ISO/DIS 10845-4

Construction procurement

Marchés de construction

Standards Content (sample)

DRAFT INTERNATIONAL STANDARD
ISO/DIS 10845-4
ISO/TC 59/SC 18 Secretariat: SABS
Voting begins on: Voting terminates on:
2020-09-29 2020-12-22
Construction procurement —
Part 4:
Standard conditions for the calling for expressions of
interest
Marchés de construction —
Partie 4: Conditions-types normalisées pour appel aux parties intéressées
ICS: 91.010.20
THIS DOCUMENT IS A DRAFT CIRCULATED
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NATIONAL REGULATIONS.
ISO/DIS 10845-4:2020(E)
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PROVIDE SUPPORTING DOCUMENTATION. ISO 2020
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ISO/DIS 10845-4:2020(E)
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ii © ISO 2020 – All rights reserved
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ISO/DIS 10845-4:2020(E)
Contents Page

Foreword ........................................................................................................................................................................................................................................iv

Introduction ..................................................................................................................................................................................................................................v

1 Scope ................................................................................................................................................................................................................................. 1

2 Normative references ...................................................................................................................................................................................... 1

3 Terms and definitions ..................................................................................................................................................................................... 1

4 General requirements ..................................................................................................................................................................................... 3

4.1 Actions ............................................................................................................................................................................................................ 3

4.2 Supporting documents ..................................................................................................................................................................... 3

4.3 Interpretation .......................................................................................................................................................................................... 3

4.4 Communication and employer's agent ............................................................................................................................... 3

5 Respondent's obligations ............................................................................................................................................................................ 4

5.1 Eligibility ...................................................................................................................................................................................................... 4

5.2 Cost of submissions ............................................................................................................................................................................ 4

5.3 Checking documents .......................................................................................................................................................................... 4

5.4 Acknowledging addenda ................................................................................................................................................................ 4

5.5 Clarification meetings ....................................................................................................................................................................... 4

5.6 Seeking clarification ........................................................................................................................................................................... 4

5.7 Making a submission ......................................................................................................................................................................... 4

5.8 Information and data to be completed ............................................................................................................................... 4

5.9 Closing time ............................................................................................................................................................................................... 5

5.10 Clarification of submission ........................................................................................................................................................... 5

6 Employer's undertakings ............................................................................................................................................................................ 5

6.1 Responding to clarification .......................................................................................................................................................... 5

6.2 Issuing addenda ..................................................................................................................................................................................... 5

6.3 Late submissions ................................................................................................................................................................................... 5

6.4 Opening of submissions .................................................................................................................................................................. 5

6.5 Non-disclosure ........................................................................................................................................................................................ 5

6.6 Grounds for rejection and disqualification ..................................................................................................................... 5

6.7 Test for responsiveness ................................................................................................................................................................... 6

6.8 Non-responsive submissions ...................................................................................................................................................... 6

6.9 Evaluation of responsive submissions ................................................................................................................................ 6

6.10 Providing written reasons for actions taken ................................................................................................................. 6

Annex A (informative) Commentary ..................................................................................................................................................................... 7

Annex B (informative) Submission data ........................................................................................................................................................15

Annex C (informative) Evaluating expressions of interest ..........................................................................................................19

Annex D (informative) Evaluation reports ..................................................................................................................................................21

Bibliography .............................................................................................................................................................................................................................23

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ISO/DIS 10845-4:2020(E)
Foreword

ISO (the International Organization for Standardization) 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 right 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.

International 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 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 10845-4 was prepared by Technical Committee ISO/TC 59, Buildings and civil engineering works,

Subcommitee SC18, Construction Procurement.
A list of all parts in the ISO 10845 series can be found on the ISO website
This second edition cancels and replaces the first edition (ISO 10845-4:2011)
The main changes to the previous edition are:

— definitions and parts of the text have been updated and aligned with other parts of ISO 10845 to

ensure consistency in concepts and terms;
— an informative annex on the formulation of evaluation reports has been added
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ISO/DIS 10845-4:2020(E)
Introduction

Procurement is the process which creates, manages and fulfils contracts. There are accordingly three

phases to the procurement process associated with the delivery and maintenance of construction

works, namely:

• a planning phase during which decisions are made as to what, where and when goods and services

are required, how the market is to be approached and what is the number, type, nature and timing

of the required contracts;

• an acquisition phase during which contracts are entered into following the execution of a selection

procedure; and

• a contract management (or contract administration) phase during which compliance with

requirements, changes in requirements and risk events which manifest during the execution of

contracts are managed.

Expressions of interest form part of the acquisition phase and are used to request potential tenderers

to register their interest in undertaking a specific contract or to participate in a project or programme

and to submit their credentials so that they can be invited to submit a tender offer should they qualify

or be selected to do so. Conditions for the calling for expressions of interest are required to establish

procedures from the time that expressions of interest are called for to the time that respondents are

invited to submit tender offers or are admitted to a database. Such conditions document the procedures,

the manner in which those engaged in these processes are to behave, the obligations of the respondent,

and the undertakings of the employer.

This document is one of a series of International Standards entitled “Construction procurement” which

cover various aspects of procurement within the construction industry. Each part of the series relates

to a different aspect of procurement. The objective of this series of standards is to provide a generic

and standard set of processes, procedures and methods for a procurement system that is fair, equitable,

transparent, competitive and cost-effective and which can be used to promote objectives additional to

those associated with the immediate objective of the procurement itself.
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DRAFT INTERNATIONAL STANDARD ISO/DIS 10845-4:2020(E)
Construction procurement —
Part 4:
Standard conditions for the calling for expressions of
interest
1 Scope

This document sets out standard conditions for the calling for expressions of interest which

a) bind the employer and respondent to behave in a particular manner,
b) establish what is required for a respondent to submit a compliant submission,
c) make known to respondents the evaluation criteria, and

d) establish the manner in which the employer conducts the process of calling for expressions of

interest.

This document is intended for use in procurements relating to goods, services and construction works

and certain disposals other than by auction.

NOTE 1 Annex A contains commentary on the clauses in this part of ISO 10845. Annex B provides guidance on

how to develop the submission data for a call for expressions of interest using this part of ISO 10845. Annexes C

and D offers guidance on the evaluation of expressions of interest and the structuring of evaluation reports,

respectively.

NOTE 2 ISO 10845-2 establishes the manner in which calls for expressions of interest should be formatted and

compiled. The standard conditions contained in this part of ISO 10845 can, by reference, be readily incorporated

in procurement documents formatted and compiled in accordance with the provisions of ISO 10845-2.

2 Normative references
There are no normative references in this document.
3 Terms and definitions
For the purposes of this document, the following terms and definitions apply.
3.1
conflict of interest

situation where business, financial, family, political or personal interests could interfere with the

judgment of persons in carrying out their duties for the organisation
[SOURCE: ISO 37001:2016, definition 3.29]
3.2
corrupt practice

offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his

staff or agents in the tender process
Note 1 to entry: Adapted from ISO 10845-1:2010, definition 3.13.
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ISO/DIS 10845-4:2020(E)
3.3
eligibility criteria

criteria framed around the ability of a respondent to provide the required goods, services and

construction works or disposals, or any combination thereof, which need to be satisfied in order for a

submission to be evaluated
3.4
employer

person or organization intending to or entering into the contract with the contractor for the provision

of goods, services, or construction works
[SOURCE: ISO 10845-1:2010, definition 3.17]
3.5
expression of interest

request for respondents to register their interest in undertaking a specific contract or to participate

in a project or programme and to submit their credentials so they may, in terms of the organization's

procurement procedures, be invited to submit a tender offer should they qualify or be selected to do so

[SOURCE: ISO 10845-1:2010, definition 3.18]
3.6
fraudulent practice

misrepresentation of the facts in order to influence the tender process, or the award of a contract

arising from a tender offer to the detriment of the employer, including collusive practices intended to

establish prices at artificial levels
Note 1 to entry: Adapted from ISO 10845-1:2010, definition 3.20.
3.7
organization

person or group of people that has its own functions with responsibilities, authorities and relationships

to achieve its objectives
[SOURCE: ISO 37001:2016, definition 3.2]

Note 1 to entry: The concept of organization includes, but is not limited to sole-trader, company, corporation, firm,

enterprise, authority, partnership, charity or institution, or part or combination thereof, whether incorporated

or not, public or private.

Note 2 to entry: For organizations with more than one operating unit, one or more of the operating units can be

defined as an organization
[SOURCE: ISO 10845-1:2010, definition 3.23]
3.8
quality

totality of features and characteristics of a product or service that bears on the ability of the product or

service to satisfy stated or implied needs
[SOURCE: ISO 10845-1:2010, definition 3.35]
3.9
respondent

person or organization that submits an expression of interest in response to an invitation to do so

[SOURCE: ISO 10845-1:2010, definition 3.36]
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ISO/DIS 10845-4:2020(E)
3.10
submission data

document that establishes the respondent's obligations in responding to a call for an expression of

interest and the employer's undertakings in administering the process of calling for and receiving

expressions of interest
[SOURCE: ISO 10845-1:2010, definition 3.39]
4 General requirements
4.1 Actions

The employer and each respondent submitting an expression of interest shall comply with the standard

conditions for calling for an expression of interest in this part of ISO 10845. In their dealings with each

other, they shall discharge their duties and obligations, as set out in Clauses 5 and 6, in a timely manner

and with integrity, behave equitably, honestly and transparently, comply with all legal obligations and

not engage in anti-competitive practices.

The employer and the respondent and all their agents and employees involved in the submission process

shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such

conflict of interest, indicating the nature of such conflict. Respondents shall declare any potential

conflict of interest in their submissions. Employees, agents and advisors of the employer shall declare

any conflict of interest to whoever is responsible for overseeing the procurement process at the start of

any deliberations relating to the procurement process or as soon as they become aware of such conflict,

and abstain from any decisions where such conflict exists or recuse themselves from the procurement

process, as appropriate.

The respondent shall not make a submission without having a firm intention and the capacity to

proceed with the next stage of the procurement process.

NOTE 1 A conflict of interest can exist even if there are no improper acts as a result of it. This can arise due

to a conflict of roles which might provide an incentive for improper acts in some circumstances or positions. A

conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that

person to act properly in said circumstance or position.

NOTE 2 Conflicts of interest with respect to those engaged in the procurement process include direct, indirect

or family interests in the tender or outcome of the procurement process and any personal bias, inclination,

obligation, allegiance or loyalty which can in any way affect any decisions taken.

4.2 Supporting documents

The documents issued by the employer for the purpose of obtaining expressions of interest are listed in

the submission data.
4.3 Interpretation

The submission data and additional requirements contained in the submission schedules that are

included in the returnable documents are deemed to be part of the conditions for the calling for

expressions of interest.
4.4 Communication and employer's agent

Each communication between the employer and a respondent shall be to or from the employer's agent only,

and in a form that can be readily read, copied and recorded, and in the language stated in the submission

data. The employer shall not take any responsibility for non-receipt of communications from or by a

respondent. The name and contact details of the employer's agent are stated in the submission data.

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ISO/DIS 10845-4:2020(E)
5 Respondent's obligations
Respondents shall comply with the following obligations.
5.1 Eligibility

Submit an expression of interest only if the respondent satisfies the eligibility criteria stated in the

submission data and if the respondent or any of the respondent's principals is not under any restriction

to do business with the employer.
5.2 Cost of submissions

Accept that the employer does not compensate respondents for any costs incurred in the preparation

and delivery of a submission.
5.3 Checking documents

Check the submission documents on receipt and notify the employer of any discrepancy or omission.

5.4 Acknowledging addenda

Acknowledge receipt of addenda to the submission documents, which the employer may issue, and, if

necessary, apply for an extension to the closing time stated in the submission data, in order to take the

addenda into account.
5.5 Clarification meetings

Attend, where required, clarification meetings, the details of which are stated in the submission data,

at which respondents may familiarize themselves with the proposed work, services or supply (and

location, etc.) and raise questions.
5.6 Seeking clarification

Request clarification of the submission documents, if necessary, by notifying the employer at least five

working days before the closing time stated in the submission data.
5.7 Making a submission

Return all returnable documents and the number of copies of such documents stated in the submission

data to the employer after completing them in their entirety, either electronically (if they were issued in

electronic format) or by writing legibly in non-erasable ink.

Seal the original and each copy of the submission as separate packages, marking the packages

as “ORIGINAL” and “COPY”. Each package shall state, on the outside, the employer's address and

identification details stated in the submission data, as well as the respondent's name and contact

address.

Accept that the employer does not assume any responsibility for the misplacement or premature

opening of the submission if the outer package is not sealed and marked as stated.

5.8 Information and data to be completed

Accept that submissions which do not provide all the data or information requested, completely and in

the form required, may be regarded by the employer as being non-responsive.
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ISO/DIS 10845-4:2020(E)
5.9 Closing time

Ensure that the employer receives the submissions at the address specified in the submission data

not later than the closing time stated in the submission data. Proof of posting shall not be accepted as

proof of delivery. The employer shall not accept submissions submitted by telegraph, telex, facsimile or

e-mail, unless otherwise stated in the submission data.

Accept that, if the employer extends the closing time stated in the submission data for any reason, the

requirements of the conditions for expressions of interest apply equally to the extended deadline.

5.10 Clarification of submission

Provide clarification of a submission in response to a request to do so from the employer during the

evaluation of submissions.
6 Employer's undertakings
The employer shall carry out the following undertakings.
6.1 Responding to clarification

Respond to a request for clarification received up to five working days before the submission closing

time stated in the submission data and notify all respondents who attended the clarification meetings,

if any, of those responses.
6.2 Issuing addenda

If necessary, issue addenda that may amend or amplify the submission documents to each respondent

during the period from the date of the calling for expressions of interest until three days before the

closing time for submissions stated in the submission data. If, as a result of the issuing of addenda, it is

necessary to extend the closing time stated in the submission data, grant such extension and notify all

respondents accordingly.
6.3 Late submissions

Unless otherwise stated in the submission data, return submissions received after the closing time

stated in the submission data unopened, unless it is necessary to open a submission to obtain a

forwarding address, to the respondent concerned.
6.4 Opening of submissions

Record the name of each respondent whose submission is opened and acknowledge receipt of each

submission.

Make available the names of the respondents that made submissions before the closing time for

submissions to all interested persons upon request.
6.5 Non-disclosure

Do not disclose to respondents, or to any other person not officially concerned with such processes,

information relating to the evaluation and comparison of submissions until after the evaluation process

is complete.
6.6 Grounds for rejection and disqualification

Determine whether there has been any effort by a respondent to influence the process and instantly

disqualify a respondent if it is established that he engaged in corrupt or fraudulent practices.

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ISO/DIS 10845-4:2020(E)
6.7 Test for responsiveness

Determine, upon opening and before detailed evaluation, whether each submission received

a) complies with the requirements of the conditions for the calling for expressions of interest,

b) has all the substantive provisions properly and fully completed and signed, and

c) is responsive to the other requirements of the call for expressions of interest.

6.8 Non-responsive submissions
Reject all non-responsive submissions.
6.9 Evaluation of responsive submissions

Appoint an evaluation panel of not less than three persons to evaluate submissions using the evaluation

criteria established in the submission data.

Notify the respondents of the outcome of the evaluation process within two weeks of the evaluation

report being accepted by the employer.
6.10 Providing written reasons for actions taken

Provide, upon request, written reasons to respondents for any action that is taken in applying these

conditions, but withhold information which
a) is not in the public interest to be divulged,

b) is considered to prejudice the legitimate commercial interests of respondents, or

c) might prejudice fair competition between respondents.
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ISO/DIS 10845-4:2020(E)
Annex A
(informative)
Commentary

NOTE 1 This annex includes background information on this part of ISO 10845, guidance on its use and

suggestions on good practice. The paragraphs in the commentary refer directly to the respective clauses in this

part of ISO 10845, e.g. paragraph A.1 refers to Clause 1.

NOTE 2 Calls for expressions of interest are associated with the use of the nominated and qualified selection

methods as described in ISO 10845-1 in order to admit respondents to an electronic database or shortlist or

pre-qualify tenderers (or both) so that they can be invited to submit tender offers in respect of a particular

procurement, respectively.

NOTE 3 Calls for expressions of interest, when used to pre-qualify or shortlist tenderers, provide the market

with an advance warning of a tendering opportunity and reduce unnecessary abortive costs in processing and

preparing tenders offers. They can also be used to:

a) give the employer time to finalize the procurement documents and eliminate the need for

advertising tenders as only those tenderers who are shortlisted are invited to submit tender offers,

b) ensure that tenders are only invited from tenderers who potentially have the necessary capabilities

and capacities to perform the contract,

c) ensure that a limited number of respondents are invited to submit tender offers (usually not less

than three), where the evaluation of tender submissions is resource intensive or to make the

procurement more attractive to potential tenderers due to the demands made on tenderers during

the tender process in preparing a submission, or

d) allow capability and capacity to deliver the required goods, services and construction works to be

evaluated in two stages or to be omitted in the evaluation of tender offers.
A.1 Commentary on scope

The purpose of this part of ISO 10845 is to standardize the procurement processes, methods and

procedures where calls for expressions of interest are made to invite respondents to

a) apply for admission to an elect
...