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.

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 -
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(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.
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(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 -
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(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
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(ii) |
provide
a steady and sufficient serviced land supply to facilitate an
even housing production
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(iii) |
facilitate
the construction industry to strive for quality improvement
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(b) |
The
HA, as the largest public housing developer, should -
(i) |
provide
public housing to meet demand as assessed by the Government
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(ii) |
establish
a policy framework and formulate strategies for the delivery
of quality public housing
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(iii) |
establish
clear project requirements, quality benchmarks and acceptance
standards
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(iv) |
facilitate
quality improvement and innovation
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(v) |
oversee
the HD in delivering the public housing programme
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(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
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(ii) |
set
out clear and realistic project requirements and guidelines
for contractors, consultants and suppliers under the HA's
policy framework
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(iii) |
ensure
statutory compliance in planning, design and construction of
public housing
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(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
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(v) |
provide
specialist advice and support to the HA
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(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
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(ii) |
As
commissioned contract managers, they should -
- |
manage
and inspect contractors' works, as if they are the HD's
in-house contract managers
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- |
ensure
works is in compliance with the HA's requirements and
statutory safety provisions
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(iii) |
As
specialist service providers, they should -
- |
advise
on new designs and technologies
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- |
provide
technical support or advice according to their expertise
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(e) |
Contractors
and workers, as the works delivery agents, should -
(i) |
supervise
the construction process to meet safety and professional
standards
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(ii) |
deliver
work on time, within budget and up to contract requirements
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(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
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(ii) |
facilitate
compliance of professional ethics and standards amongst
members
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(iii) |
facilitate
the development of new ideas and products for continuous
improvement
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(g) |
Training
authorities, as the training agents, should -
(i) |
provide
continuous training to participants in the industry
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(ii) |
develop
new training programmes for meeting the industry's new needs
and requirements
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(iii) |
conduct
trade-testing for workers
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(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
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(ii) |
provide
feedback so that improvements can be made in the production
process where practicable |
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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 -
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(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.
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(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.
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(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.
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(d) |
review
the payment of prolongation costs arising from the granting of time
extensions due to inclement weather in the extended contract period.
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(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 -
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(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.
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(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.
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(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.
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(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 -
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(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.
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(b) |
commission
regular consultancy studies to tap the market's latest feedback and
trends on housing designs.
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(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 -
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(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.
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(b) |
drawing
up more detailed guidelines for decision-making by the LMC and the
CRB.
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(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.
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(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.
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(e) |
publishing
the performance scores of contractors and consultants when the
performance appraisal systems mature.
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(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 -
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(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.
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(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.
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(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.
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(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.
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(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
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(ii) |
offering
serial contract opportunities for subsequent phases of very
large projects subject to outstanding performance
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(iii) |
awarding
special and urgent projects to very top performers through
negotiation rather than tendering.
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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 -
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(a) |
revising
upwards the weighting between technical and fee scores from 50:50 to
70:30 under the "Two-envelope System"
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(b) |
exploring
the exclusion of exceptional low bids from tender assessment
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(c) |
establishing
a "premium league" of consultants
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(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.
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