Generally, tender submissions are evaluated in terms of "Financial offer and preference". In the event of "functionality" being introduced as part of an evaluation criteria, such a requirement must be stated in the tender documents.
| 4.3.1 | Process for Evaluation of Tenders on Functionality |
| 4.3.1.1 | The evaluation criteria for measuring functionality must be objective. |
| 4.3.1.2 | The tender documents must specify— |
| (a) | the evaluation criteria for measuring functionality; |
| (b) | the points for each criteria and, if any, each sub-criterion; and |
| (c) | the minimum qualifying score for functionality. |
| 4.3.1.3 | The minimum qualifying score for functionality for a tender to be considered further— |
| (a) | must be determined separately for each tender; and |
| (i) | low that it may jeopardize the quality of the required engineering and construction works; or |
| (ii) | high that it is unreasonably restrictive. |
| 4.3.1.4 | Points scored for functionality must be rounded off to the nearest two decimal places. |
| 4.3.1.5 | A tender that fails to obtain the minimum qualifying score for functionality, as indicated in the tender documents is not an acceptable tender. |
| 4.3.1.6 | Each tender that obtained the minimum qualifying score for functionality must be evaluated further in terms of price and the preference point system and any objective criteria envisaged in regulation 11 of the Preferential Procurement Regulations, 2017 (as amended). |
| 4.3.2 | Functionality in different Contracting Strategies |
To apply the different contracting strategies, works shall be classified as follows:
| • | Simple/straightforward/routine work - where the tasks or activities are of a straightforward nature in terms of which inputs are relatively well known and outputs can be readily defined. |
| • | Complex work - characterised by requirements for higher levels of skills, greater resources or not well defined inputs and outputs. |
| • | Specialist work - requiring considerable innovation, creativity, and expertise or skill (or both) or work that has a high downstream impact. |
Note: The value of the project or quantities shall not be used to determine whether the project is of a complex or specialist nature.
| 4.3.2.1 | Design by an employer |
| (a) | If the construction works contract is deemed to be simple or straightforward or routine. No functionality criteria shall be specified in the tender data. |
| (b) | If the construction works contract is deemed to be of a complex or specialist works, the employer may, in the tender data, specify functionality criteria and such criteria shall include: |
| (i) | Relevant applicable trades or skills in accordance with the scope of works; or |
| (ii) | Suitably qualified professional person in the built environment; or |
| (iii) | Any other legislated requirements as per the scope of works. |
Note: The following contracting strategies are deemed to be deployed in circumstances where construction works contracts are of a complex or specialist works.
| 4.3.2.2 | Develop and Construct |
The employer must, in the tender data, specify functionality criteria and such criteria shall include:
| (i) | Professionals registered with relevant built environment professions councils. |
| (ii) | Demonstrated experience of key personnel in relation to the scope of works. |
| (iii) | Any other legislated requirements as per the scope of work. |
| 4.3.2.3 | Design and Build/Construct |
The employer must, in the tender data, specify functionality criteria and such criteria shall include:
| (i) | Professionals registered with relevant built environment professions councils. |
| (ii) | Demonstrated experience of key personnel in relation to the scope of works. |
| (iii) | Any other legislated requirements as per the scope of work. |
| 4.3.2.4 | Management Contract |
The employer must, in the tender data, specify functionality criteria and such criteria shall include:
| (i) | Professionals registered with relevant built environment professions councils. |
| (ii) | Demonstrated experience of key personnel in relation to the scope of works. |
| (iii) | Any other legislated requirements as per the scope of work. |
| 4.3.3 | Where functionality is evaluated, at least three persons who are fully conversant with the technical aspects of the scope of works shall undertake such evaluation. |
