Inform Practice Note #31

February 2014
(Version 2 - June 2014)

Requirements for Registered Professionals on

Construction Works Contracts

cidb’s Inform Practice notes provide guidance and clarity in achieving client objectives
in construction procurement and delivery. Practice notes inform clients and practitioners
on how to embrace best practice and how to deal with issues that may arise. They are aligned
with, but do not replace regulation.

Content
1. Background 2
2. Construction Management 3
3. Specifying Requirements for
Construction Managers 4
4. Monitoring Requirements for
Construction Managers 6
Annexure: Characteristics of
Engineering Practice 6

Overview
The July 2013 cidb Regulation Amendments (gazette No. 36629 of 2 July 2013) removed the requirement for
“qualified persons” (or registered professionals) as a contractor registration requirement. The intent of this
amendment is to move to a requirement for clients to determine and specify the specific technical resource
requirements on projects, based on the scope of work, complexity and size of the project. This Practice Note
provides guidelines to clients to specify eligibility requirements for registered professionals to undertake the
management of the construction works contract.

Practice Note #31 • February 2014 1

 1. Background
The July 2013 cidb Regulation Amendments (gazette No. 36629
of 2 July 2013) removed the requirement for “qualified persons”
(or registered professionals) as a contractor registration
requirement (Regulation 12(4) and Tables 4A and 4B), namely:

Table 4A
Minimum number of full-time qualified persons required for
Works Capability registration in a category of construction works
General Civil Electrical Mechanical Specialist
Maximum (R) value of contract that a contractor
Designation Building Engineering Engineering Engineering Works
is considered capable of performing (GB ) (CE) (EB and EP) (ME) (SW)
1 200 000 - - - - -
2 650 000 - - - - -
3 2 000 000 - - - - -
4 4 000 000 - - - - -
5 6 500 000 - - - - -
6 13 000 000 - - 1 1 1
7 40 000 000 1 1 2 2 2
8 130 000 000 2 2 3 3 3
9 No Limit 3 3 4 4 4

The intent of removing the registration requirement for qualified

persons is to move to a requirement for clients to determine and
specify the specific technical resource requirements on projects,
based on the scope of work, complexity and size of the project.
This Practice Note provides guidelines to clients to specify
eligibility requirements for registered professionals to undertake
the management of the construction works contract.

Practice Note #31 • February 2014 2

2. Construction Management
The South African Council for Project and Construction Management Professionals (SACPCMP) defines “Construction
Management” as1:

“The management of the physical construction process within the built environment and includes the
co-ordination, administration, and management of resources. The Construction Manager is the one
point of responsibility in this regard.”

Similarly, the Engineering Council of South Africa (ECSA) defines the “management of engineering works” as (amongst
others)2:

“The co-ordinated activities required to direct and control everything that is constructed or results from
construction or manufacturing operations.”

In terms of the relevant Acts, SACPCMP and ECSA register professional persons who are competent to undertake such
work – including construction management. The recognised professional persons that are competent to undertake
construction management are denoted as:

South African Council for Project and Construction Management Professionals (SACPCMP)
Professional Construction Manager Pr CM
Engineering Council of South Africa (ECSA)
Professional Engineer Pr Eng
Professional Engineering Technologist Pr Tech Eng
Professional Certificated Engineer Pr Cert Eng
Professional Engineering Technician Pr Techni Eng

Within the ECSA system, the level of complexity, or “characteristics of engineering practice” that can be undertaken
by the Professional Engineer, Engineering Technologist, Certificated Engineer or Engineering Technician is covered
in ECSA Regulations (see Annexure). The ECSA Code of Conduct also requires that registered professionals can only
undertake work for which they are competent to perform.

It is further noted that in terms of the draft regulations for the “Identification of Work” (IDoW), it is possible that the
single-point accountability for construction management may be restricted to registered professional persons.

1 SACPCMP (2006). Construction Manager: Identification of Work and Scope of Services for Construction Managers Registered in Terms of the
Project and Construction Management Professions Act No. 48 of 2000: Draft. South African Council for Project and Construction Management
Professionals, October 2006.
2 ECSA (2006). Identification of Engineering Work for Persons Registered in a Category Contemplated in Section 18(1) of the Engineering Pro-
fession Act, 2000, (Act No. 46 of 2000), Draft 2 (Version 3). Engineering Council of South African, August 2006.

3 Practice Note #31 • February 2014

 3. Specifying Requirements for
Construction Managers
It is recommended that clients specify eligibility requirements
for construction managers to be nominated at tender stage by
the contractor in tender documentation for construction works
contracts, and that such information must be submitted in the
returnable schedules. Where a nominated construction manager
is no longer accessible to undertake the necessary work after the
award of the tender, the contractor shall within a period of 10
working days (or as deemed reasonable by the client) replace the
nominated construction manager with a person with
equivalent competencies (subject to approval by the client).
Such approval must not be unreasonably withheld.

It is recommended that such requirements for construction

managers to be nominated should apply to contracts in tender
grades 7 to 9, for all classes of works.

Furthermore, clients should consider extending such requirements

for construction managers to be nominated to contracts in lower
tender grades where necessary and appropriate.

Model clauses and returnable schedules for inclusion in the

tender notice and tender data are given below and on the
following page.

H Expressions of Interest

H.2.1 Eligibility

H.2.1.1 Only those respondents who satisfy the following eligibility criteria are eligible to make submissions:

H.2.1.1.x Key personnel

In order to be considered for an appointment in terms of this expression of interest, the respondent must have the following
key personnel who will be the single-point accountability and responsibility for the management of the construction works
in its permanent employment at the close of tender. Alternatively, a signed undertaking from an organisation having the
required personnel, stating that they will undertake the necessary work on behalf of the respondent in terms of a sub-
consultant agreement, will be acceptable. Such undertaking must be attached to Schedule X, Part T2.2: Returnable Schedules.

Individuals must be identified for each of the key personnel listed below and on Schedule X.

A suitably qualified and experienced construction manager who will be the single-point accountability and responsibility for
the management of the construction works, and who is registered with SACPCMP or ECSA as Pr CM*, Pr Eng*, Pr Tech Eng*
or Pr Cert Eng*.

* Note: Delete which is not appropriate.

Practice Note #31 • February 2014 4

T1.1 Tender Notice and Invitation to Tender
Only tenderers who have access to a suitably qualified and experienced construction manager who will be
the single-point accountability and responsibility for the management of the construction works, and who is
registered with SACPCMP or ECSA as Pr CM*, Pr Eng*, Pr Tech Eng* or Pr Cert Eng* are eligible to tender.
* Note: Delete which is not appropriate.

T1.2 Tender Data

F.2 Tenderer’s obligations
F.2.1 Eligibility
F.2.1.1 Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders:

F.2.1.1.x Key personnel

In order to be considered for an appointment in terms of this tender, the tenderer must have the following key
personnel who will be the single-point accountability and responsibility for the management of the construction
works in its permanent employment at the close of tender. Alternatively, a signed undertaking from an
organisation having the required personnel, stating that they will undertake the necessary work on behalf of
the tenderer in terms of a sub-consultant agreement, will be acceptable. Such undertaking must be attached to
Schedule X, Part T2.2: Returnable Schedules.

Individuals must be identified for each of the key personnel listed below and on Schedule X.

Where the key personnel are no longer accessible to undertake the necessary work after the award of the
tender, the contractor shall within a period of 10* working days replace the key personnel listed in Schedule X
with a person with equivalent competencies and subject to approval by the employer. Such approval shall not
be unreasonably withheld.
* Note: Or as deemed reasonable by the client, but not exeeding 21 working days.

A suitably qualified and experienced construction manager who will be the single-point accountability and
responsibility for the management of the construction works, and who is registered with SACPCMP or ECSA as
Pr CM*, Pr Eng*, Pr Tech Eng* or Pr Cert Eng*.
* Note: Delete which is not appropriate.

Schedule X: Key Personnel

The tenderer is referred to clause F.2.1.1.x of the Tender Data and shall insert in the spaces provided below
details of the key personnel required to be in the employment of the tenderer or other organisation, in order
for the tenderer to be eligible to submit a tender for this project. Proof of professional registration must be
appended to this schedule, together with the Curriculum Vitae of each individual.

Registered Professional Construction Manager

Name
Employer
ECSA Registration Number
ECSA Registration Category
SACPCMP Registration Number
SACPCMP Registration Category
Number of years of experience

5 Practice Note #31 • February 2014

 4. Monitoring Requirements for
Construction Managers
The requirements (if any) of clients for registered professionals to
undertake the management of the construction works contract
that is specified in construction works contracts will be recorded
within the cidb Register of Projects. The cidb will monitor the
application of clients’ requirements for registered professionals,
which may lead to further changes to these guidelines, or even
to changes in the cidb Standard for Uniformity in Construction
Procurement.

Annexure: Characteristics of
Engineering Practice
The following provides the characteristics of work that can be
undertaken by the various ECSA registered professionals, with
specific reference to construction management.

1. Professional Engineer (Pr Eng)

The engineering work of a professional engineer is characterised

by:
a) The application of a significant range of fundamental
principles, enabling the development and application of new
technologies, the promotion of advanced designs and design
methods, the introduction of new and innovative production
techniques and construction concepts;
b) The pioneering of new engineering services and management
methods;
c) Advanced design, research and field engineering;
d) The management of high levels of risk associated
with engineering processes, systems, equipment, and
infrastructure; and
e) Activities that are essentially intellectual in nature, requiring
discretion and judgement.

Practice Note #31 • February 2014 6

2. Professional Engineering Technologist (Pr Tech Eng)

The engineering work of a professional engineering technologist is characterised by:

a) The application of current engineering technology;
b) The management and operation of technology based engineering solutions and processes;
c) The introduction of known engineering services and management methods;
d) The management of the implementation of broadly defined engineering projects and the routine maintenance of
engineering infrastructure; and
e) The management of moderate levels of risks associated with engineering processes, systems, equipment and
infrastructure.

3. Professional Certificated Engineer (Pr Cert Eng)

The engineering work of a professional certificated engineer is characterised by:

a) The application of current engineering technology;
b) The management and operation of technology based engineering solutions and processes;
c) The introduction of known engineering services and management methods;
d) The management of the implementation of broadly defined engineering projects and the routine maintenance of
engineering infrastructure; and
e) The management of moderate to high levels of risk associated with engineering processes, systems, equipment
and infrastructure;
f) In specific contexts relating to persons working in factories, mines and on ships as certificated persons appointed
in terms of the Occupational Health and Safety Act, 1993, the Mine Health and Safety Act, 1996 and the Merchant
Shipping Act, 1951.

4 Professional Engineering Technician (Pr Techni Eng)

The engineering work of a professional engineering technician is characterised by:

a) The application of established procedures, practices, standards and codes of practice in support of engineering
activities;
b) The management and operation of routine engineering operations and processes;
c) The implementation of standard engineering systems and solutions;
d) Management of the implementation of straightforward and simple engineering projects and the routine
maintenance of engineering infrastructure; and
e) The management of relatively low levels of risk associated with engineering processes, systems, equipment and
infrastructure.

7 Practice Note #31 • February 2014

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Practice Note #31 • February 2014