Earlier this month the Association published the three CIDB Best Practice Standards that were published in Government Gazette on the 31 October 2017. An overview of the salient points are as follows:
No.1237 Competence Standard for Contractors
This Standard sets down the competencies of a contracting enterprise which are required to reside with the owner and/or key nominated representatives of the contractor. These competencies are measured against minimum acceptable standards necessary for running a contracting enterprise and for supervising building and construction works.
Please note that key nominated representatives must be an employee of the company.
The minimum qualifications for contractors are as follows:
GB Grades 7 to 9 is an Accredited National Diploma in the Built Environment with a minimum of 7 years’ experience.
GB Grades 5 & 6 is a National Certificate: Construction Contractor: Project Build
GB Grades 2 to 4 is a National Certificate: Construction Contracting
No. 1238 Minimum Requirements for Engaging Contractors and Sub-Contractors on Construction Works Contracts
This Standard establishes the minimum requirements in the appointment of Principal/Main Contractors and Sub-Contractors on construction works contracts in terms of compliance with terms of good standing with COIDA, registration with the relevant Bargaining Councils ( if applicable ), a written contract between the Main Contractor and Sub-Contractors with payment requirements in terms of the contract.
The following contracts are recognised in terms of this standard:
CIDB Standard Subcontract (labour only)
JBCC Nominated / Selected Subcontract Agreement
NEC Engineering and Construction Subcontract ( including Short )
FICIC Conditions of Subcontract for Construction
SAFCEC General Conditions of Subcontract
MBSA Subcontract Agreement
MBSA Labour Only Subcontract Agreement
It is important to note that for any agreement for a value that exceeds the lower limit of Grade 7, the written contract between the main contractor and subcontractor may not contain any provision making payment to a subcontractor conditional on the main contractor receiving payment from a third part ( pay when paid clause )
No. 1239 Targeting Enterprises and Labour through Construction Works Contracts
This Standard establishes uniformity and standardisation in contract participation goals relating to a contract for the provision of construction works. It must be noted that this Standard does not apply to the Expanded Public Works Programme.
This is an extremely comprehensive and complicated document describing the numerous criteria that may be incorporated in Targeted Procurement. This document is aligned to the Preferential Procurement Regulations 2017 and should be used as the guideline in this Acts implementation.
In addition, this Standard contains the following guidelines:
Undertaking a Feasibility Study for Specifying CPGs
Memorandum of Understanding
Community Liaison Officer
Selection and Recruitment of Targeted Labour