Construction Works and Associated Services Framework Agreement

RM6088

Additional Client Guidance Notes and Ordering Procedure

(Version 1 – 18.02.20)

Contents:

1. Introduction

1.1. Introduction1.2. What is the Construction Works and Associated Services FAC-1?1.3. Who can access the Framework?1.4. Framework duration1.5. Benefits and features1.6. Framework Alliance Contract Client contact details

2. Scope

2.1. Lot structure2.2. Scope of Service2.3. Pricing methodology2.4. Basis of Framework rates

3. How to use the Framework Alliance Contract

3.1. Accessing this Framework Alliance Contract3.2. Registration with CCS as an Additional Client3.3. Additional Client User Agreement (ACUA) and Additional Client Reference

Number3.4. Service requirements – Lot(s) selection3.5. Choosing your contract agreement – About the contracts3.6. Award procedure 3.7. Tender & evaluation phase3.8. Multiple or cross Lot requirements3.9. Failure to secure bids

3.10. Contract award 3.11. The Supplier Alliance Member’s Obligations3.12. Responsibility for awards3.13. CCS Support to placing a Project Contract via a Competitive Award

Procedure 3.14. Additional Client Satisfaction

4. Charging Arrangements

4.1. Rate Reviews4.2. Agreed prices4.3. Payment Profiles4.4. Audit

5. Insurance and Liabilities 5.1 Insurances and Liabilities

6. Success Measures Targets and Incentives7. Key performance indicators8. Attachment 1: Suppliers and Lot Listing9. Additional Client User Agreement

Glossary of Terms

Supplier Alliance Member: Supplier The Client: Crown Commercial Service Additional Client: Contracting Authority “Customer” – Any public sector organisation,

including Central Government Departments or their Arm’s Length Bodies (ALB’s) or wider public sector organisation (see OJEU advert for definitions).

CCS Construction Works and Associated Services Framework Alliance Contract: The overarching Framework Agreement by which our additional clients can access construction works and associated services, to be read alongside:

Framework Alliance Contract (FAC-1): The standard Framework Alliance Contract FAC-1, published by the Association of Consulting Architects

Framework Alliance: Collaborative working group between The Client, The Supplier Alliance Member and the Additional Client

Competitive Award Procedure: Process to undertake a Further Competition through one or more framework lots

Direct Award Procedure: Process to follow if you wish to direct award to a chosen supplier alliance member

1. Introduction to Construction Works & Associated Services Framework

1.1 Introduction

Crown Commercial Service (CCS) have developed this guidance to assist Additional Clients through their procurement lifecycle for obtaining Construction Works and Associated Services under the Framework Alliance Contract (FAC-1).

This Framework Alliance Contract for Construction Works & Associated Services supports central government and wider public sector users to undertake building and civil engineering works; refurbish and repair existing built assets and to undertake demolition and decommissioning of redundant buildings and assets.

The framework allows quick access to appropriately qualified suppliers to procure these Works and Services, in full compliance with the Public Contracts Regulations 2015. It also provides an alliance structure to support customers and suppliers in continuously improving and addresses the key industry objectives outlined in Construction 2025, the Government Construction Strategy 2016-2020, the Common Minimum Standards for Construction and the Industrial Strategy (Construction Sector Deal).

The Construction Works and Associated Services (CWAS) framework is one element of four sub-categories that form an overarching CCS strategy for Construction, the others being:

Project Management and Full Design Team Services Framework (RM3741) Modular Buildings / Off-site Construction (RM6014) Construction Products, Consumables & Materials (RM3837).

1.2. What is the Construction Works and Associated Services Framework Alliance Contract (FAC-1)?

The CWAS Framework Alliance Contract is an innovative approach that combines the scope of a framework with the collaborative relationships of an alliance to create new systems for achieving greater value. The Framework Alliance Contract allows for a multi-party structure of Alliance Members and any combination of selected clients, consultants, contractors or suppliers to co-operate on a project or programme of work.

The basis of the CWAS Framework Alliance Contract is the FAC-1 standard form of Framework Alliance Contract, published by the Association of Consulting Architects.

FAC-1 is a versatile standard form framework alliance contract which:

enables a client and its team to obtain better results from a framework.

helps to integrate a team into an alliance.

helps to obtain improved value through building information modelling (BIM).

works in conjunction with any project contract form in any sector and in any jurisdiction.

The CWAS Framework Alliance Contract therefore provides a clear basis for the provision of works and services at the most appropriate value and route to market, in compliance with procurement legislation and supporting Government’s construction strategy.

The framework supports:

“Traditional” client designed or Design & Build procurement routes

Single stage or 2 Stage Tendering (to put in place your chosen team quickly as required)

Access to all of the commonly used industry standard forms of contract, including NEC3, NEC4, JCT/ SBCC suite, PPC2000 and TAC-1.

BIM Level 2 (mandatory minimum standard requirement for all Central Government Additional Clients)

Whole Life Costing

Adoption of innovative processes including Modern Methods of Construction

Delivery of social value objectives relevant to specific Additional Client’s needs

Early Contractor involvement

Fair Payment provisions, including Project Bank Accounts

The framework alliancing provisions can be used to e.g.:

integrate professional services, construction works, materials supplies, and Facilities Management

manage programmes of work as a discrete and separate “sub-alliance” to achieve specific Additional Client objectives and outcomes

link one or more Additional Clients with a common supply chain to drive improved efficiency and value

1.3. Who can access the Framework?

● All UK Central Government Departments, executive agencies and non-departmental public bodies can purchase services using this framework.

● All UK departments under devolved administration across Wales, Scotland and Northern Ireland can purchase services using this framework

● This framework can also be used by other UK public sector organisations including (but not limited to):

● Local Government● Health Sector (NHS)● Nuclear● Public Corporations● Third Sector (Charities)● Fire & Rescue Services● Police Forces● Further and Higher Education● Education Sector

● Delivery Agencies on behalf of Public BodiesFor more information as to who can access this framework please refer to the Contract Notice ‘Authorised Customer List’:https://www.contractsfinder.service.gov.uk/Notice/Attachment/3d80ff38-752d-44f8-9f67-1cad763af67e

1.4. Framework duration

This Framework Alliance Contract is for a duration of seven years in total, expiring on 30 October 2026.

CWAS projects or programme of work must have a signed contract in place signed on or before the last day of framework expiry date.

1.5. Benefits and features

The Framework Alliance Contract provides the following benefits to Additional Clients:

● Charges: There are no charges to Additional Clients to access the Framework Alliance Contract

● Support: CCS are the Framework and Alliance Managers and will provide support to Additional Clients

● Fast: The Framework provides a streamlined, guided route to access a comprehensive pre-approved selection of suppliers. The lotting structure has been carefully selected to ensure an appropriate spread of general and specialist lots, organised in market appropriate value bandings and geographical areas.

● Flexibility: The framework allows for both Competitive and Direct Award procedures.

● Established Industry Call-Off Contract Terms: Additional Clients may use the most suitable contract documents for their project, including NEC3, NEC4, JCT/ SBCC, PPC and TAC-1 standard forms of contracts.

● Standard Boilerplate Amendments: standardised ‘boilerplate’ amendments are provided for Central Government procurement using NEC, JCT and PPC2000 contracts.

The boilerplates provide a suite of eighteen standard clauses to ensure consistent implementation of government policy and to reduce the need for unnecessary drafting, creating a more efficient standardised approach. The terms should be applied across government construction contracts, unless there is a compelling reason not to do so.

● Flexibility: The Framework has been designed to cater for a wide range of Additional Clients and procurement situations. The lot structures and ability to tailor Competitive Award Procedures will ensure this supports Additional

Client’s own delivery considerations such as accessing SME’s and flexible, local supply chains and/or achieving the Additional Client’s own social value priorities and/or balanced scorecard objectives.

● Verified supply chain: Supplier Alliance Members and their strategic suppliers have completed financial and technical compliance reviews.

● Key Performance Indicators (KPIs): The Framework Contract includes agreed “success measures”, against which suppliers’ performance will be measured at framework level.

● A set of template project level KPIs is available, which may be used to measure key behaviours impacting time, cost, quality and health & safety on individual contracts. These measures may be supplemented by project specific requirements (e.g. to include social value measures).

● Contract management: CCS will actively manage framework performance and fulfil the role of Alliance Manager on each Lot to ensure continuous service improvement.

● Additional Client User Group: CCS will establish and work with a dedicated Additional Client User Group throughout the life of the Framework to improve service delivery, share best practice, and incorporate new industry developments and regulatory requirements.

Value for Money

● Fixed Framework Rates: Maximum framework rates (prices) are fixed for the first two years of the Framework and may be reduced by suppliers at competitive award procedure.

● Savings: The delivery of savings is embedded into the pricing models through competitive rates, further competition routes and continuous improvement measures linked to alliancing activities.

● Management information: Additional Client’s will have access to management information data to track/capture their spend analytics based on region or projects which allows for greater in-depth analysis.

Social Value:

● Additional Clients can include social value requirements in Project Briefs, covering e.g.:

■ supporting diversity and inclusion■ improved competency and capacity in the supply chain■ tackling modern slavery in the supply chain

1.6. FAC Client Contact Details

Crown Commercial Service:

CCS Commercial Arrangement Managers: Ruth McCreith-CowleyCraig Garsed

Contact Number: 0345 410 2222E-mail: info@crowncommercial.gov.uk

2. Scope

2.1. Lot structure

The Construction Works and Services Framework Alliance Contract comprises of 12 Main lots, some of which contain regional sub-lots. These are detailed below with each box ticked representing an individual lot.

Framework StructureLot 1.1 Lot 1.2 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11

Building Works Civil Engineering Works General Construction Works

ResidentialWorks

High Rise Accommodation

WorksMaritime Airside

Demolition &Decommissioning

Construction Management

£0 - £3m Projects

£0 - £3m Projects

£3m - £10m Projects

£10m - £30m Projects

£30m - £80m Projects

£80m+ Projects

Any Value Range

Any Value Range

Any Value Range

Any Value Range

Any Value Range

Any Value Range

Region 5 x Regional Sub-lots

5 x Regional Sub-lots

5 x Regional Sub-lots

5 x Regional Sub-lots

3 x Regional Sub-lots National Lot 5 x Regional

Sub-lots5 x Regional

Sub-lots National Lot National Lot National Lot National lot

North England(NUTS C-G)

South England(NUTS H-K)

Wales(NUTS L)

Scotland(NUTS M)

Northern Ireland(NUTS N)

(Version 1 – 18.02.20)

2.2. Scope of Services

For information relating to construction works and services which can be procured under this framework, please refer to the Framework Specification and also supporting Annex B located on the CCS website (link), or alternatively you can view the OJEU notice listing all construction related Common Procurement Vocabulary (CPV) codes.

https://ted.europa.eu/udl?uri=TED:NOTICE:572191-2018:TEXT:EN:HTML&src=0

Additional Clients are advised that the framework specification is output based, and covers all construction project types. This is in order to provide as much scope for Supplier Alliance Members to work collaboratively to allow for innovation in their delivery solutions, as well as giving Additional Client(s) the flexibility to put in place their specific construction Project Contracts.

The CWAS Framework Alliance Contract scope of works and services are required to be further developed and defined for an Additional Client’s competition. Therefore, the scope is not an exhaustive list of works and services that can be obtained via RM6088, and does not necessarily name all specialisms or sub-services for a particular requirement.

If required services are not listed please liaise with the Commercial Arrangement Manager and Supplier Alliance Member(s) to determine works and services project delivery. If you are unsure or require confirmation please contact the CCS Commercial Arrangement Alliance Manager.

2.3. Pricing Methodology

Supplier Alliance members have tendered fees and prices in respect of Overhead & Profit, Contractor Staff, Design Staff and Site Labour costs. These rates are the maximum that may be applied to further competition or change management of Project Contracts.

Once Additional Clients have registered to join the Alliance, access will be available to these framework rates. Please email the Commercial Agreement Manager at info@crowncommercial.gov.uk for further details.

At Call Off, Additional Clients will provide a detailed specification of works in their Project Brief. This will allow the Supplier Alliance Member to provide a price for the full project requirements. The Supplier Alliance Member may reduce their framework rates when pricing Project Briefs during further competition.

2.4. Basis of Framework Rates

2.4.1. Overhead, Profit and Fee Additions

The definitions relevant to the application of the percentage additions are as follows:

o NEC3 direct fee percentage: see NEC3 ECC contract – identified term in Contract Data Part 2.

o NEC4 fee percentage: see NEC4 ECC contract – identified term in Contract Data Part 2.

o JCT / SBCC Constructing Excellence: Supplier’s Margin – see Constructing Excellence contracts: defined term in Section 1 – Definitions and Interpretations.

o JCT / SBCC Contracts other than Constructing Excellence: overhead and profit shall be as defined below *.

o PPC2000 Central Office Overheads – see PPC2000 contract: defined term in Appendix 1 – Definitions.

o PPC2000 Constructor’s Profit – see PPC2000 contract: defined term in Appendix 1 – Definitions.

o * “Overhead” includes activities relating to non-site based supervisory/management and administration activities of the service delivery. It includes, but is not limited to, the following:

a) Head office charges; support staff; non project specific insurance premiums; finance charges; taxation charges; advertising and recruitment costs; sureties and guarantees; property costs; external advisors; marketing; tendering activities.b) Framework delivery charges, including all other costs associated with managing the Framework and not covered elsewhere by the Bidder's direct cost of construction, Subcontractor Fee, Designer's Fee, Head Office Overhead or Profit. For the avoidance of doubt, it is deemed to include all costs associated with complying with the activities required by the Framework terms and conditions including, but not limited to, the provision of Management Information and full participation in alliancing activities.

o *“Profit” is the % margin the Bidder will achieve after accounting for all costs and expenses.

2.4.2. Rate Cards: Staff & Management, Design, Site LabourRates shall apply to all hours worked between the hours of 08:00 – 18:00 Monday to Friday and 08:00 – 13:00 Saturday.

Any additions required for work required to be carried out outside of these hours shall be agreed in advance with the Additional Client of each Project Contract, failing which these rates shall apply.Hourly rates are chargeable only for hours actually worked. Breaks and time spent on non-project work are not chargeable and any allowance for such items must be included within the rates.Rates must be all inclusive. Allowances for the following must be included:

o training, annual leave, sickness, general staff meetings and the like.o all costs in connection with travel and equipment.o taxes, levies, employee and employer pension contributions

and the like.o benefits provided, such as company car, fuel allowances, private health

insurance and the like.

Note: the above list is non-exhaustive and illustrative only. All costs must be included within the rates. No further additions will be permissible.

Refer to the appended "Qualifications & Experience Definitions" table for the required Qualifications and Experience of each role (link) .

3. How to use the Framework Alliance Contract

3.1. Accessing This Framework Alliance Contract

Access the Crown Commercial Service website at:

https://www.crowncommercial.gov.uk/agreements/RM6088

The CCS webpage will provide Additional Clients with an overview of services, benefits, how to use, savings and documents.

Click on the Documents tab to view the OJEU Notice, Guidance Notes, Guidance Tools, and Framework Alliance Contract Schedules.

3.2. Registration with CCS as an Additional Client

Additional Clients wishing to access the CWAS Framework Alliance Contract are required to register as an Additional Client with CCS. The Registration document can be downloaded from our website (link). There is no joining fee and no commitment or obligation to procure from the Framework Alliance Contract.

CCS will return an Additional Client Notice confirming registration and notify other lot Alliance Members. Once registered, Additional Clients will become an Alliance Member for the selected Lots. Note – Additional Clients can register for all Lots, or a selection of Lots.

3.3. Additional Client User Agreement and Additional Client Reference Number

Once an Additional Client has registered, each project that is subsequently procured will require the Additional Client to complete an Additional Client User Agreement Form (ACUA). The ACUA document can be downloaded from our website (link).

CCS will issue a Reference Number on receipt of the completed ACUA form. The Additional Client should quote this Reference Number on all Supplier Alliance Member related correspondence. This number enables CCS to analyse and report Management Information (MI) on behalf of each Additional Client to support calculating market savings at project contract level.

The Supplier Alliance Member shall request the Additional Client Reference Number from the Additional Client when an Additional Client places a new order under the Framework Alliance Contract prior to any work commencing.

The Supplier Alliance Member shall include the Additional Client Reference Number as part of their Management Information supplied to the CCS within their monthly MI Reporting Template.

3.4. Service requirements – Lot(s) selection

Additional Clients should first identify the Lot(s) into which their requirement best fits. This can be done using our simple lot selector tool in the documents tab. If there are any doubts on the appropriate Lot or region to use please contact CCS, who can assist you in identifying your requirements.

3.5. Choosing your Contract Agreement - About the Contracts:

Additional clients are able to access our Procurement guidance Guided Match Tool, located in the documents tab to help to determine which may be the best

procurement strategy for your project or programme of works. Please note before any decisions are made you should seek advice from your legal and design teams.

3.5.1. There are a variety of industry standard contracts available to use under this Framework Alliance Contract:

● NEC3 and NEC4 - NEC produces a diverse range of definitive end-to-end project management contracts that empower users to deliver projects: on time, on budget and to the required standards. The suite of contracts can be used for the procurement of works, services and goods as well as all stages of a project lifecycle, from planning, design and project management to construction, maintenance and facilities management.

More information on NEC Contracts can be found at: https://www.neccontract.com/

o JCT - JCT produce standard forms that meet clearly defined needs and apportion risk in a way that is appropriate for the procurement methods they reflect. The JCT suite of contracts is made up of standard forms, guidance and other documents that are suitable for the majority of construction projects and procurement methods. JCT Contract suite contain main contracts and sub-contracts which reflect the range of collaborative procurement methods used by construction industry. Traditional/Conventional, Design and Build, Management, and Integrated team/Partnering contracts are all provided. 

More information on JCT Contracts can be found at: https://corporate.jctltd.co.uk/

● PPC 2000 - PPC2000 offers a single contractual hub, allowing all team members to ‘contract as a team’ on identical terms, aligning contractual project management processes with teamwork methods and behaviours. PPC2000 integrates the design, supply and construction processes and sets out Project Partnering Agreements with the intention of establishing collaborative working of the key players whilst utilising agreed timetables, from early design right through to commissioning and handover.

More information on PPC 2000 Contracts can be found at: ppc2000.co.uk/

● TAC-1 - TAC-1 supports and integrates the provision of any type or scale of works and/or services and/or supplies. TAC-1 is a standard form term alliance contract which enables a client and its team to obtain results from any term contract, helps to integrate a team into an alliance, and helps to obtain improved value through building information modelling.

More information on TAC-1 Contracts can be found at: www.allianceforms.co.uk/about-tac-1/

● SBCC – The aim of the Scottish Building Contract Committee (SBCC) in its standard form contracts is to create as much uniformity across the UK as

possible, adopting the JCT forms wherever possible. However, it remains the case that because of the different legal system north of the border, there are certain key differences in approach. The SBCC standard forms have made the changes required to the JCT forms to bring them in line with Scots law and terminology but they do not change the risk profile or make other substantive amendments. They follow the JCT colour coding, section headings and clause numbering and, as far as possible, follow the JCT names and dates.

More information on SBCC contracts can be found at: www.sbcconline.com/

3.6. Award Procedure

Additional Clients can award a “Project Contract” from the Framework Alliance Contract by using one of two routes:

Competitive Award Procedure – further competition between Supplier Alliance Members.

Direct Award Procedure – to establish the Most Economical Advantageous Tender without reopening competition.

‘Worked examples’ of procurements using both competitive award and direct award procedures can be accessed on the CCS website.

Both routes are available via the CCS Bravo Sourcing tool:

https://crowncommercialservice.bravosolution.co.ukAdditional Clients are also able to use their own procurement portals or their preferred method and can invite bids from Supplier Alliance Members using different methods and systems. If you are using a particular preferred method, please ensure that ALL Supplier Alliance Members invited to bid are made aware of your chosen procurement method and the systems used.

3.6.1. Project Contract Process - Competitive Award:

3.6.1.1. Additional Client(s) wishing to perform a Competitive Award Procedure should follow the process below:

3.6.2. Competitive Award Procedure

3.8.2.1 Any Additional Client wishing to perform a Competitive Award shall perform the following in the pre-tender stage:

● Develop an Additional Client Scope setting out its requirements for the services and identify the lot(s) most capable of supplying the services.

● Consider running a capability assessment. This will allow prospective bidders to review the Additional Client’s initial requirements and consider whether they are likely to bid at Competitive Award stage, or rule themselves out of the bidding process. A standard Expression of Interest template is available on the CWAS Framework website.

● Consider pricing strategy and how to best utilise the Project Success Measures and Targets

● Amend the weighting against the pre-set criteria shown below

● Select the form of agreement, inclusive of any supplementary conditions required

● Determine whether an initial phased evaluation based on project specific criteria is required, prior to progressing to secondary evaluation against the main project criteria deliverables. This provides opportunity for the additional

client to identify if a bidder(s) can comply with specific project requirements that carry specialist outputs or capability, such as specialist access provisions, security access compliances etc.

Evaluation Criteria

Criteria Weighting % Sub-Criteria Sub Criteria

Weighting %

Quality 75% (+/- 25%)

To be determined by the Additional Client e.g. Approach to Solution,

Resourcing, Mobilisation

To be determined by the Additional Client

Price 25% (+/- 25%) Agreed Prices To be determined by

the Additional Client

3.7. Tender & Evaluation Phase

Fig.1 Invite tenders by conducting a Competitive Award by:

● Inviting (electronically) the Supplier Alliance Members (see Fig 1) for the chosen lot to submit a tender based on the Project Brief. This shall be addressed to the Supplier Alliance Member representative identified in Products and Suppliers tab available on website:

● http://ccs-agreements.cabinetoffice.gov.uk/contracts/RM6088

● Set a time limit for the receipt of tenders taking into account the size and complexity of the service.

● Assess bids in a fair and transparent manner through application of the Competitive Award Criteria

● Provide unsuccessful Framework Alliance Contract Supplier Alliance Members with written feedback in relation to the reasons why their tenders were unsuccessful.

3.7.1. Direct Award Procedure:

An Additional Client wishing to perform a Direct Award Procedure should check with their internal review process that this is most suitable option and should follow the process below (Fig 2.):

Fig 2 Invite Supplier Alliance Member via direct award:

3.7.2. Direct Award process

3.7.3. Any Client awarding a project contract agreement under this Framework Alliance Contract, without holding a Competitive Award shall (In accordance with CWAS Framework Alliance Contract, Schedule 4 – Direct Award Procedure):

● Develop a clear Statement of Requirements

● Apply the following criteria and weightings to the Framework Alliance Contract Supplier and description of the services, as set out in Framework Alliance Contract Schedule 4, for all Supplier Alliance Members capable of meeting the Statement of Requirements in order to establish which of the Framework Alliance Contract Supplier Alliance Members provides the most economically advantageous solution, for Direct Award:

Criteria

Number

Criteria - ranked in order of importance

Percentage Weightings (or rank order of importance where applicable) - to be set by the Client conducting the direct award

1 Quality

(including service delivery, technical merit, coverage,

account management, fitness for purpose)

75%

2 Price

(life cycle costs, cost effectiveness & price)

25%

Once the most economically advantageous Supplier Alliance Member has been selected for your requirement – this may also include value for money considerations such as speed of response, non-conflict of interest for example, however, appointment and considerations should align with guidance and criteria for Direct Award, as described within the public contract regulations.

Understand and briefly document their rationale for Direct Award to a particular Supplier Alliance Member for board approval, procurement strategies, mitigation of risk of challenge and full audit trail. Please note that the Additional Client is responsible for any decision to award through the CWAS framework agreement using the Direct Award approach.

You may need to obtain your own in-house legal advice to ensure direct award is a compliant approach in your specific circumstances.

Complete an Additional Client User Agreement (ACUA Template) and email your completed copy to info@crowncommercial.gov.uk. You will then be assigned a unique ACUA Reference number, this will be used to enable tracking/progress of the project contract or programme of works.

CCS have also developed Direct Award ‘Worked Example’ which provides clarity on how a direct award could be made through the framework. This can be viewed on the following link.

3.8 Multiple or Cross Lot Requirements

3.8.1 Where a Client or an Additional Client has a requirement for works or services, additional works or services, or a programme of works or services, which crosses over multiple regional Lots, the Client or Additional Client reserves the right to award the complete requirements to one or more potential Supplier Alliance

Members from the regional Lot which covers the majority of the value of spend in comparison with the relevant other regional Lot(s).

3.8.2 Where it is not possible to secure service provision through one single regional Lot with a Supplier Alliance Member, as detailed in 3.10.1, the Client or Additional Client can revert to procuring requirements through separate regional Lots.

3.9 Failure to Secure Bids

3.9.1 Where in Lots 1, 2, 3 or 4 a Client or Additional Client does not receive any bids or, where applicable, multiple bids from the Supplier Alliance Member(s), or does not receive any bid that is suitably aligned to their requirements, the Client or Additional Client may procure their requirements through the next higher value banded Lot aligned to the regional lot or regional lots where the requirement is required to be delivered.

3.9.2 For example there is a project with a value of £4 Million within NUTS region C. This would normally be placed under Lot 2.1 (covering NUTS sub region C). If the situation as per point 3.11.1 was to occur, this project opportunity would be moved up to the next value banded lot and therefore could be procured through Lot 3.1 (also covering NUTS sub-region C).

3.9.3 Where in Lots 6 & 7 a Client or Additional Client does not receive any bids or, where applicable, multiple bids from the Supplier Alliance Member(s), or does not receive any bid that is suitably aligned to their requirements, the Client or Additional Client may procure their requirements through Lots 1, 2, 3, 4 or 5 based on the relevant value band and regional Lot. Note action in 3.11.1 which may also apply.

3.9.4 If in the case of multiple regional requirements where one regional Lot was selected to provide all Project requirements as outlined in 3.10.1 and 3.11.1, then the process described in 3.11.2 and 3.11.3 may be exercised by the Client and/or Additional Client dependent on the requirements.

3.9.5 The approaches to Lot selection outlined within 3.10.1 to 3.11.4 inclusive may be exercised by the Client or Additional Client via either a Direct Award Procedure or a Competitive Award Procedure (call for competition) utilising the approach for award in Sections 3.6 and 3.7 respectively.

3.10 Contract Award

3.10.1 The Project Contract is awarded when the relevant documentation is signed by the Additional Client and Supplier Alliance Member.

3.10.2 Should circumstances change or responses are inadequate, nothing in the Framework Alliance Contract obliges the Additional Client to make an award. However, where a no award decision is made due to poor responses from Supplier Alliance Members, CCS would appreciate feedback.

3.10.3 The Additional Client is reminded that whilst utilising the Framework Alliance Contract to source services, compliance with their own internal processes and governance procedures should be given consideration.

3.10.4 The Additional Client is required to confirm the details of any award to CCS by completing ‘Appendix A’ of the ACUA (Additional Client User Agreement) template. This provides details to CCS of the awarded Supplier Alliance Member(s), confirms call off contract form used, confirms final anticipated project(s) value, and any other relevant project information. This supports the beginning of the management information process.

3.11 The Supplier Alliance Member's Obligations

3.11.1 Each Supplier Alliance Member shall in writing, by the time and date specified by the Additional Client in The Project Brief, provide the Additional Client with either:

3.11.1.1 a statement to the effect that it does not wish to tender in relation tothe relevant Project; or

3.11.1.2 the full details of its tender made in respect of the relevant ProjectBrief. In the event that the Supplier Alliance Member submits such atender, it should include, as a minimum:

(a) an email response subject line to comprise unique reference number and Supplier Alliance Member name, so as to clearly identify the Supplier Alliance Member;

(b) a brief summary, in the email (followed by a confirmation letter), stating that the Supplier Alliance Member is bidding for the Project;

(c) its Project Proposals; and(d) CVs of key Personnel – as a minimum any core discipline leads, with

others, as considered appropriate along with required staff levels.

3.11.2 Each Supplier Alliance Member shall ensure that any prices submitted in relation to a Competitive Award Procedure held shall be based on the Framework Prices and take into account any discount to which the Client or Additional Client may be entitled as set out in the Framework Prices.

3.12 Responsibility for Awards

3.12.1 Each Additional Client is independently responsible for the conduct of its award of Project Contracts under this Framework Alliance Contract. CCS is not responsible or accountable for and shall have no liability whatsoever in relation to:

(a) The conduct of Other Alliance Members in relation to this Framework Alliance Contract; or

(b) The performance or non-performance of any Project Contracts between the Supplier Alliance Member and Other Alliance Members entered into pursuant to this Framework Alliance Contract.

3.13 CCS Support to placing a Project Contract via a Competitive Award Procedure

3.13.1 A comprehensive ‘User Guidance for Additional Clients: Self-Service’ has been published on the CCS eSourcing Tool and is available for Additional Clients to use where such Additional Clients are running their own Competitive Awards on a self-service basis.

3.13.2 Crown Commercial Service Jeagger eSourcing Tool

● CCS offers a free to use Competitive Award tool via the e-Sourcing Tool which will help to facilitate Alliance Member’s Competitive Award processes.

● The eSourcing Tool enables Alliance Member’s to send information to Supplier Alliance Members and obtain a quotation based on their requirements.

● Alliance Members have the ability to upload documents to Supplier Alliance Members so that they can submit a tender for the services.

● If you do not already have a login for the Jaegger eSourcing tool you can register here: https://crowncommercialservice.bravosolution.co.uk/

3.14 Additional Client Satisfaction

The Additional Client satisfaction survey will be developed throughout the life of the framework, and will be used to measure Additional Client satisfaction on completed or ongoing project contracts and/or programmes of works in conjunction with the Alliance Members user group and fed back to Supplier Alliance Members as part of their continuous improvement measures.

4 Charging Arrangements

4.1 Rate Reviews

4.1.1 The earliest date for inflationary increases to the framework prices will be 2 years after award of each Lot (for most this will be 30 October 2021). Any subsequent increase to the framework prices shall be annually after this date.

4.1.2 Inflationary rate increases will be in line with in the Consumer Price Index published for the twelve (12) months ended on the 31st of January immediately preceding the relevant Indexation Adjustment Date.

4.1.3 Throughout the contracting term CCS will actively seek rate reductions with service providers to drive additional value for money savings.

4.2 Agreed Prices

4.2.1 The maximum prices that the Supplier Alliance Member can charge will not be greater than - but can be less than - the appropriate Framework prices.

4.2.2 For requirements that fall outside those set out in the Framework Brief, the Supplier Alliance Member may charge a higher price but this should be based on the Framework Prices where possible and they will be required to provide evidence to justify the increase in the price and agree this with the Additional Client.

4.3Payment Profiles

4.3.1 Where the Contracting Authority requires that a non-standard or bespoke payment profile will be necessary for the duration of any contract, the details should be set out in the order in the form of a supplementary term.

4.4 Audit

4.4.1 As part of its framework management function, CCS has the right to conduct independent auditing of Supplier Alliance Members processes, procedures and application of their daily rates (prices) in line with their Agreed CCS Maximum Rates. Additional Clients should contact CCS if they believe that any Supplier Alliance Members are not operating within the agreed terms of the Framework Alliance Contract.

5 Insurance and Liabilities

5.1 Insurances and Liabilities Considerations:

5.1.1 Please ensure that all insurances, liabilities and contract summaries are finalised in the Project Contract and released with the tender documents as this will have a direct impact on pricing proposals.

6 Success Measures Targets and Incentives

6.1Success Measures, Targets and Incentives have been set out in Schedule 1, of the CWAS Framework Alliance Contract to outline performance measurement requirements of Supplier Alliance Members in delivering their framework contract requirements.

6.2This Schedule is also designed to support Additional Clients as part of the Alliance in tracking Project Contract Success Measures with an aim to improve their service delivery approach and practices.

6.3The use of Project success measures are optional to Additional Clients however, all are encouraged to consider the use of such performance measures to assist in

achieving better value for money, enhanced services and ability to support improvement of service delivery by sharing best practices and looking back at lessons learnt, providing feedback on good and bad performance.

7 Key Performance Indicators

7.1A KPI template is available for use by Additional Clients to support in managing performance of Supplier Alliance Members against project delivery. This can be located on the CCS webpage (link).

8 Attachment 1: Suppliers and Lot Listing

8.1 Details of Supplier Alliance Members by awarded Lot can be reviewed on the CCS website (link).

9 CCS Construction Works and Associated Services: RM6088

Additional Client User Agreement (ACUA)

This commercial agreement can be used by central government departments, and all other UK public sector bodies, including but not limited to local authorities, health, police, fire and rescue, education and devolved administrations. It is intended that this Framework Alliance Contract will be the recommended route to market for all construction works and services required by UK central government departments.

Prior to placing an order, this form should be completed in full highlighting the relevant multiple choice option in yellow and returned to Crown Commercial Service property team at info@crowncommercial.gov.uk

Please note fields marked with * are mandatory and must be completed.

Contact Details

Additional Client *

Contact Name *

Contact Number *

Contact Email Address *

Additional Client Call Off Requirements *

Nature of Service Requirement

Construction Professional Services Required (RM3741)*

Framework Agreement - Lot*

1.1 1.2 2 3 4 5 6 7 8 9 10 11

Regional NUTS Code *

Competitive Award/Direct Award *

Procurement Portal Used (Please include address) *

Supplier(s) Invited (if known)

Value of Project/Programme Cost (Call off contract value)

Postcode of Works (If there is a programme of works please include postcode of majority of works)*

(If NUTS code is unknown, please use postcode)

Project Contract to be used *

NEC3 NEC4 JCT PPC2000 SBCC TAC-1

Planned Date of Procurement *

Anticipated start date of works and services *

Anticipated end date

Additional Client data share *

Yes/No

Upon receipt of the completed form you will be provided with an Additional Client User Agreement (ACUA) Reference Number. This reference should be quoted in ALL documentation and any additional correspondence with your chosen Supplier Alliance Member(s) when placing a contract project or programme of works through the Framework Alliance Contract.

Additional Client Management Information will be collected after a project Contract has been placed.

Call-Off invoice costs will be collated via a CCS Management Database, and information will be used to indicate future growth opportunities within the construction sector. These project opportunities will be shared with Supplier Alliance Members, to ensure Supplier Alliance Members have the resources and capacity to bid for projects. N.B. Additional Client Contact Details are redacted (in line with GDPR 2018).

Please indicate Yes/No if you are happy for the Additional Client organisation name to be shared or if they need to be withheld for security or confidentiality reasons and note any data restrictions you may have in the return email.

Additional Client User Agreement - Reference Number

*to be completed by Crown Commercial Service

ACUA Appendix 1 – Project Award Confirmation

To be completed by each additional Client following the successful award of a project or programme. This allows for revision to the project information provided within the original ACUA form that may have been updated during the Call Off process.

Project Award Confirmation

Nature of Service Requirements (if different to requirements referenced within the original ACUA)

Successful Awarded Supplier(s)

Project Contract Form (if different to the form referenced within the original ACUA)

Final Awarded Project Contract Value £

Agreed Project Start Date

Agreed Project Completion Date

Any other relevant information