MACCS registration

Summary

The requester asked for formal documentation outlining an agreement between the Treasury and MACCS regarding accreditation requirements for non-construction works. The Treasury responded that it does not hold any such agreement or formal documentation, citing a practical refusal under the Freedom of Information Act 2015.

Key Facts

• The Treasury does not hold any agreement or formal documentation between itself and MACCS establishing the scope of works requiring accreditation.
• Requirements for construction works are set out in the Financial Regulations, specifically Financial Practice Note C.02.
• The request was refused under section 11(3)(a) of the Freedom of Information Act 2015 because the information is not held.
• The requester cited a clause in 'Procedure Notes For Management of Construction Projects' (page 125) as evidence of a potential agreement.
• The response was issued on 5 December 2018 regarding a request received on 8 November 2018.

Data Disclosed

• 2018-11-08
• 2018-12-05
• 649565
• 125
• C.02
• 1.1
• 11(3)(a)
• IM1 3PU
• IM3 4EB
• (01624) 685605
• (01624) 660188

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Information not held)

Original Request

It has been brought to my attention that there is an agreement in situ whereby all contractors wishing to undertake any category of works on behalf of the DoI must be MACCS accredited. As I understand the situation, there is no documented agreement in place directly between DoI and MACCS which stipulates that contractors must be MACCS accredited to undertake works on behalf of the DoI. I can only find the following document which refers to the aforementioned suggestion: Procedure Notes For Management of Construction Projects, within which states the following (page 125): "I/We confirm that I/we are included on the current Manx Accredited Construction Contractors Scheme List (details of which may be obtained from the Employers Federation, 23a The Village Walk, Onchan, IM3 4EB Tel: (01624) 660188) or, that I/we have applied for inclusion thereon. I/We understand and accept that the successful tenderer must be included on or be formally accepted for inclusion on the current Manx Accredited Construction Contractors Scheme List prior to being awarded the contract and must maintain this Approval until the Final Certificate is issued. I/We further acknowledge that failure to complete this contract or make good the defects as required by the contract could result in my/our removal from the Manx Accredited Construction Contractors Scheme List until such time as the work is satisfactorily completed. " I understand that the above document is based on an agreement between The Treasury and MACCS, and all government departments are subsequently bound by the terms of this agreement. As the above document only refers to Construction projects, I would like to see any further, formal documentation (between The Treasury and MACCS) that outlines the additional categories of works which this 'agreement' covers (or information which otherwise prove that it is not a requirement to be MACCS accredited to undertake works that do not fit within the field of Construction, on behalf of the DoI), so I can be fully conversant with the terms and limitations of this agreement.' Thank you in anticiaption

Data Tables (1)

Full Response Text

Freedom of Information Seyrsnys Fysseree

The Treasury Government Office, Douglas Isle of Man, IM1 3PU

Telephone: (01624) 685605 Email: FOI.Treasury@gov.im

Government Website: www.gov.im

Our ref: 649565 5 December 2018

Dear ### We write further to your request which was received on 8 November 2018 and which states: "It has been brought to my attention that there is an agreement in situ whereby all contractors wishing to undertake any category of works on behalf of the DoI must be MACCS accredited. As I understand the situation, there is no documented agreement in place directly between DoI and MACCS which stipulates that contractors must be MACCS accredited to undertake works on behalf of the DoI. I can only find the following document which refers to the aforementioned suggestion: Procedure Notes For Management of Construction Projects, within which states the following (page 125): "I/We confirm that I/we are included on the current Manx Accredited Construction Contractors Scheme List (details of which may be obtained from the Employers Federation, 23a The Village Walk, Onchan, IM3 4EB Tel: (01624) 660188) or, that I/we have applied for inclusion thereon. I/We understand and accept that the successful tenderer must be included on or be formally accepted for inclusion on the current Manx Accredited Construction Contractors Scheme List prior to being awarded the contract and must maintain this Approval until the Final Certificate is issued. I/We further acknowledge that failure to complete this contract or make good the defects as required by the contract could result in my/our removal from the Manx Accredited Construction Contractors Scheme List until such time as the work is satisfactorily completed. " I understand that the above document is based on an agreement between The Treasury and MACCS, and all government departments are subsequently bound by the terms of this agreement.

As the above document only refers to Construction projects, I would like to see any further, formal documentation (between The Treasury and MACCS) that outlines the additional categories of works which this 'agreement' covers (or information which otherwise prove that it is not a requirement to be MACCS accredited to undertake works that do not fit within the field of Construction, on behalf of the DoI), so I can be fully conversant with the terms and limitations of this agreement.' Thank you in anticipation" Response While our aim is to provide information whenever possible, in this instance the Treasury does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. As a result, a practical refusal reason applies under section 11(3)(a) of the Freedom of Information Act 2015. A search of our records has revealed that the Treasury does not hold any agreement or other formal documentation between the Treasury and the Manx Accredited Construction Contractors Scheme (MACCS) that establishes the scope of Government construction work or other categories of works, for which MACCS accreditation is required. I can advise you that requirements in respect of construction works being undertaken on behalf of Government are set out in the Financial Regulations (see Financial Practice Note C.02 Capital Procedure Notes). Paragraph 1.1 of Financial Practice Note C.02 (FPN C.02) states – “For all construction work, designated bodies must use Accredited Contractors included on the Manx Accredited Construction Contractors Scheme …” It is each Department’s responsibility to assess each stand-alone project it is undertaking to determine whether it would reasonably consider it to be ‘construction’ for the purpose of paragraph 1.1 of FPN C.02. The Treasury does not provide Departments with any guidance on the interpretation of ‘construction’. However, it has been recognised that further clarification of this term may be helpful and we will consult with Departments to consider both the wording of the current requirements and whether additional guidance can be developed that would assist Departments, potential contractors and the general public.
Paragraph 1.2 of FPN C.02 also states – “All Officers involved in Capital Projects must ensure that they are undertaken in accordance with the Procedure Notes for the Management of Construction Projects issued by the Treasury.” Paragraph 8.5.12 of the Procedure Notes for Management of Construction Projects requires that any sub-contractor of a Capital scheme construction project must be MACCS accredited. The requirement for Government to use an approved list of contractors came as a result of a recommendation included in a 1993 Council of Ministers report which reviewed the administration of Government’s construction contracts at the time. As a result, a Government maintained list of approved contractors came into operation. In 2005 the Construction Federation presented a proposal to the Department of Trade and Industry (now the Department for Enterprise), for an ‘approved contractors’

scheme for use by both Government and the general public. The proposal was accepted and resulted in the Manx Accredited Construction Contractors Scheme. The requirements of the Financial Regulations are a minimum standard in respect of construction works. Each Department undertaking any general procurement, or tendering for goods or services, will of course be responsible for setting any requirements considered reasonable in respect of the good or service required. Please quote the reference number 649565 in any future communications. Your right to request a review If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post. An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date. Yours sincerely