PROPOSED REGISTRATION OF CONTRACTORS REGULATIONS

The Zambian Construction Industry (ZCI) is a key contributor to the National GDP. The Government has over the years injected significant investments towards infrastructure development to bridge the infrastructure Gap and to meet the Middle-income status by 2030. Investment in this sector has varied from Schools, Hospitals, Roads, Power plants and communication facilities just to mention a few. Increased public and private sector investment in the ZCI has inevitably attracted the participation of both local and foreign contractors. However, contractors have got different attributes including capacity, experience, qualification, ownership, and nationality among others. Overtime, procuring entities and industry stakeholders have engaged the NCC and submitted various challenges that they have faced in enterpreting the registration guidelines and criteria issued by the NCC. Further, the following challenges have been observed in the procurement process for works in relation to the capacity of contractors as registered by the Council:

i. Incorrect instructions to bidders in solicitation documents,

ii. Erroneous evaluation criteria and processes,

iii. Wrongful award of contracts to contractors in relation to the grade and category,

iv. Poor project implementation and contractor performance due to wrongful award,

v. Failure to deliver projects according to quality and technical specifications, within budget, and timely completion,

vi. Failure to derive value for money on projects.

It is important to note that, the NCC Act No. 13 of 2003 lacked an S.I. with appropriate regulations regarding the contractor registration process. In view of the foregoing, there is therefore need for a Statutory Instrument to guide industry stakeholders regarding contractor registration.

The proposed S.I. aims to enhance the regulation and development of Zambian construction industry by ensuring that there exists a consistent record of all contractors which adequately reflects the level of their competencies. The record would also guarantee traceability and accountability of contractors in Zambia by clearly defining contractors who are legally permitted to undertake works in Zambia as well as the type and magnitude of the work that they are permitted to do.

The Council therefore, invites comments from stakeholders on the proposed regulations. the draft regulation is attached in the supporting docuuments section of this notification.