CIDB Act

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Construction Industry
Development Board
Kwena Mokobane
21 June 2013
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OUTLINE
•
CIDB Act
•
Register of contractors
•
Register of projects
cidb
development through partnership
•
CIDB Act
•
Register of contractors
•
Register of projects
cidb
development through partnership
CIBD ACT
The Construction Industry Development
Board Act of 2000 (Act 38 of 2000)
provides for the establishment of the
Construction Industry Development Board to
implement an integrated strategy for the
reconstruction, growth and development of the
construction industry.
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CIDB OVERVIEW
The CIDB was established to
•
provide leadership to stakeholders; and
•
stimulate sustainable growth, reform and
improvement of the construction sector for:
- effective delivery; and
- the industry’s enhanced role in the
country’s economy.
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LEGISLATIVE MANDATE - PROCUREMENT
Act mandates CIDB to perform the following:
• promote the standardisation of the procurement
process
• initiate, promote and implement national
programmes and projects aimed at the
standardisation of procurement documentation,
practices and procedures.
• determine and establish best practice that
promotes procurement and delivery management
reform
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CONSTRUCTION PROCUREMENT
Construction procurement in the public sector is
regulated in terms of general legislation governing
public procurement and through the following CIDB
prescripts issued in terms of the CIDB Act of 2000:
•
CIDB Code of Conduct for the Parties
engaged in Construction Procurement
•
CIDB Standard for Uniformity in
Construction Procurement.
Currently applicable to public
sector (departments,
municipalities and state owned
enterprises)
Applicable to
public and
private sector
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LEGISLATIVE MANDATE - REGISTERS
The CIDB Act mandates the Board to establish a
national register of contractors and of construction
projects to systematically regulate, monitor and
promote the performance of the industry for sustainable
growth, delivery and empowerment.
The CIDB may expand this register to cover
professional service providers, suppliers etc, as
necessary
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•
CIDB Act
•
Code of conduct
•
Register of projects
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CODE OF CONDUCT
“Section 5(4) of CIDB Act
To promote uniform and ethical standards within
the construction industry the Board:
(a) Must publish a code of conduct for all
construction–related procurement and all
participants involved in the procurement
process…”
Employers and their agents, contractors,
subcontractors, consultants, board
members, politicians and tenderers
Code of Conduct establishes standards of behaviour
that are consistent with a procurement system that is
fair, equitable, transparent, competitive and
cost effective
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CODE CONTENT
•
•
•
•
•
•
Code of conduct for the parties engaged in
construction procurement
Behave equitably, honestly and transparently.
Discharge duties and obligations timeously
and with integrity.
Comply with all applicable legislation and
associated regulations.
Satisfy all relevant requirements established in
procurement documents.
Avoid conflicts of interest.
Not maliciously or recklessly injure or attempt
to injure the reputation of another party.
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ENFORCEMENT
CIDB mandated to:
•
•
conduct enquiries (has power to subpoena)
sanction offender
- suspend from register
- fine up to R100 000
Code of conduct applies to both public and private sector
Accounting officers and authorities should make their
staff aware of this code of conduct
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LINKAGES WITH PFMA AND MFMA
1. Treasury Regulations issued in terms of the PFMA
(Regulation 16A6.3)
• bid documentation and the general conditions of a
contract are in accordance with the prescripts of the
Construction Industry Development Board, in the case of
a bid relating to the construction industry;
2. SCM Regulations issued in terms of the MFMA
(Regulation 21)
• bid documentation for a competitive bidding process
must take into account the requirements of the
Construction Industry Development Board, in the case of
a bid relating to construction, upgrading or refurbishment
of buildings or infrastructure”
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CIDB NATIONAL REGISTERS
The CIDB Act tasks the Board to:
• establish and maintain a national register of
contractors
which
facilitates
public
sector
procurement
• establish and maintain the register of projects that
will drive industry development objectives
Construction works:
• the provision of a combination of goods and
services arranged for the development, extension,
installation, repair, maintenance, renewal. removal,
renovation, alteration, dismantling or demolition of a
fixed asset including building and engineering
infrastructure
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CIDB ACT
Register must categorise contractors in a manner that
(section 16(1)):
•
facilitates public sector procurement
•
promotes contractor development.
A contractor may not undertake, carry out or complete
any construction works or portion thereof for public
sector contracts, awarded in terms of competitive
tender or quotation, unless he or she is registered
with the Board.
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Register of projects
The purpose is to:
•
gather information on the nature, value and
distribution of projects; and
•
provide the basis for a best practice project
assessment scheme to promote the
performance of public and private sector
clients in the development of the
construction industry.
Applicable to:
•Public sector contracts which exceed R200 000
•Private sector contracts which exceed R 10 m
•State Owned Entity Eg; Eskom,Transnet;
TCTA, ect, Threshold Increase to R10m.
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REQUIREMENTS
Public sector must advertise competitive tenders on the
@cidb )
CIDB website (
(Private sector may use this service if they so wish)
Public must
•
register award of contracts;
•
report completion and
•
any cancellations/termination
on the CIDB website
Fees currently waived
Employers have to register with CIDB as users
and obtain employer number and passwords
17
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I-TENDER SERVICE
@cidb
•
•
facilitates exchange of tender
information between clients
and contractors using:
-SMS (short messaging
system)
- e-mail and
- Internet (search engine)
www.cidb.org.za
allows tenders to be
advertised and awards to be
reported on
i-Tender@cidb
Tender
TN2005/2/56
available from
(client)
for 2CE
Closing 5/26/2005
Call 0124189500
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cidb
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