Dear Mr Swift

REQUEST FOR INFORMATION UNDER FREEDOM OF INFORMATION ACT

I confirm that we have now completed our search for the information which you requested on 9 March 2010. You have made three separate requests relating to the Highways Agency contracts for maintaining its road network. These have all been responded to within this letter.

I would also advise you that your requests have been dealt with under the Environmental Information Regulations 2004 (EIR). This is because the information requested concerns measures and activities affecting or likely to affect elements of the environment or affect factors such as noise, pollution discharges and other releases into the environment. ¹

1. A copy of the tender for service providers repairing damage to Crown Property, specifically the attendance upon and reinstatement of carriageways

Details of those who were successful and currently supply reinstatement service to carriageways.

The Highways Agency (HA) has a range of contracts in use namely Managing Agent Contracts (MAC), Design, Build, Finance and Operate (DBFO) and Private Finance Initiative (PFI).

The agreement between the HA and its MACs for carriageway repairs, maintenance and third party claims is contained in the following MAC Contract documents:

The MAC Conditions of Contract;

The MAC Model Service Information; and

The MAC Model Service Information Annex 23 Third Party Claims

These documents are already in the public domain and are available on the Highway's Agency's website. I have attached a link for ease of reference.

¹The definition of environmental information is explained in Section 2(1) of the Environmental Information Regulations 2004

You may find page 75 of the Conditions of Contract and page 30 of the Service Information useful.

http://www.highways.gov.uk/business/documents/MAC_Tranche_7_Conditions_of_Contract.pdf

http://www.highways.gov.uk/business/documents/Tranche_7_MAC_Model_Service_Information.pdf

http://www.highways.gov.uk/business/documents/Tranche_7_MAC_Model_SI_Annex_23.pdf

I have attached a redacted copy of the A249 Stockbury to Sheerness DBFO contract, as an example of a DBFO contract. The sections of the contract that may be of particular interest to you are:

Section 45 - Arrangements for sub contractors

Section 17 - Highway Repair

Section 30 - Third Parties

Also attached is a link to the Agency's website which sets out the M6 Toll Concession Agreement and Schedules, for the PFI Contract with Midland Expressway Ltd.

http://www.highways.gov.uk/foiresponses/FOIresponses/21336.aspx

The MAC companies who are currently contracted by the Highways Agency to deliver routine and winter services and supply reinstatement service to carriageways are listed below:

DBFO and Private Finance Initiative (PFI) contracts apply to certain specific routes and typically incorporate provision of significant improvements to the network together with maintenance over a prolonged period (generally 30 years). These companies are listed below:

DBFO

PFI

The Schedule of Rates is no longer used within our contracts with Managing Agents. I am therefore unable to provide you with any further information in this respect. MAC contracts are tendered on a “Lump Sum Basis” and include routine and winter services.

3. A copy of the agreement/contact between the Highways Authority and their preferred suppliers undertaking carriageway reinstatement/repairs with regard to the latter's ability to recover costs and the extent of the recovery permitted.

The agreed protocol for the recovery of costs associated with carriageway repairs that become necessary as a result of the alleged negligence of a third party driver and/or their insurer.

The MAC Model Service Information Annex 23 Third Party Claims contained in Question 1 explains the process of recovering costs of carriageway repairs and third party claims.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, would require the permission of the copyright holder.

Most documents supplied by us will have been produced by government officials so will be Crown Copyright. You can find details on the arrangements for re-using Crown copyright on the Office of Public Sector Information website at: http://www.opsi.gov.uk/click-use/index.htm.

If you are unhappy with the way we have handled your request, you may ask for an internal review. A leaflet detailing our internal review process is available. If you require a copy, please phone the Highways Agency Information Line on 08457 50 40 30; or e-mail [Highways Agency request email]. You should contact me if you wish to complain.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

If you have any queries about this letter, please contact me. Please remember to quote the reference number CRS632,904 in any future communications.

Yours sincerely

Darshan Ubhi

NDD Directorate Business Team

Email: [email address]

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