Before looking at contracts, find out how the campus operates the garbage and recycling programs.  There is no cookie cutter strategy on this as all campuses have different challenges that determine how these operations are managed.  Some campuses contract everything and some keep all the work in-house.  Then there are campuses that have hybrid programs where the garbage is contracted out and the recycling is done in house.  

If the campus collects garbage and recycling with in-house labor and vehicles, assess if this is being done in a cost effective manor.  Determine the cost per unit and compare that to a contractors cost per unit.  If the campus contracts garbage and recycling services, make sure the service that is outlined in the contract is being met.  

It is feasible to change an entire system from in-house to contracting or vice versa. If the campus is considering a change to a system that has been in place for a long time, create a plan to make this transition.   Remember, there may be resistance to change from the administration or employees. 

Generally, a contract is written for a good or service when the price exceeds a certain price limit.  The limit will be different for each State or private entity.  As with any new program implementation, research how other campuses are managing garbage and recycling.  Evaluate the campus variables and maintain a broad perspective in creating contracts.  There are many components that are essential to the efficacy of the recycling/waste reduction effort that are not self evident in creating these contracts.  Don't sell the campus short on any of these issues.

Contracts, also called solicitations, usually go out for bid every 3-5 years.  Start making changes to a contract a year in advance.  In government run entities there are usually lots of rules to comply with that can slow down the process.  Think ahead and allow plenty of time to get the contract in place.  Talk with the procurement department to find out the procedures for changing a contract and bidding.  It is recommended that to read a copy of the campus procurement code.   

There are several methods of procurement.   Here is how many state colleges manage contracts:

1)     Competitive Sealed Bidding:  A written or published solicitation issued by an authorized procurement officer for bids to contract for the procurement or disposal of stated supplies, services or construction, which will ordinarily result in the award of the contract to the responsible bidder making the lowest responsive bid.

2)     Request for Proposal: A written or published solicitation issued by an authorized procurement officer for proposals to provide supplies or services, which ordinarily result in the award of the contract to the responsible bidder making the proposal determined to be most advantageous to the State.  The award of the contract must be made on the basis of evaluation factors, which must be stated in the RFP.

3)     Competitive Best Value Bidding:  The purpose of best value bidding is to allow factors other than price to be considered in the determination of award for specific goods or services based on pre-determined criteria identified by the State.

4)     Competitive On-line Bidding: This is basically the same as #1 above but it is accomplished on-line.  Could be the way to go for a recycling contract since you are encouraging the use of the computer over paper right from the start. 

Contracts generally follow a pattern.  There is a top sheet that probably has the State or school name, addresses and phone numbers, a description of the solicitation and time period, a due date, and a bid opening date.  The next several pages are called the boilerplate containing information that is standard for all contracts.  The requirements are commonly known as the specifications.  There are parts of the specifications that can be standard so if this is being created from scratch ask for a copy of several contracts that have already been bid and awarded. 

See below for links to PDF versions of contracts from a few schools.  Imagine what the process for garbage and recycling collection will look like from beginning to end and make a flow chart.  Also, consider being creative and writing a contract that creates an incentive for waste reduction and recovery.

The following information came from a power point presentation written by Laura Pergolizzi, Recycling Coordinator, for the University of South Carolina.  Please note: minor changes have been made to meet formatting of this book. 

Prioritize Campus Needs:

reliability of service

cost of service

flexibility of service

aesthetics of dumpsters and collection sites

weight or volumes of trash generated

length of contract

Think About Containers:

Ask vendors to go over all options for containers.  This is also a way to learn about new options and know what kind of containers to request.   

Lease, own, or lease to own?

Who does maintenance?

Who sanitizes and how often?

Do you want to change the size, style or color of your dumpsters or recycling bins?

Does pick-up frequency need to be altered?

Do site/bin signs need updating?

Ask for pressure gauges on compacting dumpsters to know when they are full.

Make sure that all equipment meets OSHA safety standards.

What Does the Program Want from the Vendor:

Designated liaison?

Weight or volumes reported on a monthly basis?

A daily, weekly, or monthly log from the vendor that documents problems?

A weekly or monthly meeting with a designated vendor liaison?

A monthly invoice formatted to program needs?  

Two-way communication with the driver?

Designated time and days of service and/or on-call service?

Designated response time for on-call or emergency pickups? (confirmation #)  

Cleanup of dumpster sites?

Assistance with annual or semi-annual waste audits?

Call campus police to tow cars that block containers?  

Dedicated truck or route?

Name of recycling facility, landfill, transfer station, MRF or incinerator used for contract?

Pay a flat fee, fee per pickup per size, fee per ton or volume?

Pay the landfill or incinerator fee to the landfill or the contractor?

Revenue from the sale of recyclables?

Have a Pre Bid Meeting:

*review contract expectations with bidders

*require bidders fill out a questionnaire stating how the requirements of the bid would be met

*take bidders on a tour

Provide an Out:

*if contractor fails to meet contract needs

*if service needs change

Create Operating Seasons:

Academic (38 weeks)

Winter (2 weeks)

Summer (12 weeks)  

Performance Guarantee:

If vendor meets certain requirements, consider creating a bonus for exceeding expectations of the contract.

If vendor fails to meet the minimum requirements, one option is to establish that the vendor will issue a credit to the University.

Provide the contractors a list of internal contract managers and all contact information and the address to send invoices.  The last part of the contract is a price sheet.  It should be a list of everything including service and equipment and prices. For example:

The total of the yearly rates would be the price of the contract.  A more complicated price sheet would ask for prices for all services including dumpsters you currently have and dumpsters you may need in the future.   For example, there may be a 6 yd emptied 3 days a week but because a new building is being built next door it will need an 8 yd emptied 6 days a week in the future.  Create a price sheet asking for the price of all dumpsters at all frequencies.   It is important to know what the price will be if a change comes up down the road. 

Pricing associated with fixed costs can complicate the price sheet.  For example, a 30 yard compactor may have a fixed cost of $100 a month for the lease rate, steam cleaning may be fixed cost that is charged variably, a third cost will be the haul rate and there might be a landfill rate.  The total cost of the invoice will vary monthly based on how many times the dumpster is emptied that month. 

One way to handle this would be to ask to be billed an average monthly price.  Another way to handle this is to have two price sheets.  The first price sheet will be the basic sheet asking for monthly and yearly rates.   The second sheet will have the detail for the monthly break down costs.   Make sure to differentiate between recycling containers and garbage dumpsters throughout the specifications.  

Try to get language that supports recycling placed in contracts that are already written.  Contracts for engineering and architectural work on new buildings should have green or sustainable building language.  Contracts for the vending machines should have recycling language.  Also contracts for the food service on campus should require that the vendor recycle materials generated from the contract.

Resources

American Bar Assoc.
http://fatty.law.cornell.edu/topics/contracts.html

University of Wisconsin Food Service Contract Language pdf

Public Contract Law
http://www.abanet.org/contract/

Resource Management Through Contracts:
http://www.epa.gov/wastewise/wrr/rm.htm

Wisconsin Food Service Contract Language  pdf

Legal Information Institute
USC Refuse Specifications pdf