Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)

Board Notices

Standard for Uniformity in Construction Procurement - July 2015

3. Definitions
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For the purposes of this standard, the definitions given in the Construction Industry Development Board Act 38 of 2000 and the Construction Industry Development Regulations issued in terms of section 33 of the Construction Industry Development Board Act (some of which are repeated for convenience) and the following definitions apply:

 

3.1black people means Africans, Coloureds and Indians—
(a)who are citizens of the Republic of South Africa by birth or descent; or
(b)who became citizens of the Republic of South Africa by naturalisation—
(i)before 27 April 1994; or
(ii)on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date;

 

3.2construction procurement means procurement in the construction industry, including

 

3.3construction industry means the broad conglomeration of industries and sectors which add value in the creation and maintenance of fixed assets within the built environment;

 

3.4contract data means the document that states the applicable conditions of contract and associated contract-specific data that collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the contract;

 

3.5emerging enterprise means an enterprise which is owned, managed and controlled by black people and which is overcoming business impediments arising from the legacy of apartheid;

 

3.6engineering and construction works contract means a contract for 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 structures, including building and engineering infrastructures;

 

3.7expression of interest means a request for tenderers to register their interest in undertaking a specific contract or to participate in a project or programme and to submit their credentials so they may, in terms of the organization’s procurement procedures, be invited to submit a tender offer should they qualify or be selected to do so;

 

3.8functionality means the measurement according to the predetermined norms of a service or commodity designed to be practical and useful, working or operating, taking into account quality, reliability, viability and durability of a service and technical capacity and ability of a tenderer;

 

3.9form of offer and acceptance means the documents that formalize the legal process of offer and acceptance;

 

3.10list of returnable documents means the document that lists everything the employer requires a respondent or tenderer to submit with his submission;

 

3.11notice and invitation to submit an expression of interest means the document that alerts respondents to submit their credentials in order to be admitted to an electronic database or to be invited to submit tenders should they satisfy the stated criteria.

 

3.12pricing assumptions means the document that provides the criteria and assumptions which it will be assumed in the contract, that the tenderer has taken into account when developing his prices, or target, in the case of target cost contracts;

 

3.13scope of work means the documentation that specifies and describes the goods, services, or engineering and construction works which are to be provided and any other requirements and constraints relating to the manner in which the contract work is to be performed;

 

3.14services contract means the contract for the provision of labour or work, including knowledge-based expertise, carried out by hand, or with the assistance of equipment and plant;

 

3.15scope of work means the document that specifies and describes the goods, services, or engineering and construction works which are to be provided and any other requirements and constraints relating to the manner in which the contract work is to be performed;

 

3.16submission data means the document that establishes the respondent’s obligations in submitting an expression of interest and the employer’s undertakings in the processing of the submission;

 

3.17site information means the document that describes the site as at the time of tender, to enable the tenderer to price his tender and to decide upon his method of working and programming;

 

3.18supply contract means a contract for the provision of materials or commodities made available for purchase;

 

3.19tender data means the document that establishes the tenderer’s obligations in submitting a tender and the employer’s undertakings in administering the tender process and evaluating tender offers;

 

3.20tender notice and invitation to tender means the document that alerts prospective contractors to the nature of the goods, services and engineering and construction works required by the employer and contains sufficient information to solicit a response;

 

3.21threshold means a monetary value of a procurement contract established in any legislation governing procurement or by the executive of an institution, below which a procedure may be used.

 

Note:        The term “bid” in the context of this standard is synonymous with term “tender”.