Renewed Property Contracting Arrangements Briefing

1. Renewed Property Contracting Arrangements Briefing

2. Before we start make sure you have • Pen and paper • A copy of this form:https://staff.devon.gov.uk/mpa_log_in_sheet_v5.xls • Approximately 1 hour of time • It will also be useful to have your logon details to the new database

3. The Two renewed Arrangements – Starting 01/04/12 • The Maintenance Panel Arrangement (MPA) For Works up to £5,000 in value • The Standing List of Approved Contractors (SLoAC) For works from £5,000* to £1million in value *Less than £5000 if specialist works

4. Webinar Agenda • Benefits of renewed arrangements • Health & Safety advantages of new arrangements • Main provisions of the MPA & SLoAC arrangements • Selection of Contractors and Use of Electronic Contractor Lists • Management of Contractor Performance • Demonstration of new database

5. To deliver what EVERYONE wants • Value for Money from Contractor • Clear & Simple Charging Mechanism • Safe Working • Properly Set Up Arrangements • Reliability • Good workmanship

6. All Contractors have been Pre Vetted – 01 • Health & Safety Accreditation • Satisfactorily Insured – Public Liability & Employee Liability • Suitable Worker Accreditation • Financially Sound • Established business with a track record of doing the work they are listed for

8. All Contractors have been Pre Vetted – 02 • Businesses registered with HM Revenue & Customs • Good or Excellent References • Compliance with ethical business practices • Have no history of criminal offences or unacceptable health & safety breaches • The significant majority of work will be delivered by own workforce • If provide Emergency Service they can deploy within 2 hours • Environmental Standards if Exor Gold (Over £15,000)

9. All Contractors have been Pre Vetted – 03 Additional Items • CRB/PVC Screened Staff – can be requested from certain contractors – MPA & SLoAC • ISO 9001 Quality Management System – certain contractors identified as having ISO 9001- SLoAC

10. Ongoing Screening of following will be carried out by Exor:- • Health & Safety accreditation • Operative Accreditation • Financial Stability • Insurance Cover • Plus a range of others.

11. Maintenance of Good Quality Contractors • Performance of Contractors will be managed via a review of “user satisfaction surveys” & spot checks • Good Performance Management can only be achieved by users scoring contractors performance • Poor scores will identify contractors who need to contacted and advised to improve or removed • Good scores will identify contractors who will receive a “Good Contractor Award” and will be flagged as such in contractor listings.

13. The importance of Health & Safetyaccreditation • Protection of – staff, service users, contractors & public • Moral Duty • Legislative need • Health & Safety at Work Act • CDM 2007 – Construction (Design & Management) Regulations 2007

14. CDM 2007 requires that all “clients” (effectively a person who commissions construction works and the vast majority of maintenance work) is required to ensure that “competent” contractors are used to carry out works.

15. Contractor competency is assured by the following :- • Only using contractors who have suitable Health & Safety Accreditation • Using suitably qualified operatives • Monitoring the performance of contractors on an ongoing basis

16. A key decision for premises managers that are not property professionals… • Am I capable, competent and confident to order, instruct & monitor the work from contractors ???

18. MPA Contractor Engagement Decision Tree Box 1 – Does the work involve • Potential to disturb asbestos • Hotworks – use of tar boilers/welders etc • Structural works • Planning / Building Control Applications • Working at Height • Work on property not owned by DCC • IF YES SEEK PROFESSIONAL ADVICE

19. MPA Contractor Engagement Decision Tree Box 2 – Does the work involve • The need for detailed technical specifications • The need for plans or technical drawing • A CDM Coordinator or Construction Health & Safety Adviser • IF YES SEEK PROFESSIONAL ADVICE

20. The 2 new contract arrangements 1. Work up to £5,000 – use of a Maintenance Panel Framework (MPA) 2. Work £5,000* to £1million – use of a Standing List of Approved Contractors (SLoAC) – Less than £5,000 if specialist works.

21. Electronic Listing of Contractors via the bespoke ePass system The data base provides a confidential list of all contractors available in your area and their rates, and by being listed assurance that all the appropriate competence checks have been done.

22. MPA (Maintenance Panel Agreement) Works up to £5,000 Provided via Schedule of Charges

23. Outline of ‘MPA - Maintenance Panel Agreement’ Works up to £5,000 • Contract period of 4 years (starting April 2012) • Break clause available after 2 years • Rates adjusted annually via agreed process • Detailed Contract Document setting out Terms and Conditions (This is not a searchable page) (http://www.devon.gov.uk/pcd_maintenance_useful_information)

24. MPA - Scope of New Contract – Work Categories • General Building Services • Electrical Services • Plumbing and Mechanical Services Plus 4 types of specialists • Roofing specialists, • Windows/Door specialists • Underground drainage specialists • Portable Appliance Testing (new to this year)

25. MPA Response Times Emergency – within 2 hours Normal – within 48 hours Planned – at mutually agreeable time

26. MPA Contractor Permissible Charges - Detail • Emergency & Out of hours call out fee (incl travel time & mileage & first hour on site) • Normal hours call out fee (incl travel time & mileage & first hour on site) • Charge for subsequent hours x different types of operatives • Net Cost plus 20% mark up for materials cost • Net Cost plus 20% mark up for plant costs • Net Cost plus 10% mark up for sub contract account

27. Schedule 4 – of MPA Contract Selection of Contractors by Premises Managers after the Maintenance Panel Agreement is in place. After a Premises Manager has assessed the urgency of work, they shall select a contractor based on:- • an assessment of overall best value taking into account the rates submitted by the contractor as contained in the Schedule of Rates provided via the Database; • whether the contractor is able to accept work within the required timescale; and • a contractors knowledge of the site maybe taken into account when selecting contractors (i.e. an electrician with a detailed knowledge of the site’s wiring) who may be able to carry out work in less time and this may provide overall best value; • where a Premises Manager has used a contractor and is dissatisfied with the overall quality of the service provided by the contractor to the extent that best value was not secured previously, then the Premises Manager may discount this contractor in the selection process and select the next best value contractor; • where operational or regulatory requirements determine that CRB/PVC vetted operatives are required this may provide the over-riding factor for selecting a contractor.

28. Selecting MPA Contractors • Best Overall Value • Next best contractor providing Best Overall Value if other not available • Operatives with knowledge of site therefore can provide best overall value via time saving • Best overall value discounting contractors that have previously been poor performers • Contractors that offer CRB cleared staff

29. KEY Sections of the MPA Contract for Users Section 8 – Working Hours (of Contractors) Section 9 – Response Times Section 10 – Schedules of Rates Section 11 – Payment of Invoices Section 12 – Access to premises Section 13 – Job Record Sheets Section 14 – Records & Information Section 15 – Resources & Standards Section 16 – Contractors Staff

30. MPA Contract – Sec 10 – Schedules of Rates • Application of Call Out Charges • Adjustments for Out of Hours Working • Works of more than one day • Working involving more than one operative • Calling out of additional operatives • Use of sub contractors • Charges for Materials/Plant/Sub-Contract

31. How we do it…

32. Job Record Sheet - 4 main purposes • Record of the Booking Details of the job • Operatives Sign In & Out & get works £estimate • Record Health & Safety Checks • Verify Job Tasks completed

33. Job Sheet H&S Questions – To do Job Safely • Competent Operative • Adequate planning/preparation time • Adequate supervision • Sufficient time • Necessary Information on job • H&S Information – e.g. Asbestos Register • Client & Contractor committed to cooperate • H&S compliant workplace • Adequate welfare facilities (e.g. toilets, washing facilities)

34. MPA Charging Contractors have been provided with the sample invoice shown. They are required to submit all invoices in this format

35. Annual Adjustment of Charges • Carried out annually in early April • Contractors may decrease rates as much as they wish. • Contractors may only increase rates up to the average change in trade based hourly rates as published by BCIS* • Users need to double check new rates are applied at correct times each April *For details see contract documents

36. SLoAC Standing List of Approved Contractors Works £5,000* to £1million ( * - less if specialist )

37. Outline of the Standing List of Approved Contractors (SLoAC) Work must be awarded subject to either quotes or tenders submitted for specific projects

38. SLoAC – Financial In respect of DCC • Works £5,000 - £50,000 – 3 or more contractors on DCC Standing List of Approved Contractors invited to provide written quotes (based on clients written specification and details) • Works £50,001 - £1million – 4 or more contractors on DCC Standing List of Approved Contractors invited to provide sealed bid tenders (based on clients written specification and details) • Award Criteria – When tender is released award criteria must be explicit e.g. Award entirely based on lowest price tender submitted.

39. CALLING OFF CONTRACTORS FROM SLoAC • Before sending requests for quotes or tenders from contractors – CHECK if contractors are happy to submit a quote or tender………………this avoids wasted opportunities

40. SLoAC - Key Features • List maintained for 4 years • List opened at DCC’s Discretion for new applicants • Withdrawal from the List • Suspension/removal from the List

41. SLoAC Work Categories

42. SLoAC Work Categories

43. Database Demonstration

44. More Help • Web. https://epass.exorms.net/login/login.cfm • e Mail – estates@devon.gov.uk • Telephone Helpline - 01392 382618