Framework Agreement for the Provision of Asbestos Surveying/Inspection, Testing/Analytical Services and Licensed Removal

Blaenau Gwent County Borough Council

Caerphilly County Borough Council

Monmouthshire County Council

Newport City Council

Torfaen County Borough Council

Bridgend County Borough Council

City of Cardiff Council

Merthyr Tydfil County Borough Council

Rhondda Cynon Taff County Borough Council

Vale of Glamorgan Council

Neath Port Talbot County Borough Council

City and County of Swansea

Carmarthenshire County Council

Pembrokeshire County Council

Ceredigion County Council

Powys County Council

Wrexham County Borough Council

Denbighshire County Council

Flintshire County Council

Isle of Anglesey County Council

Conwy County Borough Council

Gwynedd County Council

Open to all Public Sector Contracting Authorities upon discussion with the City and County of Swansea’

5.1. Direct Award – Up to 10,000

5.2. The Employer will have the option to direct award to the first ranked tenderer on the relevant lot/region. The Employer will select the Framework Contractor/Consultant to which an award is made by ranking the Framework Contractor/Consultant on the basis of the award criteria used when the Framework Agreement was concluded, i.e., the Most Advantageous Tender (MAT) will be ranked first.

5.3. In the first instance, the first ranked Framework Contractor/Consultant will be awarded the Call Off Contract. If the first ranked Framework Contractor/Consultant selected is unable, unreachable, or unwilling to perform the works, the Employer will go to the Framework Contractor which has submitted the next the Most Advantageous Tender (MAT), and so on.

5.4. The Employer will issue the Works Information / Specification to the identified Framework Contractor/Consultant outlining the scope of works/services to allow the Contractor/Consultant to evaluate a cost for the scheme which should be done using the submitted rates from the framework.

5.5. The maximum level at which direct award can be used will be up to a level of £10,000.00.

5.6. Following assessment of the direct award submission from the Contractor/Consultant, the Employer may request the Contractor/Consultant to enter a Contract with the Employer.

5.7. For the avoidance of doubt the Contractor/Consultant acknowledges that the Employer is under no obligation to procure any Works/Services from the Contractor/Consultant when requesting prices for a direct award.

5.8. The Employer reserves the right for any Call Off Contract offered via direct award to reject the Framework Contractor’s/Consultant’s offer if in the Employer’s opinion the Programme or Prices are unacceptable having regard to the Employer’s requirements or the content of the Works Information/Specification. In that event the Employer may offer the Contract to an alternative Framework Contractor/Consultant or conduct a mini competition.

5.9. The Employer may also reject a Framework Contractor/Consultant (and consider the next Most Advantageous Tender (MAT) Contractor/Consultant) if, on the basis of the information submitted by the Framework Contractor/Consultant, or on the basis of the Framework Contractor’s/Consultant’s previous performance, the Employer believes that the Framework Contractor is not capable of satisfactorily performing the Contract on any of the following grounds: -

5.9.1. Not having the necessary competence to perform the required works or services;

5.9.2. Not having the resources available to meet the Employer’s requirements in respect of the works;

5.9.3. Not being able to comply with the requirements of this Agreement.

5.9.4. Where a Framework Contractor/Consultant is no longer able to comply with the Framework Agreement then that Contractor will be terminated from the Framework Agreement.

5.10. If the Contractor/Consultant fails to demonstrate the appropriate quality standards of their work and there is no improvement after previous intervention from the Employer on three or more occasions the Employer will terminate the Contractor’s/Consultant’s Framework Agreement.

5.11. The Employer also reserves the right to undertake a mini competition, for reasons which may include but are not limited to:

5.12. if it is deemed that there is or is likely to be insufficient capacity to deliver the works/services

5.13. in response to a funding body requirement

5.14. where the Employer believes they will ensure genuine competition and best value for money is achieved

5.15. Where there is sufficient time in which the Employer can undertake a procurement exercise

6. Mini-Competition

6.1. The Employer reserves the right to undertake a mini competition exercise irrespective of the value for reasons which may include but are not limited to:

6.1.1. if it is deemed that there is or is likely to be insufficient capacity to deliver the works

6.1.2. in response to a funding body requirement

6.1.3. where the Employer believes they will ensure genuine competition and best value for money is achieved

6.1.4. where there is sufficient time in which the Employer can undertake a procurement exercise

6.2. The Employer shall invite all appointed Framework Contractors/Consultants from the relevant Lot to participate in the mini competition. Please note that at mini competition stage, the prices submitted shall not (without justifiable cause and prior agreement with the Employer) exceed the individual rates received at framework tender stage.

6.3. The Employer will prepare a works package that will include all relevant specifications/Works Information, drawings, PIP, pricing document and any other technical documents for the Call Off Contract and will issue to all Framework Contractors/Consultants on the relevant Lot. The submitted pricing document will be checked, and Contractors/Consultants will be ranked when considered in conjunction with all other bids received. In cases where a Framework Contractor/Consultant who ranks highest on the mini competition is unable or unwilling to perform the works, the Employer may select the next highest ranked contractor and so on.

6.4. The Employer may reject a Framework Contractor/Consultant (and consider the next the Most Advantageous Tender (MAT) Contractor/Consultant) if, on the basis of the information submitted by the Framework Contractor/Consultants, or on the basis of the Framework Contractor’s/Consultants previous performance, the Employer believes that the Framework Contractor/Consultant is not capable of satisfactorily performing the Contract on any of the following grounds: -

6.4.1. not having the necessary competence to perform the required works or services;

6.4.2. not having the resources available to meet the Employer’s requirements in respect of the works;

6.4.3. not being able to comply with the requirements of this Agreement.

6.5. Where a Framework Contractor/Consultant is no longer able to comply with the Framework Agreement then that Contractor/Consultant will be terminated from the Framework Agreement.

6.6. If the Contractor/Consultant fails to demonstrate the appropriate quality standards of their work and there is no improvement after previous intervention from the Employer on three or more occasions the Employer will terminate the Contractor’s/Consultants Framework Agreement.

6.7. The award of the contract on mini competitions shall be made on the most advantageous on the basis of Quality/Price. The Quality/Price ratio will be determined at allocation stage, and will be the most appropriate for that scheme. This will be determined by each individual Contracting Authority/Public Body. If deemed appropriate the project may be allocated 100% price with no quality.

7. Evaluation Criteria

7.1. Evaluation criteria for each mini-competition will be clearly provided in the documentation. For clarity further competitions may be evaluated by varying the original framework evaluation. Therefore further competitions may be evaluated using the following ranges as detailed below. This will be determined by each individual Contracting Authority/Public Body.

70% Price 30% Quality

60% Price 40% Quality

50% Price 50% Quality

40% Price 60% Quality

30% Price 70% Quality

100% Price

7.2. Please note that at mini competition stage, the prices submitted shall not (without justifiable cause and prior agreement with the Employer) exceed the individual rates received at framework tender stage.