Guidance Notes

This guidance note presents an overview of the Capital Works Management Framework and the four pillars that are the key components of it.

GN 1.0 – Introduction – v1.1 21/01/19

This guidance note gives an overview of the project management structures that are required, the processes and procedures that need to be followed, and the contracts and templates to be used in the delivery process of a works project. The main areas covered by Project Management (GN 1.1) include the following:

• The content of the Project Execution Plan, including a sample plan
•  A description of the main project roles and responsibilities involved in the project process – including management, design teams; and other technical expert roles
• An overview of the main project processes and the stages that a project goes through after approval in principle – i.e. Planning Initial, Planning Developed, Implementation and Post-project Review stages
• A description of the risk and value management strategies that may be applied to public works projects

GN 1.1 – Project Management – v1.0 28/07/09

GN 1.1.1 – Building Control – v1.0 06/03/14

 

As a result of a tightening market for Professional Indemnity Insurance (PII), some firms are unable to meet the long-established PII requirements in the procurement templates published under the Capital Works Management Framework (CWMF), and thus are unable to participate in public procurement competitions.

In response to these changed market conditions, a range of amendments to the procurement templates in the CWMF has been undertaken and which are
summarised in Circular 05/2022 – Construction Procurement Reform – Revised Guidelines for Professional Indemnity Insurance Levels in Public Works Projects. This note provides details on the amendments and highlights further  measures that contracting authorities should take to address the impact that these changes will have on their procurements.

The note also provides guidance on the steps to take in the event that a
consultant or contractor, already engaged on a contract or is a participant under a framework agreement, is unable to maintain the level of PII cover that they are obliged to maintain under that contract/framework agreement.

It is important that contracting authorities comply with the provisions set down in this note, the amendments to other relevant guidance and take note of the changes in the CWMF template procurement documents. Where a contracting  authority departs from the relevant guidance, the rationale for so doing must be recorded.

This guidance will be kept under review and may be amended subject to further developments in the PII market.

GN 1.1.2 – Professional Indemnity Insurance – v1.1 02/10/23

This guidance note explains the process that should be used to define precisely the output requirements of a project in the Definitive Project Brief. The project definition is the first exercise undertaken in the Planning Initial stage . The project definition covers a range of activities that have as their end goal the comprehensive description of all project requirements. These activities are carried out in a systematic, rigorous and formal manner, and lead to definition of the ultimate outcomes in the form of the Definitive Project Brief:

• Step 1: Preliminary Project Brief
• Step 2: Preliminary Output Specification
• Step 3: Feasibility Study / Preliminary Report
• Step 4: Design Brief
• Step 5: Final Output Specification
• Step 6: Definitive Project Brief

GN 1.2 – Project Definition & Definitive Project Brief – v1.0 28/07/09 

This guidance note explains the structure and format of budget estimates for public works projects. It covers such issues as:

• The development of a budget for the capital cost of a project and budget costs for other issues associated with the provision of a facility
• Allocating contingency amounts for inflation and other unquantifiable events

GN 1.3 – Budget Development – v1.0 28/07/09 

This guidance note provides guidance on procurement strategy and on the selection of the most appropriate Public Works Contract to use to deliver a particular project.

GN 1.4 – v1.2 04/09/18 

This guidance note provides practical advice to Employers to help them administer the construction phase of a project in accordance with the provisions in the public works contracts including details of the key elements of Public Works Contracts and the characteristics of the different types of contract.

GN 1.5 – Public Works Contract – v2.1 28/06/16 

This guidance note outlines the procurement and related issues to be considered by the Employer in preparing the tender documents. The issues will vary depending on the procurement strategy and contract type adopted by the Employer.

GN 1.5.1 – v1.2 29/07/21 

This guidance note provides advice on the operation of the Price Variation clause in Public Works Contract forms PW-CF1 – PW-CF6

GN 1.5.2 – v1.2 24/07/23

The Purpose of this guidance note is to give guidance on the use of a pricing document when using the Public Works Contract. The term Pricing Document in the context of the Public Works Suite of Contracts is a collective term for documentation that:

• enables the Employer to prescribe to prospective tenderers the format into which the tenderer’s lump-sum price is to be broken down and what other detailed tender cost information is required
• facilitates the assessment of submitted tenders
• after an award is concluded, is used in administration of the Contract,the valuation of work done and Compensation Events that may arise during the course of the work

GN 1.5.3  – v1.3 revised 27/09/22 

The purpose of this guidance note is to provide Contracting Authorities and Contractors with guidance on the Covid-19 Mandatory Closure clause (‘Covid-19 clause’) in the Public Works Contracts. This guidance note should be read alongside both the Covid-19 clause and the Site Closure Costs Supplement.

GN 1.5.4 – v1.0 29/07/21 

This guidance note provides guidance in relation to the appointment of technical consultants for all stages of the project delivery process including those for the planning, design and supervision stages of construction projects. It covers the following:

• The procurement procedures available and which one to choose
• The tender process, including how to prepare tender documents, invite submissions and evaluate responses
• Details relating to the Standard Conditions of Engagement for Consultancy Services (Technical)
• Calculating fee adjustments

GN 1.6  – v1.2 17/01/12 

This guidance note deals with suitability assessment under the restricted procedure for pre-qualification of Service Providers. Topics include:

• Key concepts of suitability assessment
• The tasks and forms required to assess service providers
• Determining which criteria to use and how to devise the marking scheme
• How to complete each section of the suitability questionnaire;
• Evaluating health and safety compliance
• Evaluating the responses to the questionnaire

GN 1.6.1 – v1.1 17/01/12

This guidance note deals with suitability assessment under the open procedure to establish eligibility of Service Providers to have their tenders evaluated. Topics include:

• Key concepts of suitability assessment
• The tasks and forms required to assess service providers
• Determining which criteria to use and how to devise the marking scheme
• How to complete each section of the suitability questionnaire
• Evaluating health and safety compliance
• Evaluating the responses to the questionnaire

GN 1.6.2 – v1.2 17/01/12

GN 1.6.3  – v1.0 16/07/13 rev

GN 1.6.4 – v1.0 31-03-2023

 

This guidance note provides practical advice on how to complete the Schedule to the Conditions of Engagement for Consultancy Services (Technical).

GN 1.7 – v1.0 28/07/09 

This guidance note deals with all events that take place during the design process for both building and civil engineering projects. It deals with the role of design in both traditional (Employer-designed) projects and in design-and-build (Contractor-designed) projects. In the case of the latter, it highlights that much or all of the design is carried out by the Contractor; as a result, the guidance note is less specific about design where the design risk is transferred to the Contractor. The guidance note covers the following topics:

• Concepts and considerations during the design process
• Details of how design is managed and coordinated
• Details of the design activities that take place during the Planning Initial stage
• Details of the design activities that take place during the Planning Developed stage

GN 2.1 – Design Development Process – v1.0 28/07/09 

This guidance note sets out best practice on how to plan and control capital budgets for public works projects, both building and civil engineering, through all stages in the design process. It covers:

• The principles of cost planning and cost control of capital budgets
• The practical application of those principles during design development
• Whole-life cost appraisal
• How to manage corrective action and change control
• Risk management tasks in relation to planning and control of costs

GN 2.2 – Planning and Control of Capital Costs – 29/09/11 

This guidance note provides advice on the procurement process used for Works Contractors for both building and civil engineering projects. It covers the following:

• Preparing tender documentation
• Inviting tender submissions
• Evaluating tender submissions and awarding the Contract

GN 2.3 – v1.4 28/03/23 

This guidance note deals with the restricted procedure to establish suitability of Works Contractors to be included on a tender list. Topics include:

• Key concepts of suitability assessment
• The tasks and forms required to assess main contractors and their specialists
• The tasks and forms required to assess main contractors without specialists
• The tasks and forms required to assess Specialists that are to be proposed in a panel(s) in tender documents
• Determining which criteria to use and how to devise the marking scheme
• How to complete each section of the suitability questionnaire
• Evaluating health and safety competence and compliance
• Evaluating the responses to the questionnaire

GN 2.3.1 – v1.1 17/01/12 

This guidance note deals with the use of Random Selection as a means of short listing Works Contractors who may subsequently be invited to participate in a tender competition.

This method of short listing is an alternative to the marking arrangement for short listing Contractors as set out in Guidance Note 2.3.1 under the Capital Works Management Framework (CWMF). It does not replace the marking method , it is an alternative and is been added to the CWMF so as to increase the number of options available to Contracting Authorities involved in short listing Contractors under a restricted procedure.

This guidance note will be fully integrated as a separate document into the CWMF in due course.

GN 2.3.1.1 – Random Selection – v1.0 11/11/09 

This guidance note aims to assist contracting authorities structure and run their competitive processes for public contracts in a manner that facilitates increased participation by SMEs, while they continue to ensure that all public sector purchasing is carried out in a manner that is legal, transparent, and secures optimal value for money for the taxpayer.

GN 2.3.1.2 – v1.2 01/02/11 

Reconciliation of appendices in GN 2.3.1.2 and QW1, QW2 and QW3 (Open, Restricted Procedure)

GN 2.3.1.2.1 – v1.0 30/09/10 

This guidance note sets out the task of establishing Minimum Standards for Suitability Criteria for Works Contractors. The template is based on the selection criteria as set out in EU Directives. Its objective is to ensure that thresholds for Suitability Assessments are set proportionate to the size, nature and complexity of a project.

GN 2.3.1.3 – v1.1 01/05/13 rev

This guidance note deals with the open procedure to establish the suitability of Works Contractors to determine which tenders are eligible to be evaluated. Topics include:

• Key concepts of suitability assessment
• The tasks and forms required to assess main contractors and their specialists
• Determining which criteria to use and how to devise the marking scheme
• How to complete each section of the suitability questionnaire
• Evaluating health and safety compliance
• Evaluating the responses to the questionnaire

GN 2.3.2 – v1.1 17/01/12 

This guidance note deals with the manner in which specialist works contractors are to be engaged under the suite public works contracts.

GN 2.3.3 – v1.1 30/03/16 

Please note that GN 2.3.4 Tender Price Indexation: Calculation, Notification and Application does not apply to forms of public works contracts PW-CF1 to PW-CF6 published on or after 17th July. It is applicable only to those forms of contract with a publication date of 22 January 2022.

The Guidance note is now in the Archive section 

The forms of public works contracts PW-CF1 to PW-CF5, published on 17 July 2023 and PW-CF6 to PW-CF8, published on 19th July 2023 contain a new clause entitled “Limit on Liability”.

This guidance note describes the operation of the Limit on Liability Clause and provides guidance on how to arrive at an appropriate amount for the Liability Cap.

GN 2.3.5  – v1.0 20/07/23

 This guidance note provides guidance on the Implementation stage of building and civil engineering projects. It covers:

• The main roles and responsibilities of the Employer and the Employer’s Representative and the Contractor
• The management process for administering the Public Works Contract during the construction stage of a project
• How to manage risk during implementation
• Dealing with price variation issues as they arise during the contract
• The project completion and handover process

GN 3.1 – Implementation Process – v1.1 29/07/21

The purpose of this guidance note is to provide guidance on dispute resolution when using the Public Works suite of Contracts. This document sets out the various dispute resolution mechanisms available for use under the Public Works Contracts and how a dispute can flow through different processes to its ultimate resolution.

GN 3.1.1 – Dispute Resolution – v1.1 28/06/16 

This guidance note gives an overview of the review that is carried out on a project after the facility has been completed and handed over. This is the final stage of the management of a capital works project and it covers a range of activities that have as their end goal the comprehensive collection of project data recorded in an appropriate format so that it can be of benefit on future projects. The following types of material might be found in a review:

• Records of lessons learned from experience during the planning and implementation stages that would be of benefit
• Exceptional costs incurred during the delivery lifecycle that may be of value as reference material
• Performance data in relation to the Consultants, the Contractor and specialists that could be of benefit

GN 4.1 – Project Review – v1.0 28-07-09