Chapter 4 : Building up a Partnering Framework

4.1     Given the large number of stakeholders involved in the housing construction process, and the way their roles are inter-related, quality housing can only be achieved if they all work together in a cooperative spirit. Partnering is the key to enable all stakeholders to work together and to achieve common objectives by maximizing the effectiveness of each contribution.

4.2     For such a partnering to flourish, six key elements must exist. They are : commitment; clear roles and responsibilities; equitable risk-sharing; communication and feedback; objective performance appraisal and balanced reward and punishment. In the ensuing paragraphs, we will demonstrate how the HA aims to take the lead in building up this partnering framework.

Chart: Partnering Framework

  
Commitment

4.3     To start with, all stakeholders must share the common goal of delivering quality buildings. In the past, some stakeholders believed that the quality of public housing should by definition be inferior to private. This "it's only public housing" attitude must be completely refuted. Public housing should be a quality product which meets the needs and expectations of customers for comfortable and durable accommodation. It should also be delivered on time and within budget. All stakeholders should contribute to this quality objective, for ultimately it is in the interests of all that it will be achieved.

4.4     Part of realizing this quality objective relies on stakeholders taking pride in their work and having a sense of ownership of the final product. The HA will reinforce the commitment of stakeholders to delivering quality housing at two levels -

(a) At the strategic level, we will draw up a Quality Partnering Charter to signify and reinforce stakeholders' commitment to delivering quality housing. We will invite our business partners and stakeholders to sign the charter and pledge their commitment in producing quality buildings through partnering.
  
(b) At the project level, we will reinforce the commitment of stakeholders to the success of projects by highlighting their participation. We will consider erecting foundation stones in all new public housing developments to register the names of consultants, contractors, suppliers and HD's project teams. We will also examine the feasibility of listing their names in our sale brochures and publications. These measures serve both to symbolize the partnering spirit and to increase the sense of ownership and commitment of stakeholders during project implementation.

  
Clear Roles and Responsibilities

4.5     The existence of a large number of stakeholders has sometimes meant that some confusion in roles and responsibilities is unavoidable. However, this confusion, if not properly addressed, can compromise the partnering spirit and even building quality. For example, some stakeholders still believe that responsibility for delivering quality housing falls squarely and solely on property developers. However, as illustrated in the previous supply chain, housing production requires input from all stakeholders at different stages. Quality housing is the business of every stakeholder. It is important to define clearly the roles and responsibilities of key stakeholders and thereby maximize the benefits of their contributions and interaction.

4.6     In the case of public housing, we believe that the key roles and responsibilities of main stakeholders should be reflected as follows -

(a) The Government, as the policy-maker and regulator should -
  
(i) assess long-term housing demand and set realistic and steady production targets for the public housing sector
  
(ii) provide a steady and sufficient serviced land supply to facilitate an even housing production
  
(iii) facilitate the construction industry to strive for quality improvement
  
(b) The HA, as the largest public housing developer, should -
  
(i) provide public housing to meet demand as assessed by the Government
  
(ii) establish a policy framework and formulate strategies for the delivery of quality public housing
  
(iii) establish clear project requirements, quality benchmarks and acceptance standards
  
(iv) facilitate quality improvement and innovation
  
(v) oversee the HD in delivering the public housing programme
  
(c) The HD, as the executive arm of the HA, should -
  
(i) advise the HA on the best means to provide quality public housing cost-effectively
  
(ii) set out clear and realistic project requirements and guidelines for contractors, consultants and suppliers under the HA's policy framework
  
(iii) ensure statutory compliance in planning, design and construction of public housing
  
(iv) monitor and inspect the work of consultants and contractors to make sure that they meet the HA's requirements on quality, time and budget
  
(v) provide specialist advice and support to the HA
  
(d) Consultants, may perform one of the following three main roles, depending on the nature of work for which they are engaged in -
  
(i) As design team leaders, they should provide professional support and advice to the HA in terms of planning, design and statutory compliance
  
(ii) As commissioned contract managers, they should -
  
- manage and inspect contractors' works, as if they are the HD's in-house contract managers
  
- ensure works is in compliance with the HA's requirements and statutory safety provisions
  
(iii) As specialist service providers, they should -
  
- advise on new designs and technologies
  
- provide technical support or advice according to their expertise
  
(e) Contractors and workers, as the works delivery agents, should -
  
(i) supervise the construction process to meet safety and professional standards
  
(ii) deliver work on time, within budget and up to contract requirements
  
(f) Professional institutes and trade associations, as the industry's guardians of professional standards, should -
  
(i) maintain and develop codes of practice to uphold the industry's ethics and professionalism
  
(ii) facilitate compliance of professional ethics and standards amongst members
  
(iii) facilitate the development of new ideas and products for continuous improvement
  
(g) Training authorities, as the training agents, should -
  
(i) provide continuous training to participants in the industry
  
(ii) develop new training programmes for meeting the industry's new needs and requirements
  
(iii) conduct trade-testing for workers
  
(h) Tenants and owners, as customers of the final product, should -
  
(i) be able to expect quality housing and have recourse against developers for any defects
  
(ii) provide feedback so that improvements can be made in the production process where practicable

4.7     The above broad classifications of roles and responsibilities is by no means exclusive and does not aim to segregate the contributions of different stakeholders. Rather, it aims to assist in focusing on their main roles and the interaction between them.

  
Equitable Risk-sharing

4.8     Equity is fundamental to building up an effective partnering framework. Construction is an inherently risky business and an equitable sharing of risk is a pre-requisite for cultivating a win-win philosophy for all parties. While risks may not be removed completely, we should reduce them pro-actively. As a responsible developer and partner, the HA will review current risk-sharing arrangements with contractors and consultants. In particular it will -

(a) widen the use of the "engineer's design" for piling projects in sites with complicated geotechnical conditions. This will reduce piling contractors' risks arising from uncertain site conditions.
  
(b) review the basis for determining liquidated damages for piling and building contracts. At present, the levels of liquidated damages are derived from consequential revenue loss arising from delay in completion of the whole project.
  
(c) set clear time-frames for submission/substantiation of claims for time and money by contractors and the HD's response/assessment. This will give both sides clear indicators on service standards.
  
(d) review the payment of prolongation costs arising from the granting of time extensions due to inclement weather in the extended contract period.
  
(e) review the effectiveness of on-demand bonds for building and piling contractors by the end of 2000 when the scheme has been in operation for a year.

  
Feedback and Communication

4.9     Candid and continuous communication amongst stakeholders is indispensable to fostering a cordial partnering framework. The HA will initiate a series of measures to ensure that stakeholders' views and feedback are properly reflected throughout the production process.

4.10    To start with, we will strengthen our communication channels with key stakeholders at all levels and stages -

(a) At the top level, the HA will host a partnering conference annually with the top management of major contractors, consultants and suppliers to exchange views and map out directions for improving the delivery of quality public housing.
  
(b) At the departmental level, the HD's directorate staff will hold workshops regularly with the senior management of contractors, consultants, suppliers, professional institutes, to look into new methods for improving buildability and to address issues of common concern.
  
(c) Before project commencement, the HD's project teams will hold partnering meetings with all project consultants and contractors so that the implementation approach can be mapped out and agreed beforehand. Thereafter, we shall continue with our established monthly meetings to monitor the progress of projects. These progress meetings should also facilitate the resolution of works-related problems.
  
(d) After project completion, the HD's project teams will conduct review workshops with suppliers, contractors and consultants to appraise the overall implementation process and identify areas for improvement.

4.11    Some disputes are unavoidable and existing contracts include arbitration and mediation clauses to facilitate their resolution. However, experience shows that most stakeholders rely on more costly and time-consuming routes such as litigation and extended arbitration to resolve problems. We believe that it is not healthy and therefore we will explore the use of adjudication and/or Dispute Resolution Advisers (DRA) in complex building contracts. We are aware that DRA have been used in Government's large-scale projects and the feedback has been very positive. Our guiding principle will be a swift resolution of problems. At the operational level, issues must be settled within a pre-determined time period, failing which, parties should be able to raise any unresolved problems immediately to higher levels with the expectation of a speedy decision. Similarly, all parties should be able to expect a quick, clean and economical process for resolving contractual disputes.

4.12    In addition, we must address the needs of customers as end-users of our product proactively, bearing in mind that their expectations are rising progressively. Thus, we will -

(a) step up the collection of feedback from tenants and owners on building designs and quality through regular surveys and focus group meetings. The HD's design and project teams will solicit first-hand information from customers direct.
  
(b) commission regular consultancy studies to tap the market's latest feedback and trends on housing designs.
  
(c) set up a dedicated unit in the HD to study market trends and customer needs for making future improvements.

  
Objective Performance Appraisal

4.13    The HA is committed to maintaining an objective, open and fair performance appraisal system for contractors and consultants. For building contractors, the Performance Assessment Scoring System (PASS) has been the key device to assess their performance since 1990. However, having regard to their feedback on the objectivity and sampling coverage of the current PASS, we will introduce PASS 2000 from April 2000 onwards to enhance its representativeness and coverage. Under PASS 2000, the outcome will be derived objectively through a three-tier system : including daily site inspection records from site staff, monthly reports from project professionals and quarterly reports from an independent team.

4.14     The performance of consultants is currently assessed through the HD's consultant performance reports. However, there have been complaints that the system is too subjective and does not provide clear guidelines for appraisal. At the same time, gradings tend to be too narrow for effective demarcation of different levels of performance. Hence, we will further review the appraisal system for consultants to enhance its objectivity and consistency. We will draw up clear guidelines to provide benchmarks for performance evaluation.

  
Balanced Reward and Punishment

Disciplinary Mechanism

4.15    At present, the HA's Building Committee (BC) is responsible for reviewing the listing status of contractors and consultants and taking disciplinary actions in the form of tendering suspension, demotion, or removal from listings. The List Management Committee (LMC) and the Consultants Review Board (CRB) are the HD's fora to monitor contractors and consultants' performance respectively and provide recommendations to the BC for decision. The HA will take a hard-line against all non-performing contractors and consultants.

4.16    Whilst recognizing that the HA's decisions on hiring contractors are essentially commercial, some contractors and consultants have expressed the view that the existing disciplinary mechanism is not sufficiently objective, as the BC is both a decision-making and review body. In order to enhance the independence and objectivity of our disciplinary mechanism, we propose -

(a) reviewing the composition and terms of reference of the LMC and the CRB so that they will become decision-making bodies. We recommend that non-official members to chair these fora and BC members to be included to increase its transparency and accountability.
  
(b) drawing up more detailed guidelines for decision-making by the LMC and the CRB.
  
(c) designating the BC as a separate review mechanism over decisions of the LMC and the CRB. The establishment of a separate review channel in the BC should strengthen public confidence in the objectivity of our disciplinary mechanism.
  
(d) taking prompt action against non-performing contractors and consultants, and impose severe penalties when necessary. We will send a clear message to the industry that the HA will only team up with responsible and competent partners.
  
(e) publishing the performance scores of contractors and consultants when the performance appraisal systems mature.
  
(f) engaging independent agents to conduct investigation for major malpractices discovered in the construction process.

  
Tendering

4.17     As an accountable public body responsible for a very large budget, the HA is duty bound to ensure that its procurement policies secure value-for-money. The HA has thus for many years operated an open and competitive tendering to identify competent business partners for both works and consultancy contracts. The HA always supports healthy competition within the industry for making improvements.

4.18     There is a common perception, however, that the HA always awards contracts to the lowest bidders and hence quality is sacrificed. This is not the case. Our tender evaluation covers assessments on technical, financial, performance, workload and contractual aspects. The general principle is to award the contract to the lowest bidder provided that he satisfies all other technical requirements. The system thus strikes a balance between tenderers' potential performance and also their fee submissions.

4.19     Recently, we have improved our tendering system to encourage good performance from building contractors through the introduction of the Preferential Tender Award System (PTAS) and the Bonus Scheme. The PTAS has been in place since September 1999 and uses a 80:20 score weighting between tender price and performance to assess the performance and capability of contractors systematically. Under the Bonus Scheme introduced for projects tendered out from September 1999 onwards, good performers will be rewarded with a bonus up to $7.5 million or 1% of net contract sum, whichever is the lower. The bonus is awarded with regard to contractors' performance at both the completion and maintenance stages.

4.20     As a further step towards enhancing our tendering system, we will address five issues -

(a) First, we will extend the PTAS and the Bonus Scheme to cover building services and piling contracts. We believe that the basic principles enshrined in these two schemes can be applied to all works contracts, with corresponding upgrading in the relevant performance appraisal systems.
  
(b) Second, we will tighten up our listing and tendering arrangements to ensure that only competent contractors will be allowed to join the tendering exercises. On the other hand, we will encourage competent new players to become our partners.
  
(c) Third, we will review the current 80:20 score weighting between price and performance by the end of 2000 when the new scheme has been in operation for one year. We shall also re-examine the methodologies and components for determining the price and technical scores.
  
(d) Fourth, we will explore the means to exclude exceptional low bids from tenderers. We may make reference to our cost estimates, median tender prices or other relevant indicators to screen out exceptionally low bids from tender evaluation.
  
(e) Fifth, we will explore the feasibility of establishing strategic partnerships with consistent top performers. While it is our firm belief that the tendering system must be open, fair and competitive, we also treasure the opportunities and benefits from building up a "long-term" relationship with strategic partners, who consistently deliver very promising quality work. Strategic partnering may indeed induce contractors to invest more in new technologies and demonstrate more commitments in upgrading the professionalism of the industry. Initially, we will consider -
  
(i) establishing a "premium league" so that top performers with consistently outstanding performance may enjoy better tendering opportunities than others. For very large-scale building projects for example, we might confine the tendering exercise to a few top performers
  
(ii) offering serial contract opportunities for subsequent phases of very large projects subject to outstanding performance
  
(iii) awarding special and urgent projects to very top performers through negotiation rather than tendering.
  

The strategic partnering concept, if adopted, would supplement our competitive tendering system but would not replace it.

4.21    For consultancy projects, the split between technical and fee scores is 50:50 for normal design projects and 70:30 for complex projects. Feedback from both consultants and the community favours putting greater emphasis on performance and technical capability. We will improve the tendering arrangements for consultancy projects, including -

(a) revising upwards the weighting between technical and fee scores from 50:50 to 70:30 under the "Two-envelope System"
  
(b) exploring the exclusion of exceptional low bids from tender assessment
  
(c) establishing a "premium league" of consultants
  
(d) tightening up listing and tendering requirements of consultants to focus on competent players

4.22    With a common quality-driven agenda, all stakeholders should contribute in enhancing building quality progressively. We believe that the proposals in this chapter will foster a partnership for continuous cooperation and a culture of quality.

Back

 

2001 Housing Authority. All rights reserved.