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Highways Agency Contracts

On January 13, 2012, in Highways Agency, Highways Agency contracts, by PeterSilverman

This summary is taken from my report Motorway Cleaning –  Management Failings at the Highways Agency


The Contracts

The HA have two types of maintenance contract. The MAC (Managing Agent Contractor) contract and the DBFO (Design Build Finance Operate) contract.

The contractual obligations with regard to cleaning are referenced in the following documents. The key elements of which are summaries in each case:

Routine & Winter Service Code 2.17 -Sweeping & Cleaning MAC

Overall Requirement- a network free from litter, refuse and/or obstructions.

 A performance requirement to comply with the standard of cleanliness given in the EPA – Code of Practice on Litter and Refuse. 

For verges it says:

Standards to be achieved after sweeping and cleaning: Grade B (Predominantly free of litter and refuse apart from some small items)

Restore to clean from Grade C (Widespread distribution of litter and refuse with minor accumulations): 28 days.

 Network Management Manual – 3.14.1  MAC

The service provider is responsible for discharging the duties of the Secretary of State and must maintain the network clear of litter and refuse in a state of cleanliness as recommended by the EPA: Code of Practice.

Reference is made to the Code emphasising consistent and appropriate management to keep it clean rather than how often it is cleaned.

The service provider must adopt a proactive approach, programmed scavenges should be used as need dictates, together with black spot scavenges.

DBFO Contracts  DBFO

They simply say:

If and so long as required by the Secretary of State by notice to do so, the DBFO Co shall discharge in respect of the Project Road (or any part thereof specified by the Secretary of State) the duties of the Secretary of State under Sections 89(1) and 89(2) of the Environmental Protection Act 1990. In discharging those duties, the DBFO Co shall have regard to any codes of practice in force under Section 89(7) of such Act from time to time.


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