The HMEP: Standard Form of Contract for Highway Maintenance (Updated October 2016)

About The Standard Form of Contract for Highway Maintenance Services

The Standard Form of Contract is part of a suite of documents developed by the sector, for the sector that aims to provide local highway authorities with standard templates, flexible tools and clear advice to support them in the procurement of term maintenance contracts.

HMEP has developed a full range of documents to support the procurement of a term maintenance contract; from the OJEU notice, the Pre-Qualification Questionnaire, the Instructions for Tendering through to the contract documents themselves.

2015 and 2016 updates - what's changed?

Potential Users of the Standard Form of Contract documents should be aware that an update was carried out in July 2015 and then again in October 2016. This follows a review of previous documentation by a reference group drawn from local highway authorities, service providers and supporting organisations including ADEPT and HTMA, NEC and Thomas Telford Ltd reflecting and aligning to current thinking and recent developments within the highways sector. Changes include:
 
  • Standard Form of Contract (updated)
  • Price List (new)
  • Method of Measurement (new)
  • Notes for Guidance, now including Partnering Information (updated)
The Standard Specification and Standard Details, Official Journal of the European Union, Pre-Qualification Questionnaire and Instruction for Tender remain unchanged.
All documents are available to be downloaded from this section. Further developments, to be released shortly, include a procurement suite documents compiler package.

Our Frequently Asked Questions (FAQs) explain what has changed in more detail. Please download them  here

. If you need help, please email highwaysefficiency@dft.gsi.gov.uk.

The Standard Form of Contract

HMEP has completed its review of the HMEP Service Information as part of its ongoing update of its procurement products.  The new 2nd Edition changes the previous published format by creating generic Main Clauses, suitable for most contracts without alteration, and Schedules which will contain the Employer’s contract specific requirements and data.  This new format should make it easier to compile the Service Information and the content is aligned to the recently published HMEP Contract Data 3rd Edition.

The review of the HMEP Service Information has also led to minor changes being made to the HMEP Agreement and Contract Data since publication of the 2nd Edition in July 2015 so that the two documents are better aligned.  The new HMEP Contract Data 3rd Edition has been drafted with support from Thomas Telford with guidance from a review team comprising members of the Association of Directors, Environment, Economy and Transportation (ADEPT) and the Highways Term Maintenance Association (HTMA).  Please note that the Notes for Guidance which accompany the HMEP Contract Data have been temporarily withdrawn and are in the process of being updated to correspond to the latest update.  These will be reposted on the website in their updated form in the New Year.

TUPE is often a consideration for Employer’s and many negotiations with potential suppliers focus on the minutia of transfer terms.  With the support of the HTMA, HMEP has produced a TUPE template spreadsheet to aid the compilation of information for TUPE disclosures and discussions.  The spreadsheet is referenced in Schedule 1 – Annex 3 of the Contract Data and a copy of the TUPE Data Template can be downloaded below.

Please note that the HMEP Specification are also being reviewed and amended.  Updated versions of these will be published in the near future.

 The suite of documents comprises:

Contract Agreement and Data (PDF, 88pages, 1.88MB) (updated October 2016).pdf     

Contract Agreement and Data (DOC, 88pages, 1.22MB) (updated October 2016).docx    

Contract - Service Information (PDF, 50pages, 391KB)    

Contract - Service Information (DOC, 51pages, 1.76MB) 

HMEP-HTMA TUPE Data Template - Sept '15

 

Why the Standard Form of Contract is needed


Local highway authorities can spend considerable sums when procuring new or maintaining bespoke contracts, leading to high client and service provider costs.

Evidence from a survey conducted by HMEP survey with the highways sector (in 2011) suggests that costs of £100,000 or more, per authority per contract are not untypical. The effect on service providers is also detrimental, as they face many different contract forms, leading to uncertainty, increased bidding costs, and higher contract prices.

It is these substantial benefits which HMEP intends to unlock for the sector through a standardised procurement.
 

Access The Standard Form of Contract for Highway Maintenance Services

Read this first:

  

Notes for Guidance (PDF, 49pages, 1MB) (updated, July 2015)

The Standard Form of Contract for Highway Maintenance Services and range of supporting documents (first published by HMEP in February 2013, and updated in July 2015) are available to download on the HMEP website as follows:


The Official Journal of the European Union (OJEU)
Version 2 of the HMEP OJEU Notes for Guidance was published in July 2016.  The update followed publication of the Public Contract Regulations 2015.

OJEU is the publication in which all tenders from the public sector which are valued above a certain financial threshold must be published. The documents below provide the OJEU form with notes for guidance on its completion for highway maintenance services.

Official Journal of the EU - Procedures - Notes for Guidance (PDF, 56pages, 444.5KB)   Official Journal of the EU - Procedures - Notes for Guidance (DOC, 56pages, 1.20MB)



The Pre-Qualification Questionnaire (PQQ)
Important Notice: Review of the HMEP Pre-Qualification Questionnaire (PQQ) - July 2016
HMEP has completed its review of the HMEP PQQ and updated its guidance following the publication of the Public Contract Regulations 2015. However, HMEP is aware that PAS91 is also being updated and due for release imminently. HMEP has therefore decided to delay publication of its updated guidance until it has been reviewed against PAS91:2016.   


The PQQ is based on PAS91 and guides clients on the questions that can help determine who should be invited to tender and how to score their responses.

Two versions are available; the first is the complete document with notes for guidance (in [Word - KB] and pdf forms).
The second has the guidance notes removed, but you can add details of your own procurement (in [Word - KB] only).

Pre-Qualification Questionnaire - Guidance (PDF, 73pages, 592KB)   Pre-Qualification Questionnaire - Guidance (DOC, 73pages, 2.09MB)   Pre-Qualification Questionnaire - Form only (DOC, 50pages, 705KB)



The Instruction for Tenderers (IfT)
Version 2 of the HMEP instructions for Tenderers Notes for Guidance was published in July 2016.  The update followed publication of the Public Contract Regulations 2015.

The Instructions for Tender (IfT) is based on the latest Highways Agency version with associated notes for guidance enabling you to invite tenderers. As with the PQQ, the document is available as both a complete package and a separate document for editing and issue.

Instructions for Tenderers with guidance notes (PDF, 50pages, 1.16MB) (updated July 2016).pdf Instructions for Tenderers with guidance notes (DOC, 50pages, 809KB) (updated July 2016).docx

 

Instructions for Tenderers - Template Form only (DOC, 43pages, 809KB) (updated July 2016).pdf Instructions for Tenderers - Template Form only (DOC, 43pages, 1.19MB) (updated July 2016).doc



The Standard Form of Contract
HMEP has undertaken a review of the HMEP Service Information as part of its ongoing update of its procurement products.  This has led to minor changes being made to the HMEP Agreement and Contract Data since publication of the 2nd Edition in July 2015 so that the two documents are better aligned.  The new 3rd Edition, has been drafted with support from Thomas Telford with guidance from a review team comprising members of the Association of Directors, Environment, Economy and Transportation (ADEPT) and the Highways Term Maintenance Association (HTMA). 

Please note that the HMEP Service Information and Specification are also being reviewed and amended.  Updated versions of these will be published in the near future.

The suite of documents comprises:

Notes for Guidance (PDF, 49pages, 1MB) (updated, July 2015)     Notes for Guidance (DOC, 49pages, 1.3MB)(updated, July 2015)     Contract Agreement and Data (PDF, 88pages, 1.88MB) (updated October 2016).pdf   Contract Agreement and Data (DOC, 88pages, 1.22MB) (updated October 2016).docx   Contract - Service Information (PDF, 50pages, 391KB)   Contract - Service Information (DOC, 51pages, 1.76MB) The Form of Contract for Highways Maintenance Services (PDF, 129 pages) (Updated October 2016) The Form of Contract for Highways Maintenance Services (DOC, 88 pages) (Updated October 2016)


Price List
The Price List, published in July 2015, offers a consolidated list of items (around 2,000) comprising those most frequently used by local highway authorities when ordering and undertaking term service activities. The form of the HMEP Price list follows the standard headings in table format. Flexibility is maintained within the schedules of the HMEP Price List enabling agreement of rates and prices for new items based on the rates of similar items when priced at tender. A distinction has also been made between those Series that are generally ‘Core’ to highway maintenance service delivery and those Series that can be used as an Alternative or which are Optional.

Price List (new, July 2015)

  
Method of Measurement
The Method of Measurement, pulished in July 2015, supports the Price List by offering new definitions, units of measurement, measurement rules and item coverage where none exist currently within Volume 4: Bills of Quantities for Highway Works, published by the Department for Transport. The Price List and Method of Measurement are intended to be used in parallel.

Method of Measurement (PDF, 191pages, 3.3MB ) (new, July 2015) Method of Measurement (DOC, 191pages, 3.1MB) (new, July 2015)


Links to the HMEP Standard Specification
It is intended that the suite of documents be used in conjunction with the HMEP Specification and Standard Details when procuring Term Service Contracts. These documents are available here.


Webinars
A webinar on the Procurement, Contracting & Standardisation products is available here or from the HMEP you tube channel. The webinar’s use is aimed at local highway authorities who are about to procure new term service or other highway maintenance contracts.

Connect and Share

HMEP invites local highway authorities and their providers to connect and share their practices of ‘what works’ across the sector.

Connect with fellow professionals from across the highways sector and access real examples that can help ignite ideas.

Share your ‘real life’ efficiency practices, stories and experiences; to help other people, organisations and networks achieve greater efficiency.
 

 

 Join our HMEP Linked In group

See also...


Receive HMEP updates

To receive an email alert about the latest news and updates on the programme, send an email to highwaysefficiency@dft.gsi.gov.uk with the subject 'Updates' and you'll be added to the email circulation list.