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

Title

Synopsis

Theme: Uniformity and efficacy in procurement methods, procedures and processes

Best Practice Guideline A1: The Procurement Cycle (1001)

This practice guide identifies six main procurement activities that apply to all procurements irrespective of their categorization as supplies, services and engineering and construction works. It also identifies the generic steps (sub-activities) associated with such activities and the logical points in the process where controls should be introduced. The actions associated with these activities and sub-activities are documented as well as the inputs and outputs to each of the actions in a logical framework.

The practice guide also presents the recommended approach to performing the various activities and sub-activities.

Best Practice Guideline A2: Applying the procurement prescripts of the CIDB in the Public Sector (1002)

This practice guide provides guidelines on the application of the CIDB’s Standard for Uniformity in Construction. It also establishes the relationship between this standard and National Treasury’s Regulatory Framework for Supply Chain Management.

Guidance is also provided on the establishment of a procurement policy within an institution and the manner in which procurement may be managed and controlled.

Best Practice Guideline A3: Evaluating tender offers

(1003)

This practice guide provides guidance on the evaluation of tenders in accordance with the provisions of the CIDB Standard for Uniformity in Construction Procurement respect of the seven steps identified in Practice Guide A1 associated with this activity. It also contains proforma forms to evaluate tender offers and an example of a tender evaluation report.

Best Practice Guideline A4: Evaluating Quality in Tender Submissions (1004)

This practice guide defines quality within the procurement context and reviews the requirements for evaluating quality in the accordance with regulatory requirements and the provisions of the CIDB Standard for Uniformity in Construction Procurement for the evaluation of quality. It furthermore provides practical guidelines on the awarding of preferences for quality, pre-qualification on the basis of quality and the scoring of tender submissions in terms of quality and price or quality, price and preference.

Best Practice Guideline A6: Applying the Registers to Construction Procurement

(1006)

This practice guide outlines the processes associated with the implementation of the register of contractors and the register of projects in accordance with the provisions of the Construction Industry Development Regulations. It provides guidelines to employers and their agents to comply with the requirements of these regulations in their procurements and describes the manner in which requirements relating to contractor grading designations may be incorporated in procurement documents.

Best Practice Guideline B1: Formulating and Implementing Preferential Procurement Policies (1007)

This practice guide presents a range of policy options and implementation methodologies that may be pursued in the formulation of preferential procurement policies that are consistent with the provisions of the South African regulatory regime. The guide introduces the thinking behind preferential procurement policies, the manner in which such policies are implemented internationally and the constraints to implementation within South Africa. It interprets the Preferential Procurement Policy Framework Act and related regulations, identifies the methods by which preferences may be applied, provides guidelines as to how preferential procurement policies may be formulated to satisfy legislative requirements and contains examples of preferential procurement policies that are drafted in accordance with this practice guide.

Best Practice Guideline B2: Methods and Procedures for Implementing Preferential Procurement Policies (1008)

This practice guide provides a range of uniform methods and procedures for implementing a wide range of policy themes in a consistent manner. The guide presupposes that a preferential procurement policy is in place and focuses on the capturing of preferencing requirements in procurement documents. It contains sample preferencing schedules, clauses required to activate preferencing in the Tender Data where use is made of the CIDB Standard Conditions of Tender, and data capture forms.

Theme: Uniformity and efficacy in procurement documentation

Best Practice Guideline C1: Preparing Procurement Documents (1009)

This practice guide identifies the various types of procurement documents and provides a uniform format for the drafting and compilation of these documents. It also establishes a practical approach to uniformity and standardization of procurement documents within an organization and makes recommendations regarding the forms of contracts which should be used. It also contains a number of proforma component documents to facilitate a uniform approach.

Best Practice Guideline C2:

Choosing an appropriate Form of Contract for Engineering and Construction Works (1010)

This practice guide presents the fundamental considerations in the selection of a form of contract for engineering and construction works. It presents an overview of three different series of forms of contracts and provides practical guidance of the selection of appropriate forms of contract for an organization or for use in selected pricing and contracting strategies.

Theme: Contracting strategies Best Practice Guideline A5: Managing Construction Procurement Risks (1005)

This practice guide outlines the main elements of the risk management process. It identifies the generic sources of construction related risks, presents a range of options for risk allocation between the employer and the contractor and discusses the question of insurances. It also provides guidelines for the management of risk.

Theme: Alternative dispute resolution

Best Practice Guideline C3: Adjudication (1011)

This practice guide provides an overview of what adjudication is, presents the principles underpinning adjudication, reviews the provisions for adjudication in standard forms of contract (NEC, FIDIC and CIDB), outlines an approach for the selection and use of adjudicators, and provides sample clauses and proforma agreements to be included in procurement documents.

Theme: Subcontracting arrangements

Best Practice Guideline D1: Subcontracting Arrangements (1012)

This practice guide establishes acceptable practices in respect conditions of subcontract. Features of forms of subcontract which are unacceptable to the Employer and the Contractor are identified and described. It also recommends forms of subcontract which have desirable features for use with the main contracts identified in Practice Guide C2 and reviews the legal considerations in the engagement of labour only subcontractors.

Best Practice Guideline D2: Joint Venture Arrangements (1013)

This practice guide identifies the reasons for forming joint ventures, reviews requirements for the formation of joint ventures in response to preferential procurement policies and presents an overview of the typical content of a joint venture agreement. It also identifies the standard joint venture agreements forms that are suitable for use or to serve as a basis for the development of an agreement.

Documents

Title

Synopsis

CIDB Adjudication Procedure

1014)

This document contains an adjudication procedure and an agreement for the appointment by the parties of an adjudicator. It may be used in any form of contract or subcontract.

(CIDB Standard Professional Services Contract (1015)

This standard form of contract establishes the risks, liabilities and obligations of the parties to a professional service contract.

CIDB Subcontract For Labour Only Engineering and Construction Works (1016)

This standard form of contract establishes the risks, liabilities and obligations of the parties to a labour only subcontract involving engineering and construction works.

CIDB Joint Venture Agreement (1017)

This joint venture agreement establishes the basic agreement between the joint venture partners and outlines the content of the schedules that are necessary to make the agreement project specific.

CIDB General conditions of purchase (1018)

This standard form of contract establishes the risks, liabilities and obligations of the parties to very basic supply contracts.

CIDB Contract for the Supply and Delivery of Goods (1019)

This standard form of contract establishes the risks, liabilities and obligations of the parties to a simple supply contract.

Documents

Title

Synopsis

CIDB Supply of Goods (Short Contract) (1020)

This standard form of contract, based on the NEC system, establishes the risks, liabilities and obligations of the parties to a simple supply contract.

CIDB The Supply Contract (1021)

This standard form of contract, based on the NEC system, establishes the risks, liabilities and obligations of the parties to a complex supply contract.

Practice Manuals published by the South African Institution of Civil Engineering

SAICE Practice Manual #1. The use of South African National Standards in Construction Procurement

This practice manual provides comprehensive guidance on the use of SANS 294, SANS 10403, SANS 10396, and the SANS 1914, SANS 1921 and SANS 2001 families of standards in construction procurement. It also provides guidance on the use of SABS 1200 where procurement documents are compiled using in accordance with the provisions of SANS 10403.

SAICE Practice Manual #2: Delivering construction projects using the design by employer contracting strategy

This practice manual presents an overview of a number of contracting strategies that are commonly encountered in engineering and construction works contracts and fully describes the processes and sub-processes associated with design by employer contracting strategy. It also outlines the administrative processes associated with FIDIC, GCC, NEC and JBCC forms of contract with this contracting strategy.

Standards published by Standards South Africa

SANS 294, Construction Procurement processes, procedures and methods

This standard provides processes, methods and procedures for the establishment within an organization of a procurement system that is fair, equitable, transparent, competitive and cost effective. It:

SANS 1914-1, Resource Standard for the Participation of targeted enterprises

These six standard targeted construction procurement standards:

SANS 1914-2, Resource Standard for Participation of targeted partners in joint ventures

SANS 1914-3, Resource Standard for Participation of targeted enterprises and targeted partners in joint ventures

SANS 1914-4, Resource Standard for Participation of targeted enterprises and targeted labour (local resources)

SANS 1914-5, Resource Standard for Participation of targeted labour.

SANS 1914-6, Resource Standard for Participation of targeted enterprises in concession contracts

SANS 1921-1, Construction and Management Requirements for Works Contracts: Part 1: General requirements for engineering and construction works

This standard establishes general construction and management requirements, which are applicable in a wide range of engineering and construction works contracts.

SANS 1921-3, Construction and management requirements for works contracts, Part 3: Structural steelwork

This specification contains requirements for managing the fabrication and erection of structural steelwork.

Documents

Title

Synopsis

SANS 10403, Formatting and Compilation of Construction Procurement Documents

This standard establishes at both prime and subcontract level:

a uniform format for the compilation of procurement documents for supplies, services and engineering and construction works contracts; and

the general principles for compiling procurement documents in respect of supplies, services and engineering and construction works.

SANS 10396, Implementing Preferential Procurement Policies Using Targeted Procurement Procedures

This standard:

Forms of Contract and Agreements

SAFCEC Joint venture agreement

This joint venture agreement comprises the agreement itself and the heads of agreement between the partners in a joint venture.

FIDIC Joint Venture Consortium Agreement

This joint venture agreement is intended only for joint ventures between professional service providers and is not suitable for use by contractors.

BIFSA Non-Nominated Subcontract for use with the JBCC Series 2000 Principal Building Agreement

BIFSA Standard Subcontract Agreement 1995 edition (Amended 2000), for use with Principal Building Agreements other than the JBCC Principal Building Agreement

BIFSA Labour-only sub-contract

JBCC series 2000 Nominated/selected Subcontract Agreement

These forms of subcontract establish the risks, liabilities and obligations of the parties to a subcontract.

JBCC series 2000 Engineering General Conditions

NEC Engineering and Construction Subcontract

NEC Engineering and Construction Short Subcontract

SAFCEC General conditions of subcontract (2003 edition)

FIDIC Conditions of Contract for Construction ("Red Book")

These forms of contract establish the risks, liabilities and obligations of the parties to a contract.

FIDIC Conditions of Contract for Plant and Design-Build ("Yellow Book")

FIDIC Conditions of Contract for FIDIC

EPC/Turnkey Projects ("Silver Book")

FIDIC Short Form of Contract ("Green Book")

JBCC series 2000 Principal Building Agreement

Documents

Title

Synopsis

JBCC series 2000 Minor Works Agreement

NEC Engineering and Construction Short Contract (ECSC)

NEC Engineering and Construction Contract (ECC)

NEC - The Professional Services Contract

This form of contract establishes the risks, liabilities and obligations of the parties to a professional services contract.

NEC Term services contract

This form of contract establishes the risks, liabilities and obligations of the parties to a professional services contract.

SAICE General Conditions of Contract for Construction Works (2004)

This form of contract establishes the risks, liabilities and obligations of the parties to a contract.