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CONTRACTORS CLASSIFICATION INSTRUCTIONS

FOR THE YEAR 2007

ISSUED IN ACCORDANCE WITH ARTICLE NO. "23"


OF THE GOVERNMENT WORKS BY - LAW NO. "71"
FOR THE YEAR 1986
& ITS AMENDMENTS

*NOTE: In the event of any difference in interpretation between the


English and Arabic text, the Arabic text shall prevail.

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CONTENTS

Subject Article

1. Definitions 1-2
2. Categories of classification
3/30
3. Committee of Classification 4
4. Fields of the classification 5
5. Decision of classification 6
6. Discontinuation of classification 7
7. General contractor 1-8
8. Contractor general in Supreme level 1-8
9. Merging 9
10. Higher categories 10
11. Administrative & Technical staff 11
12. Administrative & Technical staff of the project 12
13. Director-General 13
14. Machinery and equipments 14/25
15. Experience
17/18
16 Personal experience 19/23
17. Contractors in the first, second and third categories 24
18. Multiple fields of classification 25
19. Challenge of decision 26
20. Penalties 27
21. The sixth category
29/30
22. General provisions 15/16/28/31/32/33
23. Work outside the Kingdom 34
24. Malfunction of contractors 35
25. Selling and purchasing of Tenders 36
26. A Jordanian company with a foreign contractor 38
27. Signs of good performance for the reward 39
28. Appendix (1) definition of fields of work and Specialization

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29. Appendix (2) table of classification requirements
30. Appendix (3) documentation of projects

CONTRACTORS CLASSIFICATION INSTRUCTIONS


FOR THE YEAR 2007

Article 1
These Instructions shall be called (CONTRACTORS CLASSIFICATION
INSTRUCTIONS FOR THE YEAR 2007) and shall be applied from the
date of the publication thereof in the official gazette, taking into account
the laws and by –laws in force in The Hashemite Kingdom of Jordan.
Article 2
The following words and phrases wherever mentioned in these
Instructions shall have the meanings assigned thereto below unless the
context indicates otherwise:
By-Law : The Government Works By-Law No. 71 for year
1986 and any amendments made thereon or any other substitute By-Law.
Ministry : Ministry of Public Works & Housing.
Minister : Minister of Public Works & Housing.
Director: Director General of the Government Tenders Directorate.
Committee : Contractors Classification Committee of the first five
categories which was formed according to paragraph "b" of
Article 23 of the By-Law.
Engineer : The Engineer who is affiliated with Engineers Association
in one of the following fields {Civil, Architectural,
Electrical, Mechanical, Industrial (administrative),
Chemical, Mining (Materials)]

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Appendix No. 1 : The Appendix which contains an identification of the
types of contracting work and shall be considered an integral part of these
Instructions.

Appendix No.2 : The Appendix which contains the classification


requirements and shall be considered an integral part of these
Instructions.
Appendix No.3 : The Appendix which contains the conditions and
requirements of the projects documentation in the Jordan Contractors
Association.
Article 3
Contractors will be classified in six categories namely the
first, second, third, fourth, fifth and sixth. Each of the first
five categories shall be considered a high category.
Article 4
A. Upon a recommendation of the Minister, The Council of
Ministers, shall form a Committee consists of twelve
members for the classification of the first five categories .
The Director shall be its Chairman.
B. The Committee shall convene, whenever necessary, upon
an invitation of its Chairman. Meetings shall be valid upon
the presence of a minimum of seven of its members
including its Chairman. The decisions thereof shall be taken
unanimously or by the majority vote of six of the present
members. In the event of an evenness, the Chairman shall
have a casting vote. The Committee may seek help, if
necessary, from experts or competent persons in issues
relating to its functions without having the right to vote on
its decisions.
C. The Committee shall carry out the following functions:
1- looking into the contractor's classification applications
and ascertain the correctness of the submitted certificates

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and documents and providing the Minister with its
recommendations.
2- Modifying and amending these Instructions and
Appendices whenever it becomes necessary to do so and
providing the minister with its recommendations.

Article 5
A- The contracting works, for the purposes of classifying
Contractors, shall be divided into the following fields:
1- Roads
2- Buildings
3- Electro-Mechanics
4- Water & Sewerage
5- Other Works
B- The subsidiary specializations which are included in
every field of the works provided for under paragraph (a)
hereof and each of them shall be identified in the manner
specified under Appendix No. -1-
Article 6
A- The Contractors shall be classified in the first five categories
and in one field or specialization or more, by a decision of the
minister, upon the recommendation of the Committee.
B- The classification decision for the first five categories shall be
valid for three years as of the first day of April of the year of
classification and expires on the thirty first day of the month of
March of the third year. If the classification has been completed at
any time subsequent to the date of commencement of the
classification, its validity shall expire at the end of the period of
classification.
C- The Contractor who was classified in the first year of the
classification period may obtain an extension for classification
certificate for the next two years provided that the following

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documents should be submitted and whereby it will be valid for
the second year of the period of classification:
1. An occupational License
2. A certificate shows that the fees payable by him to the
Construction Contractors Association up to the date hereof
has been paid.
3. A recent Registration Certificate for the Engineers
working for him issued from the Engineers Association
together with a copy of the letter of appointment or
contract signed with the Engineer.
4. Any amendments on the statement of the machinery
owned by him.
5. A recent certificate of registration issued from the
Ministry of Industry and Trade valid up to date.
6. In addition to the above, contractors classified in first
,second and third categories are required to provide the
following :
- A balance sheet for the year prior to the year of
classification, certified by an accredited auditing office.
- A social security list of the administrative and technical
staff members for the year of classification.
D. The Directorate shall store the documents of classification
electronically and return those documents to their owners within
two months from the date of issuance of certificate of
classification, otherwise it will be destroyed.
Article 7
A- In the event that the contractor failed to renew and extend the
classification for a period exceeds three (3) successive years, his
license and classification shall be deemed legally null and invalid
regardless to any other procedure.
B- The contractor may change the name of the company or
establishment as well as the trade name provided submitting a
written application to the committee and the certificate of

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classification should be valid at the time of submitting such an
application. The regulations of the Ministry of Industry and Trade
in this regard, as well as the obligations and rights of the previous
company should be taken into consideration.

Article 8 - (The General Contractor)


8.1 The Minister may, upon a recommendation of the Committee,
consider any contractor as a "General Contractor" if he was classified in
first category in:
1- Roads construction
2- Buildings construction
3- Water & Sewerage
4- Electro-Mechanics
Subject to the following:
A. The registered capital should be 2 million Dinars at least .
B. Submitting a financial solvency documents requested by the
Committee.
C. He should have a documented experience covering the
achievement of major projects in the four various fields of work
for a total value of thirty million dinars, at least in the past ten
years.
D. The history of his experience for the recent years should be free
of stumbling in the accomplishment of projects
E. If the contractor breaches any of the conditions set forth in this
Article, shall be suspended to serve as general contractor and he
will be returned to serve as a general contractor by a decision
from the Minister and upon the recommendation of the
Committee, if the fault referred to has been to corrected.

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F. The contractor shall be given a certificate of a "general
contractor", without stating the fields and specializations and in
addition to that, he shall be given also a certificate of
classification showing the fields and specializations he
classified for.
8-2 The Minister, upon the recommendation of the Committee, may
designate a joint- venture of contractors for the purpose of exporting
contracting works and the execution of major and specialized projects in
the Kingdom (general contractor - the highest class) in accordance with
the following:

A. A joint-venture of two contractors or more, each of them should be


classified in the first class, provided that the first class shall cover
the first four fields of work contained in the article (8-1) with a
minimum total capital of five million dinars.
Classified Jordanian companies may join the joint-venture here-in-
above mentioned, in any field of the classification. Members of
such joint-venture are required to have executed works, with no
failures, with a total value of more than (30) million dinars during
the six years prior to the date of submitting the application.
B. The business activities of the joint-venture (general contractor - the
highest class) covering the participation in the bids, tenders and
international bidding invitations with local or foreign funding, as
well as projects come up for first category.
C. The joint-venture stated in item (a) of this article shall be registered
with the notary public under the rules of procedure and according
to an Application Form adopted by the Committee for this purpose
so that the companies of the joint-venture shall be jointly and
severally committed to the responsibilities, duties and rights as
well as an agreement certified from the notary public of such joint-
venture should be provided for each individual project.
D. Each partner of the joint-venture shall not to compete for the
project, which the joint-venture has made a bidding offer or tender.

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E. The joint-venture (general contractor – the highest class) shall
Appoint a full-time technical director
F. The joint-venture shall have the following systems:
1. Quality Control System
2. Public safety system
3. The system of ISO 14000 (on environment)
4. Human resources department including a training section
G- If the joint-venture (general contractor – the highest class)
breaches any of the classification conditions in force, the Minister,
upon a recommendation of the Committee, shall have the right to
take any measures he deems appropriate, including the right to
terminate this joint-venture.
H- The joint-venture will be named as stated in its own rules of
procedure.
Article 9
Construction companies may get merged pursuant to the Companies law
in force, as follows:
1 - The classification of the companies shall be in effect at the time of
submitting the application for merging.
2 - The company willing to enter in merging has to prove that it has
activities in the field of work or specialization that it has been classified
in for the last (5) years
3 – In the event that the conditions set forth in clauses (1 & 2) here-in-
above have been met, the new company resulting from the integration
shall be classified as follows:
A. Classification of each company shall be transferred to the company
resulting from the Integration.
B. In the event of a merging between two companies or more and they
are classified in the same field or specialization, the company
resulting from the integration shall be granted the higher
classification in the field or specialization of either one.
C. If the integration produced a company classified in the first
category in the four main fields of work, namely, (roads, buildings,

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water and sewerage, and electro-mechanic) the company shall be
granted a name of (general contractor), taking into account what
have been mentioned in article (8-1) of the instructions hereto.
D. The company resulted from integration shall be registered in the
Contractors Association with a new membership.
4. Technical staff, administrative personnel, machinery, equipment and
others should be provided by the new company (integrated), according to
classification category and field, which shall be determined by the
committee.

5. When companies or establishments obtain the initiative approval from


the Committee for the merging, they shall be requested to do the
followings:
A. Write-off of the membership of these companies in the Association
of Contractors.
B. Write-off of the commercial register of each company in the
Ministry of Industry and trade throughout the period of integration
provided that it does not have a conflict with the laws and
regulations in force.
C. The company resulted from integration shall be registered in the
Ministry of Industry & Trade.
6- The committee shall provide the Minister with a recommendation to
cancel the classification of the companies involved in the integration
subsequent to obtaining the classification of the company resulted from
the integration.
7- In case that the new company breaches any of the conditions of
integration, The Minister shall have the right to terminate the integration
upon a recommendation from the Committee.
8- If the joint-venture breakdowns, classification of each company shall
be regained independently as it was prior to the integration by new
license decision.

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9- The trade name of the company resulting from the integration shall be
canceled unless parties to the integration agree to give up this trade name
to either one of the parties entered into integration.

Article 10
The Contractor who desires to be classified in one of the first
five categories should comply with the following:
1- He should be an active member in the Jordanian Contractors
Association and all Association fees must be fully paid for the year
of classification required.

2- He should be licensed as a Construction Contractor pursuant to the


provisions of the Construction Contractors Law No. 13 for the year
1987 and the instruction issued by it .
3- He should be registered with the Companies Controller or in the
Commercial Register of the Ministry of Industry & Trade provided that
the purpose of registration is to carry out the contracting business only
according to a license decision for the company or establishment subject
to the approval of the classification committee prior to any modification
or change to the register of the company in the companies controller or
commercial register controller of the ministry of industry and trade .
4- He should have obtained a valid Occupational License for the head
office as it is mentioned in the commercial register.
5- He should have an adequate office, which is compatible with his
classification category pursuant to Appendix No. (2).
6- He should submit a recent certificate for the year of classification
issued by the Engineers Association that shows the names of the
full-time Engineers working for him.

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7- He should submit new bank certificates for the year of
classification proving his financial solvency for classification
category in the field or specialization according to the adopted
forms provided that such certificates are issued from or signed by
the bank's headquarters or the Financial Institution that the
Contractor deals with.
8- He should have the administrative and technical staff, equipment
and experience provided for under articles 11, 12, 13, 14, 15 and
appendix no(2) of these Instructions:
A. In the event that the Contractor is classified in more than
one field of work, it shall suffice to have the administrative
staff of the highest requirements.
B. The required technical staff shall be equivalent to two-thirds
of the technical staff required for all fields of work so that it
covers all different specializations.
C. As far to the Technical Manager, one manager with the
highest requirement in all fields of work shall be enough (If
there is a technical manager in the company, the contractor
shall appoint a substitute to the technical manager with the
same specialization of the original technical manager),
except in field of Electro-Mechanics where another technical
manager should be appointed .
Article 11
The full-time administrative and technical staff provided for in Article
(10), must have the following qualifications:

1- Financial Staff :
The (Financial Manager) for such staff should be a holder of
a University degree in field of Accounting, Economics or
Business Administration with a minimum experience of (5)
years in financial affairs.
The (Accountant) should be a holder of a University degree
in Accounting with a minimum of two years of experience in

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this field, or holder of a Certificate in Accounting from a
Community College with a minimum of five years of
experience in the accounting field or a holder of General
Secondary Education Certificate with a minimum of ten
years experience in the field of accounting.

2- Administration Staff:
The (Administrative Manager) of such staff should have the
following qualifications and experiences according to the
classification category of the Contractor:-

For the First category:


He Should be a holder of a University degree with a
minimum experience of (5) years in the field of
administration, or holder of a certificate from a Community
College with a minimum of (8) years experience in the
administration field or a holder of a General Secondary
Education Certificate with a minimum experience of (12)
years in the administration field.

For The Second & Third Categories:


He should be a holder of a certificate from a Community
College with a minimum experience of (5) years in the
administration field or a holder of a General Secondary
Education Certificate with a minimum experience of (8)
years in the administration field.

3- Technical Staff:
The (Technical Manager) of such staff should be an Engineer
registered with the Engineers Association specialized in the

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field he is appointed for, and he should be working a full-
time job with the Contractor and should have the following
minimum experience in field of engineering works
according to the category of the Contractor:
- For the first Category : (12) years of which (8) years are in the
execution of projects.
- For the second Category : (8) years of which (5) years are in
the execution of projects.
- For the third Category : (6) years of which (3) years are in
the execution of projects.
- For the fourth Category : (4) years of which (2) years are in
the execution of projects.

- Programming and planning engineer for the first category or any of the
fields of classifications mentioned in appendix no (2).
Members of the Technical Staff of Engineers should be registered with
the Engineers Association in field of the contractor's specialization and
working as full-timer jobs with the Company. They should have the
following minimum experience in field of engineering works according
to the Contractor's category of classification.
- For the first and second Categories: (5) years
- For the third and fourth Categories: (3) years
- For the fifth Category: New graduates

 Technical Supervisors, Draftsman, Surveyors, Quantity Surveyors


and Material Analysts should be holders of certificates from
Community Colleges with a minimum of (4) years experience in
the execution of projects or graduates of Technical Institutes with a
minimum experience of (6) years.

Article 12

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If a Contractor undertakes to execute any project, he must provide the
technical and administrative staff according to the conditions of the
contract for every project in addition to the permanent and full-time staff
in his head office.

Article 13
A. The Contractor's General Manager may occupy the post of
Technical Manager or Administrative Manager in addition to being
a General Manager provided that he meets the conditions provided
for any of these two posts. The General Manager in all cases
should be a full-time worker in one enterprise.
B. It is not permissible to combine the posts of Technical Manager
and that of Administrative Manager for the first and second
Categories.

Article 14

1. The Contractor should submit the statements and data relating to


his construction motor vehicles, and should be registered with the
Motor Vehicles Licensing Department and licensed for the year of
classification.
2. The construction motor vehicles and equipments should be fit for
service and the Contractor's ownership thereto should remain valid
throughout the period of classification and should inform the
directorate about any change in its ownership and the Ministry
shall has the right, upon a recommendation of the Committee, to
reconsider contractor's classification whether he had informed the
directorate thereon or with held such information therefrom.
Article 15
The Minister has the right, upon the recommendation of the Committee,
to add or delete some fields or specializations provided for in Appendix
No. (1) of the instructions hereto and to determine the requirements of the
new fields and specializations.

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Article 16
The Minister shall have the right, upon a recommendation of the
Committee, to carry out some amendments to the schedules provided for
Appendix No. (2) of the instructions thereto.
Article 17 - Experience
A. The Contractor who wishes to amend, renew, extend add a new
classification should have an experience in execution of projects in
the field or specialization to which classification is required within
the seven years directly preceding the submission of the
classification application pursuant to the conditions and
specifications of experience provided for in Appendix No. (2). He
should submit such data and statements which substantiate such
experience and certificates of good performance from the
Employers and the supervisor contain the complete information on
the performance of the contractor and the projects being
implemented or have been implemented by him pursuant to a Form
adopted by the Committee attached with (the instructions)
concerning the performance of the contractor, and any other
information required by the committee. If the contractor's
performance was not good enough for renewal or extension or
modification or addition of the classification, the Committee shall
have the right to refuse the application, regardless if all conditions
and requirements contained in the instructions for classification
thereto were fulfilled.
B. For the purposes of the amendment of classification, the value of
experience that will be calculated is difference between the value
of experience required for the upper category he wants to move to
and the value of experience in the category he belongs to at the
time of submitting the application for amendment.
The projects that have been performed after the last classification
shall be considered only.
C. Subject to the provisions of article (17) of these Instructions and in
realization of the purposed objectives of paragraph (a)of this article

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, the following shall be pre-requisite in the projects execution
experience of the contractor who wishes to be classified:
1. In fields of Roads, Buildings and water and sewerage.

- For the first Category : The value of each project which


was executed by the Contractor should
not be less than (400.000) four hundred
thousand Dinars.
- For the second Category : The value should not be
less than (250,000) two hundred fifty
thousand Dinars per project.
- For the third Category : The value should not be less than
(100,000) one hundred thousand Dinars
per project.
-For the fourth Category : The value should not be less than
(25,000) twenty five thousand Dinars per
project.
- For the fifth Category: The value should not be less than
(5,000) five thousand Dinars per project.

2. The field of Electro-Mechanics.

- For the first Category : The value of each project which


was executed should not be less than
(200,000) two hundred thousand Dinars.

- For the second Category: The value should not be less than
(150,000) one hundred fifty thousand
Dinars per project.
- For the third Category: The value should not be less than
(50.000) fifty thousand Dinars per
project.

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Remark: Technically distinguished projects shall be considered if its
values are less than the above mentioned values and supported by
certificates from the engineer and the employer.
D. The Contractor's experience during the seven years instantly
preceding the submission of application of his classification should
include his completion a minimum of one project in the value of
two third the ceiling of value set out per project for the current
class of his classification or completion of two projects the value of
each is one half the ceiling of value of the said project as provided
for in Appendix No. (2) , the efficiency rate of his annual
production during the years preceding the date of submission of his
classification application should not be less than one fourth the
value of each project which is provided for his classification
category in the said Appendix.
For the purpose of calculating the annual efficiency of the first
category Contractor in the specialization of Roads and Buildings
construction, the value of the project shall be considered as
(6,000,000) six million Dinars.
In all circumstances, it shall be pre-requisite that the completion
was made without stumblings or justified delays in the period of
execution.
D. It is pre-requisite for applicants of amendment of classification in
field of Electro-Mechanics the followings:
1. The applicant for classification in the high classes, the first
and the second, should have directly executed through the
company own staff some large projects in field of electro-
mechanics containing all the electro-mechanic systems.
2. For the first class, the company must have a Technical
Manager (Electrical or Mechanical) Engineer with a
minimum experience not less than fifteen years of which ten
years in executing Electro-Mechanical project only.

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3. The main technical staff (Engineering) of the company as a
whole should have executed Electro-Mechanical projects
containing Electro-Mechanical systems.
4. For the first category, the company shall have an Electrical
Engineer with an experience of twelve years and above as
well as a Mechanical Engineer with an experience of twelve
years and above of which eight years in executing Electro-
Mechanical projects.
5. For the second category, the company shall have an
Electrical Engineer with an experience of seven years and
above and a Mechanical engineer with an experience of
seven years and above of which five years in executing
Electro-Mechanic projects.
E. For the purposes of classification, the projects executed by the
Contractor as a main Contractor shall be considered if he has
executed a minimum of 50% of the value of such projects using
his own administrative and technical staff as well as his
equipments. The experience in any project shall not be accepted if
the Contractor has entrusted the execution of the project or
assigned it completely to a sub-contractor. For the project that has
been executed by a joint venture of contractors, the experience to
each of them shall be calculated in proportion to the rate of his
completion of the project according to his specialization.
F. The experience to any sub-contractor approved by the employer
shall be calculated in a portion equal to 75% of the value of the
actual works he executed provided the same is substantiated by a
certificate issued from the Employer and approved by the
Contractors Association and the rest 25% of the work's value shall
be accredited to the main contractor.
G. As to the experience in executing projects of the private sector, the
Contractor should prove the experience by submitting the original
contracts that were signed by the Employers according to the
following:

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G.1- For the purposes of calculating the experience in the projects of the
private sector, the authenticated contracts that were registered in the
Contractors Association according to the form mentioned in Appendix
No. (3) shall be accredited.
G.2. Subject to the provisions of article (G.1) here-in-above, the
maximum limit for the total experiences in the private sector such as the
housing projects and villas that accredited for the purposes of
classifications shall be as follows:

1- The private housing buildings and villas 20% for the first,
second and third categories.
2- The private housing buildings and villas 30% for the fourth
and fifth and sixth categories of the requirements provided for in
Appendix No(2) of the instructions of classifications regardless to the
value of experiences in the private sector.
G.3. Projects under bidding as an integrated project covering the
infrastructure and commercial buildings.
G.4. the execution experiences of the Public Shareholding Companies
and the semi-official companies shall be treated same as the public sector
provided that such project awarded as a Tender.

Article 18
A. It is pre-requisite for those to be classified in the first class in field
of Roads construction is to be shall be classified in first category
in three subsidiary specializations (asphalt mix, concrete
works/bridges, intersections and tunnels , earth works/excavation
and mining).
Remark: It is an acquired right to the companies and institutions that
have been classified in the first category B to road construction before
the issuance of these instructions.

B. It is pre-requisite for those contractors to be classified in the second


category in specialization of Roads construction shall be classified

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in two of the three subsidiary specializations (asphalt mix, concrete
works/bridges, intersections, tunnels, earth works/excavation, and
mining) in the first category in one of them and in the second
category at least in the second category.
Article 19
Personal Experience
A. It is not permissible to classify any new establishment directly in
the first category.
B. Upon submitting the application of classification for the first time,
one of owners of the company must be qualified and obtain the
ratio specified in the applicable license instructions of contractors
provided that he is authorized for technical and administrative
issues at least:
1. For the fourth category: an Engineer with an experience not less
than twelve years.
2. For the fifth category: an Engineer with an experience not less than
seven years.
Remark: The request for classification's field must be in conformity with
the personal experience of the founder and at the Committee's
contentment.
3. For the third category (Electro-Mechanics), Electrical Engineer and
Mechanical Engineer with an experience not less than ten years for
each, and for the third class Electricity and the third class
Mechanics, an Electrical or Mechanical Engineer with an
experience not less than ten years.
4. Engineers with an experience of between two years and below
seven years and the Diploma holders after the General Education
Certificate, which must be equivalent to certain level from the
competent authorities, with a practical experience of ten years
minimum they shall be classified in the sixth category General
works.
Remark: specializations assigned for Diplomas are (Civil, Architecture,
Electrics, Mechanics and décor).

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5. In case if there are more than one of the aforementioned came for
classification, the committee shall adopt the person of the higher
level of experience in each field or specialization at the
Committee's contentment .
C. Upon classification for the first time, the main personal experience
of the partner(s) shall be adopted and after that, the experience of
the company shall be adopted.
*Remark: The subsidiary field or specialization for the classification of
Engineers and Diploma holders shall be assigned in accordance with the
certificate of education along with the practical experience in the same
specialization .
Article 20
In the event that the qualified partner withdrew from a contracting
company that have been classified on the basis of his personal
experience, before the expiration of the period allowed for the
withdrawal which is five years as stated in the instructions of
licensing contractors in force, the partner shall provide justified
reasons for such withdrawal and the company must introduce an
alternative partner with the same qualifications otherwise, the
classification of company will be reconsidered in accordance with
the Committee's contentment .
Article 21
The committee shall review the application submitted by the
contractor who wishes to be classified in a field or in a subsidiary
specialization based on the experience gained from the company,
which he was a partner for a period not less than five years and
takes the decision according to the instructions in force or
according to its contentment.
Article 22
Any existing contracting company or establishment and classified
for at least two years may introduce a new partner for the purpose
of adding a subsidiary specialization or a new field different from

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the field or subsidiary specialization it is classified for according to
the followings:
1. He shall not be a partner in another contracting
company or an owner of a contracting company the
purpose of its registration is to carry out
Construction Contracting.
2. His portion in the capital of the company shall not
be less than 25%.
3. If it was an Establishment, a new decision of license
should be obtained in order to change the
Establishment into a company.
4. Taking into account what is stated in Article (20,21)
Article 23
In case of joining a new partner(s) to a company/Establishment
which is classified in any field or specialization for all categories,
the portion of the new partner(s) in the company shall not exceed
25% and not go beyond the portion of any of the original partners
in all cases.
Article 24
Upon submission of the application for renewal, extension, or
amendment in any of the first, second and the third categories, the
contractor shall be obligated to the following:
a. Maintain organized books according to the adopted accounting
principles, should have a licensed certified accountant whose name
should have been listed in the classification application.
b. Provide the Government Tenders Directorate with the balance sheet
showing therein the statement of assets and liabilities which shows
the works he had executed during the year preceding the
submission of the classification application and the works under
execution and shall be approved by the certified auditor.
c. Submit to the Committee a financial report on the established form
in order to show his financial position with respect to the projects
he is committed to execute in addition to providing the Committee

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with any other information on his financial position and to certify it
from the competent authorities.

d. Submit to the Classification Committee the organizational chart of


his company together with the names of owners of the company,
their shares, the administrative and financial power of each of them
and the Company's rules of procedure if the Contracting
Establishment is a private or public shareholding company.
e. Submit any financial or technical information of the status of the
Company/Establishment requested by the Committee.
Article 25
Any Contractor who wishes to be classified in more than one field
or in more than one subsidiary specialization he must submit to the
Classification Committee the following:
a- A proof of his financial solvency and administrative and technical
capability to meet the responsibilities consequent upon every field
or subsidiary specialization according to the conditions and
requirements provided for in these Instructions.
b- To provide the major capital established for any such fields or
subsidiary specializations in addition to one fourth of the capital
established for any of the other fields or subsidiary
specializations. Companies and establishment categorized in the
field or subsidiary specialization within the field are excluded from
this condition whereas the largest capital of either one will be
adopted.
e. To provide the largest value of the machinery and equipments
(Facilities) required for these fields or specializations in addition to
one fourth of the value of the machinery and equipments required
for each of the other fields and specializations.
Article 26
The contractor may object to the decision of the classification committee
for one time during one month from the date he was notified of the
decision provided to show documents the information provided by him at

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the first time he submitted the application and the second decision of the
committee shall be final.
Article 27
A. The classified contractor shall keep all conditions ,requirements,
machinery ,equipments, and the other things, on the basis on which he
was classified throughout the period of the classification. The minster
shall have the right to reconsider his classification in a lower category or
terminate it at any time; if the contractor breached the provisions of this
article upon a recommendation from the committee taking into account
what has been mentioned in the articles (11), (13), (14) of these
instructions.
B. If the committee found out that the documents submitted by the
contractor and attached with the application of classification were
incorrect, the minister, upon a recommendation from the committee, shall
have the right to take one of the following measures:
1. Forwarding the contractor an initial warning and in the case of
repetition of such offense, the contractor will be deprived
according to item (2) here-in-after.
2. Preventing the contractor from participation in the Government
Tenders for a period deemed appropriate by the committee.
C. If it has been approved to the Committee, through the report of a
committee formed to serve this purpose according to article No. (25), of
the Government works by-law, that the contractor has submitted false
documents, the minister shall have the right, upon a recommendation of
the Committee, to cross such contractor out from the records of
classification and to refer him to the Attorney-General.
Article 28
If the contractor did not practice the contracting business for more than
two years without justified reasons, his classification shall be
reconsidered.
Article 29
A. The Minister shall form a Committee called (The Classification
Committee of the sixth category Contractors) consisting of a Chairman

25
and four members. This Committee shall convene whenever necessary
upon an invitation of its Chairman. The meetings of this committee shall
be valid upon the attendance of the majority of its members including the
Chairman thereof. This committee undertakes to review the applications
of the sixth category contractors and transmit recommendations to the
Minister in order to take his decisions in relation thereto.
B. The Contractor shall be categorized in the sixth category to work in the
field of General Works pursuant to the following conditions:
1- He should be an active member in the Jordanian Contractors
Association.
2- He should have obtained a license for the establishment of a
contracting company pursuant to the provisions of the
Construction Contractors Law No. (13) For the year 1987,
and any amendment made thereon and the instructions
issued under it.
3- He should be registered with the Companies Controller or
with the Commercial Register at the Ministry of Industry &
Trade provided that the purpose of registration is to carry out
Construction Contracting only.
4- He should have a valid Occupational License.
5- He should have the appropriate equipments to execute the
general works according to Appendix No. (2).
6- He shall submit the application of his classification on the
adopted Application Form.
Article 30
The classification decision of the sixth category shall be valid for three
years starting from the first day of the month of April of the year of
classification and ending on the thirty first of March of the third year. If
the classification was made at any time after the start date of
classification, it shall be invalid at the end of the classification period
Classification could be extended for the next two years provided
submission the documents provided for in Article (29-B) of these
instructions except items No. (2, 5, 6).

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Article 31
The Minister shall issue, upon the recommendation of the Classification
Committee, the necessary instructions in respect of application of the
commitment ceiling and the number of projects or tenders which any
classified contractor may commit himself to perform simultaneously
according to his category of classification and performance.

Article 32
No individual, company or establishment shall be a partner in more than
one contracting company and it shall be also an acquired right of the
companies that have been classified prior to the issuance of instructions
2000.
Article 33
It is not permissible to name any contracting company or establishment
with a name that does not indicate its actual business such as engineering
studies, consulting, project management or otherwise.
Article 34
Upon a recommendation of the committee, the Minister shall grant the
contractor a certificate of classification for working outside the Kingdom
according to the following conditions:
1. The certificate of classification for the company should be valid in
the Kingdom.
2. To submit a certificate that proves a good performance in the
projects he executed in the Kingdom during the last three years.
3. To maintain the minimum of the technical and administrative
cadre, machinery and equipments approved by the committee.
4. He should have a permanent office in the Kingdom.
5. Suspension of the classification of the company or establishment at
the contractor's request for the purpose of working outside the
Kingdom.
6. The application of such suspension may be renewed annually
provided a dully submission of documents prove the person

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concerned is working in field of contracting business outside the
Kingdom.
7. The contractor shall have the right to renew the classification
pursuant to the applicable instructions.
8. The classification of the company or establishment shall be
terminated if it has approved that the contractor is not working in
field of contracting outside the Kingdom.

Article 35
A. The Committee of classification shall review the complaints
received by the Directorate on the failure in executing the works of
Tenders and reasons of such failure. Accordingly, a technical
committee shall be formed to investigate of such failure and if such
failure actually occurred, the Minister may, upon a
recommendation of the committee, take any of the following
stipulated measures:
1. Not to award any tender to the company or establishment unless all
works of the defaulted project are over or the removal of the causes
for such default.
2. In the event of reception of more than one complaint against the
contractor from the employers regarding any tender or in respect to
the same tender or the site access was regained by the owner , the
contractor shall be deprived for a limited period, from the
participation in the Government Tenders announced within the
period of deprivation.
3. Reducing the classification's category of the company or
establishment.
4. Termination of classification of the contractor in the case of
withdrawal more than one project from him within five years from
the date of withdrawal of the first project pursuant to the letter of
the employer and the report of the committee formed under Article

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No. (25-B) of the Government Works By-Law No. (71) for the year
1986 and its amendments.
5. Not to take any of the aforementioned measures if the committee
was convinced that there was no failure occurred, complaint and
invalidity of its reasons.
C. The Director General shall have the right to refer any failure or
violation committed by any classified contracting Company or
establishment to the Committee, which shall review the failure or
refer it to a technical committee for investigation and apply one of
the measures provided for in item (A) of this Article.

Article 36
The classification committee has the right to take action according to
article (25) of the government works by-law no (71) for the year 1986
and its amendments. In case that the contractor has sold any tender or
gave it up or his classification was used by others for executing any
tender or buying it under the name of others .

Article 37
The Committee of Classification may use experts and professionals in
matters relating to the defaults of contractors or in the event of sale of
tenders, purchase of tenders on behalf of others and to verify the
contractor's performance in the implementation of projects. Those experts
and professionals shall be granted financial rewards upon a
recommendation of the Committee and the approval of the Minister.
Article 38
No Jordanian Contracting Company in which a foreign Contractor
participates may be classified unless the following conditions are
fulfilled:
A. The Jordanian partner has to have the required experience pursuant
to these Instructions at a minimum rate of 50% of the experience
required to classify the company in the higher requested
category.

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B. The foreign partner should provide three times the experience
required for the category to which the classification is requested.
C. That the Company shall provide the technical, administrative and
financial staffs pursuant to these Instructions. The foreign partner
shall have a representative residing in the Kingdom for the
purposes of applying the company's legal responsibilities and the
liabilities consequent thereon. The foreign engineers should be
registered with the Jordan Engineers Association.
D. The foreign partner should transfer his entire share in the capital in
foreign currency through an approved local bank.
E. There should be a good reason for public interest towards the
establishment of such a company.
Article 39
For the contractors who have obtained awards from the Ministry of
Public Works and Housing on the execution of contracts in the last three
years, (7) marks shall be added to the score of good performance in the
technical evaluation.

Article 40
All Contractors Classification Instructions for the year 2000 and
published in the official Gazette No. (4436) on 11/06/2000, shall be
invalid.

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Appendix No. 1

Identification of Fields and Specializations for the Contracting


Works

A. The first Field ( Roads )

1. Specialization of (Roads construct)


Construct all types of roads such earth work, paving and
asphalting. The work is including earth works, dams, base works,
bridges, culverts, asphalt mixes, retaining walls for road, paints,
guiding and caution signs. As well as carry out some procedures of
soil maintenance and measures to protect it from erosion,
landslides, turn over and maintenance as provided in the
specialization.
2. Specialization of (Asphalt Mixes)
Prepare and perform the hot and cold asphalt mixes for surface
coats of the road including patching and preparing such coats and
maintenance of these works.

3-Specialization of (Concrete Works / bridges, intersections


and tunnels)

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Construct bridges, intersections, tunnels and heavy and specialized
concrete constructions and maintenance of it.
4-Specialization of (Culverts, retaining walls and drainage
culverts)
This specialization includes the construction of culverts, retaining
walls for road works, drainage culverts and maintenance works.
5. Specialization of (Earth works / excavation and mining):-
Performing excavation, backfilling works for road embankments,
rail ways, airports, mining and carry out of bedding and leveling
work etc.
B. The second field (Buildings)
1. Specialization of (Buildings construction)

Constructing the general and residential buildings, schools,


hospitals, hotels, housing projects, villas, industrial and concrete
buildings including the infra-structure, piping and complementary
works whereby the buildings shall be ready for use as well as
maintenance of such works.
2-Specialization of (Pre-cast Concrete Buildings)
Construction of buildings from pre-cast concrete elements. This
work includes manufacturing of elements and installation of the
elements, construction of foundations, complementary and laying
works for the ready-to-use buildings as well as maintenance of
same. It is pre-requisite that the Contractor should be an owner of
the concrete elements factory.
3-Specialization of (Steel Structures)
Construction of steel buildings such as factories, warehouses,
hangars and fuel and gas tanks. This work includes the integrated
buildings with foundations, structures, piping and complementary
works whereby it will be ready for use. It is a pre-requisite that the
Contractor should be the owner of the steel structures factory.
4- Specialization of (Prefabricated Buildings)

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Construction of residential, industrial or public buildings etc. from
steel, asbestos or polymerized materials. The work covers the
integrated buildings with foundations, structures, piping and
complementary works whereby the buildings will be ready for use.
The specialization covers the maintenance of such works. It is a
pre-requisite that the Contractor should be the owner of the factory
where such works are prepared.
5- Specialization of (Buildings Maintenance)
This specialization includes the periodic and preventive
maintenance of civil works renovation of concrete, stone, block,
plastering, floorings, joinery, steel works, painting and surface
insulation as well as maintenance of everything relating to the
electrical, mechanical, and sanitary piping elements as well as the
continuous maintenance for hospitals and other buildings.
Remark: For the purposes of classification amendment, 20% of the
continuous maintenance works will be adopted as a maximum of the
required experiences for the category.
6. Specialization of (décor & furnishing works)
This specialization covers the construction of all kinds of décor and
furnishing works of the building as well as manufacturing and
preparing the interior designs for it according to the requirements
of the project.
C. The third Field (Electro – Mechanics)
1. Specialization of (Electro – Mechanics)
Execution of all mechanical, electrical and sanitary works such as
piping of water, drainage, gas, heating, air-conditioning and
refrigeration, Fire-fighting systems and security systems,
surveillance and warning, electrification of buildings lighting ,
street lighting, parks and playgrounds, traffic signals, electric
power works, buildings and power plants and, electrical
transformation, pumping stations, warehouses of refrigeration and
industrial projects and its operation and maintenance.
2- Specialization of (Mechanics)

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Execution of mechanical works, gas, mechanical, sanitary piping,
heating, air-conditioning, ventilation and refrigeration systems,
laboratory pipes laying internal water and drainage networks and
installation of mechanical plant such as boilers , pumps ,
compressors, refrigerators and pump stations. as well as operating
and maintaining it .
3-Specialization of (Electricity)
Execution of all kinds of the electrical works and preparing
building, street, airports. Lightining traffic lights, electrical power
and transformation stations for transmission and distribution,
operation and maintenance, execution of underground and over
ground high and low tension networks as well as operating and
maintaining it.
4- Specialization of (Electronics)
Installation, operation and maintenance of equipments and systems
relating to wire and wireless telecommunications, computer,
electronic equipments and exchange systems, audio, video and
protection systems, traffic lights medical equipments and its
maintenance.
D. The fourth Field (Water & Sewerage)
1-Specialization of (Water & Sewerage)
This specialization includes the water, sewerage, irrigation
projects, pumping and uplifting stations, water and water drainage
networks and its tanks as well as complementary works such as
valves and piping etc.
2-Specialization of sewage treatment plants (Sewerage)
The construction of sewage treatment plants, for sewerage systems,
pumping and uplifting stations, including the civil, mechanical and
electrical works as well as operation and maintenance of it.

3. Specialization of (drinking water treatment &


Purification Stations).

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The construction of water treatment and purification stations and
removal of salts including civil, mechanical, electrical and
chemical works as well as operation and maintenance of it.
E. The fifth field (other works)
This field includes the following specializations:
1. Specialization of (Communication networks)
This specialization covers the execution of the following
work:
A. The civil works: it includes the construction of manholes
and all required fixture, digging trenches, supply and laying
of pipes, backfilling and compacting works pursuant to the
specifications as well as cleaning and restoring the
situation as it was before the excavation, whether it was
(natural earth, concrete, tiles or asphalt…etc ).
B. Installation works: includes installation of poles and
cabling of all kinds with all fixtures.
2. Specialization of (Drilling of Water wells)
This specialization includes the drilling of water wells and getting
them ready for use.
3. Specialization of (drilling wells for the purpose of
grouting, grouting and pile foundations).
This specialization covers the drilling of wells and its
grouting and drilling of pile wells as well as its preparation
and casting.
4. Specialization of (installation of industrial facilities): execute
all kinds of works, electrical and mechanical systems of the
industrial projects as well as operation and maintenance of it.
5. Specialization of (General Works)
This specialization includes the execution of works in the field
of buildings, water and sewerage, electricity, mechanics,
telecommunication, construction of walls, fences, sidewalks,
passage ways and décor works within the values specified in
Appendix No. (2) Of these Instructions.

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