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

Board Notices

Standard for Uniformity in Engineering and Construction Works Contracts : August 2019

4. Requirements

4.5 Applying the cidb register of contractors to public contracts
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4.5.1 Subject to regulation 6 read with regulation 25 of the Construction Industry Development Regulations, 2004 (as amended), contractor grading designations shall, where appropriate, be described in all procurement documents by a three-digit alpha-numeric where the first character is a number representing the tender value designation and the next two characters are capital letters representing the designation for the class of engineering and construction works.

 

4.5.2 The following wording must be included in the Notice and Invitation to Tender in all engineering and construction works contracts:

 

It is estimated that tenderers must have a cidb contractor grading designation of .......... or .......... or higher ..........

 

Note: Delete "or …." where only one class of construction works is applicable.

 

4.5.3 The following wording must be included in the Tender Data, where the class of work is designated in terms clause 4.5.1:

Clause number

(refer to Annex C)

 

C.2.1

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 .......... Or .......... *. class of construction work, are eligible to have their tenders evaluated.

 

Joint ventures are eligible to submit tenders provided that:

1. every member of the joint venture is registered with the cidb;
2. the lead partner has a contractor grading designation in the ..........  or .......... * class of construction work; or not lower than one level below the required grading designation in the class of works construction works under considerations and possess the required recognition status.
3. the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a or .......... * class of construction work or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations.

* insert class of construction work. Delete "or .......... " where only one class of construction works is applicable.

 

4.5.4 The following wording must be included in the Notice and Invitation to submit an Expression of Interest in respect of engineering and construction works, where the contractor grading designation is based on the estimated value of a tender that may arise:

 

Respondents must have a contractor grading designation of..........  or ..........  or higher.

 

Note: Delete "or .......... " where only one class of construction works is applicable.

 

4.5.5 The following wording must be included in the Submission Data:

 

Clause number

(refer to Annex E)

 

E.2.1

Only those respondents who are registered with the Construction Industry Development Board, or are capable of being so registered within twenty-one (21) working days from the closing date for submission of tenders, in a contractor grading designation of ..........  or ..........  * or higher, are eligible to have their submissions evaluated.

*insert contractor grading designation for one or two classes of construction works. Delete “or ….” where only one class of construction works is applicable.

 

4.5.6 The following wording must be included in the Submission Data:

 

Clause number

(refer to Annex E)

 

E.2.1

Joint ventures are eligible to have their submissions evaluated provided that:

1. every member of the joint venture is registered with the cidb not later than twenty-one (21) working days from the closing date for tenders;
2. the lead partner has a contractor grading designation in the ..........  or .......... * class of construction work; or not lower than one level below the required grading designation in the class of works construction works under considerations and possess the required recognition status.
3. the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than the required contractor grading designation.

* insert class of construction work. Delete "or …." where only one class of construction works is applicable.

 

4.5.7 Where an employer promotes potentially emerging enterprises within a framework of a targeted development programme as contemplated in terms of the Construction Industry Development Regulations:
(a) the wording provided in the Notice and Invitation to Tender in terms of 4.5.2 shall be amended as follows:

 

It is estimated that tenderers must have a cidb contractor grading designation of …… or …….* or higher ….. or …….** potentially emerging enterprises who satisfy criteria stated in the Tender Data may submit tender offers.

 

* insert estimated contractor grading designation in one or two construction classes, as relevant.
** insert one contractor grading designation below estimated contractor grading designation

 

Note: Delete "or .......... " where only one class of construction works is applicable.

 

(b) the wording in the Tender Data provided in terms of 4.5.3 shall be amended as follows:

 

Clause number (refer to Annex C)

 

C.2.1

The following tenderers who are registered with the cidb, or are capable of being so registered prior to the evaluation of submissions, are eligible to have their tenders evaluated:

(a) contractors who have 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 ….. or …….*. class of construction work; and
(b) contractors registered as potentially emerging enterprises with the cidb who are registered in one contractor grading designation lower than that required in terms of a) above and who satisfy the following criteria:...........................................................**
* insert class of construction work. Delete "or .......... " where only one class of construction works is applicable.
**state criteria relevant to employer’s targeted development programme

 

(c) the wording provided in terms of 4.5.4 shall be amended as follows:

 

Respondents must have a contractor grading designation of .......... or.......... or higher.......... or.......... potentially emerging enterprises who satisfy criteria stated in the Submission Data may submit expressions of interest.

 

Note: Delete "or .........." where only one class of construction works is applicable.

 

(d) the wording in the Submission Data provided in terms of 4.5.5 shall be amended as follows:

Clause number (refer to Annex D)

 

D.2.1

The following respondents who are registered with the cidb or are capable of being so registered within twenty-one (21) working days from the closing date for the submission of tenders are eligible to have their submissions evaluated:

(a) those respondents who are registered with the Construction Industry Development Board or are capable of being so registered within twenty-one (21) working days from the closing date for submission of tenders, in a contractor grading designation of ..........  or .......... *or higher; and
(b) contractors registered as potentially emerging enterprises with the cidb who are registered in one contractor grading designation lower than that required in terms of a) above and who satisfy the following criteria: …………………………………………………..**
* insert contractor grading designation for one or two classes of construction works. Delete "or …." where only one class of construction works is applicable.
**state criteria relevant to employer’s targeted development programme.

 

(e) details appropriate to any support provided must be stated in the Contract Data, the Pricing Data and the Scope of Work, as relevant.

 

4.5.8 Employers, wherever appropriate, in support of industry development, shall in the application of the register of contractors, promote the participation and development of registered contractors by means of one or more of the following:
(a) unbundling projects into smaller contracts;
(b) implementing targeted development programmes to support potentially emerging contractors in accordance with the provisions regulations 25(8) of the Construction Industry Development Regulations;
(c) requiring a prime contractor to subcontract defined portions of the works to such contractors in accordance with the provisions of 4.4.5.