Department for Infrastructure (NI) Water & Departmental Delivery Framework for Watercourse Maintenance Ref: T-1162 Pre-Market Engagement

Overview

1. INTRODUCTION 

Rivers is a directorate of the Department for Infrastructure. It is the statutory drainage and flood defence authority for Northern Ireland. Its aim is to reduce the risk to life and damage to property from flooding from rivers and the sea and to undertake watercourse and coastal flood management in a sustainable manner. Rivers Directorate vision is to manage flood risk to facilitate the social, economic and environmental development of Northern Ireland. 

As part of the Key Business Objectives, the Department carries out cyclical inspections to designated watercourses prior to their possible inclusion in the annual works programme. The timing of these inspections is dependent on the likely maintenance requirements, drainage impact and flood risk e.g. watercourses are generally on a six yearly inspection programme. Maintenance works identified during these inspections are programmed and are currently carried out by the Departments industrial staff, external contractors utilising an existing Term Service Contract, or by using site specific maintenance contracts.  

2. BACKGROUND 

Currently there are four seperate Measured Term Contracts (MTCs) for Watercourse Maintenance across the following contract areas:  

1.   WME1 (Eastern Region); 

2.   WMW1 (Coleraine) 

3.   WMW2 (Omagh); and 

4.   WMW3 (Fermanagh). 

These are due to expire in October 2026  

The form of contract presently utilised for these MTCs is the Infrastructure Conditions of Contract (ICC), August 2011 version with October 2011 amendments, plus Employer amendments. 

3. SCALE, SCOPE AND NATURE OF REQUIREMENT 

Scope 

The Department proposes to replace the current contracts with an NEC4 Framework will be used to support efficient procurement, contract flexibility, delivery resilience, and the establishment of best practice groups to support continual improvement and value for money.  The Framework will encompass five Measured Term Contracts (as set out in Figure 3.1 below) to deliver watercourse maintenance in the following Contract Areas: 

1.   WME1 (Armagh); 

2.   WME2 (Lisburn and Greater Belfast); 

3.   WMW1 (Coleraine); 

4.   WMW2 (Omagh); and 

5.   WMW3 (Fermanagh). 

Figure 3.1 Divisions and Contract Areas 

This arrangement involves the splitting of Eastern Region into two Contract Areas: WME1 (Armagh) & WME2 (Lisburn and Greater Belfast) thus increasing the current arrangement of four Contract Areas to five. 

Within each Contract Area, the works to be undertaken under this Contract may include, but not be limited to, the following Principal Work Activities which are provided by way of example: 

  A.   Maintenance of designated Watercourses; 

  B.   River Bank & Flood Defence maintenance and scrub clearance;  

  C.   Tree felling/removal; and  

  D.   Provision of labour/plant.  

Further ancillary works may be asked of the successful Supplier such as:  

  A.   Treatment of aquatic weed/invasive species.  

Within each Contract Area, the successful Supplier will be required to carry out any such works instructed by a Works Order, issued under the provisions of the Contract. Such works will require a standard of works delivery consistent with that defined in the Procurement Documents. Reimbursement to the successful Supplier for such works will be paid generally on the basis of an applicable Schedule of Rates and Prices (SoRP), adjusted in line with permitted price-fluctuation-factor provisions. 

For each Contract Area, it is likely that the successful Supplier will be required to work at more than one location at any one time in order to meet the requirements of the programme of work for each Contract Area. 

Successful Suppliers will be expected to have sufficiently skilled and available resources necessary to meet the requirements of such a programme and will be required to include in its rates and prices for the inevitable peaks and troughs that will be inherent in any such programme. Such peaks and troughs may result from a variety of circumstances, not all within the control of the Department.   

The financial limits for individual Works Orders under this Contract shall generally be between £1 – £250,000 GBP. 

Suppliers should be advised that the Department is under no obligation to issue any Works Order under the Contract. 

Framework Operation Description 

Five Measured Term Contracts (MTCs) covering five Contract Areas (Lots 1-5) will be awarded upon execution of the Framework.  All MTC Contracts will use the Infrastructure Conditions of Contract (ICC), August 2011 version with October 2011 amendments, plus Employer amendments. 

A Primary Supplier and Reserve Supplier will be appointed for each MTC Lot, as a result of the evaluation of the Framework tender submissions. The Primary Supplier will be required to carry out any such Works instructed by a Works Order, issued under the provisions of the MTC Call-Off Contract. 

Reserve Suppliers may be required to carry out work if the Primary Supplier’s MTC is suspended or terminated, or if Emergency Works or a Works Backlog cannot be delivered by the Primary Supplier due to performance or capacity issues. They may also be required when the Primary Supplier cannot meet the immediate response requirements for Emergency Works.

The Framework will apply market share limits (Framework Award Restrictions) to control how many Measured Term Contract (MTC) Lots any one Supplier can hold. These restrictions are designed to improve supply chain resilience, protect competition, and avoid over‑concentration of work.  It is proposed that a Supplier may hold a maximum of two Primary Supplier positions and no more than four total positions (Primary + Reserve).  There will be no restriction on how many Contract Areas a Supplier may tender for. 

The Framework will include additional Call-Off Procedures as summarised below: 

1. Replacement Contract Procedure 

Replacement Contracts are to be used when a Primary Supplier’s MTC is suspended or terminated. The Client allocates the Replacement Contract to the Reserve Supplier, provided they pass all exclusion checks (restrictions, compliance, performance) and have capacity to deliver. If the Reserve Supplier cannot be appointed, the Client works down the Lot rankings until a suitable Supplier is identified. 

2. Emergency Works Procedure 

Emergency Works are urgent activities required to address risks to safety, infrastructue or significant disruption. The Works Order is normally given to the Primary Supplier for the relevant Lot; however, if they lack capacity etc, the order is instead offered to the Reserve Supplier, provided they hold an MTC on another Lot and can respond immediately. If neither is suitable, the Client continues down the Lot rankings until a capable Supplier is found. 

3. Works Backlog Procedure 

A Works Backlog arises when Works under a MTC are not completed in required timescales and accumulate. When this occurs, the Client issues a Works Order Reallocation Notice, naming a supplier to undertake backlog work during a defined period. The Reserve Supplier is selected first, subject to exclusion checks and capacity, and if suitable, may receive a dedicated Works Backlog Contract; if not, the Client selects the next highest‑ranked supplier (or, if required, the geographically closest Primary Supplier). 

The duration of the Framework is four years. If the Contracting Authority is unable, for any reason, to award a new framework or to put in place an alternative regime to replace the Framework on its termination or expiry, it is proposed that any Call-Off Contract established under the Framework may be extended for a further period or periods up to a maximum of 12 additional months. 

Infrastructure 

Existing infrastructure consists of: 

• WME1 (Armagh) - 486,000m watercourse length;
• WME2 (Lisburn and Greater Belfast) - 648,000m watercourse length;
• WME3 (Coleraine) – 510,000m;
• WME4 (Omagh) – 480,000m; and
• WME5 (Fermanagh) – 450,000m.

Key deliverables for the works must include:

• The removal of materials and obstructions that restrict flow or reduce the hydraulic capacity of watercourses;
• The removal of silt and extraneous matter from the bed of watercourses;
• The removal of aquatic vegetation growing in the watercourse;
• Treatment of invasive species by spraying with approved chemical control;
• Scrub removal including hedge/bush and tree branch trimming located within or adjacent to a watercourse;
• Felling / Sectional Removal of Trees located within or adjacent to a watercourse;
• Grass cutting/flail mowing of riverbanks; and
• Dayworks as designated by the Departments representatives to include plant and labour.

Timescales 

The indicative procurement timings are as follows: 

Objectives of the Market Engagement Exercise 

The objectives of this exercise are to: 

• gain initial supplier awareness, engagement and opinion. 

• provide confidence around viability of concept. 

• gain insight to the market possibilities and potential innovative solutions. 

• understand risks and issues not previously considered. 

• inform the Business Case.  

• inform the Procurement Strategy; and  

• prevent the Department from advertising an unachievable project. 

Approach to the Market Engagement Assessment 

As part of the preparation, the Department for Infrastructure is running a Pre-Market Engagement exercise and is inviting suitably qualified and experienced bidders who may have an interest in this project to complete the attached questionnaire at Appendix A to assist the Department gain a better understanding of the feasibility of their requirements, the most appropriate approach, the capacity of the market to deliver and any possible risks or issues that may not have previously been considered. 

In responding, you should understand that detailed and lengthy submissions are not necessary at this stage. Nonetheless, we welcome any pertinent information on your company’s capability and views on an approach to the provision of a range of required services. 

Respondents’ views or submissions will not be individually identified or revealed to third parties.  All information provided in this exercise will be treated in confidence and will NOT be considered in any future tender evaluation exercise.  Information gathered will be used in the development of a business case / tender on the most suitable approach to meeting the operational and management needs of the Department. 

Any information provided in response to this pre-market engagement exercise marked as commercially sensitive will be treated as such. Participants are asked to identify any of the information supplied during this exercise which should not be disclosed because of its sensitivity. In doing so participants must specify the reasons for its sensitivity and specify the period for which the information will remain sensitive.  

The Department for Infrastructure will endeavour to consult with a concerned participant about sensitive information before deciding on any Freedom of Information requests received. The final decision on any Freedom of Information request rests with the relevant public body, subject to applicable law.  

Participants should seek their own legal advice on the application of Freedom of Information legislation. The Department for Infrastructure will consider statements of confidentiality and commercial sensitivity that are provided by participants.   

This document sets out the objectives of the exercise, provides background information and outlines the scope of services to be provided by prospective suppliers. Any submission received in response to this exercise will not constitute any contractual agreement between the respondent and the Department for Infrastructure. 

Interested parties shall bear their own costs of participation in this pre-market engagement exercise of whatever nature. The Department for Infrastructure shall not be liable for the costs, expenses or losses howsoever arising (including, without limitation, any loss of profit or other economic loss incurred) regardless of the outcome of the pre-market engagement exercise. 

The next stage in the process will be to initiate the procurement of the Framework which is anticipated to commence March 2026, subject to Department business case approval and funding avaliablity. 

Meetings 

In addition, the Department may wish to request respondents attend a follow up meeting to the questionnaire. This may be in person or online. 

4. INSTRUCTIONS FOR RESPONDING TO THE QUESTIONNAIRE 

Interested parties are requested to complete this questionnaire and return it by 23:59pm on Friday 6th March. 

• Any requests for clarification relating to this exercise must be communicated  via email to TRAMprocurement@infrastructure-ni.gov.uk