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TABLE OF CONTENTS CHAPTER 1. INTRODUCTION .......................................................................................................................................... 4 CHAPTER 2. DEFINITIONS ............................................................................................................................................... 5 CHAPTER 3. PROJECT LIFE-CYCLE .............................................................................................................................. 8 3.1 Introduction ................................................................................................................... Error! Bookmark not defined. 3.2 Project life-cycle ............................................................................................................................................................ 8 CHAPTER 4. CONSULTING SERVICES ......................................................................................................................... 10 CHAPTER 5. PROCUREMENT OF CONSULTING SERVICES ..................................................................................... 11 5.1 Legal Environment for Procurement of Consulting Engineering Services .................................................................. 11 5.2 objectives of procurement ........................................................................................................................................... 13 5.3 Methods of Procurement ............................................................................................................................................ 14 5.4 CIDB’s Best Practice Guidelines: Competitive Selection ............................................................................................ 14 CHAPTER 6. SCOPE ....................................................................................................................................................... 16 6.1 planning, studies, investigations and assessments .................................................................................................... 16 6.2 SCOPE of services for normal project design stages ................................................................................................. 17 6.3 The Scope of Work ..................................................................................................................................................... 18 6.4 important considerations ............................................................................................................................................. 19 CHAPTER 7. TENDER DOCUMENTATION FOR CONSULTING ENGINEERING SERVICES ..................................... 21 7.1 Model for Uniformity .................................................................................................................................................... 21 7.2 Headings and Content of Component documents ........................................................ Error! Bookmark not defined. 7.3 Guidelines for compiling the documentation ............................................................................................................... 21 7.4 Points to note ................................................................................................................ Error! Bookmark not defined. CHAPTER 8. VALUE – ADDED SERVICES ................................................................................................................... 22 8.1 The Concepts of Financial Offer and Quality .............................................................................................................. 22 8.2 The Concept of Value ................................................................................................................................................. 24 8.3 Guidelines for pricing of Tenders ................................................................................................................................ 24 8.4 The Relevance of a Benchmark ................................................................................................................................. 27 8.5 The Multiplier .............................................................................................................................................................. 27 8.6 The Concept of “Value Bidding” .................................................................................................................................. 28 8.7 Points to Note ............................................................................................................................................................. 28 CHAPTER 9. EVALUATION OF TENDERS .................................................................................................................... 29 9.1 CIDB’s Best Practice Guidelines: Evaluation of Tenders ........................................................................................... 29 9.2 Stating the Evaluation Criteria .................................................................................................................................... 29 9.3 Recommended Approach – Evaluating Quality with Financial Offer .......................................................................... 29 9.4 Points to Note ............................................................................................................................................................. 31 9.5 Tables for the evaluation of tenders ........................................................................................................................... 33 CHAPTER 10. PERFORMANCE MONITORING ............................................................................................................... 45 10.1 Communication and Liaison ....................................................................................................................................... 45 10.2 Suggested Performance Monitoring and Evaluation Process .................................................................................... 45 10.3 Points to Note ............................................................................................................................................................. 46
CHAPTER 1. INTRODUCTION
“Consulting Engineers South Africa” (CESA) was established in 1952 as the South African Association of Consulting Engineers. Over the past six decades, as the construction industry and the consulting engineering profession have evolved, a great many methods by which clients procured the services of consulting engineers have been witnessed. This evolution continues today, having gained impetus as new democratic processes have come to the fore in South Africa.
This Guide reflects what is considered best practice today for Consulting Engineers – to appropriately respond to calls for consulting engineering services and to deliver these services in a true value–added context. It incorporates the requirements of all applicable legislation including the Construction Sector Charter published in terms of Section 9(1) of the BBBEE Act, 53 0f 2003.
The contents of this Guide focus on suggestions to Clients in requesting services and for Consulting Engineers in framing their responses to these requests. This has been done in order to better inform the procurement process.
The Guide has been prepared in collaboration with the Construction Industry Development Board (CIDB), whose own numerous publications and notes towards attaining best practice in the construction industry, and the procurement and use of professional service providers, are used as a framework. Wherever possible the terminology used in the Guide has been aligned to reflect the terminology and methodology contained in the CIDB documentation.
Subsequent to the abovementioned collaboration, the Guide has been formally recognised by the CIDB as follows:
“The CIDB wishes to acknowledge CESA for its efforts in the development of this manual that serves to provide guidelines to its members on construction procurement. We trust that this document will assist in providing direction and understanding of government’s legislative requirements for infrastructure delivery to CESA members, but is not a substitute for the CIDB construction procurement prescripts. The CIDB looks forward to further cooperation with CESA in the search for best practice and innovative delivery models to improve the rate of growth and development of the South African Construction Industry. ”
In addition to the Introduction and definitions, this manual has been laid out in the same order as the typical flow in the procurement process as follows:
CHAPTER 3. PROJECT LIFECYCLE An outline of the typical project life cycle as background.
CHAPTER 4. CONSULTING SERVICES A description of typical consulting services that can be provided by consulting engineers.
CHAPTER 5. PROCUREMENT OF CONSULTING SERVICES Legislation and objectives of procuring consulting engineering services
CHAPTER 6. SCOPE An expanded description of various elements of scope.
CHAPTER 7. TENDER DOCUMENTATION FOR CONSULTING ENGINEERING SERVICES Guidelines for preparing tender documentation for CE services.
CHAPTER 8. VALUE – ADDED SERVICES An expansion on the issues surrounding value that is obtained through CE services and pricing for these services.
CHAPTER 9. EVALUATION OF TENDERS Guidelines on the evaluation of CE tenders for services.
CHAPTER 2. DEFINITIONS
Terminology used in this Manual has been chosen to reflect the terminology used by the CIDB, to facilitate crossreferencing with CIDB documentation. Some of the more important changes are listed below: In most cases the definitions in this manual coincide with the definitions given in the latest Guideline Scope of Services and Tariff of Fees for Persons Registered in terms of the Engineering Profession Act, 2000 (Act No. 46 of 2000), as well as the Revised Standard for Uniformity in Construction Procurement, published in terms of the Construction Industry Development, Board Act, 2000 (Act No. 38 of 2000)
(i) “Bid” see tender below.
(ii) “Building Project” means a project comprising building work, together with its associated engineering work, where the engineer is subject to the authority of another professional acting as the Principal Agent while financial and administrative matters are dealt with by another professional.
(iii) “Client”, means any juristic person or organ of the State engaging a consulting engineer for services on a project.
(iv) “Construction monitoring” means the process of administering the construction contract and over seeing and/or inspecting the works, to the extent of the consulting engineer’s engagement, for the purpose of verification that the works are being completed in accordance with the requirements of the contract that the designs are being correctly interpreted and that appropriate construction techniques are being utilized. Construction monitoring, to whatever extent, shall not diminish the contractor’s responsibility for executing and completing the works in accordance with his contract.
(v) “Construction industry”, the broad conglomeration of industries and sectors which add value in the creation and maintenance of fixed assets within the built environment.
(vi) “Construction Procurement” means the invitation, tendering, award and carrying out of projects.
(vii) “Consulting engineer”, for purposes of these rules only, means any professional registered in terms of the Act, or a juristic person who employs such professional, engaged by a client on a project;
(viii) “Contract”, means the formal agreement between the client and the consulting engineer also called the Form of Agreement.
(ix) “Contract Data”, means the portion of the tender document that relates specifically to the Contract in question and includes all the applicable conditions and related data in respect of insurances, limits, durations and programme.
(x) “Contractor” means any person or a juristic person under contract to a client to perform the works or part of it on a project, including a subcontractor under contract to such contractor;
(xi) “cost of the works” means the total final amount (or a fair estimate thereof), exclusive of value added tax, certified or which would, normally, be certifiable for payment to contractors (irrespective of who actually carries out the works) in respect of the works designed, specified or administered by the consulting engineer, before deduction of liquidated damages or penalties, including –
Escalation, assuming continuity of the project through to final completion. Where delays occur in the project cycle the client and consultant should come to an agreement on the escalation that will be applicable to various stages of services.
a prorata portion of all preliminary and general items applicable to the Works;(irrespective of who actually carries out the works) and
the costs of new materials, goods or equipment, or a fair evaluation, of such material, goods or equipment as if new whether supplied new or otherwise by, or to, the client and including the cost or a fair evaluation of the cost of installation (the sourcing, inspection and testing of such will comprise additional services by the consulting engineer);
(xii) “Electronic Engineering Services” means services related to the provision of electronic systems and detailing the terminations, signals and interconnections of electronic components as distinct from conventional electrical HV, MV and LV systems and related reticulation.
(xiii) “Emerging Enterprise”, means and enterprise that is owned managed and controlled by previously disadvantaged persons as defined in Government Gazette No 30692 1 February 2008.
(xiv) “Engineering and Construction Works Contract”, means a contract for the provision of a combination of supplies and services, arranged for the development, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling or demolition of structures, including building and engineering infrastructures
(xv) “Engineering Project” means a project of which the scope comprises mainly engineering work.
(xvi) “Expression of interest”, involves both a request for an Expression of Interest and the Consulting Engineer’s response to the request. The request is 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 shortlisted and invited to submit a tender offer should they qualify or be selected to do so.
(xvii) “Financial Offer” see Tender Price.
(xviii) “Form of agreement”, means a standardised document setting out the formal agreement between the client and the consulting engineer for the providing the scope of services for the specified scope of works
(xix) “Form of offer and acceptance”, the documents that formalise the legal process of offer and acceptance.
(xx) “Functionality” see quality.
(xxi) “list of returnable documents “ means the document that lists everything the employer requires a tenderer to submit with his tender submission
(xxii) “Normal services” means the typical services as set out be ECSA that should be provided on a project and for which payment in terms of the ECSA guidelines tariffs should normally provide adequate remuneration.
(xxiii) “Pricing instructions” 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
(xxiv) “Principal Agent” means the Professional Service Provider appointed as such.
(xxv) “project” means any total scheme envisaged by a client, including all the works and services concerned;
(xxvi) “Quality (functionality)” the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs.
(xxvii) “Services Contract”, means a contract for the provision of labour or work, including knowledge based expertise, carried out by hand, or with the assistance of equipment and plant
(xxviii) “Site 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.
(xxix) “Scope of Services” means the services which a consulting engineer must provide in relation to the Scope of Work.
(xxx) “Scope of Work” means the portion of the works for which the consulting engineer is engaged.
(xxxi) “Stage” means one of six stages of the normal services set out below.
(xxxii) “The Act” means the Engineering Profession Act, 2000 (Act No. 46 of 2000);
(xxxiii) “Total annual cost of employment” means the total annual cost of employment as defined in clause Error! Reference source not found.;
(xxxiv) “Submission data”, 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
(xxxv) “Supplies contract “ means a contract for the provision of materials or commodities made available for purchase.
(xxxvi) “Tender 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;
(xxxvii) “Tender notice and invitation to tender” means the document that alerts prospective Professional Services Suppliers to the nature of the supplies, services and engineering and construction works required by the employer and contains sufficient information to solicit comparable responses.
(xxxviii) “Tender Price”, means the price submitted for the required services including all other payment conditions and related information in respect of costs and disbursements.
(xxxix) “Threshold”, 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.
(xl) “Works” means the activities on a project for which contractors are under contract to the client to perform or are intended to be performed, including the supply of goods and equipment;
CHAPTER 3.
CHAPTER 3. PROJECT LIFECYCLE
The construction industry within South Africa is a wellestablished sector that has nationally delivered infrastructure of high standard on a par with the developed world. It is an efficient and effective ‘machine’ that delivers infrastructure at the right quality, within budget and deadline.
Its primary constraint has not been a lack of capacity and skills but rather a lack of investment by government and the private sector, as well as the complicated procurement regime resulting from a plethora of recent legislation.
The intention of this Manual is to generally guide clients and consulting engineers through this ‘minefield’ with regard to their role in the construction project lifecycle and especially the associated procurement aspects.
3.1 PROJECT LIFECYCLE
The project life cycle involves several elements as shown in the figure below.
Project Life Cycle
The first 3 steps in the project life cycle are associated with identifying a potential project and defining and selecting the most appropriate feasible project that can meet the need.
The next 3 steps involve developing the project through to the final design stage and procuring a Contractor to construct the project.
Thereafter the project is constructed and handed over to the client who will have processes in place to operate and maintain the resulting facility.
3.1.1 Identification
The first step in the project lifecycle is to identify the need to a project. This is normally the result of many planning, or operations and maintenance studies that show a need of one form or another that can be met through a construction project. This step in the project life cycle normally involves many processes that are initiated or carried out by the owner of infrastructure. Such processes may involve the appointment of specialist consulting engineers or other professional service providers who may assist in identifying the causes and potential solutions to problems and a range of potential projects that may solve the problem while at the same time not making an unnecessary impact on the physical and social environment and also ensuring reasonable project sustainability.
3.1.2 Definition
Once the potential projects have been identified they will need to be assessed through more detailed planning and investigation studies in order to define the project in more detail. Inappropriate solutions will be rejected and a short list of alternative solutions prepared.
3.1.3 Feasibility
Once the project has been defined the technical and financial feasibility will need to be determined and the definition may need to be adjusted to refine the project and select the most appropriate project option subject to technical and financial constraints.
3.1.4 Viability
Once the feasible project has been defined procurement of normal consulting engineers’ services or any other services associated with the design and project development can commence. The first stage of these services will be to develop the concept design in more detail and confirm its technical and financial viability in greater detail.
3.1.5 Design
Once the project concept has been finalised detailed design can commence which involves detailing all of the aspects of the project in sufficient detail to obtain competitive prices for construction.
3.1.6 Procurement
When the design is complete the necessary contract documents are prepared and tenders for construction are solicited. The tenders are evaluated and the Construction Contract is awarded to the wining tenderer.
3.1.7 Construction
Construction can now commence and proceeds until practical completion when the owner takes possession of the constructed project. The construction contract is finalised when the defects liability period has expired and all defects have been rectified.
3.1.8 Operations and Maintenance
CHAPTER 4. CONSULTING SERVICES
The services provided by consulting engineers and other professional services providers involve a myriad of services in a range of disciplines and fields. These include amongst others:
AGRICULTURAL ENGINEERING
Railway Track design, Refueling systems, Materials Handling Systems, Special Structures, Asset Management Systems, Transaction Advisory Services, Acoustical engineering services, Building wet services, Cathodic protection, Fire protection and detection, Lightning protection, Contractual Advisory Services, Airport airside and landside developments
The provision of these services can deliver most value in the early steps of the project cycle and therefore functionality and quality of the proposed service is regarded as much more important than cost in steps 1 to 3 of the Project Cycle as shown above.
As the project becomes increasingly well defined the required consulting services become easier to define more precisely and the role of high level expertise reduces while that of more routine skills such as design detailing and correct and comprehensive contract documentation become more important. This is shown conceptually in the table below.
Step in Project Cycle Required expertise and potential for value
Identification Strategic concepts and lateral thinking to identify appropriate options.
Definition Operational and value options to define projects that are likely to be feasible and costeffective.
Feasibility Identification and elaboration of possible alternatives and cost effectiveness.
Concept and Viability Project optimisation subject to budget and environmental constraints.
Design Quick and effective design detailing and incorporation of latest appropriate technological developments.
Procurement Good contract documentation, accurate schedule of quantities and appropriate procurement options
Construction Conscientious construction administration and monitoring and effective handling of contractual issues
Operations and Maintenance Asset management and preventative maintenance
CHAPTER 5. PROCUREMENT OF CONSULTING SERVICES
Consulting Engineers form an important major pool of skilled technical resources in South Africa that help to ensure that design and construction of engineering works are of excellent quality and cost effective. A high standard of engineering and infrastructure development is vital to the country’s growth, progress and global competitiveness. Through National Treasury policy statements, Government recognises that “it is necessary that certain minimum requirements of quality and efficiency be achieved when appointing consultants”. At the same time a basic policy of competitive selection is to be maintained.
5.1 LEGAL ENVIRONMENT FOR PROCUREMENT OF CONSULTING ENGINEERING SERVICES
A universally accepted set of objectives or outcomes for a construction procurement system are those based on the Constitution of South Africa of 1996 (Act 108 of 1996) and which have been adopted by the International Organisation for Standardisation (ISO) in the development of the ISO 10845 series of standards for construction procurement.
Table 51: Qualitative requirements (Pillars of Procurement)
System requirement
Qualitative description of requirement
Fair The process of offer and acceptance is conducted impartially without bias, and provides participating parties simultaneous and timely access to the same information. Terms and conditions for performing the work do not unfairly prejudice the interests of the parties.
Equitable The only grounds for not awarding a contract to a tenderer who complies with all requirements are restrictions from doing business with the organization, lack of capability or capacity, legal impediments and conflicts of interest.
Transparent The procurement process and criteria upon which decisions are to be made shall be publicized. Decisions (award and intermediate) are made publicly available together with reasons for those decisions. It is possible to verify that criteria were applied. The requirements of procurement documents are presented in a clear, unambiguous, comprehensive and understandable manner.
Competitive The system provides for appropriate levels of competition to ensure costeffective and best value outcomes.
Cost effective The processes, procedures and methods are standardized with sufficient flexibility to attain best value outcomes in respect of quality, timing and price, and the least resources to effectively manage and control procurement processes.
Promotion of other objectives
The system may incorporate measures to promote objectives associated with a secondary procurement policy subject to qualified tenderers not being excluded and deliverables or preferencing criteria being measurable, quantifiable and monitored for compliance.
Table 52: Primary Legislation Regulating Procurement
Act Applicability What it does in respect of procurement Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996)
All organs of state Provides procurement objectives and establishes government’s policy for preferencing. Establishes requirements for the award of contracts to be lawful, reasonable and procedurally fair.
Public Finance Management Act (Act 1 of 1999)
National and provincial departments and state owned enterprises
Establishes a regulatory framework for supply chain management which includes procurement within national and provincial departments and state owned enterprises.
Promotion of Administrative Justice Act (Act 3 of 2000)
All organs of state Establishes fair administrative procedures, permits those affected by unfair administrative action to request reasons for such administrative action within 90 days of, or when they became aware of, such actions and requires administrators to respond within 90 days of receipt of such requests. (Administrative actions are presumed to be have been taken without good cause where an administrator fails to respond within the prescribed period.) Provides for procedures for the judicial review of administrative actions and remedies in proceedings for judicial review including the prohibition of an administrator from acting in a particular manner, setting aside the administrative action, correcting the defective action and the ordering of the administrator to pay compensation.
The Promotion of Equality and the Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)
The state and all persons (natural or juristic person)
Prohibits the state or any person from discriminating unfairly against any person on the grounds of race or gender through the denial of access to contractual opportunities for rendering services or by failing to take steps to reasonably accommodate the needs of such persons.
Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000)
All organs of state (state owned enterprises) at discretion of Minister)
Establishes the manner in which preferential procurement policies are to be implemented
Construction Industry Development Board Act, 2000 (Act 38 of 2000)
All organs of state involved in procurement relating to the construction industry.
Establishes the means by which the Board can promote and implement policies, programmes and projects, including those aimed at procurement reform, standardisation and uniformity in procurement documentation, practices and procedures within the framework of the procurement policy of government, through the establishment of: • a national register of contractors (and if required, consultants
and suppliers) to manage public sector procurement risk and facilitate public procurement;
• a register of projects above a financial value with data relating to contracts awarded and completed and a best practice project assessment scheme;
• best practices Establishes a code of conduct for the parties engaged in construction procurement. Establishes a national register for Project Service Providers
BroadBased Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)
Procurement provisions apply to all organs of state.
Establishes a code of good practice and scorecard, provided for industry specific charters such as the Construction Industry Charter, to inform the: • development of qualification criteria for the issuing of licenses or concessions, the sale of state owned enterprises and for entering into partnerships with the private sector; and
• development and implementation of a preferential procurement policy.
Act Applicability What it does in respect of procurement Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003)
Municipalities and municipal entities
Establishes a regulatory framework for supply chain management which includes procurement within municipalities and municipal entities.
Prevention and Combating of Corrupt Activities Act, 2004. (Act No. 12 of 2004).
Public and private sector Makes corruption and related activities an offence, establishes a Register in order to place certain restrictions on persons and enterprises convicted of corrupt activities relating to tenders and contracts; and places a duty on certain persons holding a position of authority to report certain corrupt transactions.
Construction Sector Charter (published in terms of Section 9(1) of BBBEE Act, 53 of 2003 (see above))
All stakeholders operating in the Construction Sector
Provides framework to address: • Broadbased black economic empowerment (ownership,
control, employment equity, skills development, procurement, enterprise development & corporate social investment)
• Enhancement of capacity • Increase in production It is mandatory for all stakeholders and is effective from 5 June 2009
It is compulsory for organs of state to comply with the principles of this legislation and to comply with the “Standard for Uniformity in Construction Procurement” (SFU) of the Construction Industry Development Board (CIDB).
The procedures of the CIDB in its SFU are generic and can be readily aligned with World Bank W70 and other international documents.
5.2 OBJECTIVES OF PROCUREMENT
The development of skilled Professional Services providers takes many years and significant effort by all involved in the industry. Therefore, the procurement of professional services should not be viewed as the purchase of a readily available commodity, but rather the engagement of skilled professionals who should act as trusted advisors in fulfilling the client’s project and other development objectives.
While services should be offered in a competitive manner, the primary purpose of the competitiveness should be to ensure long term value for money and not only short term low cost design. Such long term value does not only encompass value in the project under consideration but also value in developing and having skilled professionals available in the country to meet its needs rather than having to import all skilled services from external sources.
The procurement of professional services in a reasonably competitive manner has exercised the minds of many people over the years with no clear resolution in sight. The best method of procurement within a country is where the selection of the professional service provider is based purely on quality and this is followed with price negotiations to obtain fair value for money. This however, requires a knowledgeable client and mature consulting environment, neither of which exists in abundance in South Africa at the present time.
Therefore, procurement needs to be approached with care in a transparent manner that encourages professionals to develop and maintain the required skills and expertise. The current CIDB procurement guidelines can provide the necessary results provided the process is fair and transparent, as required by the CIDB code of conduct.
5.3 METHODS OF PROCUREMENT
Against this background, Consulting Engineering Services can be procured using one of the following methods as prescribed by the CIDB Standards for Uniformity (SFU):
Table 53: Methods of Procurement
Method Description 1 Financial Offer 2 Financial Offer plus Quality (Functionality) 3 Financial Offer and Preference 4 Financial Offer plus Quality and Preference
For consulting engineering services, where cost effective and value–added performance is highly dependent upon innovativeness, expertise and competence, the inclusion of Quality in the criteria for selection is of paramount importance.
It is therefore recommended that in all but a small minority of cases as outlined in the SFU, Method 4 above should be used– i.e. Quality and Cost Based Selection (QCBS) with preferencing as dictated the State from time to time.
5.4 CIDB’S BEST PRACTICE GUIDELINES: COMPETITIVE SELECTION
It is further recommended that the CIDB’s Best Practice Guidelines as contained in the SFU, for competitive selection procedures and as described below, should be followed (mandatory for Public Bodies).
Table 54: Procurement Methods: Competitive Selection Procedures
PP2A (Nominated procedure)
Tenderers that satisfy prescribed criteria are admitted to an electronic database. Tenderers are invited to submit tender offers based on search criteria and their position on the database. Tenderers are repositioned on the database upon appointment or upon the submission of a tender offer.
PP2B (Open procedure)
Tenderers may submit tender offers in response to an advertisement by the organisation to do so.
PP2C (Qualified procedure)
A call for expressions of interest is advertised and only those tenderers who have expressed interest, satisfy objective criteria and who are selected to submit tender offers, are invited to do so.
PP2D (Quotation procedure)
Tender offers are solicited from not less that three tenderers in any manner the organisation chooses, subject to the procedures being fair, equitable, transparent, competitive and cost effective.
PP2E (Proposal procedure)
Tenderers submit technical and financial proposals in two envelopes. The financial proposal is only opened should the technical proposal be found to be acceptable.
PP2F (Proposal procedure)
A two staged system: Nonfinancial proposals are called for. Tender offers are then invited from those tenderers that submit acceptable proposals based on revised procurement documents. Alternatively a contract is negotiated with the tenderer scoring the highest number of evaluation points.
PP2G (Shopping procedure)
Written or verbal offers are solicited in respect of readily available supplies obtained from three sources. The supplies are purchased from the source providing the lowest Financial Offer once it is confirmed in writing.
5.4.1 Points to note:
Quoting CIDB Best Practice Guideline A7 (Table A1, SFU): “The procurement of professional services should result in the award of a professional service contract on the basis of demonstrated competence and qualifications for the type of services required, at fair and reasonable Financial Offers. Accordingly, the underlying principle is that professional service contracts are awarded to firms which have both the capacity and capability to provide the quality of the service at a reasonable Financial Offer and not necessarily to those that are the least costly. The Constitution requires that the procurement system be cost effective. This implies
that best value procurement outcomes in terms of quality, downstream and life cycle costs, timing and Financial Offer using the least amount of resources necessary to effectively manage and control the procurement process, should be strived for. Clearly selection on the basis of quality should not necessarily mean the best quality available but quality appropriate for the assignment”.
It should also be noted that drawing up tender documents that include Financial Offer and quality as bases for selection require that the scope or work and required services are adequately described so that comparable tenders are received. In addition, the process of preparing a tender can also take up a lot of time and effort on the part of the prospective tenderers. The cumulative total input cost of all tenderers can be considerable and in many cases for small projects can exceed the potential fee, with a negative effect on the finances of the service provider and on the overall economy of the project.
Therefore, as a guideline the potential fee to be earned by the consulting engineer on a project should preferably be 20 times greater than the cost of preparing an individual tender. In other words the cost to prepare a tender should not exceed approximately 5% of the potential fees to be earned. This makes economic sense when it is noted the fees earned must cover all staff costs involved in executing the assignment, plus overheads, expenses and profit. This means that tenders should not be solicited for small projects and where a consulting engineer is responsible for drawing up the contract documentation the following procedure should preferably be adopted:
Preferably consider grouping small projects together.
Requesting proposals for term contracts where the consulting engineer can support the client on a partnership basis for all small to medium projects over say a three year period. The advantage of this approach is that it assists with identification and implementation of projects over the three year period and also provides less cyclical and more effective employment of scarce engineering resources within the consulting engineering firm and the country.
CHAPTER 6. SCOPE
The scope of services and scope of work for which a consulting engineer or any other professional service provider is appointed need to be clearly defined to ensure proper pricing and a clear and unambiguous understanding of what needs to be done.
It is important to distinguish between the scopes of services and the scope of work as set out in the definitions above. This is because in many instances the both elements are not set out explicitly in the tender documents resulting in uncertainty and inappropriate pricing and expectations. This is described in more detail below.
Besides describing the services, the scope should list the “Deliverables to be produced by the Consulting Engineer”, i.e. the products of the Consulting Engineer’s work, in form of studies, reports, designs, drawings and documents. In other words, the objective of the scope of services must be to reduce to a minimum the level of uncertainty concerning the services required, for which the Consulting Engineer must develop an understanding of what is required in order to submit a Financial Offer.
6.1 PLANNING, STUDIES, INVESTIGATIONS AND ASSESSMENTS
There are many steps related to identifying or defining and determining the overall feasibility of a project that need to be undertaken prior to appointing a consulting engineer for normal project services. In many instances, with wellresourced clients, these identification and feasibility steps will be carried out internally as part of the client’s normal project identification and project definition processes. For example, within a road authority, roads requiring rehabilitation or resealing or complete reconstruction may have been identified and the projects defined as part of the road management system. In the case of a water authority, water demand or operational problems may result in the need for a new purification plant being identified and defined in broad terms.
As indicated earlier the first 3 steps of the project cycle involve planning and studies. The typical services relate to carrying out these studies and investigations as well as the preparation and submission of reports embodying preliminary proposals or initial feasibility studies and will normally be remunerated on a time and cost basis. The typical services will involve:
(i) Consultation with the client or client’s authorized representative.
(ii) Inspection of the site of the project.
(iii) Preliminary investigation, route location, planning and a level of design appropriate to allow decisions on feasibility.
(iv) Consultation with authorities having rights or powers of sanction as well as consultation with the public and stakeholder groups.
(v) Advice to the client as to regulatory and statutory requirements, including environmental management and the need for surveys, analyses, tests and site or other investigations, as well as approvals, where such are required for the completion of the report, and arranging for these to be carried out at the client’s expense.
(vi) Searching for, obtaining, investigating and collating available data, drawings and plans relating to the works.
(vii) Investigating financial and economic implications relating to the proposals or feasibility studies.
(viii) Clause (vii) does not normally apply to civil and structural services on Building Projects, where these services are provided by a Quantity Surveyor, except as far as the interpretation of cost figures the Engineer’s scope of work is concerned.
Deliverables will typically include:
List of consents and approvals.
Schedule of required surveys, tests, analyses, site and other investigations.
Once the project has been properly identified and its location, form, size and function are defined, then procurement can proceed for normal project services outlined below.
6.2 SCOPE OF SERVICES FOR NORMAL PROJECT DESIGN STAGES
After the Client has established the project definition and requirements, the execution of the assignment can be separated into six broad Stages. The 6 typical project design stages are shown in the figure below:
Project Design Stages
6 Close Out
These individual stages are elaborated upon in more detail below:
Stage 1: Inception Establish client requirements and preferences, assess user needs and options, appointment of necessary consultants, establish the project brief including project objectives, priorities, constraints, assumptions aspirations and strategies
Stage 2: Concept Viability/ Preliminary Design Prepare and finalise the project concept in accordance with the brief, including project scope, scale, character, form and function, plus preliminary programme and viability of the project)
Stage 3: Design Development/ Detailed Design Develop the approved concept to finalise the design, outline specifications, cost plan, financial viability and programme for the project)
Stage 4: Documentation and Procurement Prepare procurement and construction documentation, confirm and implement the procurement strategies and procedures for effective and timeous procurement of necessary resources for execution of the project.
Stage 5: Contract Administration and Inspection Manage, administer and monitor the construction contracts and processes including preparation and coordination of procedures and documentation to facilitate practical completion of the works
Stage 6: Closeout Fulfil and complete the project closeout including necessary documentation to facilitate effective completion, handover and operation of the project)
More detailed examples of the scope of service pertinent to each Stage are contained in Appendix A. That Appendix also shows the typical scope of services associated with carrying out the duties of the Principal Consultant where it is appropriate to appoint the consulting engineer to carry out these duties.
6.3 THE SCOPE OF WORK
The scope of work is the portion of the works for which the consulting engineer is engaged or the document that specifies and describes the supplies, 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.
For example a client wishing to construct a Casino complex consisting of three distinct components being the Building, a Parking Area and an access road, may appoint a consulting engineer to undertake Stages 36 of the normal engineering services for the Parking Area. In this case the scope of services can be defined as set out in Appendix A while the scope of work may only involve the Parking Area. Some thought will have to go into preparing the scope of work as it interfaces with other works such as stormwater runoff from the building and the interface with the access road and gate house.
A few examples of scope of work are provided below for clarity.
61: Examples of Scope of Work
Buildings The work in respect of site boundaries and fencing, foundations, electrical, air conditioning, wet services, fire protection, structural, roofing, waterproofing, stormwater, etc should be clearly allocated. If the design is to be undertaken by a multidisciplinary professional team (Architect, Quantity Surveyor, Engineer, etc.) the responsibilities of the consulting engineer in such a team must be clearly indicated.
Roads The beginning & end of the road should be indicated, whether the scope includes structures, hydrological analysis and drainage, stormwater, roadside furniture, pavement layerworks, traffic analyses, selection of borrow pits, road marking, signage etc. It should also be indicated who will be responsible for liaison with interested and affected parties and for ensuring public participation.
Structures The scope of work should be clearly indicated in respect of site investigations, foundations, interaction with other structures and facilities, design review, and similar.
Electrical The scope of work should be clear in respect of bulk services provision, power lines, substations, power connections and liaison with utilities, back up power, earthing, lightning protection, security services, access control, data and telephony, lighting, electrical reticulation and switchboards, etc.
Mechanical Clarify, if air conditioning, wet services, pumps, lifts, escalators, fire protection etc. are to be performed by one or more specialist engineers.
Dams The Scope of Services and Scope of Work should be described, in detail to enable tendering consultants to identify the level of accreditation of design staff to be identified. The Scope of Work should be clear in respect of geological and hydrological investigations to be undertaken prior to preliminary and detail design, plus the extent of design to be undertaken by contractors, and likewise the Scope of Work in the electrical and mechanical disciplines.
Municipal Services
The Scope of Services and Scope of Work should be clearly described for the consulting engineer to accurately identify the range of services to be designed by him (e.g. Roads, Stormwater Drainage, Sewerage, Water Supply, etc.) and which are to be designed by others, including the extent of simultaneous working and coordination required. The extent of construction to be undertaken by emerging contractors or using labourbased methods should also be clear.
6.4 IMPORTANT CONSIDERATIONS
The anticipated Professional Services Providers Register to be published by the CIDB will have to be taken into account when compiling the Scope of Services.
The examples of Scope of Services provided in Appendix A, are comprehensive, but generic. Items should be extracted from the generic scope or modified in each stage of the project in which the Client requires services to be performed by the Consulting Engineer. These examples also show additional services where the client requires the Consulting Engineer to perform PA/PM duties in addition to the consulting engineering services (especially if the Consulting Engineer is the sole consultant). In such cases the selected duties from the PA/PM scope must be added to those of the Consulting Engineer, for the Consulting Engineer to act as Principal Consultant in addition to acting as Consulting Engineer.
If it is necessary for the Client’s Scope of Services to be more specific to the discipline(s) of the Consulting Engineer (e.g. Civil, Structural, Electrical or Mechanical) then suitable items should be added to the generic scope, either alongside the generic items or in place of them, as appropriate.
In the preparation of the Scope of Services a number of key factors, common to every Scope, need to be borne in mind and taken into account when framing the tasks required in each Stage:
Table 62: Key Factors in Developing Scope
Obligations of the parties
The tasks required and listed by the Client should clearly all fall within the obligations of the Consulting Engineer (the successful tenderer). If a listed task falls within the Client’s obligations but requires a Consulting Engineer to perform it, it should be described as being “on behalf of the Client” to avoid implying it is solely the Consulting Engineer’s obligation and accord with the obligations of the parties as stated in the intended contract for the services
Health and Safety
Legislation such as the OHS Act lays down comprehensive actions to be taken by parties responsible for safety. This includes the Client, who may wish to delegate specific actions or tasks to the consulting engineer. Where this applies, this should
TABLE OF CONTENTS CHAPTER 1. INTRODUCTION .......................................................................................................................................... 4 CHAPTER 2. DEFINITIONS ............................................................................................................................................... 5 CHAPTER 3. PROJECT LIFE-CYCLE .............................................................................................................................. 8 3.1 Introduction ................................................................................................................... Error! Bookmark not defined. 3.2 Project life-cycle ............................................................................................................................................................ 8 CHAPTER 4. CONSULTING SERVICES ......................................................................................................................... 10 CHAPTER 5. PROCUREMENT OF CONSULTING SERVICES ..................................................................................... 11 5.1 Legal Environment for Procurement of Consulting Engineering Services .................................................................. 11 5.2 objectives of procurement ........................................................................................................................................... 13 5.3 Methods of Procurement ............................................................................................................................................ 14 5.4 CIDB’s Best Practice Guidelines: Competitive Selection ............................................................................................ 14 CHAPTER 6. SCOPE ....................................................................................................................................................... 16 6.1 planning, studies, investigations and assessments .................................................................................................... 16 6.2 SCOPE of services for normal project design stages ................................................................................................. 17 6.3 The Scope of Work ..................................................................................................................................................... 18 6.4 important considerations ............................................................................................................................................. 19 CHAPTER 7. TENDER DOCUMENTATION FOR CONSULTING ENGINEERING SERVICES ..................................... 21 7.1 Model for Uniformity .................................................................................................................................................... 21 7.2 Headings and Content of Component documents ........................................................ Error! Bookmark not defined. 7.3 Guidelines for compiling the documentation ............................................................................................................... 21 7.4 Points to note ................................................................................................................ Error! Bookmark not defined. CHAPTER 8. VALUE – ADDED SERVICES ................................................................................................................... 22 8.1 The Concepts of Financial Offer and Quality .............................................................................................................. 22 8.2 The Concept of Value ................................................................................................................................................. 24 8.3 Guidelines for pricing of Tenders ................................................................................................................................ 24 8.4 The Relevance of a Benchmark ................................................................................................................................. 27 8.5 The Multiplier .............................................................................................................................................................. 27 8.6 The Concept of “Value Bidding” .................................................................................................................................. 28 8.7 Points to Note ............................................................................................................................................................. 28 CHAPTER 9. EVALUATION OF TENDERS .................................................................................................................... 29 9.1 CIDB’s Best Practice Guidelines: Evaluation of Tenders ........................................................................................... 29 9.2 Stating the Evaluation Criteria .................................................................................................................................... 29 9.3 Recommended Approach – Evaluating Quality with Financial Offer .......................................................................... 29 9.4 Points to Note ............................................................................................................................................................. 31 9.5 Tables for the evaluation of tenders ........................................................................................................................... 33 CHAPTER 10. PERFORMANCE MONITORING ............................................................................................................... 45 10.1 Communication and Liaison ....................................................................................................................................... 45 10.2 Suggested Performance Monitoring and Evaluation Process .................................................................................... 45 10.3 Points to Note ............................................................................................................................................................. 46
CHAPTER 1. INTRODUCTION
“Consulting Engineers South Africa” (CESA) was established in 1952 as the South African Association of Consulting Engineers. Over the past six decades, as the construction industry and the consulting engineering profession have evolved, a great many methods by which clients procured the services of consulting engineers have been witnessed. This evolution continues today, having gained impetus as new democratic processes have come to the fore in South Africa.
This Guide reflects what is considered best practice today for Consulting Engineers – to appropriately respond to calls for consulting engineering services and to deliver these services in a true value–added context. It incorporates the requirements of all applicable legislation including the Construction Sector Charter published in terms of Section 9(1) of the BBBEE Act, 53 0f 2003.
The contents of this Guide focus on suggestions to Clients in requesting services and for Consulting Engineers in framing their responses to these requests. This has been done in order to better inform the procurement process.
The Guide has been prepared in collaboration with the Construction Industry Development Board (CIDB), whose own numerous publications and notes towards attaining best practice in the construction industry, and the procurement and use of professional service providers, are used as a framework. Wherever possible the terminology used in the Guide has been aligned to reflect the terminology and methodology contained in the CIDB documentation.
Subsequent to the abovementioned collaboration, the Guide has been formally recognised by the CIDB as follows:
“The CIDB wishes to acknowledge CESA for its efforts in the development of this manual that serves to provide guidelines to its members on construction procurement. We trust that this document will assist in providing direction and understanding of government’s legislative requirements for infrastructure delivery to CESA members, but is not a substitute for the CIDB construction procurement prescripts. The CIDB looks forward to further cooperation with CESA in the search for best practice and innovative delivery models to improve the rate of growth and development of the South African Construction Industry. ”
In addition to the Introduction and definitions, this manual has been laid out in the same order as the typical flow in the procurement process as follows:
CHAPTER 3. PROJECT LIFECYCLE An outline of the typical project life cycle as background.
CHAPTER 4. CONSULTING SERVICES A description of typical consulting services that can be provided by consulting engineers.
CHAPTER 5. PROCUREMENT OF CONSULTING SERVICES Legislation and objectives of procuring consulting engineering services
CHAPTER 6. SCOPE An expanded description of various elements of scope.
CHAPTER 7. TENDER DOCUMENTATION FOR CONSULTING ENGINEERING SERVICES Guidelines for preparing tender documentation for CE services.
CHAPTER 8. VALUE – ADDED SERVICES An expansion on the issues surrounding value that is obtained through CE services and pricing for these services.
CHAPTER 9. EVALUATION OF TENDERS Guidelines on the evaluation of CE tenders for services.
CHAPTER 2. DEFINITIONS
Terminology used in this Manual has been chosen to reflect the terminology used by the CIDB, to facilitate crossreferencing with CIDB documentation. Some of the more important changes are listed below: In most cases the definitions in this manual coincide with the definitions given in the latest Guideline Scope of Services and Tariff of Fees for Persons Registered in terms of the Engineering Profession Act, 2000 (Act No. 46 of 2000), as well as the Revised Standard for Uniformity in Construction Procurement, published in terms of the Construction Industry Development, Board Act, 2000 (Act No. 38 of 2000)
(i) “Bid” see tender below.
(ii) “Building Project” means a project comprising building work, together with its associated engineering work, where the engineer is subject to the authority of another professional acting as the Principal Agent while financial and administrative matters are dealt with by another professional.
(iii) “Client”, means any juristic person or organ of the State engaging a consulting engineer for services on a project.
(iv) “Construction monitoring” means the process of administering the construction contract and over seeing and/or inspecting the works, to the extent of the consulting engineer’s engagement, for the purpose of verification that the works are being completed in accordance with the requirements of the contract that the designs are being correctly interpreted and that appropriate construction techniques are being utilized. Construction monitoring, to whatever extent, shall not diminish the contractor’s responsibility for executing and completing the works in accordance with his contract.
(v) “Construction industry”, the broad conglomeration of industries and sectors which add value in the creation and maintenance of fixed assets within the built environment.
(vi) “Construction Procurement” means the invitation, tendering, award and carrying out of projects.
(vii) “Consulting engineer”, for purposes of these rules only, means any professional registered in terms of the Act, or a juristic person who employs such professional, engaged by a client on a project;
(viii) “Contract”, means the formal agreement between the client and the consulting engineer also called the Form of Agreement.
(ix) “Contract Data”, means the portion of the tender document that relates specifically to the Contract in question and includes all the applicable conditions and related data in respect of insurances, limits, durations and programme.
(x) “Contractor” means any person or a juristic person under contract to a client to perform the works or part of it on a project, including a subcontractor under contract to such contractor;
(xi) “cost of the works” means the total final amount (or a fair estimate thereof), exclusive of value added tax, certified or which would, normally, be certifiable for payment to contractors (irrespective of who actually carries out the works) in respect of the works designed, specified or administered by the consulting engineer, before deduction of liquidated damages or penalties, including –
Escalation, assuming continuity of the project through to final completion. Where delays occur in the project cycle the client and consultant should come to an agreement on the escalation that will be applicable to various stages of services.
a prorata portion of all preliminary and general items applicable to the Works;(irrespective of who actually carries out the works) and
the costs of new materials, goods or equipment, or a fair evaluation, of such material, goods or equipment as if new whether supplied new or otherwise by, or to, the client and including the cost or a fair evaluation of the cost of installation (the sourcing, inspection and testing of such will comprise additional services by the consulting engineer);
(xii) “Electronic Engineering Services” means services related to the provision of electronic systems and detailing the terminations, signals and interconnections of electronic components as distinct from conventional electrical HV, MV and LV systems and related reticulation.
(xiii) “Emerging Enterprise”, means and enterprise that is owned managed and controlled by previously disadvantaged persons as defined in Government Gazette No 30692 1 February 2008.
(xiv) “Engineering and Construction Works Contract”, means a contract for the provision of a combination of supplies and services, arranged for the development, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling or demolition of structures, including building and engineering infrastructures
(xv) “Engineering Project” means a project of which the scope comprises mainly engineering work.
(xvi) “Expression of interest”, involves both a request for an Expression of Interest and the Consulting Engineer’s response to the request. The request is 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 shortlisted and invited to submit a tender offer should they qualify or be selected to do so.
(xvii) “Financial Offer” see Tender Price.
(xviii) “Form of agreement”, means a standardised document setting out the formal agreement between the client and the consulting engineer for the providing the scope of services for the specified scope of works
(xix) “Form of offer and acceptance”, the documents that formalise the legal process of offer and acceptance.
(xx) “Functionality” see quality.
(xxi) “list of returnable documents “ means the document that lists everything the employer requires a tenderer to submit with his tender submission
(xxii) “Normal services” means the typical services as set out be ECSA that should be provided on a project and for which payment in terms of the ECSA guidelines tariffs should normally provide adequate remuneration.
(xxiii) “Pricing instructions” 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
(xxiv) “Principal Agent” means the Professional Service Provider appointed as such.
(xxv) “project” means any total scheme envisaged by a client, including all the works and services concerned;
(xxvi) “Quality (functionality)” the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs.
(xxvii) “Services Contract”, means a contract for the provision of labour or work, including knowledge based expertise, carried out by hand, or with the assistance of equipment and plant
(xxviii) “Site 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.
(xxix) “Scope of Services” means the services which a consulting engineer must provide in relation to the Scope of Work.
(xxx) “Scope of Work” means the portion of the works for which the consulting engineer is engaged.
(xxxi) “Stage” means one of six stages of the normal services set out below.
(xxxii) “The Act” means the Engineering Profession Act, 2000 (Act No. 46 of 2000);
(xxxiii) “Total annual cost of employment” means the total annual cost of employment as defined in clause Error! Reference source not found.;
(xxxiv) “Submission data”, 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
(xxxv) “Supplies contract “ means a contract for the provision of materials or commodities made available for purchase.
(xxxvi) “Tender 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;
(xxxvii) “Tender notice and invitation to tender” means the document that alerts prospective Professional Services Suppliers to the nature of the supplies, services and engineering and construction works required by the employer and contains sufficient information to solicit comparable responses.
(xxxviii) “Tender Price”, means the price submitted for the required services including all other payment conditions and related information in respect of costs and disbursements.
(xxxix) “Threshold”, 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.
(xl) “Works” means the activities on a project for which contractors are under contract to the client to perform or are intended to be performed, including the supply of goods and equipment;
CHAPTER 3.
CHAPTER 3. PROJECT LIFECYCLE
The construction industry within South Africa is a wellestablished sector that has nationally delivered infrastructure of high standard on a par with the developed world. It is an efficient and effective ‘machine’ that delivers infrastructure at the right quality, within budget and deadline.
Its primary constraint has not been a lack of capacity and skills but rather a lack of investment by government and the private sector, as well as the complicated procurement regime resulting from a plethora of recent legislation.
The intention of this Manual is to generally guide clients and consulting engineers through this ‘minefield’ with regard to their role in the construction project lifecycle and especially the associated procurement aspects.
3.1 PROJECT LIFECYCLE
The project life cycle involves several elements as shown in the figure below.
Project Life Cycle
The first 3 steps in the project life cycle are associated with identifying a potential project and defining and selecting the most appropriate feasible project that can meet the need.
The next 3 steps involve developing the project through to the final design stage and procuring a Contractor to construct the project.
Thereafter the project is constructed and handed over to the client who will have processes in place to operate and maintain the resulting facility.
3.1.1 Identification
The first step in the project lifecycle is to identify the need to a project. This is normally the result of many planning, or operations and maintenance studies that show a need of one form or another that can be met through a construction project. This step in the project life cycle normally involves many processes that are initiated or carried out by the owner of infrastructure. Such processes may involve the appointment of specialist consulting engineers or other professional service providers who may assist in identifying the causes and potential solutions to problems and a range of potential projects that may solve the problem while at the same time not making an unnecessary impact on the physical and social environment and also ensuring reasonable project sustainability.
3.1.2 Definition
Once the potential projects have been identified they will need to be assessed through more detailed planning and investigation studies in order to define the project in more detail. Inappropriate solutions will be rejected and a short list of alternative solutions prepared.
3.1.3 Feasibility
Once the project has been defined the technical and financial feasibility will need to be determined and the definition may need to be adjusted to refine the project and select the most appropriate project option subject to technical and financial constraints.
3.1.4 Viability
Once the feasible project has been defined procurement of normal consulting engineers’ services or any other services associated with the design and project development can commence. The first stage of these services will be to develop the concept design in more detail and confirm its technical and financial viability in greater detail.
3.1.5 Design
Once the project concept has been finalised detailed design can commence which involves detailing all of the aspects of the project in sufficient detail to obtain competitive prices for construction.
3.1.6 Procurement
When the design is complete the necessary contract documents are prepared and tenders for construction are solicited. The tenders are evaluated and the Construction Contract is awarded to the wining tenderer.
3.1.7 Construction
Construction can now commence and proceeds until practical completion when the owner takes possession of the constructed project. The construction contract is finalised when the defects liability period has expired and all defects have been rectified.
3.1.8 Operations and Maintenance
CHAPTER 4. CONSULTING SERVICES
The services provided by consulting engineers and other professional services providers involve a myriad of services in a range of disciplines and fields. These include amongst others:
AGRICULTURAL ENGINEERING
Railway Track design, Refueling systems, Materials Handling Systems, Special Structures, Asset Management Systems, Transaction Advisory Services, Acoustical engineering services, Building wet services, Cathodic protection, Fire protection and detection, Lightning protection, Contractual Advisory Services, Airport airside and landside developments
The provision of these services can deliver most value in the early steps of the project cycle and therefore functionality and quality of the proposed service is regarded as much more important than cost in steps 1 to 3 of the Project Cycle as shown above.
As the project becomes increasingly well defined the required consulting services become easier to define more precisely and the role of high level expertise reduces while that of more routine skills such as design detailing and correct and comprehensive contract documentation become more important. This is shown conceptually in the table below.
Step in Project Cycle Required expertise and potential for value
Identification Strategic concepts and lateral thinking to identify appropriate options.
Definition Operational and value options to define projects that are likely to be feasible and costeffective.
Feasibility Identification and elaboration of possible alternatives and cost effectiveness.
Concept and Viability Project optimisation subject to budget and environmental constraints.
Design Quick and effective design detailing and incorporation of latest appropriate technological developments.
Procurement Good contract documentation, accurate schedule of quantities and appropriate procurement options
Construction Conscientious construction administration and monitoring and effective handling of contractual issues
Operations and Maintenance Asset management and preventative maintenance
CHAPTER 5. PROCUREMENT OF CONSULTING SERVICES
Consulting Engineers form an important major pool of skilled technical resources in South Africa that help to ensure that design and construction of engineering works are of excellent quality and cost effective. A high standard of engineering and infrastructure development is vital to the country’s growth, progress and global competitiveness. Through National Treasury policy statements, Government recognises that “it is necessary that certain minimum requirements of quality and efficiency be achieved when appointing consultants”. At the same time a basic policy of competitive selection is to be maintained.
5.1 LEGAL ENVIRONMENT FOR PROCUREMENT OF CONSULTING ENGINEERING SERVICES
A universally accepted set of objectives or outcomes for a construction procurement system are those based on the Constitution of South Africa of 1996 (Act 108 of 1996) and which have been adopted by the International Organisation for Standardisation (ISO) in the development of the ISO 10845 series of standards for construction procurement.
Table 51: Qualitative requirements (Pillars of Procurement)
System requirement
Qualitative description of requirement
Fair The process of offer and acceptance is conducted impartially without bias, and provides participating parties simultaneous and timely access to the same information. Terms and conditions for performing the work do not unfairly prejudice the interests of the parties.
Equitable The only grounds for not awarding a contract to a tenderer who complies with all requirements are restrictions from doing business with the organization, lack of capability or capacity, legal impediments and conflicts of interest.
Transparent The procurement process and criteria upon which decisions are to be made shall be publicized. Decisions (award and intermediate) are made publicly available together with reasons for those decisions. It is possible to verify that criteria were applied. The requirements of procurement documents are presented in a clear, unambiguous, comprehensive and understandable manner.
Competitive The system provides for appropriate levels of competition to ensure costeffective and best value outcomes.
Cost effective The processes, procedures and methods are standardized with sufficient flexibility to attain best value outcomes in respect of quality, timing and price, and the least resources to effectively manage and control procurement processes.
Promotion of other objectives
The system may incorporate measures to promote objectives associated with a secondary procurement policy subject to qualified tenderers not being excluded and deliverables or preferencing criteria being measurable, quantifiable and monitored for compliance.
Table 52: Primary Legislation Regulating Procurement
Act Applicability What it does in respect of procurement Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996)
All organs of state Provides procurement objectives and establishes government’s policy for preferencing. Establishes requirements for the award of contracts to be lawful, reasonable and procedurally fair.
Public Finance Management Act (Act 1 of 1999)
National and provincial departments and state owned enterprises
Establishes a regulatory framework for supply chain management which includes procurement within national and provincial departments and state owned enterprises.
Promotion of Administrative Justice Act (Act 3 of 2000)
All organs of state Establishes fair administrative procedures, permits those affected by unfair administrative action to request reasons for such administrative action within 90 days of, or when they became aware of, such actions and requires administrators to respond within 90 days of receipt of such requests. (Administrative actions are presumed to be have been taken without good cause where an administrator fails to respond within the prescribed period.) Provides for procedures for the judicial review of administrative actions and remedies in proceedings for judicial review including the prohibition of an administrator from acting in a particular manner, setting aside the administrative action, correcting the defective action and the ordering of the administrator to pay compensation.
The Promotion of Equality and the Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)
The state and all persons (natural or juristic person)
Prohibits the state or any person from discriminating unfairly against any person on the grounds of race or gender through the denial of access to contractual opportunities for rendering services or by failing to take steps to reasonably accommodate the needs of such persons.
Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000)
All organs of state (state owned enterprises) at discretion of Minister)
Establishes the manner in which preferential procurement policies are to be implemented
Construction Industry Development Board Act, 2000 (Act 38 of 2000)
All organs of state involved in procurement relating to the construction industry.
Establishes the means by which the Board can promote and implement policies, programmes and projects, including those aimed at procurement reform, standardisation and uniformity in procurement documentation, practices and procedures within the framework of the procurement policy of government, through the establishment of: • a national register of contractors (and if required, consultants
and suppliers) to manage public sector procurement risk and facilitate public procurement;
• a register of projects above a financial value with data relating to contracts awarded and completed and a best practice project assessment scheme;
• best practices Establishes a code of conduct for the parties engaged in construction procurement. Establishes a national register for Project Service Providers
BroadBased Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)
Procurement provisions apply to all organs of state.
Establishes a code of good practice and scorecard, provided for industry specific charters such as the Construction Industry Charter, to inform the: • development of qualification criteria for the issuing of licenses or concessions, the sale of state owned enterprises and for entering into partnerships with the private sector; and
• development and implementation of a preferential procurement policy.
Act Applicability What it does in respect of procurement Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003)
Municipalities and municipal entities
Establishes a regulatory framework for supply chain management which includes procurement within municipalities and municipal entities.
Prevention and Combating of Corrupt Activities Act, 2004. (Act No. 12 of 2004).
Public and private sector Makes corruption and related activities an offence, establishes a Register in order to place certain restrictions on persons and enterprises convicted of corrupt activities relating to tenders and contracts; and places a duty on certain persons holding a position of authority to report certain corrupt transactions.
Construction Sector Charter (published in terms of Section 9(1) of BBBEE Act, 53 of 2003 (see above))
All stakeholders operating in the Construction Sector
Provides framework to address: • Broadbased black economic empowerment (ownership,
control, employment equity, skills development, procurement, enterprise development & corporate social investment)
• Enhancement of capacity • Increase in production It is mandatory for all stakeholders and is effective from 5 June 2009
It is compulsory for organs of state to comply with the principles of this legislation and to comply with the “Standard for Uniformity in Construction Procurement” (SFU) of the Construction Industry Development Board (CIDB).
The procedures of the CIDB in its SFU are generic and can be readily aligned with World Bank W70 and other international documents.
5.2 OBJECTIVES OF PROCUREMENT
The development of skilled Professional Services providers takes many years and significant effort by all involved in the industry. Therefore, the procurement of professional services should not be viewed as the purchase of a readily available commodity, but rather the engagement of skilled professionals who should act as trusted advisors in fulfilling the client’s project and other development objectives.
While services should be offered in a competitive manner, the primary purpose of the competitiveness should be to ensure long term value for money and not only short term low cost design. Such long term value does not only encompass value in the project under consideration but also value in developing and having skilled professionals available in the country to meet its needs rather than having to import all skilled services from external sources.
The procurement of professional services in a reasonably competitive manner has exercised the minds of many people over the years with no clear resolution in sight. The best method of procurement within a country is where the selection of the professional service provider is based purely on quality and this is followed with price negotiations to obtain fair value for money. This however, requires a knowledgeable client and mature consulting environment, neither of which exists in abundance in South Africa at the present time.
Therefore, procurement needs to be approached with care in a transparent manner that encourages professionals to develop and maintain the required skills and expertise. The current CIDB procurement guidelines can provide the necessary results provided the process is fair and transparent, as required by the CIDB code of conduct.
5.3 METHODS OF PROCUREMENT
Against this background, Consulting Engineering Services can be procured using one of the following methods as prescribed by the CIDB Standards for Uniformity (SFU):
Table 53: Methods of Procurement
Method Description 1 Financial Offer 2 Financial Offer plus Quality (Functionality) 3 Financial Offer and Preference 4 Financial Offer plus Quality and Preference
For consulting engineering services, where cost effective and value–added performance is highly dependent upon innovativeness, expertise and competence, the inclusion of Quality in the criteria for selection is of paramount importance.
It is therefore recommended that in all but a small minority of cases as outlined in the SFU, Method 4 above should be used– i.e. Quality and Cost Based Selection (QCBS) with preferencing as dictated the State from time to time.
5.4 CIDB’S BEST PRACTICE GUIDELINES: COMPETITIVE SELECTION
It is further recommended that the CIDB’s Best Practice Guidelines as contained in the SFU, for competitive selection procedures and as described below, should be followed (mandatory for Public Bodies).
Table 54: Procurement Methods: Competitive Selection Procedures
PP2A (Nominated procedure)
Tenderers that satisfy prescribed criteria are admitted to an electronic database. Tenderers are invited to submit tender offers based on search criteria and their position on the database. Tenderers are repositioned on the database upon appointment or upon the submission of a tender offer.
PP2B (Open procedure)
Tenderers may submit tender offers in response to an advertisement by the organisation to do so.
PP2C (Qualified procedure)
A call for expressions of interest is advertised and only those tenderers who have expressed interest, satisfy objective criteria and who are selected to submit tender offers, are invited to do so.
PP2D (Quotation procedure)
Tender offers are solicited from not less that three tenderers in any manner the organisation chooses, subject to the procedures being fair, equitable, transparent, competitive and cost effective.
PP2E (Proposal procedure)
Tenderers submit technical and financial proposals in two envelopes. The financial proposal is only opened should the technical proposal be found to be acceptable.
PP2F (Proposal procedure)
A two staged system: Nonfinancial proposals are called for. Tender offers are then invited from those tenderers that submit acceptable proposals based on revised procurement documents. Alternatively a contract is negotiated with the tenderer scoring the highest number of evaluation points.
PP2G (Shopping procedure)
Written or verbal offers are solicited in respect of readily available supplies obtained from three sources. The supplies are purchased from the source providing the lowest Financial Offer once it is confirmed in writing.
5.4.1 Points to note:
Quoting CIDB Best Practice Guideline A7 (Table A1, SFU): “The procurement of professional services should result in the award of a professional service contract on the basis of demonstrated competence and qualifications for the type of services required, at fair and reasonable Financial Offers. Accordingly, the underlying principle is that professional service contracts are awarded to firms which have both the capacity and capability to provide the quality of the service at a reasonable Financial Offer and not necessarily to those that are the least costly. The Constitution requires that the procurement system be cost effective. This implies
that best value procurement outcomes in terms of quality, downstream and life cycle costs, timing and Financial Offer using the least amount of resources necessary to effectively manage and control the procurement process, should be strived for. Clearly selection on the basis of quality should not necessarily mean the best quality available but quality appropriate for the assignment”.
It should also be noted that drawing up tender documents that include Financial Offer and quality as bases for selection require that the scope or work and required services are adequately described so that comparable tenders are received. In addition, the process of preparing a tender can also take up a lot of time and effort on the part of the prospective tenderers. The cumulative total input cost of all tenderers can be considerable and in many cases for small projects can exceed the potential fee, with a negative effect on the finances of the service provider and on the overall economy of the project.
Therefore, as a guideline the potential fee to be earned by the consulting engineer on a project should preferably be 20 times greater than the cost of preparing an individual tender. In other words the cost to prepare a tender should not exceed approximately 5% of the potential fees to be earned. This makes economic sense when it is noted the fees earned must cover all staff costs involved in executing the assignment, plus overheads, expenses and profit. This means that tenders should not be solicited for small projects and where a consulting engineer is responsible for drawing up the contract documentation the following procedure should preferably be adopted:
Preferably consider grouping small projects together.
Requesting proposals for term contracts where the consulting engineer can support the client on a partnership basis for all small to medium projects over say a three year period. The advantage of this approach is that it assists with identification and implementation of projects over the three year period and also provides less cyclical and more effective employment of scarce engineering resources within the consulting engineering firm and the country.
CHAPTER 6. SCOPE
The scope of services and scope of work for which a consulting engineer or any other professional service provider is appointed need to be clearly defined to ensure proper pricing and a clear and unambiguous understanding of what needs to be done.
It is important to distinguish between the scopes of services and the scope of work as set out in the definitions above. This is because in many instances the both elements are not set out explicitly in the tender documents resulting in uncertainty and inappropriate pricing and expectations. This is described in more detail below.
Besides describing the services, the scope should list the “Deliverables to be produced by the Consulting Engineer”, i.e. the products of the Consulting Engineer’s work, in form of studies, reports, designs, drawings and documents. In other words, the objective of the scope of services must be to reduce to a minimum the level of uncertainty concerning the services required, for which the Consulting Engineer must develop an understanding of what is required in order to submit a Financial Offer.
6.1 PLANNING, STUDIES, INVESTIGATIONS AND ASSESSMENTS
There are many steps related to identifying or defining and determining the overall feasibility of a project that need to be undertaken prior to appointing a consulting engineer for normal project services. In many instances, with wellresourced clients, these identification and feasibility steps will be carried out internally as part of the client’s normal project identification and project definition processes. For example, within a road authority, roads requiring rehabilitation or resealing or complete reconstruction may have been identified and the projects defined as part of the road management system. In the case of a water authority, water demand or operational problems may result in the need for a new purification plant being identified and defined in broad terms.
As indicated earlier the first 3 steps of the project cycle involve planning and studies. The typical services relate to carrying out these studies and investigations as well as the preparation and submission of reports embodying preliminary proposals or initial feasibility studies and will normally be remunerated on a time and cost basis. The typical services will involve:
(i) Consultation with the client or client’s authorized representative.
(ii) Inspection of the site of the project.
(iii) Preliminary investigation, route location, planning and a level of design appropriate to allow decisions on feasibility.
(iv) Consultation with authorities having rights or powers of sanction as well as consultation with the public and stakeholder groups.
(v) Advice to the client as to regulatory and statutory requirements, including environmental management and the need for surveys, analyses, tests and site or other investigations, as well as approvals, where such are required for the completion of the report, and arranging for these to be carried out at the client’s expense.
(vi) Searching for, obtaining, investigating and collating available data, drawings and plans relating to the works.
(vii) Investigating financial and economic implications relating to the proposals or feasibility studies.
(viii) Clause (vii) does not normally apply to civil and structural services on Building Projects, where these services are provided by a Quantity Surveyor, except as far as the interpretation of cost figures the Engineer’s scope of work is concerned.
Deliverables will typically include:
List of consents and approvals.
Schedule of required surveys, tests, analyses, site and other investigations.
Once the project has been properly identified and its location, form, size and function are defined, then procurement can proceed for normal project services outlined below.
6.2 SCOPE OF SERVICES FOR NORMAL PROJECT DESIGN STAGES
After the Client has established the project definition and requirements, the execution of the assignment can be separated into six broad Stages. The 6 typical project design stages are shown in the figure below:
Project Design Stages
6 Close Out
These individual stages are elaborated upon in more detail below:
Stage 1: Inception Establish client requirements and preferences, assess user needs and options, appointment of necessary consultants, establish the project brief including project objectives, priorities, constraints, assumptions aspirations and strategies
Stage 2: Concept Viability/ Preliminary Design Prepare and finalise the project concept in accordance with the brief, including project scope, scale, character, form and function, plus preliminary programme and viability of the project)
Stage 3: Design Development/ Detailed Design Develop the approved concept to finalise the design, outline specifications, cost plan, financial viability and programme for the project)
Stage 4: Documentation and Procurement Prepare procurement and construction documentation, confirm and implement the procurement strategies and procedures for effective and timeous procurement of necessary resources for execution of the project.
Stage 5: Contract Administration and Inspection Manage, administer and monitor the construction contracts and processes including preparation and coordination of procedures and documentation to facilitate practical completion of the works
Stage 6: Closeout Fulfil and complete the project closeout including necessary documentation to facilitate effective completion, handover and operation of the project)
More detailed examples of the scope of service pertinent to each Stage are contained in Appendix A. That Appendix also shows the typical scope of services associated with carrying out the duties of the Principal Consultant where it is appropriate to appoint the consulting engineer to carry out these duties.
6.3 THE SCOPE OF WORK
The scope of work is the portion of the works for which the consulting engineer is engaged or the document that specifies and describes the supplies, 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.
For example a client wishing to construct a Casino complex consisting of three distinct components being the Building, a Parking Area and an access road, may appoint a consulting engineer to undertake Stages 36 of the normal engineering services for the Parking Area. In this case the scope of services can be defined as set out in Appendix A while the scope of work may only involve the Parking Area. Some thought will have to go into preparing the scope of work as it interfaces with other works such as stormwater runoff from the building and the interface with the access road and gate house.
A few examples of scope of work are provided below for clarity.
61: Examples of Scope of Work
Buildings The work in respect of site boundaries and fencing, foundations, electrical, air conditioning, wet services, fire protection, structural, roofing, waterproofing, stormwater, etc should be clearly allocated. If the design is to be undertaken by a multidisciplinary professional team (Architect, Quantity Surveyor, Engineer, etc.) the responsibilities of the consulting engineer in such a team must be clearly indicated.
Roads The beginning & end of the road should be indicated, whether the scope includes structures, hydrological analysis and drainage, stormwater, roadside furniture, pavement layerworks, traffic analyses, selection of borrow pits, road marking, signage etc. It should also be indicated who will be responsible for liaison with interested and affected parties and for ensuring public participation.
Structures The scope of work should be clearly indicated in respect of site investigations, foundations, interaction with other structures and facilities, design review, and similar.
Electrical The scope of work should be clear in respect of bulk services provision, power lines, substations, power connections and liaison with utilities, back up power, earthing, lightning protection, security services, access control, data and telephony, lighting, electrical reticulation and switchboards, etc.
Mechanical Clarify, if air conditioning, wet services, pumps, lifts, escalators, fire protection etc. are to be performed by one or more specialist engineers.
Dams The Scope of Services and Scope of Work should be described, in detail to enable tendering consultants to identify the level of accreditation of design staff to be identified. The Scope of Work should be clear in respect of geological and hydrological investigations to be undertaken prior to preliminary and detail design, plus the extent of design to be undertaken by contractors, and likewise the Scope of Work in the electrical and mechanical disciplines.
Municipal Services
The Scope of Services and Scope of Work should be clearly described for the consulting engineer to accurately identify the range of services to be designed by him (e.g. Roads, Stormwater Drainage, Sewerage, Water Supply, etc.) and which are to be designed by others, including the extent of simultaneous working and coordination required. The extent of construction to be undertaken by emerging contractors or using labourbased methods should also be clear.
6.4 IMPORTANT CONSIDERATIONS
The anticipated Professional Services Providers Register to be published by the CIDB will have to be taken into account when compiling the Scope of Services.
The examples of Scope of Services provided in Appendix A, are comprehensive, but generic. Items should be extracted from the generic scope or modified in each stage of the project in which the Client requires services to be performed by the Consulting Engineer. These examples also show additional services where the client requires the Consulting Engineer to perform PA/PM duties in addition to the consulting engineering services (especially if the Consulting Engineer is the sole consultant). In such cases the selected duties from the PA/PM scope must be added to those of the Consulting Engineer, for the Consulting Engineer to act as Principal Consultant in addition to acting as Consulting Engineer.
If it is necessary for the Client’s Scope of Services to be more specific to the discipline(s) of the Consulting Engineer (e.g. Civil, Structural, Electrical or Mechanical) then suitable items should be added to the generic scope, either alongside the generic items or in place of them, as appropriate.
In the preparation of the Scope of Services a number of key factors, common to every Scope, need to be borne in mind and taken into account when framing the tasks required in each Stage:
Table 62: Key Factors in Developing Scope
Obligations of the parties
The tasks required and listed by the Client should clearly all fall within the obligations of the Consulting Engineer (the successful tenderer). If a listed task falls within the Client’s obligations but requires a Consulting Engineer to perform it, it should be described as being “on behalf of the Client” to avoid implying it is solely the Consulting Engineer’s obligation and accord with the obligations of the parties as stated in the intended contract for the services
Health and Safety
Legislation such as the OHS Act lays down comprehensive actions to be taken by parties responsible for safety. This includes the Client, who may wish to delegate specific actions or tasks to the consulting engineer. Where this applies, this should