Activating the Registers within Construction Procurement 1b development through partnership Construction Industry Development Board A generic procurement process Activity 1: Establish what is to be procured Activity 2: Decide on procurement strategies Activity 3: Solicit tender offers Activity 4: Evaluate tender offers Activity 5: Award contract Activity 6: Administer contracts and confirm compliance development through partnership Construction Industry Development Board Registers & Procurement Interactions 1. Determine approximate contractors grading requirements e.g 5 GB 1. Establish what is to be procured 2. Determine Procurement strategy 2. Advertise using iTender, indicating approximate contractor grading requirements 3. Validate CIDB Registration Reg Con 3. Solicit tender offers 3.a Tender Offers by contractors 4. Validate Contractor Grade 4. Tender Evaluation & Contractor selection 5. Award contract 5. Register Award Reg Proj 6. Manage contractor 6. Register Completion (optional) development through partnership Construction Industry Development Board A generic procurement process Activity 1: Establish what is to be procured Activity 2: Decide on procurement strategies Activity 3: Solicit tender offers Activity 4: Evaluate tender offers Assess market capacity & BEE opportunit ies using RoC Apply register of contractors Activity 5: Award contract Activity 6: Administer contracts and confirm compliance Register of projects development through partnership Construction Industry Development Board Development of registered contractors / Broad based black economic empowerment Assess market capacity & BEE opportunities using RoC The information stored in the registers • enables gaps in contracting capacity to be identified • provides market intelligence; and • facilitates the appropriate targeting and integration of development initiatives development through partnership Construction Industry Development Board Development of registered contractors Employers should provide registered contractors with work opportunities so that they can be sustainable & improve their contractor grading designation by: 1 providing packages of projects to provide continuity; 2 implementing targeted development programmes to support potentially emerging contractors; 3 offering preferences to contractors who undertake to enter into joint ventures with or subcontract portions of the works to such contractors; and 4 requiring a prime contractor to subcontract defined portions of the works to such contractors 5 Provide term contracts e.g. for maintenance Can also provide a preference for a particular contractor grading designation development through partnership Construction Industry Development Board Prepare procurement documents 1 Identify preferably one, but not more than two, class(es) of construction works that best describes the works to be performed. CE = civil engineering EE = electrical engineering GB = General building ME = Mechanical Engineering Specialist works eg concrete fencing may be CE or GB 2 Estimate the tender value including value added tax say R 4,5 million development through partnership Construction Industry Development Board Prepare procurement documents 3 Determine the approximate contractor grading designation based on the selected class(es) of construction works and estimated tender value Class of construction works 5 C E Tender value range Alternatively 5GB 5CE/GB Tender Value Range designation Tender value including VAT not to exceed: 1 R 100 000 2 R 300 000 3 R 1 000 000 4 R 3 000 000 5 R 5 000 000 6 R 10 000 000 7 R 30 000 000 8 R 100 000 0009 9 No limit Not permitted Construction Industry Development Board 4,5 m development through partnership Consideration: Estimating requirements for contractor grading designations where value is close to limit of tender value range Estimated value +20% or less Upper limit of tender value range limit Adopt lower contractor grading designation (no prejudice) Example: Estimate = R5,3 million ≤ 1,2 x R5,0 = R6,0 Use designation 5 (R3,0 to R5,0) development through partnership Construction Industry Development Board Consideration: Grading designations for construction works taking place over an agreed number of years Base estimated tender value on annual value where work: • • • is on an “as and when required” basis eg pipelines; of a routine nature e.g. road maintenance; or grouped into identifiable and similar components where commencement of the next component is dependent on the completion of the previous one eg the building of a limited number of class room blocks where a block is substantially complete before embarking on the construction of a subsequent block development through partnership Construction Industry Development Board Invite contractors to submit tender offers 4 Notify tenderers of contractor grading designation requirements in invitations to tender Notice and Invitation to Tender or It is estimated that tenderers should have a CIDB contractor grading of 5CE or 5GB higher. It is estimated that tenderers should have a CIDB contractor grading of 5CE or 5GB or higher. 4CE or 4GB potentially emerging enterprises who satisfy criteria stated in the Tender Data may submit tender offers. (Wording for calls for expressions of interest also available) CIDB Standard for Uniformity in Construction Procurement Construction Industry Development Board development through partnership Prepare 5 State requirements for contractor procurement grading designation in tender data in documents the form of eligibility criteria Tender data Only those tenderers who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered, or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations, for a CE or GB class of construction work, are eligible to have their tenders evaluated. Joint ventures are eligible to submit tenders provided that….. (Wording for PE potentially emerging contractors also available in Standard for Uniformity) development through partnership Construction Industry Development Board Determine whether or not tender offers are responsive 4 5 6 6 Look up each tenderer’s contractor grading designation on the register. Evaluate only those tenderers who have not tendered above their tender value range, except where the sum tendered R 3 000 000 is just above the limit of their range. R 5 000 000 R 10 000 000 Example: Tenderer cgd A 5 B 6 C 6 D 5 E 4 tendered amount R 5,6 million R 6,5 million R 7,0 million R 8,0 million R 6,2 million Declare as nonresponsive development through partnership Construction Industry Development Board “Capable of being so registered” An employer may evaluate a tender received from an unregistered tenderer, only if such a tenderer satisfies all the requirements for registration in a particular grade. Note: Evaluation commences with the reduction of tender offers to a comparative basis The onus is on the employer to be satisfied that the contractor is capable of being registered. Tip – get a copy of contractor’s CIDB application to evaluate whether the contractor is likely to meet the requirements for registration in the required category. development through partnership Construction Industry Development Board Determine whether or not tender offers are responsive 7 Declare as non-responsive all tenders received from: a) registered contractors who tender above their designated tender value range, except where the margin by which the tender value range is exceeded is reasonable; or b) unregistered contractors who are not considered as being capable of being registered in the required contractor grading designation prior to the evaluation of tenders. development through partnership Construction Industry Development Board Determine whether or not tender offers are responsive 8 Decide in the case of a tenderer who tenders above his tender value range if: Example: Tenderer cgd A 5 B 6 C 6 i) the amount by which the tendered sum exceeds the tender value range is reasonable; ii) the award of a contract to such a contractor does not impose any undue risk. Employer can award tendered amount contract to tenderer R 5,6 million A if satisfied that R 6,5 million tenderer has sufficient capability R 7,0 million and capacity development through partnership Construction Industry Development Board Determine whether or not a contract can be awarded to a responsive tenderer 9 Determine if there are any reasons for not awarding a contract may be subject to restrictions must have the capability and capacity to perform the contract. must have legal capacity to enter into the contract. must be solvent must satisfy all legal requirements. may be disqualified due to conflicts of interest. development through partnership Construction Industry Development Board Perform a risk analysis. 10Ascertain if any of the following, as relevant, presents an unacceptable commercial risk : a) b) c) d) unduly high or low tendered rates or amounts in the tender offer; contract data provided by the tenderer; or the content of tender returnables which are to be included in the contract. development through partnership Construction Industry Development Board Confirm recommendation contained in the tender evaluation report 11 Confirm that tenderer is on the register and is in possession of required contractor grading designation development through partnership Construction Industry Development Board Formally accept tender offer Register contract award with 21 working days of acceptance of offer, indicating if the regulations relating to the awarding of a contract outside of a contractors cgd were applied Capture contract completion / termination data Submit report within one month of: •issue of practical completion certificate; •making last (final) payment to contractor in terms of the contract; •canceling or terminating contract; or •renewing a contract. development through partnership Construction Industry Development Board Register of Projects (deemed to satisfy) 1 Advertise tenders on i-Tender@cidb Notify contractors 2 Award contract or 3 Cancel tender cidb website 4. Cancellation of contract development through partnership Construction Industry Development Board How to get started? Register Employer and Users Form P1 Obtain employer number development through partnership Construction Industry Development Board What needs to happen on and after d-day? • Register of contractors • Register of projects development through partnership Construction Industry Development Board Register of contractors The contractor grading designation must be applied in all tender advertisements for engineering and construction works and in the procurement documents relating to such works. Register of projects The register of projects must be applied to all construction contracts awarded development through partnership Construction Industry Development Board Using the CIDB website / i-tender service • • • • • • • Confirm the grading / registration / application status of contractors Obtain information on the numbers and profiles of registered contractors Establish the contractor grading designation of JVs Advertise tenders / expressions of interest Cancel tenders Report on the award and cancellation of contracts View advertisements / awards / cancellations development through partnership Construction Industry Development Board Verification process development through partnership Construction Industry Development Board Contact persons Please contact the following people at the CIDB for: Procurement related issues Nomaphoso Mkhonza Lerato Molefe Contractor Registration issues: Wisane Maluleke Busang Tjale Tel: 0860 10 33 53 development through partnership Construction Industry Development Board Thank You development through partnership Construction Industry Development Board