MSF2 Framework Information LOT 2

MIDLANDS HIGHWAYALLIANCE

MEDIUM SCHEMES FRAMEWORK 2

(MSF2)

FRAMEWORK INFORMATION

MIDLANDS HIGHWAYALLIANCE

MEDIUM SCHEMES FRAMEWORK 2

VOLUME2: FRAMEWORK INFORMATIONLOT 2

List of Contents

VOLUME 2

MIDLANDS HIGHWAYALLIANCE

MEDIUM SCHEMES FRAMEWORK 2

VOLUME2: FRAMEWORK INFORMATIONLOT 2

1INTRODUCTION

1.1In the Framework Information references to the Employer are to be read as meaning the person (whether the Employer or another MHA Member) wishing to place a Package Order unless it is specifically stated otherwise.

1.2Leicestershire County Council is the procuring authority for the Midlands Highway Alliance Medium Schemes Framework 2 (MSF2) Lot 2 acting on behalf of the Midlands Highway Alliance (MHA). The MHA is an alliance of 18 local authority members based in and around the Midlands. The member organisations of the MHA and its respective boards and working groups are supported by an MHA Manager, a post funded by all member organisations of the MHA.

1.3For the sake of clarity, the existing local authority members are: Leicestershire County Council; Derby City Council; Derbyshire County Council; Doncaster Metropolitan Borough Council; Leicester City Council; Lincolnshire County Council; Milton Keynes Council; Northamptonshire County Council; Nottingham City Council; Nottinghamshire County Council; Peterborough City Council; Rotherham Metropolitan Borough Council; Rutland County Council; South Derbyshire District Council; Staffordshire County Council;Stoke-on-Trent City Council, Telford and Wrekin Council and Wolverhampton City Council.

1.4In this document, any reference to the Contractor also includes the Supplierwhere appropriate.

2SCOPE

2.1The scope of the Medium Schemes Framework 2 (MSF2) Lot 2 is for the execution of highway, civil and municipal engineering works. Typical schemes may involve, but not exclusively be, highway improvements, highway maintenance, highway infrastructure works (including bridges, subways, culverts and retaining walls), public realm works (town centre enhancements), drainage improvements, canal works and other infrastructure works such as waste management facilities.

2.2Such schemes will be undertaken within the administrative boundaries of the existing MHA members (on behalf of the local authorities concerned or any other publicly-funded body working in conjunction with the MHA members) or other such bodies located within or adjacent to the geographical Midlands area that become members of the MHA during the currency of this Agreement.

2.3Lot2 of the Medium Schemes Framework 2 (MSF2) includes individual work packages between £5m and £25m in value. The initial estimate from the commissioning authority will be used to determine whether any scheme shall be assigned as a Lot 1 scheme or a Lot 2 scheme (where Lot1 applies to individual work packages between £0and £5m in value).

3THE AIMS AND OBJECTIVES OF THE FRAMEWORKAGREEMENT

3.1Strategic aims of the Midlands Highway Alliance (MHA):

The aim of the MHA (and its member organisations’ motivation) is to continue to achieve high quality highways, public realm and infrastructure schemes at lower cost for member organisations by combining and sharing resources. This will be achieved through the use of agreed best practice procurement and project management principles including:

• Long-term framework agreements, providing responsive procurement options;
• Open book accounting throughout the supply chain;
• Target pricing;
• Incentivisation;

• Performance measurement, benchmarking and continuous improvement;

• Risk sharing.

3.2Strategic objectives of the MHA:

The MHA is also a vehicle for the sharing of learning and resources pertaining to other areas where common best-practice approaches can be developed, such as employer training and craft-skills training. Furthermore, it is intended that the benefits from combining purchasing power should extend beyond financial matters to other key areas where common strategic objectives exist. Those common strategic objectives that will benefit from the initiative are chiefly:

• Sustainable communities
• Apprenticeships schemes and the National Skills Academy
• Localism, including localsmall and medium enterprises (SME) involvement and employment
• Environmental sensitivity
• Equal opportunities and respect for other communities.

3.3Guiding principles for operation of the Medium Schemes Framework 2 (MSF2)Lot 2:

Key principlesof the framework are:

• all parties shall act in a spirit of openness and trust;
• all parties will act to secure best value for money and continuous improvement;
• knowledge will be shared between all parties;
• objectives are shared with long-term commitment from all parties by establishing an effective joint management and decision-making structure;
• joint working and transparency between partners and their suppliers;
• trading opportunities are developed and funding stream opportunities are maximised;
• investment in mutual staff training and development programmes;
• achievement againstperformance indicators;

• innovate and implement change quickly and effectively; and,
• all parties shall so far as possible, avoid conflicts or disagreements and, should they arise, will resolve them promptly together.

3.4Managing relationships in MSF2:

Following the success of the Medium Schemes Framework 1 (MSF1),the MHA recognises that a partnership culture at both an operational and strategic level offers significant benefits for all parties, particularly in a long-term contractual relationship. It will, therefore, strive to develop collaborative relationships with its partner Contractorsunder the MSF2 which are:

• friendly but business-like;
• proactive rather than reactive;
• interdependent;
• flexible, where all parties are prepared to change;
• respectful of differences;
• fair, open and honest;and
• risk is appropriately proportioned.

4FRAMEWORK AGREEMENT GOVERNANCE

4.1The Framework Board

4.1.1The Framework Board comprises selected representatives of the Employer(here meaning only Leicestershire County Council)and the other organisations that are members of the MHA. The Framework Board will receive advice and support from other MHA member organisations’ representativesas requested by the Framework Board. The Framework Board’s role is to ensure the correct operation and fair interpretation of the works and services delivered via Package Orders throughout the term of the Framework Agreement and across all Contractors and MHA member organisations. It will achieve this by:

• Approving the award of each Package Order to an appropriate Contractor;
• Monitoring the value of Package Orders carried out by each Contractor;
• Taking into account the actual performance of each Contractor in awarding any subsequent Package Orders to that Contractor;
• Approving such changes to the MHA Performance Toolkit (as set out in Section 14 below) as are considered appropriate to encourage and deliver the Framework Agreement objectives and
• Considering whether to extend the end date or terminate the Framework Agreement.

4.2The Framework Community Board(FCB)

4.2.1There shall be separate Framework Community Boards for Lot 1 and Lot 2, with one annual meeting for the whole Framework Community and separate FCBs throughout the year aligned with the performance framework cycle.

4.2.2The FCB reports via the MHA Manager to the Framework Board and primarily comprises a representative from each Contractor, the MHA Manager and representatives from member organisations of the MHA.Representatives of the Subcontractors and general supply chain may intermittently (or perhaps continuously) also be members of the FCB.

4.2.3The FCB’s objective is to achieve a team-focused community aimed at producing and supporting a continuous programme of work resulting in a sustainable performance standard which produces a benchmark for the industry and that all parties to the Framework Agreement can be proud of. In addition to this, the FCB is tasked with promoting the Framework Agreement and developing a complete understanding of each FCBmember’s requirements and challenges regarding, but not limited to, the MHA Performance Toolkit, design/planning, resources, training, welfare,commercial disputes and clarifications, health and safety, risk management and sustainability.

4.2.4The FCB is to act impartially and with a stakeholder-focused approach. To ensure a collaborative procedure is maintained, the members of the FCB are all able and responsible for contributing to, and influencing, the Framework Agreement’s performance. The FCB shall refer to the Framework Board any matter that it considers appropriate in respect of amendments to the MHA Performance Toolkit or any other element of the Framework Agreement, originating from the Best Practice Working Groups or otherwise.

4.2.5With the expected volume of information under review, and to ensure that the stakeholder’sviews and requirements are addressed, the FCB acts to co-ordinate and manage the Best Practice Working Group process.

4.2.6Best Practice Working Groups, attended by those invited by the FCB, will be established to ensure issues are addressed and performance is analysed on a regular basis. These Groups mayfocus on:

• Commercial;
• Innovation, efficiency and improvement;
• Best practice and value engineering;
• Health and safety;
• NationalSkillsAcademy for Construction;
• Quality Plans;
• Sustainability.

5FRAMEWORK AGREEMENT EXTENSION

5.1The decision to extend the end date beyond the initial three years will be taken in the first six months of year 3.

5.2The end date will only be extended for a period of one year.

5.3The criteria for extending the end date will include:-

• The limit for the amount of work set in the OJEU notice has not been exceeded;
• All Contractors have achieved a satisfactory performance standard over the first two years against the MSF2 Performance Management Toolkit;
• All Contractors have passed a further financial check consistent with the checks carried out at the Pre-Qualification stage of the procurement process;
• MSF2 is still meeting the MHA’s member organisations’ requirements and procurement strategy.

6PROCUREMENT AND COLLABORATIVE WORKING

6.1A PackageOrderwill be allocated to a Contractor commensurate with the selection procedure identified in Section 7.

6.2The form of contract will be the NEC3 Framework Contract (April 2013). Package Orders will be issued using one of the following two options:-

• the NEC Engineering and Construction Short Contract or
• the NEC3 ECC Option C

whichever is stipulated in the Package Order.

6.3Package Orders arising from the Framework Agreement will adopt the key partnering principles, as identified in Section 3. The MHA will provide support to its member organisations, Contractors and suppliers in the implementation of collaborative working principles.

6.4Risk management will be an integral part of the individual Package Orders.

6.5Once the Package Order is under way, open book accounting procedures will be used to audit costs. A single ‘open book,’ that contains auditable facts, will be maintained for the Package Order in question. The level of access will be agreed with the Contractors but it is envisaged that the ‘open book’ will include: direct costs; labour hours and rates; material costs and associated factors relevant to the work. Those involved in overseeing delivery of Package Orders or managing the MHA in general (hereinafter referred to as the “Framework Team”) must be able to interrogatethese auditable costs so that a collaborative approach can be made to reducing any waste and inefficiency thus minimising costs.

6.6Sharing risk and reward underpin the whole process of collaboration for mutual benefit and will be defined with each supplier. The MHA recognises that passing all risk to a Contractor often does not lead to the lowest price for the Package Order. Where beneficial, suppliers will also share financial benefits and risks with the MHA.

6.7It is envisaged that the success of each Package Order will start in the planning process and Early Contractor Involvement (ECI) will be an important component. The objective for the Framework Team is to be satisfied that, once Package Order delivery begins, there will be no surprises and that the Package Order can be delivered in the most effective way possible.

6.8The supply chain are those key suppliers, Subcontractors, and professional advisors who will play an important part in enabling the Contractors to deliver the objectives of the Framework Agreement. The management of this supply chain is therefore a critical part of a strategy to reduce costs and improve quality. It is especially important that the supply chain:

• are committed to reducing costs
• never jeopardise or compromise quality
• ensure that frequently used items are always available
• make a fair and predictable profit

6.9The Contractor is expected to identify and form long-term relationships with those key suppliers in their supply chain. Underpinning this requirement is the belief that long-term relationships with these key supplypartners can improve the overall service through:

• The gradual establishment of better and more collaborative ways of working together
• Early – and constant – involvement in the planning of the Work Package
• Optimal selection and specification of equipment and materials
• Ensuring that the supply chain is fully involved in the development of cost calculations and the associated management of risk

6.10The major benefit of collaborative working is the gradual establishment of better ways of working. Continuous improvement will focus on achieving more effective ways of delivering the key objectives of reducing cost, increasing quality and improving end user satisfaction. Contractors,their Subcontractors (including their partners) and their key suppliers must have the capability to develop mechanisms to achieve continuous improvement. Early in the life of the Framework Agreement, the present levels of performance, together with the approaches to managing costs collaboratively, will be established.

7SELECTION PROCEDURE

7.1General

7.1.1The Employer is obliged under the EU Procurement Directives and UK Public Contract Regulations 2006 (Regulation 19) to award a PackageOrder in response to the most economically advantageous offer.

7.1.2The identification of the most economically advantageous offer will essentially link directly to an appropriate blend of the quality criteria used during tender evaluation for the award of the Framework Agreement with an equally appropriate mechanism for determining price.

7.1.3The identification of which Contractor would provide the most economically advantageous offer in the delivery of a Work Package will essentially retain the same overall 50:50 quality:price ratio deployed in the tender evaluation for the award of the Framework Agreement.

7.1.4The only exception to retaining this ratio shall be if the “Standing Orders”, “Financial Regulations” and “Contract Procedure Rules” (as formally adopted by an MHA member organisation) specifically require a different ratio for the identification of the most economically advantageous offer.

7.2Quality

7.2.1The quality criteria used during the tender evaluation for the award of the Framework Agreement are:

• Q1 - product;
• Q2 - service;
• Q3 - right first time;

• Q4 - cost management;
• Q5 - time;
• Q6 - safety;
• Q7 - learning and development;
• Q8 - community;
• Q9 - traffic management; and
• Q10 – innovation and value for money (VFM)

7.2.2The Employer will ensure that assessment of quality is undertaken againstall or any number of the ten quality criteria. However, the proportions between these criteriamay vary with each Work Package to suit the desired “outcomes”. Furthermore, the Employer may consider that not all of the quality criteria have relevance to the Work Package.

7.2.3For example, a Work Package that entails considerable work on or adjacent to a dual carriageway will have greater “safety” needs for the general public compared with a Work Package that is predominantly distant from passing vehicular traffic. For that Work Package, the Employer may conclude that the 50% quality element shall be derived from quality criteria Q1, Q5, Q6, Q7 and Q9 with 5%, 10%, 15%, 5% and 15% respective allocations.

7.3Price

7.3.1The 50% price element of the 50:50 quality:price ratio at the tender evaluation for award of the Framework Agreementis directly linked to the Model Projects. These Model Projects are described in Volume 6.

7.3.2The Employer will ensure that an assessment of price is undertaken usingany or all components of the Model Projects. However, one Work Package will vary from the next in terms of its composition to the extent that none, some or all of the Model Projects may have varying degrees of representation of the Work Package.

7.3.3For example, a Work Package may be such that Model Projects X, Y and Z are considered to reasonably reflect the works required. However, for that Work Package, the Employer may conclude that the 50% price element shall be derived from X, Y and Z with 10%, 15% and 25% respective allocations.

7.4Selection Procedure Options

7.4.1The Employer may award Package Orders using one of the following Options:-

• Option 1: Direct Call-off (short process): Selection based on quality criteria weighted to suit the Work Package, withprice based on tendered Prices for a very similar Model Project;
• Option 2: Direct Call-off (long process): Selection based on quality criteria weighted to suit the Work Package, with price derived from a number of tendered Model Projectsweighted to suit the Work Package;
• Option 3: Mini-Competition: Selection based on Mini-Competition (i.e. work is not sufficiently similar to Model Projects or by Employer’s choice).

7.4.2The quality criteria scores attained by the Contractors at the tender evaluation for award of the Framework Agreement will be collectively used andcontinuously updated according to each Contractor’sactual performance in the delivery of Work Packages. Such performance will result in the scores for each of the quality criteria for the respective Contractor increasing, decreasing or staying the same.

7.4.3Prior to the award of the first Package Order under the contract, the Employer will determine an average quality score for each of the 10 quality criteria, based upon the quality scores of the successful tenderersat tender stage. All contractors shall start with these 10 average quality scores but, as the contract progresses, each quality score for each of the successful tenderers will vary, depending upon performance under the contract. The respective actual performance of each successful tenderer will therefore have a direct bearing on the ability to secure future Work Packages, rather than being based on a theoretical score solely derived from tender analysis and comparison.