ISO 10845-4:2021

INTERNATIONAL ISO
STANDARD 10845-4
Second edition
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
PROOF/ÉPREUVE
Reference number
ISO 10845-4:2021(E)
©
ISO 2021

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ISO 10845-4:2021(E)

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ISO 10845-4:2021(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 . 3
5.1 Eligibility . 3
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 . 4
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 . 5
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 .14
Annex C (informative) Evaluating expressions of interest .18
Annex D (informative) Evaluation reports .20
Bibliography .22
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ISO 10845-4:2021(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.
The procedures used to develop this document and those intended for its further maintenance are
described in the ISO/IEC Directives, Part 1. In particular, the different approval criteria needed for the
different types of ISO documents should be noted. This document was drafted in accordance with the
editorial rules of the ISO/IEC Directives, Part 2 (see www .iso .org/ directives).
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. Details of
any patent rights identified during the development of the document will be in the Introduction and/or
on the ISO list of patent declarations received (see www .iso .org/ patents).
Any trade name used in this document is information given for the convenience of users and does not
constitute an endorsement.
For an explanation of the voluntary nature of standards, the meaning of ISO specific terms and
expressions related to conformity assessment, as well as information about ISO's adherence to the
World Trade Organization (WTO) principles in the Technical Barriers to Trade (TBT), see www .iso .org/
iso/ foreword .html.
This document was prepared by Technical Committee ISO/TC 59, Buildings and civil engineering works,
Subcommittee SC 18, Construction procurement.
This second edition cancels and replaces the first edition (ISO 10845-4:2011), which has been
technically revised.
The main changes compared to the previous edition are as follows:
— definitions and parts of the text have been updated and aligned with other parts of the ISO 10845
series to ensure consistency in concepts and terms;
— an informative annex on the formulation of evaluation reports has been added.
A list of all parts in the ISO 10845 series can be found on the ISO website.
Any feedback or questions on this document should be directed to the user’s national standards body. A
complete listing of these bodies can be found at www .iso .org/ members .html.
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ISO 10845-4:2021(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.
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 of pre-qualified tenderers (or both) so that they can be invited to submit tender offers in
respect of a particular procurement, respectively.
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.
Annex A contains guidance on the application of this document and suggestions on good practice.
Annex B provides guidance on how to develop the submission data for a call for expressions of interest
using this document. Annexes C and D offer guidance on the evaluation of expressions of interest and
the structuring of evaluation reports, respectively.
ISO 10845-2 establishes the manner in which calls for expressions of interest should be formatted
and compiled. The standard conditions contained in this document can, by reference, be readily
incorporated in procurement documents formatted and compiled in accordance with the provisions of
ISO 10845-2.
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ISO 10845-4:2021(E)

This document is part of the ISO 10845 series which covers various aspects of procurement within the
construction industry. Each part of the ISO 10845 series relates to a different aspect of procurement.
The objective of the ISO 10845 series 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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INTERNATIONAL STANDARD ISO 10845-4:2021(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.
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.
ISO and IEC maintain terminology databases for use in standardization at the following addresses:
— ISO Online browsing platform: available at https:// www .iso .org/ obp
— IEC Electropedia: available at https:// www .electropedia .org/
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 organization (3.7)
[SOURCE: ISO 37001:2016, 3.29]
3.2
corrupt practice
offering, giving, receiving or soliciting of anything of value to influence the action of the employer (3.4)
or his staff or agents in the tender process
[SOURCE: ISO 10845-1:2020, 3.10, modified — "the procurement process or the administration of the
contract" has been replaced by "the tender process".]
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ISO 10845-4:2021(E)

3.3
eligibility criteria
criteria framed around the ability of a respondent (3.9) 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 (3.7) intending to or entering into the contract with the contractor to supply
goods, carry out construction works and/or provide services
[SOURCE: ISO 10845-1:2020, 3.15]
3.5
expression of interest
request for respondents (3.9) to register their interest in undertaking a specific contract or to participate
in a project or programme and to submit their credentials so they can, in terms of the employer’s (3.4)
selection methods, be invited to submit a tender offer should they qualify or be selected to do so
[SOURCE: ISO 10845-1:2020, 3.16]
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 (3.4), including collusive practices intended
to establish prices at artificial levels
[SOURCE: ISO 10845-1:2020, 3.18, modified — "or the administration of the contract including
compensation procedures" at the end has been removed.]
3.7
organization
company, firm, enterprise, association or other legal entity, whether incorporated or not, or public body
[SOURCE: ISO 10845-1:2020, 3.21]
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 10845-1:2020, 3.27]
3.9
respondent
person or organization (3.7) that submits an expression of interest (3.5) in response to an invitation to
do so
[SOURCE: ISO 10845-1:2020, 3.28]
3.10
submission data
document that establishes the respondent's (3.9) obligations in responding to a call for an expression
of interest (3.5) and the employer's (3.4) undertakings in administering the process of calling for and
receiving expressions of interest
[SOURCE: ISO 10845-1:2020, 3.32]
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ISO 10845-4:2021(E)

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 document. 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, 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 can 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.
5 Respondent's 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.
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ISO 10845-4:2021(E)

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.
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.
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ISO 10845-4:2021(E)

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
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.
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.
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ISO 10845-4:2021(E)

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) may prejudice fair competition between respondents.
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ISO 10845-4:2021(E)

Annex A
(informative)

Commentary
A.1 General
The purpose of this document 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 electronic database, or
b) register their interest in undertaking a specific contract or to participate in a project or programme
and to submit their credentials so they can, in terms of the employer's procurement procedures, be
invited to submit a tender offer should they qualify or be selected to do so.
The conditi
...