A new project

Medium Schemes

If you are considering using the MSF 3 as a procurement route for your next project you will first need to check that your authority is a member of the MHA and that the type of project falls within the scope of MSF 3. You can either download the Framework Information at the bottom of this page or follow the link to the OJEU Award Notice.

The Framework Information describes the process that should be followed when placing a Package Order under MSF 3. The process gives sufficient assurance to the MHA that the framework guidelines are being followed and provide a clear audit trail. The Framework Board approval, when required, is carried out by email. It should take no longer than a few days in each case, providing all the required information is available upon application.

The first step is to select a contractor. The selection process is set out in Section 6 of the Framework Information. You will need to follow the guidelines set out in Section 6 and complete a number of Annexes as required, starting with Annex A. These can be downloaded at the bottom of this page.

When deciding on which selection process to use, and the level of detail it should go into, a number of things should be considered. You should think about the significant procurement savings that can be achieved by using the framework. If  a difficult or complex selection process is followed you could heavily impact on the project by wasting time and overall, reducing the potential savings for both your authority and the contractors. Sub regional call-off provides the quickest selection route building on an established relationship and delivering continuous improvements. Direct call-off provides an alternative fast selection route making use of information already submitted by contractors for a number of model projects. If your project is similar to one or more of these projects you are encouraged to use direct call-off rather than the mini competition option. Whilst it is accepted that mini-tendering may well produce a lower initial target price, it does not necessarily lead to a lowest out turn cost, as under NEC4 Option C this will be based on the actual cost of the work (the defined cost), which is much more likely to be influenced by maximising the time available for Early Contractor Involvement (ECI).

On completion of the selection process you are required to send Annex B with your business case information to the Framework Board, this is the request for a contractor to be assigned, without obligation, to the scheme. This should be done as early in the project development process as possible to obtain the most benefit from ECI. The selection is recorded on Annex B, which is signed by the Framework Manager and returned to you so that you can then contact the contractor.

When you have completed the processes set out in the quotation procedure Section 7 of the Framework Information you can then use Annex C to request Package Order authorisation from the Framework Board. This will not be accepted without evidence that the necessary procedures have been completed. You have the choice of using either Engineering Construction Contract (ECC) option C or the Engineering Short Contract (ESC) under the framework, you may also select which secondary options to use. This decision should be based on the complexity and type of work as well as the level of risk involved. The natural presumption in preparing this contract is that amendments to the Conditions of Contract (in the form of Z clauses in Contract Data Part 1) were to be avoided. Considerable effort was put into the preparation of this contract to ensure that the majority of MHA member authorities’ requirements were covered in an attempt to standardise the contract. This should enable more accurate performance management and benchmarking. You may use Annex F to record the options selected for your Package Order.

Once approved by the Framework Board, you may arrange for the placement of the Package Order with the contractor. The MHA have been advised that any Package Order issued under this framework would be deemed to also be contracted under seal. It is therefore a requirement that Annex D is signed by authorised signatories from both the commissioning authority and the contractor, but it is not felt necessary that it be signed under seal. At this point a contract exists between the commissioning authority and the contractor.

Some of the documents referred to above can all be downloaded here as required.

Documents for MSF 3 projects
MSF 3 Framework Information
Annex A
Annex B
Annex C













MSF3 Framework Information

Download (855.5 KiB)

MSF3 Annex A

Download (444.0 KiB)