ABA Policy Statements
December 2009
1.0 GENERAL STATEMENTS
1.1 Freedom of Enterprise
ABA supports an economic and political system based on free competitive enterprise and individual freedom.
1.2 Environment
ABA supports the concept of sustainable development, recognizing the need to balance environmental and economic considerations in the decision-making process.
ABA supports the development and use of a fair, equitable and expedient Afghan environmental assessment and review process.
1.3 Quality Assurance and Control Program
ABA supports the use of quality assurance and control programs to ensure quality (excellence) in construction projects. ABA shall help the construction and construction material entrepreneurs to enhance the quality of their fulfillment to better insurance of a quality service in the industry.
1.4 Research
ABA advocates the need for research in construction and supports the research institutes, universities and other agencies engaged in such activities for the purpose of improving construction practices, materials, and safety, as well as the durability and cost of construction. ABA itself conducts various researches and surveys to help the industry get enhanced in terms of quality assurance and efficiency of construction sector.
1.5 Distribution of Construction Opportunity Information
ABA believes that the provision of project information in Afghanistan, as it has traditionally been, is a prime activity of construction associations. The dissemination and distribution of project and tender opportunity information/documents in support of the construction procurement process must be provided by organizations that have a true understanding of the bidding process and of the local, regional and national construction markets. Therefore, ABA advocates the use of plans room associations who are the most qualified and competent to fulfill this role in Afghanistan. In addition, ABA shall conduct various advocacy programs to help the private sector, especially construction industry, via lobbying, struggling and providing vivid planning to wipe out the obstacles from the way of private sector development.
2.0 FREE TRADE
2.1 Free Movement of Construction Materials, Services and Personnel within Afghanistan
ABA supports the free and unfettered movement of construction materials, services and personnel within Afghanistan and is opposed to all regional barriers and preference policies.
2.2 Labor Force Mobility
ABA advocates the right of qualified construction workers to seek employment in any region of Afghanistan without any restrictions. Labor mobility should be supported, promoted and facilitated by such measures and programs as:
- National apprenticeship and training standards for construction trades and occupations;
- The Golden Seal Program (GSP) designed to provide inter-provincial recognition of apprentices and tradesperson qualifications; and/or,
- Government tax incentives and assistance, or similar measures.
3.0 INFRASTRUCTURE
3.1 Core Municipal Infrastructure
ABA supports and promotes long-term, sustainable, transparent, and predictable investments of Government of Afghanistan (GoA) in core municipal infrastructure.
ABA defines core municipal infrastructure as being: roads, highways, streets, sidewalks, lanes, bridges and structures; water distribution systems and treatment plants; waste water and sewage collection and treatment; power, garbage, and refuse facilities; airports; educational facilities; power and fiber optic networks and distribution systems; and urban transit systems. In addition, the rural development activities, especially in outlaying parts of Afghanistan and micro-projects in villages level is strongly supported by ABA.
3.2 National Highway System
ABA supports and promotes the creation of a long-term, sustainable, transparent, predictable and permanent national program designed to provide investment in Afghanistan’s national highways program which connects the ring of high ways in all provinces of the country. This program must be based on the Nation’s strategic needs and demands on the System and it must support the concept that all stretches of the National Highway System ought to meet minimum ridership and engineering standards as defined by the government of Islamic Republic of Afghanistan.
3.3 Strategic Infrastructure Investment
ABA supports and promotes long-term, sustainable, transparent and predictable national investment in Afghanistan’s strategic infrastructure. ABA defines strategic infrastructure as being assets required to create new, or enhance existing, national economic, commercial or transportation activity.
4.0 INDUSTRY PRACTICES
4.1 Procurement of Construction Projects
ABA supports procurement of construction projects in an open and transparent manner in accordance with the procedures and practices recommended in Procurement Regulation and Law that is applicable in Afghanistan. The national projects and procurements tenders and bids should be via ARDS or other reputable organizations that are supporting the transparency in all tenders and procurements.
4.2 Bidding and Contract Award Practices
ABA advocates the bidding and contract award practices and procedures outlined in Procurement Law and regulation of Islamic Republic of Afghanistan.
4.3 Regional Openings
ABA maintains that bids for publicly funded projects should be deposited and publicly opened in the region where the work is to be performed, but the projects that are heavy to implement regarded a must to be nationwide tender call.
4.4 Minority Preferences and Set-Aside Programs
ABA opposes any procurement practice or program that seeks to confer exclusive bidding rights to firms based upon any of the following characteristics: sex, race, religion, or geographic domicile within Afghanistan of the principal Owners of a firm, its employees or labor force.
4.5 Contracting Out/Public Sector Competition
ABA promotes the use by government of the private sector for construction and engineering services, as this practice serves to develop more private sector capability.
ABA opposes government-owned, or controlled, entities competing for construction contracts.
ABA opposes the government’s practice of supporting public-owned corporations that are competing with private sector in the country.
4.6 Reverse Auctions
ABA endorses the use of electronic procurement provided that it maintains the principles that are intrinsic to the construction bidding process and that it is intended to increase efficiency.
ABA opposes the use of reverse auction.
4.7 Firm Price Quotation
ABA supports the principle that where owners seek firm price bids from contractors, it is essential that prices obtained by contractors for the supply of materials and equipment also be provided on a firm price basis.
4.8 Conditional Payment Clauses
ABA is opposed to payment provisions in construction contracts that make the prior receipt by one party of a payment, or advance from a third party, a condition precedent to any payment obligation to the other contracting party.
4.9 Deficiency Holdbacks
ABA is opposed to the retention of funds to cover unidentified deficiencies or warranty items.
4.10 Extended Warranties
ABA is opposed to requirement by Owners for extended warranty bonds beyond the standard one-year warranty period.
4.11 ABA & GoA Standard Documents
ABA advocates the use of standard documents, developed and endorsed by the Association, as an effective means of promoting standard practices and procedures within the industry.
ABA opposes the implementation of supplementary General Conditions which have the effect of altering or subverting the intent or the substance of standard documents.
4.12 Use of Bid Depositories
ABA supports the use of the bid depository system in those areas where Bid Depositories are in regular operation and are operating under rules and regulations endorsed by local professional and construction associations for those trades served by them.
4.13 National Building Code
ABA supports the general adoption of the National Building Code of Afghanistan that is going to be endorsed by the GoA and as well adoption of other Codes that are internationally used in construction. ABA supports the government of Afghanistan to develop the current code which is not completely applicable as requires amendment.
5. HUMAN RESOURCES
5.1 ABA Supports for Apprentices
ABA advocates the need for internship and apprenticeship of students who are at university or institutes. ABA provides a wide range of internship programs and student membership for better human resources development in the country.
5.2 Under-Represented Groups in Construction
ABA advocates the entry of under-represented groups in all occupations within the construction industry and urges construction employers to remove all barriers to their employment. ABA opposes all forms of compulsory programs of employment equity, including any system of quotas.
5.3 Immigration of experts to Afghanistan
ABA supports a pro-active and effective immigration policy designed to help build a domestic labor supply for the industry’s future needs. A key feature of this policy ought to be the efficient use of foreign workers to meet temporary shortages when necessary. ABA supports experts and specialist to work in the construction industry to ensure the standard and quality fulfillments.
5.4 Labor Relations
ABA supports the right of every contractor to operate in the construction marketplace. ABA supports the maintenance of a healthy labor/management relationship, which will aid the Afghan economy and provide maximum productivity.
5.5 Fair Wages & Hours of Labor in Afghanistan Labor Law
ABA considers the Afghanistan’s labor law as statutes to be complied with in all working features, including hours, fair wages, better work environment and equal opportunity to all Afghans. ABA supports overtime wage for work of more than 8 hours a day and six day a week.
5.6 Education & Training
ABA supports and promotes all proven industry educational and training programs for construction trades (e.g. apprenticeship) and management occupations (e.g. Gold Seal), and urges the widest possible acceptance of international standards and certification. ABA advocates the highest standards in all technical, professional, supervisory and management training. ABA urges the youth in Afghanistan to consider career employment in the construction industry.
5.7 Safety
ABA supports the establishment of programs to promote excellence in construction safety.
