Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
(redactions made under FOIA exemptions Section 40 Personal Information)
Highways Agency
Consultancy Contract
Instructions for Tenderers
February 2012
Issue 2 Revision 1
1
April 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Highways Agency
Consultancy Contract
Instructions for Tenderers
Contents amendment sheet
Amend.
No.
Issue Date
Amendments
0
June 2009
Issue 1 revision 0 draft
1
January
2011
Issue 2 revision 0
February
2012
Issue 2 revision 1
Addition clause 2.7.3
Annex K - Anti Bribery Code of
Conduct
Issue 2 Revision 1
2
Initials
Date
April 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
List of Contents
1
THE TENDER PERIOD PROCESS ........................................................... 4
1.1
1.2
1.3
1.4
1.5
1.6
2
General ...................................................................................................... 4
Documents ................................................................................................ 5
Tender communications ............................................................................. 6
Meetings .................................................................................................... 6
Tender Programme .................................................................................... 7
Cancellation of tender ................................................................................ 7
SUBMISSION OF TENDERS .................................................................... 8
2.1
2.2
2.3
2.4
2.5
2.6
3
General ...................................................................................................... 8
Quality Statement ...................................................................................... 8
Key people ............................................................................................... 10
Activity Schedule ..................................................................................... 10
Resource costs ........................................................................................ 10
Other information ..................................................................................... 11
TENDER ASSESSMENT PROCEDURE ................................................. 12
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
4
Evaluation Method ................................................................................... 12
General .................................................................................................... 12
Marking the quality submissions .............................................................. 13
Marking the financial submission ............................................................. 13
Combining scores .................................................................................... 14
Validating the Quality Statement .............................................................. 14
Validating the financial information........................................................... 14
Determining the Preferred Bidder............................................................. 15
Team Confirmation .................................................................................. 15
TENDER AWARD ................................................................................... 16
4.1
General .................................................................................................... 16
ANNEXES ................................................................................................................17
Annex A - Tender Documents ............................................................................. 18
Annex B - Tender Query Form ............................................................................ 20
Annex C - Indicative Tender Period Timetable..................................................... 21
Annex D - Quality submission requirements ........................................................ 22
Annex E - Quality Assessment ............................................................................ 26
Annex F - Build up of staff rates........................................................................... 31
Annex G - Determination of Successful Tender ................................................... 32
Annex H - key people schedule ........................................................................... 34
Annex J –Fair Payment Charter........................................................................... 35
Annex K – Anti Bribery Code of Conduct ............................................................. 36
Annex K- Anti Fraud Code of Conduct……………………………………………...39
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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
1
THE TENDER PERIOD PROCESS
1.1
General
1.1.1
These Instructions for Tenderers apply to the submission of tenders for
Dartford Free-Flow Charging Project- Technical Consultancy. The tender
process is carried out under the restricted procedure following the
publication of contract notice no 2011/S 235-381204 dated 2nd December
2011.
1.1.2
The process seeks to determine the most economically advantageous
tender to the Highways Agency. This will be a compliant bid with a validated
overall score higher than any other Tenderers’ overall score.
1.1.3
Tenders must be submitted in accordance with these Instructions. Tenders
not complying with these Instructions may be rejected by the Highways
Agency whose decision in the matter will be final. These Instructions will not
form part of the proposed contract.
1.1.4
The Procurement Officer for this competition and their contact details are:
(redacted) Highways Agency; Woodlands; Manton Lane; MK41 7LW;
email: (redacted)
1.1.5
Any enquiries concerning this tender should be directed through the
Highways Agency e-Sourcing portal https://highways.bravosolution.co.uk.
Contact with the Procurement Officer must be made via the e-Sourcing
portal https://highways.bravosolution.co.uk only. Except where otherwise
directed in these Instructions, Tenderers must not contact any person in
relation to this competition other than the Procurement Officer or, if
nominated, their designated deputy. The name of any designated deputy
will be confirmed in writing.
1.1.6
The tender must be treated as private and confidential. Tenderers should
not disclose the fact that they have been invited to tender or release details
of the tender documents, other than on an "in confidence" basis to those
who have a legitimate need to know or whom they need to consult for the
purpose of preparing the tender. Tenderers should not release information
concerning the invitation to tender and/or the tender documents for
publication in the press or on radio, television, screen or any other medium.
1.1.7
Under the Freedom of Information Act 2000 and the Environmental
Information Regulations 2004 the Highways Agency may be obliged to
disclose information relating to responses to this tender. Tenderers may
request that certain information is not disclosed if to do so would prejudice
their legitimate commercial interests or is otherwise exempt from disclosure
under the Act. Requests for non-disclosure must accompany the tender and
include clear and substantive justification together with a time limit when any
confidential information could be disclosed. The terms of any confidentiality
agreement would, if requested, be available for disclosure.
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1.1.8
Instructions for Tenderers
Project Contract - Cost Option
Under the Office of Government Commerce’s Guidance Note dated
December 2010 entitled “Transparency - Publication of New Central
Government Contracts”, the Highways Agency is obliged to publish the
responses to this tender and the provisions of any contract let pursuant to it,
excluding only information which is exempt from disclosure pursuant to the
Freedom of Information Act 2000. The Highways Agency’s initial view is that
the only materials likely to be excluded from publication on this basis are as
follows:

Part B of the Quality Statement

CVs for the persons listed in the key people schedule

Build-ups of the prices in the activity schedule and the resource cost
schedule (but not the total prices)
1.1.9
The Tenderer is invited to identify (with reasons) those materials which he
wishes to see excluded from publication based on the parameters set out
above. The Tenderer acknowledges that the final decision as to which
materials are excluded from publication rests with the Highways Agency in
its sole discretion. Any submission by the Tenderer under this paragraph is
for information only and will not be taken into account in the tender
assessment process, nor will it form part of any contract between the
Highways Agency and the Tenderer.
1.1.10
Tenderers must advise the Highways Agency if

their ownership or the ownership of any member of their tendering
consortium (or their parent company) changes, or

any organisation involved in the preparation of this contract is acquired
by them or by any member of their consortium (or an associated
company).
If the Highways Agency considers that a change in ownership has created a
potential conflict, the Highways Agency may exclude a conflicted Tenderer
from the tender assessment. If excluded, the Tenderer will be notified by the
Procurement Officer.
If employment on this scheme causes a conflict of interest for a supplier with
an existing Highways Agency project they are working on then they must
notify the Highways Agency immediately
Any supplier who is successful in this scheme may not be employed on the
future work for Dartford-Free Flow Charging Project- Workstream 1 (Back
Office Works)
1.2
Documents
1.2.1
Instructions relating to documentation are contained in Annex A.
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Instructions for Tenderers
Project Contract - Cost Option
1.2.2
Any drawings, prints, specifications, data, calculations and analyses issued
to Tenderers in connection with this tender remain the property of the
Highways Agency. All such information issued to Tenderers may only be used
for the purpose of tendering. Such information should not be disclosed to
persons unconnected with the tender and should be returned to the Highways
Agency on completion of tender procedures. These provisions apply equally
to drawings and other information supplied for the purpose of the tender, the
property rights of which vest in a third party.
1.3
Tender communications
1.3.1
Any queries from Tenderers regarding the tender documents must be made
by e-mail on the form supplied in Annex B and sent to the Procurement
Officer via the e-Sourcing portal no later than 21 days prior to the date of
return of tenders.
1.3.2
All tender queries will be acknowledged and answered by the Procurement
Officer. Queries regarding the tender documents and the responses to the
queries will be issued to all Tenderers. If any answer requires a change to
the tender documents then a tender amendment will be issued.
1.3.3
Tender amendments are changes to the tender documents that are made in
writing by the Procurement Officer and issued to all Tenderers. Only in
exceptional circumstances will tender amendments be issued after tenders
have been submitted. In such circumstances, the Procurement Officer will
notify all Tenderers of the required action.
1.3.4
Highways Agency officers and their consultants do not have the authority to
make any change to the tender documents except through a tender
amendment issued by the Procurement Officer. If a statement is made at
any meeting that a Tenderer considers is not in accordance with the tender
documents then the Tenderer must refer the matter to the Procurement
Officer as a tender query.
1.4
Meetings
1.4.1
Tenderers will have the opportunity to meet members of the Highways
Agency at a tender meeting as set out below.
1.4.2
It is anticipated that a meeting will be held during week 3 or 4 of the tender
period, to explain, discuss and answer questions on the tender process.
During this meeting, the following topics will be covered by the Highways
Agency.

Information on the proposed contract by representative(s) of the
Project Team, identifying and explaining any project specific issues
of importance to the tender submission
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
Instructions for Tenderers
Project Contract - Cost Option
A presentation by representative(s) of the Procurement Team, setting
out the tender process, timeframe, and an explanation of the tender
marking system
1.4.3
Tenderers will have an opportunity to ask questions at this meeting. The
tender meeting will last for approximately 2 – 3 hours, and places are limited
to a maximum of 2 people per tenderer
1.4.4
Any tender queries must be submitted in accordance with the procedure set
out above.
1.5
Tender Programme
1.5.1
The tender programme is included at Annex C.
1.6
Cancellation of tender
1.6.1
If the Highways Agency decides

to cancel the tender or evaluation process at any stage,

not to proceed with any proposal made in response to this Invitation
to Tender or

not to accept the Supplier's tender for any reason
the Highways Agency is not liable to reimburse any costs or losses incurred
by the Supplier in considering or submitting a tender in response to this
Invitation to Tender or otherwise in connection with this competition.
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Instructions for Tenderers
Project Contract - Cost Option
2
SUBMISSION OF TENDERS
2.1
General
2.1.1
Tenders and supporting documents must be written in English.
2.1.2
Tenders must be submitted in accordance with the tender documents
including any tender amendments. Tenders must not be qualified or
accompanied by statements or a covering letter that might be construed as
rendering the tender equivocal. Unauthorised alterations or additions must
not be made to any component of the tender documents. The Highways
Agency’s decision as to whether or not a tender complies with these
Instructions will be final.
2.1.3
The Tenderer must sign and return the Highways Agency Fair Payment
Charter included at Annex J the Anti Bribery Code of Conduct included at
Annex K and the Anti Fraud Code of Conduct included at Annex K before a
Tender can be accepted.
2.1.4
Tenders not received by the Highways Agency by the tender return date and
time may be excluded from further consideration and returned to Tenderers.
Offers should remain open for acceptance for 120 calendar days from the
tender return date.
2.1.5
The Form of Tender will be incorporated within the questions on the eSourcing portal. No unauthorized alteration or addition should be made to
any component of the tender documents. Any response in the negative may
lead to the rejection of your tender. The tender should be returned together
with the documents listed in Annex A via the Highways Agency e-Sourcing
portal at https://highways.bravosolution.co.uk for the Dartford Free-Flow
Charging Project- Technical Consultancy in the volumes set out in Annex A.
Documents are to be in Microsoft Office 2003 format.
2.1.6
Further notes on the contents of these documents are given below.
2.1.7
The tender should be sent via the Highways Agency e-Sourcing portal at
https://highways.bravosolution.co.uk for the Dartford Free - Flow Charging
Project-Technical Consultancy.
Volume 1
2.2
Quality Statement
2.2.1
The Quality Statement must follow the structure set out and cover the Items
described in Annex D and linked to the Client Task Brief and Product
Deliverable Schedule. The Quality Statement must present each Item in two
separate parts: Part A, the proposed approach and methodology to the
contract; and Part B, evidence from previous projects undertaken by the
Tenderer to demonstrate that the proposed approach is likely to be
successfully delivered.
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Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
2.2.2
The approach to this contract is to be described in Part A of the Quality
Statement in the form of proposals and quality procedures. The proposals
are to consist of material explaining how, if awarded this contract, the
Tenderer intends to Provide the Services. The quality procedures are to set
out how the proposed activities are to be carried out. The quality procedures
are required to be incorporated into the successful Tenderer’s Quality Plan,
and are limited to statements that will become contractual obligations.
2.2.3
Tenderers are to provide a detailed submission setting out their proposed
approach and methodology for the work to be carried out. This submission
will be included and marked in accordance with Table 2. It is to include the
programme identified in the Contract Data, resource requirements and risk
register. The timing and content of the required deliverables is to be shown
on the programme.
2.2.4
The resources are to be itemised in sufficient detail to enable the resource
implications of their proposals to be fully understood. Entries for people are
to identify the posts rather than the people, however names of the key staff
should be identified along side these as recourses will be taken into account
and incorporated into the assessment of part A Approach and HA need to be
able to match up key people to their CVs.
2.2.5
The risk register is to include the action to be taken by the Tenderer to avoid
or reduce the risk and how allowances for the risk have been made in the
tender. Following award, the risk register from the successful Tenderer will
be treated as the first Risk Register under the contract.
2.2.6
The evidence in Part B of the Quality Statement is to consist of verifiable
statements showing how the approach proposed in Part A has been
developed from the successful delivery of similar work.
2.2.7
The Quality Statement, which includes Part A (approach and methodology)
and Part B must not exceed the page limit, which is 20 sheets of A4 paper
(40 sides). The programme must not exceed 1 side of A1 paper. A CV for
each person should be included. The maximum length of CV is 2 sides of A4
paper. The CV should emphasise the key skills relevant to this particular
project.
2.2.8
The key people schedule and programme are not included in this page limit.
A CV for each person should be included. The maximum length of CV is 1
page (2 sides) of A4 paper. The CV should emphasise the key skills relevant
to this particular project. CVs will be taken into consideration during the
Quality assessment of part A approach but may also be referred to for part B
evidence and may form part of validation if HA decide to interview any key
staff of the highest overall scoring bidder.
2.2.9
Tenderers should print on both sides of each sheet and may use A3 paper in
lieu of A4, but each A3 sheet will be counted as two A4 sheets. Text must
be presented in “Arial” font and be no smaller than 11 point, single-spaced
with the margins set at 2.5cm. The page limit and font size relate to the
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Instructions for Tenderers
Project Contract - Cost Option
entire Quality Statement including paper covers, title pages, drawings,
diagrams, flow charts and annexes. The page limit does not include clear
protective plastic covers. The pages of the Quality Statement must be
numbered. Page numbers and other header or footer information may be
included in the margin space
2.2.10
If the submitted Quality Statement exceeds the page limit then any pages
exceeding the limit will be discounted.
2.3
Key people
2.3.1
Tenderers are to return a completed key people schedule in the form set out
in Annex H. The minimum period of availability in hours is to be given for
each named person.
Volume 2
2.4
Activity Schedule
2.4.1
Tenderers are to provide a priced activity schedule.
2.4.2
The Prices are to be based on the forecast Time Charge for the work
required for each activity on the activity schedule. A tender that is priced on
any other basis will be rejected.
2.5
Resource costs
2.5.1
Tenderers are to provide
2.5.2

a list of staff rates for the people proposed for this contract, for staff
that may be required for a public information and marketing
campaign (they will not be used in the tender assessment and will be
provided separately, but will be used for any future compensation
events)

staff rates submitted will be used for all future Compensation Events

a detailed build up of each rate on the list of staff rates in the form set
out in Annex F, showing how the rate is linked to demonstrable costs,
and

a resource cost schedule detailing the costs of the work identified in
the Quality Statement. The resource cost schedule is to identify and
price the individual resources set out in the quality statement part Aproposed approach and methodology section of the submission. The
rates for each person are to be the rates identified in the list of staff
rates. Each operation on the programme should be separately
identified in the schedule.
The staff rates for people are to be calculated in accordance with the
Schedule of Cost Components, and a tender that is priced on any other
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Instructions for Tenderers
Project Contract - Cost Option
basis will be rejected. Tenderers are to use the same profit level in each
staff rate build up.
2.5.3
Any payment of T&S (which will be included in the activity schedule) will be
in accordance with the Highways Agency Travel and Subsistence Code.
2.6
Other information
2.6.1
Every Government Department is required to take suitable precautions to
safeguard its information. Information Assurance is the confidence that
information and communications systems will protect the information they
handle, and will function as and when they need to under the control of
legitimate users. Tenderers are to provide a description of their proposals for
handling information so that the suitability of their proposed Information
Assurance solutions can be assessed.
2.6.2
In addition to the above, Tenderers must return the other information set out
in Annex A.
2.6.3
The Tenderer must:
a. Confirm they have no Parent Company or
b. Submit from their ultimate Parent Company either:

a certified copy of the Board minutes from their ultimate
Parent Company clearly and unambiguously confirming that
the ultimate Parent Company will enter the Parent Company
Guarantee when requested; or

a letter signed by the Company Secretary and a Director (or
two Directors) of the Tenderer’s ultimate Parent Company
clearly and unambiguously confirming that the ultimate Parent
Company will enter the Parent Company Guarantee when
requested.
If the Tenderer does not return a certified copy of the minutes or a signed
letter as above, then its tender will not be considered and will be rejected.
The Parent Company Guarantee that the Tenderer’s ultimate Parent
Company will be required to enter into is included in the document titled
Parent Company Guarantee with the form of tender and agreement by deed.
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Instructions for Tenderers
Project Contract - Cost Option
3
TENDER ASSESSMENT PROCEDURE
3.1
Evaluation Method
3.1.1
The assessment of tenders will be carried out in three stages. In the first
stage, the Procurement Officer will check for tender compliance and panels
will judge tender submissions, based wholly on the contents of the tender
submission which must therefore contain all the information which Tenderers
wish to be considered. The second stage will involve the verification of the
quality submission and financial information. The final stage involves
confirmation of the availability of key people.
3.1.2
The Quality Assessment Panel and the Financial Assessment Panel will
work independently and will not have access to each other's assessments
until after the verification of the quality submission and financial information.
3.1.3
The assessors will keep in mind three key questions when reviewing
submissions:
3.1.4

Confidence: Do the proposed team, organisation and proposals give
reassurance that the Tenderer is likely to deliver a flexible, driven, well
balanced and improving service in a sustained manner meeting the
objectives of the HA?

Value: Do the proposals provide best value to the HA?

Risk: Has the submission identified all the risks presented by the
proposal in delivering specified service levels and meeting HA
objectives? What has been put in place to control these risks and
have contingencies been applied where appropriate?
Clarifications are statements requested from Tenderers by the Procurement
Officer to remove any uncertainty over the meaning of the tender.
Clarifications will be recorded in writing. If necessary to complete their
marking, the Assessment Panels will seek clarifications from the Tenderer
via the Procurement Officer. If a clarification provides information not
requested by the Procurement Officer then this information will not be
accepted and may lead to the rejection of a tender.
Stage 1
3.2
General
3.2.1
An equivocal tender or a tender which does not comply with the tender
documents, including any tender amendments, may result in the tender being
rejected.
3.2.2
The Highways Agency will assess whether the Information Assurance
solutions submitted provide adequate protective security for personal and
confidential information. The Procurement Officer may refer any concerns to
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Project Contract - Cost Option
the appropriate Tenderer, and unless the Tenderer is able to demonstrate that
its proposals can be relied on, the tender will be rejected.
3.3
Marking the quality statement submissions
3.3.1
A Quality Assessment Panel will mark the Quality Statement. The Panel will
determine which Quality Statement provides the Highways Agency with the
most confidence that the Employer’s objectives will be delivered and
continual improvement achieved.
3.3.2
The Quality Assessment Panel will award marks for the assessment criteria
using the marking system given in Table 1 of Annex E and determine the
total mark by completing Table 2 of Annex E. In marking this section, the
panel will take into account the material supplied in the key people schedule.
3.3.3
Any uncertainty over the meaning of the Quality Statement will be removed
via clarifications before the Quality Assessment Panel completes their
marking. No further requests for clarifications on the Quality Statement will
be made after the marking is completed.
3.3.4
The Quality Statement will be given marks out of a maximum of 100.
3.3.5
The minimum quality requirement for this contract is to reach a threshold of
60 percent for the quality statement submission. A tender that has failed to
achieve the minimum quality requirements may not be considered further in
the tender assessment, and if excluded, the Tenderer will be notified by the
Procurement Officer.
3.3.6
The mark for the Quality Statement will be combined in the ration of 70:30
respectively.
3.3.7
The tender with the highest total mark will be given a score of 100. The
score of other Tenderers will be calculated by deducting from 100 one point
for each full percentage point by which their mark is below the highest mark.
3.4
Marking the financial submission
3.4.1
A Financial Assessment Panel will calculate a price for each Tenderer who
has not been excluded on the following basis:
a) the total of the Lump Sum prices in the activity schedule;
b) Programme identifying all the key activities in the scope and employers
deliverable schedule with start and completion dates, milestones and
costs.
3.4.2
The lowest priced tender will be given a score of 100. The score of other
Tenderers will be calculated by deducting from 100 one point for each full
percentage point by which their price is above the lowest price.
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3.5
Combining scores
3.5.1
The quality score and the financial score will be combined in the ratio 70:30
applied to the quality and financial scores respectively. The total will be
expressed to one decimal place. A worked example demonstrating the
scoring system is set out in Annex G.
3.5.2
The tender with the highest total combined score will be validated. In the
event of more than one tender with the same total combined score, these
tenders will be validated.
3.5.3
The Procurement Officer will inform Tenderers whether or not they have
been identified for validation. Such notifications must not be taken as
inferring acceptance of any tender.
Stage 2
3.6
Validating the Quality Statement
3.6.1
The Quality Assessment Panel will validate Part B of the Quality Statement
to determine whether the Tenderer can substantiate its Part B evidence.
3.6.2
The Quality Assessment Panel will not reconsider the Part A information or
marks, nor will they seek or permit any further clarifications in relation to the
Quality Statement. The tender cannot be modified during the validation
stage, and therefore Part B marks cannot be increased above those
assessed in Stage 1.
3.6.3
In validating Part B of the Tenderers’ Quality Statements, the Quality
Assessment Panel will use any practical means, and may approach any
person or organisation named in the Quality Statement as part of the
validation. The validation may include meetings with the Tenderer.
3.6.4
The Quality Assessment Panel will reconsider their Part B marks in the light
of their findings. If lower marks are awarded then the overall marks and
scores will be re-calculated.
3.7
Validating the financial information
3.7.1
The Financial Assessment Panel will validate the tenders to check that the
staff rates are representative of the likely costs to be incurred.
3.7.2
As part of this assessment, the Financial Assessment Panel may ask to be
provided with original evidence that demonstrates that the allowances made
are based on costs actually incurred. The team may wish to interview
appropriate accounting staff to provide the level of satisfaction required.
3.7.3
Failure to provide satisfactory evidence to support any part of this aspect of
the tender may result in the tender being rejected.
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Project Contract - Cost Option
3.8
Determining the Preferred Bidder
3.8.1
Following validation, if the total combined score remains the highest, then
that tender becomes the Preferred Bidder.
3.8.2
If


validating the financial information has led to the rejection of a tender,
or
the Tenderer’s total combined score has been changed, and is no
longer the highest score,
the Tenderer with the highest total combined score is validated. This
process continues until a tender with a validated total combined score higher
than other bidders has been identified. This Tenderer becomes the
Preferred Bidder.
3.8.3
The Procurement Officer will inform Tenderers whether of not they have
been identified as the Preferred Bidder. Such notifications must not be taken
as inferring acceptance of any tender.
Stage 3
3.9
Team Confirmation
3.9.1
Following validation and before a contract is awarded the Highways Agency
will require confirmation that the team offered in the key people schedule is
available to start the project.
3.9.2
Failure to offer a compliant team may lead to the rejection of the tender.
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4
TENDER AWARD
4.1
General
4.1.1
The Highways Agency reserves the right not to proceed with any proposal
made in response to this invitation.
4.1.2
Tenderers will be given feedback on their tenders shortly after the
assessment has been completed.
4.1.3
Prior to the award of any contract the Preferred Bidder must provide
evidence that insurance required by the contract is in place.
4.1.4
The contract will be executed as a Deed under seal.
4.1.5
Details of the Contract Award will be published in the Official Journal of the
European Union.
4.1.6
Any drawings and other documents not returned with the tender should be
sent to:
(redacted)
Highways Agency
Woodlands
Manton Lane
MK41 7LW
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ANNEXES
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Annex A - Tender Documents
1
List of Documents with Invitation to Tender
1.1
The following documents are included with the invitation:
1.2
1
Instructions for Tenderers.
2
Contract Data Parts one and two.
3
Form of Tender.
4
Form of Agreement.
5
Scope.
6
Client Task Brief.
7
Product Deliverable Schedule.
8
Schedule of Cost Components.
9
Highways Agency Motivating Success Toolkit.
10
Fair Payment Charter.
11
Highways Agency scale of Travel and Subsistence payments
12
Anti Bribery Code of Conduct
13
Anti Fraud Code of Conduct
14
Parent Company Guarantee
The following parts of the tender documents are included in a form to allow
electronic preparation of the information required:
1
Tender Query Form.
2
Form of Tender.
3
Former for buildup of staff rates.
4
Form for key people schedule.
2
List of Documents to be returned with the Tender
2.1
The following documents are to be completed and returned by Tenderers with
their Tenders in Volume 1:
2.2
1
The Quality Statement.
2
The completed key people schedule.& CVs
3
Fully resourced programme & risk register (unpriced)
The following documents are to be completed and returned by Tenderers with
their Tenders in Volume 2:
1
The Completed Form of Tender.
2
Completed Contract Data Part Two.
3
A priced activity schedule
4
A priced activity schedule for marketing campaign
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April 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
5
The resource cost schedule, including detailed build up of each staff
rate.
6
A description of the proposed Information Assurance solution
7
Summary of relevant insurance policies including certificates where
appropriate.
8
Statement undertaking responsibility for dealing with insurance claims
or parts of such claims within the excess amount.
9
Completed Fair Payment Charter.
10
Electronic copy of the resource cost schedule.
11
Completed Anti Bribery Code of Conduct.
12
Completed Anti Fraud Code of Conduct
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April 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex B - Tender Query Form
Tender queries are to be entered in electronic form as below via the Highways
Agency e-Sourcing portal at https://highways.bravosolution.co.uk. All details are to be
included on this form, and no further attachments are to be sent. One question
should be asked for each row; insert additional rows if necessary.
TENDER QUERIES SUBMISSION SHEET
Tenderer to return sheet to:
For Contract
https://highways.bravosolution.co.uk
Dartford Free- Flow Charging Project- Technical Consultancy
Submitted
by
Date
For Office Use Only.
Query No.
Document
Reference
Issue 2 Revision 1
Nature of Query
20
Query
Ref
April 2012
Refer to
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex C - Indicative Tender Period Programme
Item
Activity
1
Issue tender Documents
2
Tender Presentation
Date
Week
4th April 2012
0
TBC
3-4
th
3
Last Date for Tender Queries
4 May 2012
6
4
Tender Return
18th May 2012
8
5
Quality and Financial Assessments
18th May- 14th June
2012
8
6
Tender with the highest total score
and an affordable price identified
15th June 2012
10
7
Validation of tenders
18th- 22nd June 2012
11
8
Preferred Bidder identified
25th June 2012
12
9
Team confirmation
26th June 2012
13
10
Initial notification of winning tender
27th June 2012
14
11
14 day standstill period
27th June – 9th July 2012
15/16
12
Feedback to Tenderers
27th June – 13th July
2012
16
13
Award Contract
16th July 2012
17
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April 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex D - Quality submission requirements
Quality Statement
The Quality Statement is to be presented in two separate parts (A and B), as
described below. The first part is to provide the Part A statements and the second the
Part B evidence.
Part A – Proposed Approach
Part A is to set out the proposed approach and methodology to deliver the contract
objectives by maximising performance against each performance criterion listed in
Table 1 below and delivering continual improvement.
The proposals and procedures in Part A are to set out how the people, partnering
and processes to be implemented on the contract will control the identified risks
(indicators). Under each risk (indicators) heading, the statement should deal with the
issues (criteria) listed.
Part B – Evidence to Support the Proposed Approach
Part B is to identify evidence from other projects to provide the Highways Agency
with confidence that the proposed approach is likely to be successfully delivered.
The evidence is to consist of verifiable statements showing how the approach
proposed in Part A has been developed and has contributed to the successful
delivery of similar services.
The availability of resources to fill the posts for key people should be given in Part B,
including the evidence that the people identified meet the requirements for their
posts.
A schedule outlining details of all projects used to provide evidence should be
included at the end of Part B. It should include the following details:

Project title

Client

Value

Contractor or designer

Role played

Dates
Structure of statement
The Quality Statement must be structured to follow the headings and sub headings in
Table 1 below, using the numbering system in the table, and cover each numbered
risk (indicator) separately. Tenderers should take account of the material in the
Highways Agency performance management toolkit for guidance as to the issues
which need to be considered in addition to any contract specific issues (criteria)
listed.
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Instructions for Tenderers
Project Contract - Cost Option
Some issues will be common to several risks (indicators); duplication should be
avoided by the use of clear cross referencing. Please note that we will not accept
cross referencing between Part A and B of the submission.
Flow charts should be used to present procedures together with supporting
commentary.
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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Table 1
Performance Indicator
Risk (Indicator)
Issues (Criteria)

1.1 Identification of key HA
Objectives
1
Product
1.2 Selection and Provision of
Resources





1.3 Meeting Task Objectives

2.1 Management of External
Relationships
2
Service
Describe the resources required to deliver the key activities.
Evidence the skills and competency of the project team (and provide
their CVs) between all of the integrated team members.
Outline your proposed team structure and the team members to deliver
the Product Deliverables.
Explain how the Product Deliverables will be managed and delivered
and provide a delivery timeframe chart identifying the critical path
influences and dependencies
Explain procedures for adding value and any potential areas for
innovation

Explain how you will effectively identify, engage and manage external
stakeholders and contractors

Explain how you will effectively liaise with the Highways Agency
including those staff in Major Projects, Network Delivery and
Development and Finance.
Explain how you will form, establish and use effective communications
2.2 Management of Internal
Relationships

Issue 2 Revision 1
Explain how you will identify the key activities to be addressed from the
Client Task Brief and Product Deliverable Schedule to meet the
Client’s requirements
Explain how the work will be undertaken, including the identification of
key risks and issues, and how they will be managed.
24
February 2012
Highways Agency
Model Consultancy Contract
3
Right First Time
Instructions for Tenderers
Project Contract - Cost Option
3.1 Preventing re-work &
Avoiding Defective work
4.1 Reliability of Forecasting &
Estimation
4
Cost
4.2 Predictability of Cost
5
Time
5.1 Time Control & reliability of
project planning
5.2 Predictability of Time

Describe the approach to management of quality processes on this
contract Explain how these will be applied on the project to reduce the
incidence of defective work and re-work.

Provide an explanation of the cost forecasting, recording and control
systems to be operated on the contract and explain how these will be
aligned with the Clients requirements




Describe the approach to manage the budget and your approach to
managing risks
Describe the approach to managing the programming of the Product
Deliverables and particularly how change will be incorporated into the
programme.
Demonstrate measures that would be taken to ensure overall scheme
completion will not overrun key dates.

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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex E - Quality Assessment
Quality Statement
Marks will be awarded for each of the assessment criteria of the quality statement.
The assessment criteria are equally weighted.
Marks will be based on all of the information supplied in the Quality Statement and
will be awarded using the assessment standards in Table 2 and Table 3 and totalled
using the form at Table 4. Please make sure that the information provided in the
Quality Statement is cross referenced appropriately.
The mark given for each assessment criterion will be the lower of the individual
marks for Part A and Part B.
The mark is a measure of the Highways Agency’s level of confidence that the
Tenderer will deliver the project objectives and continually improve. The higher the
total mark, the lower the risks to delivery and the more confidence the Highways
Agency will have that best quality will be delivered. To illustrate this point, the
relationship between the Part A and B marks and the risks to delivery are shown in
Table 5.
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February 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Table 2:
Marks awarded for Approach and Methodology
How well does the proposed approach demonstrate an
understanding of the project objectives and address
Approach & the main management and technical risks relating to
Methodology the project?
Proposed
Mark
Weak
The approach fails to demonstrate an adequate
understanding of the project objectives and fails to address
adequately the main management and technical risks.
Resources are inadequate and or do not have the
appropriate skill levels.
1-4
Acceptable
The approach demonstrates an adequate understanding of
the project objectives and describes how the work would be
delivered to an acceptable standard with an experienced
and capable team. The approach covers the main
management and technical risks to an acceptable standard.
Resources are adequate and demonstrably have the
required skills.
5-7
Good
The approach demonstrates a good understanding of the
project objectives and the team have the capability and
capacity to undertake the work. It deals fully with the main
management and technical risks with mitigating actions
presented and provides evidence for delivering continual
improvement over the life of the project.
8-9
Excellent
The approach has been tailored specifically to suit the
project objectives, uses innovative approaches whilst
delivering the required standard of quality to deal
comprehensively with the main management and technical
risks, and is likely to maximise performance against Key
Performance Indicators and deliver continual improvement.
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10
February 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Table 3:
Marks awarded for Evidence
How well does the evidence from previous projects
Supporting
provide confidence that the proposed approach is likely
Evidence
to be successfully delivered?
Weak
There is little evidence that the proposed approach has been
influenced by experience on other projects
There is an adequate level of evidence that the proposed
Acceptable approach has been developed as a result of successful
experience on other projects
Mark
1-4
5-7
Good
There is substantial evidence that the proposed approach has
been developed from other projects using formal continual
improvement processes
8-9
Excellent
There is substantial evidence that the approach has been
developed using continual improvement processes, which are
routinely used to develop approaches and deliver the
objectives successfully on all projects.
10
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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Table 4: Assessment of the Quality Statement
Quality assessment criteria
Part A
marks
Part B
marks
Approach
on this
contract
Evidence
from past
projects
Lower
of Part
A and B
marks
1. Product
1.1 Identification of key HA Objectives
1.2 Selection and Provision of Resources
1.3 Meeting Task Objectives
2. Service
2.1 Management of External Relationships
2.2 Management of Internal Relationships
3. Right First Time
3.1 Preventing re-work & Avoiding Defective
work
4. Cost
4.1 Reliability of Forecasting & Estimation
4.2 Predictability of Cost
5. Time
5.1 Time Control & reliability of project
planning
5.2 Predictability of Time
Subtotal
Total mark (subtotal x 100 / 100)
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February 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Table 5: Relationship of delivery risk to Part A and Part B Marks
Minimal
Risk
10
Low
Risk
9
Evidence - Part B Marks
8
7
Medium
Risk
6
5
4
High
Risk
3
2
1
2
3
4
5
6
7
8
9
10
Approach - Part A Marks
This chart identifies the relationship between Part A and Part B marks, and the
perceived risk to the Highways Agency from a tender submission. A Mark is
awarded for the proposed approach given in Part A. Part B gives the level of
confidence that the approach set out in Part A will be delivered. Thus the Part A
mark is the highest that can be scored.
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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex F - Build up of staff rates
Post
Name
Cost of people
cost paid to people £
cost incurred in relation to people £
annual cost of people £
total annual hours of employment hrs
annual leave hrs
overtime worked hrs
annual hours available hrs
Hourly cost of people £
Office location
People working in Consultant's office
Hourly cost of people £
Office overhead %
Business overhead & profit %
Total rate local office
People working in HA Offices
Hourly cost of people £
Business overhead & profit %
Total rate HA office
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Office location
Office overhead
costs of office £
cost of people employed in the office £
office overhead %
Business overhead & profit
non-recoverable project costs %
accounting, HR and other support services %
R&D, training & marketing %
insurance %
finance and interest %
parent company contribution %
legal and other professional costs %
other costs %
profit %
%age addition
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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex G - Determination of Successful Tender
Worked Example
1.
Marking the Quality Statement.
The fictional example below, gives the marks awarded for Tenderer A in the
summary tables below.
Part A
marks
Part B
marks
Approach
on this
contract
Evidence
from past
projects
1.1 Identification of key HA Objectives
8
7
7
1.2 Selection and Provision of Resources
7
7
7
1.3 Meeting Task Objectives
8
5
5
2.1 Management of External Relationships
9
8
8
2.2 Management of Internal Relationships
8
7
7
8
7
7
4.1 Reliability of forecasting
8
7
7
4.2 Predictability of Cost
9
8
8
5.1 Control of time aspects
9
9
9
5.2 Predictability of Time
6
5
5
Quality assessment criteria
Lower
of Part
A and B
marks
1. Product
2. Service
3. Right First Time
3.1 Avoiding defective work
4. Cost
5. Time
Subtotal
70
Total mark (subtotal x 100 / 100)
70
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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
The tender with the highest total mark will be given a score of 100. The score of other
Tenderers will be calculated by deducting from 100 one point for each full percentage
point by which their mark is below the highest mark
Looking at five returned tenderers as an example the total quality marks and scores
were:
Tender
A
B
C
D
E
Scores
Quality
Statement
70
62
72
75
74
94
83
97
100
98
No Tenderer received below 60 marks so all are still in the running.
2.
Scoring the Financial Bid.
The lowest tender would receive a score of 100 and then the other totals will have
one point deducted for each percentage point by which the total exceeds that of the
lowest price marked. In this example, for the sake of illustration, A’s Financial bid is
lowest so it gets a top score, followed in order by E next, and B last (i.e. the highest
bid). The scoring procedure then applied gives:
Tender
A
B
C
D
E
3.
Value
£126,123
£156,844
£146,588
£138,752
£133,508
Score
100
76
84
90
95
Combining the Quality and Financial Marks
The quality and financial scores are combined on the ratio 70/30 and gives the
following result.
Tenderer
A
B
C
D
E
Quality Score
94
83
97
100
98
Financial Score
100
76
84
90
95
Combined
Score
95.8
80.9
93.1
97.0
97.1
So in this hypothetical example the Tenderer with the highest total combined score is
E (with a score of 97.1 out of a possible 100).
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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex H - key people schedule
Tenderers should identify the key people. The minimum period of availability of each key person must be stated.
A CV for each person should be included. The maximum length of CV is 2 sides of A4 paper. The CV should emphasise the key skills relevant
to this particular project.
Key people
Names
e.g. Joe Bloggs
Current Projects
individual is involved
with
(HA and Other Clients)
Average no. of
hours per
month
involved on
each project
with end date
HA - M1 J10 to J13
National Rail
ANO Client
300 - May-12
250 - Mar-12
130 - Sept 13
Issue 2 Revision 1
34
Total hours
for current
projects
Hours
available to
work on this
contract
Average no.
of hours per
month on
this contract
Availability
to work on
this contract
Commencing
Availability
to work on
this
contract
Finishing
Key
People?
(CVs to be
provided)
Y-N
680
520
February 2012
57
May-12
Jan-13
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex J –Fair Payment Charter
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Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex K – Anti Bribery Code of Conduct
Highways Agency Anti Bribery Code of Conduct
The Highways Agency, working with its suppliers in good faith and in a spirit of mutual
trust and respect, is committed to meeting the principles of anti bribery, as enacted in
the Bribery Act 2010 and Ministry of Justice guidance.
The Commitment
As a supplier to the Highways Agency we confirm that we will meet the commitments
set out below and will embed the principles throughout our supply chain.
1. We are committed to ensuring that our business operates with the utmost integrity.
2. We, and those employed by us will not:




Offer, promise, pay or provide bribes* to any person
Request, agree to accept or receive bribes
Offer hospitality to Highways Agency staff that would breach the
requirements of Annex 1
Commit any act of bribery that would cause the Highways Agency to be in
breach of any anti bribery laws
3. We are committed to having robust procedures and controls in place within our
business to minimize the risk of bribery with the aim of preventing bribery and confirm
that we:








Have a zero-tolerance of bribery offences throughout our organisation;
Conduct risk assessments to identify and monitor potential bribery risks;
Adopt due diligence measures to vet and approve third parties performing
services on our behalf;
Have clear, practical and accessible policies and procedures to address
potential risks of bribery, and to prevent bribery;
Provide education and awareness to all our employees on anti bribery
Have a mechanism in place to allow employees to report potential bribery
issues in confidence and have a process to deal with reports protecting the
reporting individual;
Deal effectively with any occurrences of bribery; and
Act at all times in good faith, impartially and in accordance with a position of
trust.
4. We agree to:


keep accurate and up to date records showing all payments made and
received and all other advantages given and received and permit the
Highways Agency to inspect those records as required; and
immediately notify the Highways Agency of any breach of paragraph 2 above.
* A bribe for this purpose being the provision of any financial or other advantage to
encourage or induce that person to perform their functions or activities improperly or
to reward that person for having already done so. Bribes can include money, gifts,
hospitality, entertaining, commissions, expenses, reciprocal favours, political or
charitable contributions, or any direct or indirect benefit or consideration.
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Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Company name
Representatives name
Signature
………………….
………………………….
……………………
Position
Date
…………………………..
……………………
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Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Annex 1
Offer no  Gifts other than low-value items such as diaries or calendars (up to £10 in value).
Calendars, diaries or other small items of office equipment may be offered and
accepted but the gift must bear the company's name or insignia and can
legitimately be regarded as being in the nature of advertising material

Benefits and/or hospitality such as cocktail parties and/or entertainment,
receptions, presentations and conferences; and also invitations to social, cultural
and sporting events

overnight accommodation and travel to and from a venue at which an event is
being held
Issue 2 Revision 1
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February 2012
Highways Agency
Model Consultancy Contract
Instructions for Tenderers
Project Contract - Cost Option
Highways Agency Anti Fraud Code of Conduct
The Highways Agency, working with its suppliers in good faith and in a spirit
of mutual trust and respect, is committed to working fairly, honestly and with
integrity and transparency. The Highways Agency does not tolerate any form
of fraud.
Fraud is a dishonest act, through false representation, failure to disclose
information or abuse of position, with the intent of causing a gain for self, or
loss to another.
Fraud does not necessarily result in direct or immediate financial benefit for
the individual(s) committing fraud but may cause a loss and/or a negative
reputational impact to another.
The Commitment
As a supplier to the Highways Agency we confirm that we will meet the
commitments set out below and will embed the principles throughout our
supply chain.
1. We are committed to ensuring that our business operates with the utmost
integrity.
2. We, and those employed by us, will not commit any fraudulent acts or
carry out any of the following acts which could amount to fraud including,
but not limited to:








Submission of false or inflated claims or invoices for payment or
reimbursement;
Intentional distortion of financial statements or other records;
False or fraudulent financial reporting or making false or fictitious
entries concerning accounts, equipment or supplies;
Forgery or alteration of any documents such as cheque, bank draft or
any other financial documents including destruction or removal of
records;
Impropriety in the handling or reporting of money or financial
transactions;
Theft or misappropriation of assets or funds;
Disclosure of confidential information to third parties without authority
for personal gain; and
The payment of excessive prices or fees where they are not justified.
3. We agree to:


Keep accurate and up to date records showing all payments made and
received and all other advantages given and received and permit the
Highways Agency to inspect those records as required; and
Immediately notify the Highways Agency of any breach of this Code.
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Highways Agency
Model Consultancy Contract
Company name:
Instructions for Tenderers
Project Contract - Cost Option
Representative’s name:
Signature:
……………………………………
………………………………………………………
....................................
Position:
Date:
………………………………………………………
....................................
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