Qualification Procedures for the Construction Industry in Europe: General Overview, 2010

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1 Austria No No ficial (ANKO). Belgium Yes for public a) ; voluntary for private. Bulgaria Yes Private and public bodies, clients. Cyprus Yes, for both public and private works. Not existing. 1. The Treasury the Republic Cyprus. 2. The Contracting Authorities. the "Service Public Fédéral Economie, PME, Classes Moyennes et Energie" BCC through its body - Commission for the management, maintenance and usage the Central Pressional Register Builder. 1. The Council for Registration and Control Building and Civil Engineering Contractors (according to the relevant Contractors Law setting minimum requirements). 17 (complex projects that require coordination different types works). Nomenclature activities 63 (specialized activities when they are awarded by a separate contract, e.g. carpentry) groups. Companies, undertaking particular types construction and assembly works according to the National Classification Economic Activities (Code 45 Construction), shall also be registered in the Central Register Pressional Builders. NACE, CPV (as regards the Coordination Procedures for the Award Public Contracts Law, 2006, the existing Contractors Law being under revision). the certificate. 5 years (with a possible revision if the enterprise wants to upgrade). 1 year with obligatory renewal each year, or upgrading or modification category and/or group structures, and/or specific types Construction and Assembly work. 12 months. The Contractors Law provides for the time and terms upgrade. Contractors are registered in 8 classes, according to the size the project, and in categories, according to the type activities (there is a correspondence between the financial strength, the turnover, the references with regard to the size the contract and the number employees). Builders (Bulgarian and foreign natural and legal persons registered as traders under their domestic legislation, their branches, state and municipal undertakings which perform construction works in the Republic Bulgaria), carried out category 1 to 5 buildings under article137, para. 1 the Spatial Development Act or particular types construction and assembly works as indicated in the Construction Section the National Classification Economic Activities shall be subject to entry into the Central Pressional Register Builder. Contractors are registered in 2 categories according to the nature projects they are licensed to execute: Building Contractors; Civil Engineering Contractors. Page 1 9

2 the Nomenclature activities the certificate Cyprus (cont.) Czech Republic Yes. (All the contractors welcome the because the certificate issued replaces the duty to present a lot individual documents requested at the bidding stage a public procurement procedure.) Administrative authorities municipalities, towns, regions, public bodies in charge investments and other institutions (duty all authorities setting the public works). 2. The Treasury the Republic Cyprus & 3. The Contracting Authorities (having the right to request Criteria for qualitative selection, in addition to the above mentioned minimum requirements according to the Coordination Procedures for the Award Public Contracts Law, 2006). Association Building Entrepreneurs the Czech Republic. Ministry Industry and Trade (MPO ČR), Ministry Education (MŠMT ČR) and other relevant organisations: e.g. Czech Chamber Authorised Engineers, (ČKAIT), Chamber Commerce (HK ČR), representatives craftsmen, apprentice centres. The nomenclature is according to the NACE classification. The fully respects the EU Regulations Nr.3037/90 and 761/93. 1 year validity, with the possibility 1 year extension. (There are no limits for the extension but the validity is only 1 year.) Contractors are also registered in 5 classes according to the size (for building contractors) or the value projects (for the civil engineering contractors) they are licensed to execute. The requirements for qualification and classification construction enterprises applying for public procurement projects are available on the following website: The qualification body shall examine the applicant s conformity with the criteria and if the application is approved, the qualification body-accredited by the Czech National Accreditation Body CAI- shall immediately issue the qualification certificate. The qualification certificate indicates that a construction enterprise has been qualified according to the stated criteria and it is a justification for recording applicants to the Qualification Register Enterprises for Public Procurement. The Board for Qualification and/or Appeal Committee is the finam arbiter as concerns the records the qualification body and qualification certificate entered in the Qualification Register. The Board for Qualification consists the representatives drawn from regulated and non-regulated spheres, entrepreneurs and investors in the field Public Procurement. Page 2 9

3 the Nomenclature activities the certificate Denmark No No ficial. Finland No ficial. Construction client. France Yes Public and private. Germany No ficial for the "classical" sectors (works, supplies, services). However for the "utilities" sectors (water, energy, transport and postal services) some contracting authorities (e.g. "Deutsche Bahn AG") have introduced such a in some specific fields. No ficial. Qualibat, Qualifelec, FNTP. 7 (Qualibat), 6 (Qualifelec), 7 (FNTP). 46 (Qualibat), 17 (Qualifelec), 40 (FNTP). 216 (Qualibat), 243 (FNTP). 4 years with an annual or biannual the criteria (depending on the body). Possibility qualification according to the size (in Euro) project (4 categories). The rules that apply to the management the bodies are defined by the NF X standard. The qualification applicants is checked during the selection/award procedure. Page 3 9

4 Greece b) Ireland Yes (for public works). No mandatory qualification for Public Contracts. the Nomenclature activities the certificate No Ministry public works years (with a possible revision if the enterprise wants to upgrade). Contractors are registered in 8 classes according to criteria, giving them the right to participate in specific limits in respect the size projects: Class 1: up to EUR 65,000 (personal entity) Class 2: up to EUR 260,000 Class 3: up to EUR 650,000 Class 4: up to EUR 1.3 mio Class 4.1: up to EUR mio Class 5: up to EUR 3.25 mio Class 6: up to EUR 6.5 mio Class 7: up to EUR 19.5 mio Class 8: above EUR 39 mio. Yes Supply line A voluntary commercial is operated by a company know as Supply line. This company operates primarily in the area utilities. Otherwise all public procurement is operated in compliance with the Procurement Directives and in many instances the Restricted Procedure is used. A common Qualification and Short listing for individual projects has been agreed by the forum for the Construction Industry, established by the Minister for the Environment. It includes representatives from Client organisations (Public and Private), Pressions, Trade Unions, Health and Safety Authority along with Construction Companies. The agreed qualification and short listing is yet to be formally implemented by the Government Contracts Committee however; it is used by most Public Procuring Authorities albeit with some occasional modifications. The criteria detailed in subsequent sections related to the agreed Pre- Qualification procedure referred to above. Page 4 9

5 Italy Yes for every public contract with a value more than EUR 150,000. for private contracts with a value more than EUR 1 mio. financed more than 50% by public funds. Lithuania Netherlands for works in building complex construction. No ficial for the "classical" sectors (works, supplies, services). However for the "utilities" sectors (water, energy, transport and postal services) for works in buildings simple construction. No ficial. Legal and natural entities. the SOA (specifically authorised certification bodies established under private law, operating under the a public Authority.) Ministry Environment and Certification centre for building products. Nomenclature activities (According to forthcoming executive regulation on public procurement code.) the certificate 5 years (with obligatory revision every 3 years, or whenever the company wants to upgrade or modify its position). No No Yes 2 years for the first time qualification, 5 years for the extension the period validity (with a possible revision if the contractor wants to upgrade its level). SOA provides for work classes combined with amount for classes for the works the firms can carry out. According to forthcoming executive regulation on public procurement code: Introduction more selective requirements with which SOA have to comply; stricter and deeper effective respect these requirements by SOA from Supervisory Authority for public contracts; introduction 2 new classes for enterprises qualification, in order to favour the participation SMEs in works procurement a larger amount. The qualification applicants is checked during the selection/award procedure. Page 5 9

6 Netherlands (cont.) some contracting authorities (for example "Prorail") have introduced such a in some specific fields. Poland Yes Enterprises, which conduct all kinds services in the field direct realisation structures or construction works in all kinds construction activities, including design services. the Qualification Committee consisting National Association Building Employers and Foundation Construction s Managerial Education. Nomenclature activities the certificate The Certificate is issued for infinitive period time; once issued is reviewed periodically every 6 months and every year with respect to documentation sent (completed and corrected) by the mover. As a result this survey or at the proposal mover there can be a change firm s qualification and its position in Classification. An enterprise which received the Certificate qualification is subject to the following audit: Enterprises are divided into 6 classes, according to the size each project: less than PLN 5 mio less than PLN 13.5 mio less than PLN 25 mio less than PLN 50 mio less than PLN 80 mio more than PLN 80 mio. Enterprises are registered in 8 classes according to the size the project and in categories, due to the type activities (there is a link between financial strength, turnovers and references with the size the contract and the number employees). Page 6 9

7 the Nomenclature activities the certificate Poland (cont.) Portugal Decree Law 12/2004 9/1/2004 (mandatory for private and public works). Slovak Republic No ficial. No ficial. Public and private. INCI public institute depending from the Ministry Public Works, Transport and Housing ( 5 6 to 15 subcategories for each category (total=55) 7 General contractors twice a year in the scope documents concerning firm s legal status; once a year as concerns the documents relating to the firm's financial status; every 3 years for the documents concerning the firm s technical competence. The certificate is valid during 1 year and is subject to every year. Contractors are registered in 9 classes according to the amount the contract value. These values are updated every year. Spain Compulsory above EUR 350,000 for work contracts and EUR 120,000 for service contracts. only for Public Administration. Inter-ministerial Commission for Classification Works Contractors, appointed to the Ministry Economy and Finance Indefinite. Consequently, company has to prove each year its economic and financial solvability and every 3 years its technical capacity. Contractors are registered in 6 classes, according to the size the project, and in sub-categories, according to the type activities (there is a correspondence between the size executed works, financial strength, and the number technical employees and machinery). Page 7 9

8 the Nomenclature activities the certificate Sweden United Kingdom No ficial. A number voluntary s exist. The largest register pre-qualified construction contractors in UK is Construction line. Central government, local government, health sector, social housing sector, project managers, main contractors. Construction-line is owned by the central government Department Industry but is managed by a private sector company (Capita plc). Example from Road Administration: Firm Struct. + organisation, economical Technical (person+ material) proven experience, Quality s Clients registered with Construction line can search the database using a range criteria. Norway b) Norwegian Planning and Building Act Central approval contractors. Public and private clients. One central public approval body. 3 For central approval: 2 years. Local approval will follow the validity the local building permit (i.e. 3 years). The planning and building act represents a mandatory regulation. Applicants for building permits for a particular will be required to document the ability their intended main contractors, contractors, designers and inspectors to conduct work or services the complexity and magnitude the work in question. A central approval body may issue certificates documenting such ability in 1 or more categories services or construction activity. Approval will be based on the technical qualification the technical management and the adequacy companies organizational and s with respect fulfilling regulatory requirements for building works. Page 8 9

9 Norway (cont.) Switzerland No. In respect the revision the federal law for Public Procurement, the Canton Thurgau treats a pilot project concerning the and legal criteria for qualification. Canton for Geneva: Publication a "Charte d éthique". Federal level: public client. Cantonal level: AIMP (Accord Intercantonal sur les Marchés Publics). Pilot project Canton Thurgau: public procurement. the Pilot project Canton Thurgau: Administration the Canton Thurgau. Nomenclature activities the certificate Canton Geneva: 3 months; Canton Thurgau: 1 year. Hence the approval form a central approval body will be voluntary but would make it easier to receive local approval. The local approval will be mandatory. The replaces the approval or public authorization contractors. Pre-qualification is used by some public clients. The final report experiences the pilot project Canton Thurgau will be published at the end June (a) Unregistered contractors may bid provided that they fer the pro that they fulfil the criteria registration corresponding to the size and category the project. (b) Based on information dated FNTP: Fédération Nationale des Travaux Publics. NACE classification: Nomenclature economic activities. PME or SME: Small and medium enterprises. Source: FIEC, European Construction Industry Federation, 27 July 2010 ( Page 9 9