor Disturbances
  • Acts of God, etc.
• Prescribing Performance Specifications and Standards
  • Contract Documents
  • Fundamental Contract Provisions

A copy of the Advisory, which includes an Attachment 2 (Methods of Determining the Value of Recyclables Handled at a Process Facility) can be found here.