Highways Agency

• 1 introduction
• 3 the principles of the dbfo contract
• 3 the principles of the dbfo contract
• 4 payment mechanism
• 5 technical requirements
• 6 timetable and procedure
• 7 prequalification assessment
• 8 information required from candidates for prequalification
• 9 responses and enquiries
• Appendix a a249 stockbury (m2) to sheerness dbfo project
• Appendix b payment mechanism
• Appendix c
• Appendix d draft agreement summary

A249 Stockbury (M2) to Sheerness DBFO Contract

A249 Stockbury (M2) to Sheerness DBFO

2 The DBFO Project

2.1 Candidates are invited to make a prequalification submission in respect of the Project, which includes about 17km of Trunk Road and a Firm Scheme. Details of the Project are contained in Appendix A.

2.2 The A249 Iwade Bypass to Queenborough Improvement within the Project was subject to the Strategic Roads Review in 1997, upon which the Department of Environment, Transport and the Regions' "A New Deal for Trunk Roads in England" reported. The five criteria of assessment were environmental impact, safety, economy, accessibility and integration, and this scheme was identified in the Targeted Programme of Improvements (TPI) as delivering clear benefits against these criteria.

2.3 Policy Initiatives

2.3.1 Tenderers shall familiarise themselves with the documents referenced in Appendix C.

2.4 General

2.4.1 Specific details of the new scheme within the Project, including key features and primary objectives, will be set out in the Tender Invitation Documents together with details of the extent of the related existing roads which the DBFO Co will manage and maintain. These details will be supplemented by information deposited in a data room, which will be made available on CD-ROM or an extranet web site.

2.4.2 The DBFO Co shall prepare rolling 5 Year Management Plans which set targets for improving performance in the management and operation of the Project Road and in the level of service provided to users. It should also take into account any subsequent schemes. These plans shall reflect contemporary policy and objectives in respect of the Trunk Road network and be in accordance with contemporary good industry practice.

2.4.3 The DBFO Co shall be required to include proposals for Sustainable Development in its 5-Year Management Plan, as follows:

• Sustainable Development describes the need to balance the objectives of:
  • effective protection of the environment;
  • prudent use of natural resources;
  • maintenance of high and stable levels of economic growth and employment; and
  • social progress which meets the needs of everyone.
    
    
• The Plan will be introduced into the DBFO Contract in order to:
  • stress the importance of Sustainable Development in all aspects of highway construction, maintenance and operation; and
  • emphasise that the importance of Sustainable Development will grow over the duration of the DBFO Contract and to advise that the DBFO Co will be required to demonstrate performance against agreed targets using a set of indicators. (The indicators from CIRIA report C563 Sustainable Construction; Company Indicators are being used as a benchmark).
    
    
• The DBFO Co will be required to submit proposals on how Sustainable Development can be successfully introduced including involvement with all relevant Interested Parties. Such proposals should also:
  • demonstrate the DBFO Co's commitment to Sustainable Development;
  • demonstrate the DBFO Co's understanding of the benefits that utilising Sustainable Development principles can bring to the DBFO Contract, including its overarching integration of economic, social and environmental considerations; and
  • identify the steps necessary to implement Sustainable Development principles in the DBFO Contract.
    
    

2.4.4 The Agency wishes to encourage innovation by the DBFO Co in the formulation of its proposals for design and construction. The DBFO Co will be encouraged, over the life of the DBFO Contract, to submit proposals for cost-effective schemes, which offer an increased level of service to the public and assist in the achievement of policy objectives. Such proposals are expected to be wide-ranging. These may, for example, offer improvements in noise pollution levels or promote integration between different modes of transport.

2.5 Design Aspects

2.5.1 Where there is an existing design for a new section of road prepared by agents for the Agency, this will be provided to Tenderers. The Agency's standards and third party requirements, existing at the time the design was prepared, have been used in preparing any such existing design. Geological information used in design development so far has been collated from site investigations and Tenderers will be given access to all such available information.

2.5.2 The design adopted for the DBFO Contract will be the responsibility of the DBFO Co. The DBFO Co will be responsible for developing this design in accordance with current Agency standards or their equivalent. The DBFO Co will be responsible for carrying out the required third party consultations and developing the design to comply with their reasonable requirements.

2.6 Safety

2.6.1 The Agency has published its strategic plan for safety, "Making the Network Safer". This is to contribute to the Government's target of reducing casualties on the road network. The DBFO Co will be responsible for developing and promoting ways of reducing accidents and improving safety for all road users within the Project.

2.7 Environmental Aspects

2.7.1 The Agency has developed its own Environmental Plan 'Towards a Balance with Nature', within the framework of the Government's Integrated Transport Policy as set out in the White Paper "A New Deal for Transport: Better for Everyone". The Strategic Aim of the plan is to contribute to Sustainable Development by maintaining, operating and improving the Trunk Road network in support of the Government's integrated transport and land use policies. The specific key environmental objective is to minimise the impact of the Trunk Road network on both the natural and built environments.

2.7.2 The DBFO Co will be required to develop and implement management, maintenance and improvement plans that contribute to the Agency's Environmental Plan objectives.

2.7.3 Extensive environmental appraisal has been undertaken by the Agency and incorporated in the Environmental Statement submitted to Public Inquiry. The scheme has been authorised in the light of this Statement.

2.7.4 The DBFO Co will have to ensure that its proposals for the environmental aspects of the design and its implementation have been reviewed and dealt with appropriately thereby discharging both itself and the Agency of all legal requirements concerning these issues.

2.8 Liaison with Third Parties

2.8.1 The Agency considers the manner in which the DBFO Co deals with affected parties and the travelling public to be of key importance. The DBFO Co will be required to liaise with numerous third parties that may be affected by the construction of the new road and its offsite facilities and by the operation of the whole Project.

2.8.2 The DBFO Co shall liaise with the operators of the National Road Telecommunication Services Project, responsible for the operation, maintenance, modernising and extending of the motorway and Trunk Road telecommunications network in England. The DBFO Co shall also liaise with Traffic Information Services Ltd, the company awarded the contract for the National Traffic Control Centre Project, to deliver accurate and relevant traffic information services for road users and traffic operators.

2.8.3 The DBFO Co will need to work with the police and Relevant Third Parties to ensure that traffic management schemes incorporate effective measures to reduce associated traffic delay, traffic congestion and improve road safety.

2.8.4 During the Tender Period, the Tenderers will be required to meet all costs associated with meeting with, and obtaining information from, third parties. Following Contract Award, the DBFO Co will be responsible for further liaison with such parties throughout the life of the DBFO Contract and all associated costs.

2.9 Statutory Matters

2.9.1 An Order under Section 1(5) of the Local Authorities (Goods and Services) Act 1970, the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) Order 1996 - SI 1996 No 342, classifies DBFO contractors as public bodies capable of employing a local highway authority, provided that the proposed sub-contract is competitively awarded and has a duration not exceeding five years.

2.9.2 The Draft Agreement has been prepared on the basis that the DBFO Co will be authorised pursuant to the Contracting Out (Highway Functions) Order 1995 to exercise certain of the functions of the Secretary of State which are set out in that Order.

2.9.3 The current maintenance arrangements for the existing road will be specified in the Tender Invitation Documents. These arrangements will be terminated when the DBFO Co becomes responsible for the operation and maintenance of the Project Road. It is for Tenderers to assess what, if any, consequences this may have under the Transfer of Undertakings (Protection of Employment) Regulations 1981. The DBFO Co will be entirely responsible for bearing any costs, expense or liability which may arise as a result of the application of these Regulations.

2.9.4 SI 1996 No 342 has been amended by SI 1997 No 849 which came into force on 8 April 1997. The effect for future DBFO contracts is the widening of the definition of DBFO contractors, allowing a local highway authority to sub-contract with a DBFO contractor's own sub-contractor.

2.9.5 SI 1997 No 850, which also came into force on 8 April 1997, allows similar sub-contracting arrangements for Litter Authority Duties.