1、 Reference number ISO 10845-6:2011(E) ISO 2011INTERNATIONAL STANDARD ISO 10845-6 First edition 2011-01-15 Construction procurement Part 6: Participation of targeted partners in joint ventures in contracts Marchs de construction Partie 6: Participation des partenaires cibles en co-entreprise dans les
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6、her ISO at the address below or ISOs member body in the country of the requester. ISO copyright office Case postale 56 CH-1211 Geneva 20 Tel. + 41 22 749 01 11 Fax + 41 22 749 09 47 E-mail copyrightiso.org Web www.iso.org Published in Switzerland ii ISO 2011 All rights reservedISO 10845-6:2011(E) IS
7、O 2011 All rights reserved iiiContents Page Foreword iv Introduction.v 1 Scope1 2 Terms and definitions .1 3 Requirements.4 3.1 Contract participation goal.4 3.2 Achieving the contract participation goal.4 3.2.1 General .4 3.2.2 Verification of the status of targeted partners .4 3.2.3 Joint ventures
8、 4 3.3 Contract participation goal credits5 4 Compliance with requirements 5 4.1 General .5 4.2 Substitutions6 4.3 Bona fides of targeted partners .6 5 Records 6 5.1 Submission of documentation.6 5.2 Monthly submission of supporting documentation 7 5.3 Certification of credits 7 6 Sanctions .7 Annex
9、 A (informative) Commentary8 Annex B (informative) Preparation of targeting data associated with this part of ISO 10845 for inclusion in the scope of work.17 Annex C (normative) Contract participation goal implementation plan (targeting strategy A)20 Annex D (normative) Joint venture disclosure form
10、.22 Annex E (informative) Examples of how contractors can fulfil their contract participation goal obligations .30 Annex F (informative) Tendered contract participation goal (targeting strategy A)31 Annex G (informative) Sample tender evaluation schedule where use is made of this part of ISO 10845 .
11、33 Annex H (informative) Contract schedule for targeted enterprises.35 Annex I (informative) Third-party management support.38 Bibliography42 ISO 10845-6:2011(E) iv ISO 2011 All rights reservedForeword ISO (the International Organization for Standardization) is a worldwide federation of national sta
12、ndards bodies (ISO member bodies). The work of preparing International Standards is normally carried out through ISO technical committees. Each member body interested in a subject for which a technical committee has been established has the right to be represented on that committee. International or
13、ganizations, governmental and non-governmental, in liaison with ISO, also take part in the work. ISO collaborates closely with the International Electrotechnical Commission (IEC) on all matters of electrotechnical standardization. International Standards are drafted in accordance with the rules give
14、n in the ISO/IEC Directives, Part 2. The main task of technical committees is to prepare International Standards. Draft International Standards adopted by the technical committees are circulated to the member bodies for voting. Publication as an International Standard requires approval by at least 7
15、5 % of the member bodies casting a vote. Attention is drawn to the possibility that some of the elements of this document may be the subject of patent rights. ISO shall not be held responsible for identifying any or all such patent rights. ISO 10845-6 was prepared by Technical Committee ISO/TC 59, B
16、uildings and civil engineering works. ISO 10845 consists of the following parts, under the general title Construction procurement: Part 1: Processes, methods and procedures Part 2: Formatting and compilation of procurement documentation Part 3: Standard conditions of tender Part 4: Standard conditio
17、ns for the calling for expressions of interest Part 5: Participation of targeted enterprises in contracts Part 6: Participation of targeted partners in joint ventures in contracts Part 7: Participation of local enterprises and labour in contracts Part 8: Participation of targeted labour in contracts
18、 ISO 10845-6:2011(E) ISO 2011 All rights reserved vIntroduction Procurement is the process which creates, manages and fulfils contracts. Procurement can, as such, be described as a succession of logically related actions occurring or performed in a definite manner and which culminate in the completi
19、on of a major deliverable or the attainment of a milestone. Processes, in turn, are underpinned by methods (i.e. a documented, systematically ordered collection of rules or approaches) and procedures (i.e. the formal steps to be taken in the performance of a specific task), which are informed and sh
20、aped by the policy of an organization. Methods and procedures can likewise be documented and linked to processes. It is becoming increasingly important to consider procurement-related deliverables other than those relating to the primary purpose of the procurement itself, particularly those relating
21、 to poverty reduction, job creation, local economic development and local industry development. Key performance indicators relating to the engagement of enterprises, joint venture partners, local resources and local labour in contracts are needed to set targets in contracts or to measure procurement
22、 outcomes. Processes, procedures and methods are required to quantify, measure and verify a contractors performance in relation to such indicators in an auditable manner. INTERNATIONAL STANDARD ISO 10845-6:2011(E) ISO 2011 All rights reserved 1Construction procurement Part 6: Participation of target
23、ed partners in joint ventures in contracts 1 Scope This part of ISO 10845 establishes a key performance indicator, in the form of a contract participation goal, relating to the engagement of targeted partners in a joint venture on a contract for the provision of goods, services or engineering and co
24、nstruction works. A contract participation goal may be used to measure the outcomes of a contract in relation to the engagement of targeted partners in a joint venture or to establish a target level of performance for the contractor to achieve or exceed in the performance of a contract. This part of
25、 ISO 10845 sets out the methods by which the key performance indicator can be measured, quantified and verified in the performance of the contract in respect of two different targeting strategies: targeting strategy A and targeting strategy B (defined below). NOTE Annex A contains commentary on the
26、clauses in this part of ISO 10845. Annex B provides guidance on how to develop the targeting data for a procurement document using this part of ISO 10845. 2 Terms and definitions For the purposes of this document, the following terms and definitions apply. 2.1 allowance amount provided for in the co
27、ntract by the employer relating to one or more of the following: a) the performance by the contractor of work or services that are foreseen but cannot be accurately specified at the time the contract is entered into; b) work or services to be performed, or goods provided, by a subcontractor who is e
28、ither nominated by the employer or selected by the employer in consultation with the contractor after the award of the contract; c) provision for price adjustment for inflation; or d) other budgetary provisions intended to cover employer risks 2.2 commercially useful function performance of real and
29、 actual work, or the provision of services, in the discharge of any contractual obligation which includes, but is not limited to, the performance of a distinct element of work which the enterprise has the skills and expertise to undertake and the responsibility for management and supervision ISO 108
30、45-6:2011(E) 2 ISO 2011 All rights reserved2.3 contract amount financial value of the contract a) at the time of the award of the contract, exclusive of all allowances and any value added tax or sales tax which the law requires the employer to pay to the contractor (targeting strategy A); or b) upon
31、 completion of all contractual obligations, exclusive of any value added tax or sales tax which the law requires the employer to pay to the contractor (targeting strategy B) 2.4 contract participation goal CPG amount equal to the sum of the participation parameters in respect of each targeted partne
32、r multiplied by the contract amount of the contract, expressed as a percentage of the contract amount, associated with the targeting strategy that is identified in the targeting data 2.5 contractor person or organization that contracts to provide the goods, services or engineering and construction w
33、orks covered by the contract ISO 10845-1:2010, definition 3.12 2.6 control possession and exercise of legal authority and power to manage the assets, goodwill and daily operations of an enterprise, and the active and continuous exercise of appropriate managerial and financial authority and power in
34、determining the policies and directing the operations of the said enterprise 2.7 employer person or organization intending to or entering into the contract with the contractor for the provision of goods, services, or engineering and construction works ISO 10845-1:2010, definition 3.17 2.8 employers
35、representative person authorized to represent the employer and named as such in the contract data or targeting data 2.9 joint venture association or consortium of enterprises in which expertise, property, capital, efforts, resources, skills and knowledge are combined in order to perform the contract
36、 or a portion thereof 2.10 main contractor contractor who subcontracts part of his contract ISO 6707-2:1993, definition 3.8.13 2.11 ownership legal right of possession, including the right of disposition, and sharing in all the risks and profits commensurate with the degree of ownership interest or
37、shareholding, as demonstrated by an examination of the substance, rather than the form, of ownership arrangements ISO 10845-6:2011(E) ISO 2011 All rights reserved 32.12 participation parameter fraction of the contract which may be used to represent the value of the contribution and the value of the
38、commercially useful function performed by the targeted partners 2.13 targeted partner person or organization engaged in the performance of the contract at main contract level as a joint venture partner and defined as the target group in the targeting data 2.14 targeted partner declaration affidavit
39、affidavit, of the format provided for in the procurement documents, which confirms the bona fides of a targeted partner 2.15 targeting data data, provisions and variations applicable to a particular contract NOTE See A.2.15 and Annex B. 2.16 targeting strategy an approach which is pursued to make a
40、contract participation goal an obligation of contract 2.16.1 targeting strategy A targeting strategy which a) involves the granting of tender evaluation points by the employer in the evaluation of tender offers in return for the tendering of a contract participation goal or an undertaking to attain
41、a specified contract participation goal at the time that tenders are evaluated, or b) requires a contractor to achieve a minimum specified goal in the performance of a contract, or c) involves both (a) and (b) 2.16.2 targeting strategy B targeting strategy which a) involves the payment of a financia
42、l incentive to a contractor for the attainment of a specified contract participation goal, or b) requires the contractor to record and report on the quantum of work generated for targeted labour NOTE Targeting strategy A bases the contract participation goal on the tendered amount minus allowances,
43、i.e. on the expenditure which the contractor can commit to at tender stage. This strategy allows the employer to adjust the contract participation goal to take account of any failure to achieve such goal in the performance of the contract due to factors which are beyond the contractors control or ar
44、e unforeseen at tender stage. Targeting strategy B measures the contract participation goal based on the final contract value. Targeting strategy A accordingly measures the performance of contractors in the engagement of targeted labour in relation to that which can be committed to at tender stage,
45、whereas targeting strategy B does so in relation to that which is finally achieved. ISO 10845-6:2011(E) 4 ISO 2011 All rights reserved3 Requirements 3.1 Contract participation goal The contractor shall enter into a joint venture agreement at a main contract level with one or more targeted partners i
46、n the performance of the contract to the extent that the total monetary value of such engagements, exclusive of any value added tax or sales tax required by law, is sufficient to achieve the contract participation goal for the targeting strategy specified in the targeting data. The contractor shall,
47、 in the case of targeting strategy A, submit details of his plan to achieve the contract participation goal, on the contract participation goal implementation plan form contained in Annex C, and details of the joint venture on the joint venture disclosure form contained in Annex D within five workin
48、g days of being instructed to do so. If no instructions are given, these plans shall be submitted five working days before the submission of the first claim for payment. NOTE The information contained in the contract participation goal implementation plan facilitates, in the first instance, the moni
49、toring of the performance of the contractor in terms of his contract participation goal obligations and, in the second instance, the making of any adjustments to compensate for quantitative underruns, the elimination of items, etc. (see Clause 6). 3.2 Achieving the contract participation goal 3.2.1 General A contractor shall achieve the contract participation goal by entering into a joint venture agreement with one or more targeted partners as set out in 3.2.3. 3.2.2 Verification of the status of targeted partners Contract
