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Highways Agency Model Consultancy Contract

Framework Information Framework Contract

Highways Agency Consultancy Contract Framework Information DRAFT


April 2010
This contract is provided for the appointment of a Consultant for a Framework contract. Separate models are provided for a specific project, or activity and Term contracts.

Issue 1 revision 0 DRAFT 18/11/09

April 2010

Highways Agency Model Consultancy Contract

Framework Information Framework Contract

Highways Agency Consultancy Contract Framework Information Contents amendment sheet

Amend. No. 0

Issue Date April 2010

Amendments Issue 1 revision 0 draft

Initials

Date

Issue 1 revision 0 DRAFT 18/11/09

April 2010

Highways Agency Model Consultancy Contract

Framework Information Framework Contract

Highways Agency Consultancy Contract Framework Information [Include other information as required to define the operation of the framework] 1 1.1 1.2 Introduction and background The Project Sponsor for this contract is [.]. The Framework Board is responsible for ensuring that best value is obtained and demonstrated from operating the Framework Contract. The members of the Framework Board are [.]. Collaboration The Supplier co-operates with other suppliers appointed to the framework in obtaining and providing information which they need in connection with work under this framework. The Agency requires framework suppliers to share best practice across the framework; this may take place during formal meetings facilitated by the Agency or regular documented communication between suppliers. Partnering Information [If Option X12 is used, set out Partnering Information] 4 Key Performance Indicators [Set out KPIs to be used; include incentive schedule if Option X20 is used] 5 5.1 Issue of Orders for work Orders under the contract will be placed by means of a Package Order or a Time Charge Order. A Time Charge Order will only be issued where the Supplier is requested to carry out work to assist the Project Sponsor in developing the additional Scope required for a Work Package. The selection of a Supplier for a Work Package will be made by the Framework Board following the procedure shown in the flow chart at Annex 2. Selection procedure [Set out the method of selection of Consultant for a Work Package; amend the procedure set out below as appropriate] 6.1 Initially, the Framework Board will manage a phased introduction of work allocated to the Framework Contract.

2 2.1

2.2

5.2

5.3

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Highways Agency Model Consultancy Contract

Framework Information Framework Contract

6.2

Where a secondary competition is to be used to assess which Supplier will offer the best value for a particular Work Package, all Suppliers are invited to make submissions for the work. The submissions are assessed and the Supplier is selected following the procedure set out for secondary competitions. If a secondary competition is not used, the Supplier will be selected following an assessment of each Suppliers performance, capacity and capability. These are assessed as follows. Performance: the average of the KPI scores on each Work Package, taken as the final score for completed Packages or the most recent score for Packages in progress. Capacity: resources required to complete the work package will be assessed against the overall capacity of the Supplier. This will reflect resources already deployed on other Work Packages within the framework and on other contracts and frameworks with the HA and other Employers. Confidence will be needed to ensure that adequate resource levels can be maintained throughout the course of the Work package. Capability: Specific resources identified as being critical to the completion of the Work Package will need to be available when required. This will reflect resources already deployed on other Work Packages within the framework and on other contracts and frameworks with the HA and other Employers. Confidence will be needed to ensure that the required resources are available when required throughout the course of the Work package. Each Suppliers score is the average of the three scores. The Supplier with the highest score is selected for the Work Package, subject to satisfactory completion of the quotation procedure.

6.3

Quotation procedure (without secondary competition) [Amend procedure set out below as necessary]

7.1

If selected for a Work Package, the Employer issues a brief to the Supplier for the proposed Work Package. The brief includes: A description of the service required. The additional Contract Data for the proposed Work Package in the form set out in Annex 1 The information to be provided to the Consultant by the Employer. Contact details.

7.2

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Highways Agency Model Consultancy Contract

Framework Information Framework Contract

7.3

The timescale in which the work is to be carried out. Deliverables. The Supplier responds within 2 weeks by completing the information and submitting the documents requested. The Suppliers proposal is to include the following information: the additional Contract Data part 2 for the Work Package, the lump sum prices for each activity on the activity schedule for the Work Package if Option A or C is used the Suppliers forecast of the total Time Charge and expenses for the work included in the Work Package if Options C or E is used personnel to manage and undertake the work including any specialists not named in the tender and the proposed programme for the Work Package.

7.4

The proposal may be subject to discussion to clarify the extent and scope of the work, proposed timescales or other matters. If the proposal is accepted, the Procurement Officer will issue a Package Order to the Supplier to undertake the work in the Work Package. Secondary competition [Amend procedure set out below as necessary]

7.5

8.1

The Framework Board decides whether a secondary competition is to be held for any proposed Work Package. A secondary competition is held when shown in Annex A or when the Framework Board decides that a Supplier cannot otherwise be selected due to a lack of information. The secondary competition follows the procedure set out in this section. The Employer invites all framework Suppliers to participate in a secondary competition for the proposed Work Package and provides a brief for the work. The brief includes: A description of the service required. The additional Contract Data for the proposed Work Package in the form set out in Annex 1 The additional Scope for the proposed Work Package The timescale in which the work is to be carried out.

8.2 8.3

8.4

Issue 1 revision 0 DRAFT 18/11/09

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Highways Agency Model Consultancy Contract

Framework Information Framework Contract

8.5

Deliverables.

A Supplier either advises they do not wish to participate or responds within 4 weeks by completing the information and submitting the documents requested. The Suppliers proposal is to include the following information: the additional Contract Data part 2 for the Work Package, the lump sum prices for each activity on the activity schedule for the Work Package if Option A or C is used the Suppliers forecast of the total Time Charge and expenses for the work included in the Work Package if Options C or E is used a statement demonstrating the Suppliers capability and capacity to undertake the work, and a list of personnel to manage and undertake the work including any specialists not named in the tender and a methodology statement for the proposed Work Package, including a programme for the work and details of the resources proposed.

8.6

A quality panel assesses the methodology and programme, and the statement of capability and capacity. A finance panel reviews the prices and cost forecast (if provided). The panels will work independently and will not have access to each other's assessments until the sustainability stage The quality and finance panels may seek clarification during the marking process to remove any uncertainty over the meaning of a tender. The quality panel awards marks for the methodology and programme using the marking system given in Annex 3. They take into account the statement of the personnel proposed for the Work Package. The marks will be normalised to a mark out of 100. The quality panel assesses the score for capability and capacity in the same way as for Supplier selection detailed above. They combine the scores for capability, capacity and the KPI scores on other framework Work Packages by averaging each mark and normalising to a mark out of 100. A submission which fails to reach a threshold of [5] for the methodology, capability, capacity or KPI score will not be considered further. The normalised mark for the methodology and programme will be combined with the normalised mark for capability, capacity and KPI in the ratio of [60:40] respectively. The combined mark will be expressed to one decimal place The Supplier with the highest total mark in each lot will be given a score of 100. The score of other Suppliers will be calculated by deducting from 100 one point for each full percentage point by which their mark is below the highest mark. 6
April 2010

8.7

8.8

8.9

8.10

8.11

8.12

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Highways Agency Model Consultancy Contract

Framework Information Framework Contract

8.13

The lowest priced submitted will be given a score of 100. The score of other submissions will be calculated by deducting from 100 one point for each full percentage point by which their price is above the lowest price. The quality score and the financial score for each lot will be combined in the ratio [70:30] applied to the methodology and finance scores respectively. The total will be expressed to one decimal place. The quality and finance panel will jointly review the material submitted by the highest scoring Supplier to verify the compatibility of the material in the quality and financial submissions. The panels may seek further clarification to enable them to understand the submission better. Failure to provide satisfactory evidence to support any part of this aspect of the tender may result in the submission being rejected and the next highest scoring Supplier being considered. If a submission is accepted, the Procurement Officer will issue a Package Order to the Supplier to undertake the work in the Work Package.

8.14

8.15

8.16

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April 2010

Highways Agency Model Consultancy Contract

Framework Information Framework Contract

Annex 1 - Additional Contract Data For Work Package Part one Data provided by the Employer 1 General The services in the Package Order are [] The additional Scope is in [] The following additional matters will be included in the Risk Register [] 2 The Parties' main The Employer provides access to the following persons, places responsibilities and things access to
[.]

access date
[.]

3 Time The completion date for the services in the Package Order is [] 5 Payment The additional expenses stated by the Employer are

item

amount

Part two Data provided by the Supplier 1 General The following additional matters will be included in the Risk Register [] 2 The Parties' main The additional key people are the people listed in [] responsibilities 3 Time The programme for the Package Order identified in the Contract Data is [] 5 Payment The additional expenses stated by the Supplier are item amount

The activity schedule for the Package Order is [] The total of the Prices for the Package Order is []

Issue 1 revision 0 DRAFT 18/11/09

April 2010

Highways Agency Model Consultancy Contract

Framework Information Framework Contract

Annex 1 selection of Supplier for Work Package [Amend following chart as necessary]
START

Identify proposed Work Package

NO

Is work defined sufficiently to price?

YES

Identify alternative package for initial work

YES

Is value > 20,000? NO Score performance. capacity and capability, identify highest score Score performance . capacity and capability, identify highest score

NO

Is value > 75,000? YES

Hold minicompetition

Get cost estimate from highest scoring supplier

Get methodology and quotation from selected supplier

Score performance. Capacity, capability,and methodology

Review & revise estimate with supplier

NO

Is cost estimate acceptable? YES

Combine scores, identify highest score

Is quotation acceptable? YES

NO

Identify alternative Work Package of remove package from framework

Get quotation from NO next highest scoring supplier

Are methodology and quotation acceptable? YES

Award Order on Cost reimbursable Option E

Award Order if value : < 25,000 - Option E 25 50,000 Option A > 50,000 Option C

Award Order on target cost Option C

FINISH

Issue 1 revision 0 DRAFT 18/11/09

April 2010

Highways Agency Model Consultancy Contract

Framework Information Framework Contract

Annex 3

Marking methodology statements

[Amend as necessary] How well do the proposals demonstrate an understanding of the work and meet the Work Package requirements Mark

Weak

The approach fails to demonstrate an adequate understanding of the Package objectives and fails to evidence 1-4 project management skills required and address adequately the main project risks.

The approach demonstrates an adequate understanding of the Package objectives and describes how the work would be Acceptable 5-7 delivered to an acceptable standard with an experienced and capable team. The approach demonstrates a good understanding of the Package objectives and the team have the capability and expertise to undertake the work. It details fully how the contract would be project managed and how delivery 8-9 objectives would be met to high standard of quality. Risks have been identified and mitigating actions presented. Illustration is provided showing how continual improvement would be delivered over the life of the project. The approach has been tailored specifically to suit the Package objectives. Evidence provided of how best practice would be shared across the planning community advising the Highways Agency. Details cost effective and innovative 10 techniques whilst delivering a high standard of quality and is likely to maximise performance against the performance management toolkit.

Good

Excellent

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April 2010

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