ISO 10845-7-2011 Construction procurement - Part 7 Participation of local enterprises and labour in contracts《建筑采购 第7部分 合同中当地企业和劳工参股》.pdf

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1、 Reference number ISO 10845-7:2011(E) ISO 2011INTERNATIONAL STANDARD ISO 10845-7 First edition 2011-01-15 Construction procurement Part 7: Participation of local enterprises and labour in contracts Marchs de construction Partie 7: Participation des entreprises et de la main doeuvre locales dans les

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6、er 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 10845-7:2011(E) ISO

7、 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 (CPG) .4 3.2 Achieving the contract participation goal (CPG) .4 3.3 Contract participation goal (CPG) credits.5 4 Compliance with requirements 6

8、4.1 General .6 4.2 Substitutions7 4.3 Bona fides of targeted enterprises7 5 Records 8 5.1 Submission of documentation.8 5.2 Monthly submission of supporting documentation 8 5.3 Certification of credits 8 5.4 Actions required upon completion of a targeted enterprises contract with the contractor.8 6

9、Sanctions .9 Annex A (informative) Commentary10 Annex B (informative) Preparation of targeting data associated with this part of ISO 10845 for inclusion in the scope of work.19 Annex C (normative) Contract participation goal implementation plan (targeting strategy A)21 Annex D (normative) Letter of

10、undertaking from a targeted enterprise to act as a subcontractor, supplier, manufacturer or service provider27 Annex E (informative) Examples of how contractors can fulfil their contract participation goal (CPG) obligations 28 Annex F (informative) Tendered contract participation goal (targeting str

11、ategy A)30 Annex G (informative) Sample tender evaluation schedule where use is made of this part of ISO 10845 .33 Annex H (informative) Contract schedules for targeted enterprises.35 Bibliography39 ISO 10845-7:2011(E) iv ISO 2011 All rights reservedForeword ISO (the International Organization for S

12、tandardization) is a worldwide federation of national standards 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 ri

13、ght to be represented on that committee. International organizations, 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. Internationa

14、l Standards are drafted in accordance with the rules given 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

15、an International Standard requires approval by at least 75 % 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

16、 10845-7 was prepared by Technical Committee ISO/TC 59, Buildings 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

17、: Standard conditions of tender Part 4: Standard conditions 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 contra

18、cts Part 8: Participation of targeted labour in contracts ISO 10845-7:2011(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

19、 in a definite manner and which culminate in the completion 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 p

20、erformance of a specific task), which are informed and shaped 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 purpo

21、se of the procurement itself, particularly those relating 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 nee

22、ded to set targets in contracts or to measure procurement 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 10845-7:2011(E) ISO 2011 All rights reserved

23、1Construction procurement Part 7: Participation of local enterprises and labour in contracts 1 Scope This part of ISO 10845 establishes a key performance indicator in the form of a contract participation goal (CPG) relating to the engagement of local enterprises and labour on a contract for the prov

24、ision of services or engineering and construction works. A CPG may be used to measure the outcomes of a contract in relation to the engagement of local enterprises and labour or to establish a target level of performance for the contractor to achieve or exceed in the performance of a contract. This

25、part of ISO 10845 sets out the methods by which the key performance indicator is measured, quantified and verified in the performance of the contract in respect of two different targeting strategies: targeting strategy A and targeting strategy B. NOTE Annex A contains commentary on the clauses in th

26、is 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 contract by the

27、 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 that the contract was entered into; b) work or services to be performed, or goods provided, by a subcontractor who is either n

28、ominated by the employer or is 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 ISO 10845-5:2011, definition 2.1 2.2 commercially useful fun

29、ction performance of real and 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 manag

30、ement and supervision ISO 10845-5:2011, definition 2.2 ISO 10845-7:2011(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 employ

31、er to pay to the contractor (targeting strategy A); or b) upon 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) ISO 10845-5:2011, definition 2.3 2.4 contract participation goal

32、 CPG amount equal to the sum of a) the wages and allowances for which the contractor contracts to engage targeted labour; and b) the value of goods, services and works for which the contractor contracts targeted enterprises in the performance of the contract; exclusive of any value added tax or sale

33、s tax required by law, expressed as a percentage of the contract amount associated with the targeting strategy that is identified in the targeting data NOTE Adapted from ISO 10845-5:2011, definition 2.4. 2.5 contractor person or organization that contracts to provide the goods, services or engineeri

34、ng and construction works covered by the contract ISO 10845-1:2010, definition 3.12 2.6 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 2.7 emp

35、loyers representative person authorized to represent the employer and named as such in the contract data or targeting data ISO 10845-5:2011, definition 2.8 2.8 main contractor contractor who subcontracts part of his contract ISO 6707-2:1993, definition 3.8.13 2.9 target area geographic area defined

36、in the targeting data ISO 10845-7:2011(E) ISO 2011 All rights reserved 32.10 targeted enterprise sole trader, partnership or legal entity which is a) a business within the target area, b) engaged in the performance of the contract, and c) defined as the target group in the targeting data NOTE Adapte

37、d from ISO 10845-5:2011, definition 2.15. 2.11 targeted labour individuals who a) are employed by the contractor in the performance of the contract, b) are defined as the target group in the targeting data, and c) permanently reside in the target area or who are recognized as being residents of the

38、target area on the basis of identification and association with and recognition by the residents of the target area 2.12 targeted manufacturer targeted enterprise that operates or maintains a factory or establishment that produces on its premises materials or goods required by the contractor for the

39、 performance of the contract 2.13 targeted supplier targeted enterprise that a) owns, operates or maintains a store, warehouse or other establishment in which goods are bought, kept in stock and regularly sold to wholesalers, retailers or the public in the usual course of business, and b) engages, a

40、s its principal business and in its own name, in the purchase and sale of goods 2.14 targeting data data, provisions and variations applicable to a particular contract ISO 10845-5:2011, definition 2.18 NOTE See A.2.3 and Annex B. 2.15 targeting strategy an approach which is pursued to make a contrac

41、t participation goal an obligation of contract ISO 10845-5:2011, definition 2.19 2.15.1 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 o

42、r an undertaking to attain a specified contract participation goal at the time that tenders are evaluated, or ISO 10845-7:2011(E) 4 ISO 2011 All rights reservedb) requires a contractor to achieve a minimum specified goal in the performance of a contract, or c) involves both (a) and (b) ISO 10845-5:2

43、011, definition 2.19.1 2.15.2 targeting strategy B targeting strategy which a) involves the payment of a financial 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

44、 labour NOTE Targeting strategy A bases the contract participation goal on the tendered amount minus allowances, 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 a

45、chieve such goal in the performance of the contract due to factors which are beyond the contractors control or are 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

46、 contractors in the engagement of targeted labour in relation to that which can be committed to at tender stage, whereas targeting strategy B does so in relation to that which is finally achieved. ISO 10845-5:2011, definition 2.19.2 2.16 weighting number which, depending on its value, is used to int

47、roduce a bias in favour of or against a specific target group in the calculation of contract participation goal credits 3 Requirements 3.1 Contract participation goal (CPG) The contractor shall engage targeted labour and targeted enterprises directly in the performance of the contract to the extent

48、that the total monetary value of such engagements, exclusive of any value added tax or sales tax required by law, is not less than the contract participation goal (CPG) for the targeting strategy specified in the targeting data. The contractor shall, in the case of targeting strategy A, submit detai

49、ls of a plan to achieve the contract participation goal on the contract participation goal implementation plan form contained in Annex C, within five working days of being instructed to do so. If no such instructions are given, these plans shall be submitted 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 monitoring of the performance of the contractor in terms of the contrac