P1228 - Highways and Infrastructure Works Framework Agreement

The framework is open to local public sector bodies based in the East and West Midlands (but not limited to) to utilise if they wish. The following list is provided as a high-level overview:

• Local Authorities and/or Councils.
• Unitary Authorities
• District (or Borough/City) Councils
• Housing Associations
• NHS Bodies

Birmingham City Council (or any of its subsidiaries), Solihull Council, Coventry City Council, Dudley Council, Sandwell Council, Solihull Council, Walsall Council, Wolverhampton Council, Derbyshire County Council, Leicestershire County Council, Lincolnshire County Council, Northamptonshire County Council, Nottinghamshire County Council. Derby City Council, Leicester City Council, Nottingham City Council, Rutland County Council. Broxtowe Borough Council, High Peak Borough Council, Chesterfield Borough Council, Lincoln City Council, Northamptonshire Council. Warwick Council.

West Midlands Combined Authority.

Midland Heart Housing Association, Orbit Housing Association

1. This Open Framework Invitation to tender is for Highways and Infrastructure Works Framework Agreement.
2. The framework agreement will cover all works required to deliver highway and infrastructure projects for the Council including (but not limited to) the following:

: Buildability Advice – provision of construction advice during the development of the project for a supplier to act as a critical friend to the Council to challenge the feasibility and practicality of the proposals. The objective is to improve the quality of the tender specifications that are issued. To ensure there is no conflict of interest, the buildability advisor will not have expressed an interest in the construction of the project.

: Construct Only – delivery of works which have been designed by others.

: Design and Construct – where the contractor has responsibility for the design of some or all of a project as well as delivery of the works.

: Early Contractor Involvement – jointly, with the Council, designing and planning infrastructure projects in a cost effective and less adversarial structure.

: Utility Diversion and Protection Works – delivery of contestable and non-contestable works in connection with capital improvements.

3. The Framework period is anticipated shall be 1st May 2026 to 30th April 2034.
4. NEC4 Contract terms and conditions will be used.
5. Suppliers need to ensure that they are registered with their details on the Central Digital Platform.
6. The estimated value of this Open Framework is £980,000,000 excluding VAT. (Note: £640,000,000 of this is for Birmingham City Council).
7. The Framework will be open to other local public bodies based in the East and West Midlands to use if they so wish.
8. Opening and operation of the Framework:

The Authority intends to re-open the Framework at the following points:

• Once during the period of 3 years from award of the first Framework under this scheme, and
• Within a period of 2 years beginning on the award of the second Framework scheme.

9.1 The Council reserves the right to adjust the indicative reopening schedule in response to operational requirements. Any changes will be communicated with sufficient notice via Find a Tender Service and to existing suppliers.

9.2 The final Framework will expire at the end of the period of 8 years beginning with the Framework Commencement Date.

9.3 There will be a limit to the number of Suppliers on each lot that can be party to each of the Frameworks in the scheme.

9.4 There are 5 Lots on this framework.

9.5 Whenever the Framework is re-opened, the award of that new Framework will effectively close the existing agreement and create a new Framework. Any processes for the award of a Call-Off contract under the expired Framework that have already commenced can continue following the expiry of that Framework.

9.6 At the point of re-opening the Framework, supplier be notified of the re-opening by publication on Find a Tender Service. Existing framework suppliers may also be directly contacted and invited to apply to join the new Framework.

9.7 During the re-opening, suppliers who are party to the Framework in existence immediately prior to the next Framework to be awarded (Existing Suppliers) will be required to confirm whether they wish to be considered to join the new Framework in the scheme of frameworks, and, if they do specify whether they wish to be considered by reference to either:

9.7.1 A tender relating to an earlier award under the scheme. If an Existing Supplier chooses this option the earlier tender will be re-assessed. There is no guarantee of re-appointment to the Framework; or

9.7.2 A new tender submitted in relation to the current award. If an Existing Supplier chooses this option the new tender will be assessed. There is no guarantee of re-appointment to the Framework.

9.8 Existing Suppliers can choose not to join the new Framework.

9.9 All suppliers, whether new or existing, will be subject to the same exclusion checks and compliance requirement, and all Existing Suppliers will be re-assessed against mandatory and discretionary exclusion grounds at each re-opening.

9.10 Full instructions will be provided at the point of re-opening the Framework.

10. Selection process for award of contracts:

The Framework Suppliers will be selected based on the assessment using the criteria set out in the Invitation to Tender. For this framework, the following ranges will be used

Quality 50%

Social Value 10% (and element of the social value is pass/fail).

Price 40%

11. Selection criteria for Further Competitions:

Assessment criteria for Further Competitions for call-off contracts will be set by the Contracting Authority, with the criteria weightings set out in the tender documents. The Contracting Authority user will be able to decide what percentage of marks it wants to allocate to each of the assessment criteria, within the maximum and minimum amounts set out:

The documents will include details of how the opportunity will be evaluated. This differs based on the lot and call-off contract value.

Award method when using the framework (call-offs)

Under the framework, the Client can choose whether to use the Direct Award rather than Further Competition is so desired on lot 1 only where:

Projects with a value of less than £50,000

Direct Award - the work will be offered to the first ranked company in terms of price. If this company does not have capacity or declines the opportunity, the work will be passed to the second highest ranked company and so forth.

Projects with a value of £50,000 - £200,000

Projects with more than 60% of standard items against works value

Direct Award - the work will be offered to the first ranked company in terms of price. If this company does not have capacity or declines the opportunity, the work will be passed to the second highest ranked company and so forth