New Generation Recycling Center : Elcimaï Environnement Implements an Innovative Legal Solution

The Pays Bellegardien Community of Municipalities (CCPB) has commissioned GIRUS GE to assist it in selecting and implementing a procedure for the design, construction, and management of a “next-generation” waste collection center. The subsidiary of the ELCIMAÏ Group recommended an innovative legal solution through a comprehensive performance-based public contract.

Since the number and distribution of recycling centers within its territory no longer met user needs, the Communauté de Communes du Pays Bellegardien (CCPB) sought to establish a “next-generation” recycling center.

It called upon GIRUS GE, a subsidiary of the ELCIMAÏ Group specializing in ecological transition and the circular economy, to develop the project’s legal framework, define the consultation procedure, plan the implementation of the process (from its launch to the start of contract execution), and finally determine the scope and content of the contract.

GIRUS GE recommended a legal structure that would allow a single contractor to be awarded a contract covering the design, construction, and operation of the waste collection center, through a comprehensive public performance contract.

Although complex, this solution has the advantage of including measurable performance commitments, meaning that the contractor commits to specific performance levels as early as the bidding stage. Their compensation is tied to meeting these commitments (with a profit-sharing component), and the contract provides for penalties in the event of failure to meet performance targets.

This original and innovative legal structure was adopted by the Communauté de Communes du Pays Bellegardien. Veolia won the contract by proposing a “flat” waste collection center, a new recycling concept.