Painting maintenance services for or tambo international airport (6-Month contract)

Employer: Airports Company South Africa SOC Limited, OR Tambo International Airport, 1 Jones Rd, Kempton Park, Johannesburg, 1632. Service Manager: To be confirmed (contact after contract award to arrange documentation submission). Dispute resolution: Adjudicator nominating body is the Chairman of the Johannesburg Advocates Bar Council. Panel of Adjudicators/Arbitrators includes: Adv. Ghandi Badela (Gauteng, +27 11 282 3700, [email protected]), Mr. Errol Tate (Durban, +27 11 262 4001, [email protected]), Adv. Saleem Ebrahim (Gauteng, +27 11 535-1800, [email protected]), Mr. Sebe Msutwana (Gauteng, +27 11 442 8555, [email protected]), Mr. Sam Amod (Gauteng, [email protected]), Adv. Sias Ryneke SC (Gauteng, 083 653 2281, [email protected]), Mr. Emeka Ogbugo (Pretoria, +27 12 349 2027, [email protected]).

Submit a signed Form of Offer and Acceptance with the total price (inclusive of VAT) stated in both words and figures. Within two weeks of receiving the signed agreement, deliver all required bonds, guarantees, proof of insurance, and other documentation to the Service Manager. Failure to comply constitutes a repudiation of the agreement. Notify the employer in writing within five working days if the agreement cannot be accepted. No amendments or deviations are valid unless listed in the Schedule of Deviations attached to the agreement.

Service providers must be legally registered entities capable of entering binding contracts under South African law. Joint ventures or consortiums are permitted but members are jointly and severally liable. Providers must comply with the Occupational Health and Safety (OHS) Act, ACSA policies and procedures, and all relevant legislation and regulations. No cession, delegation, or assignment of rights or obligations is allowed without the employer’s written consent. Ethical compliance is mandatory: no bribes, corrupt practices, or violations of the Prevention and Combating of Corrupt Activities Act are permitted. Breaches may result in termination.

Scope: Provision of painting maintenance service at OR Tambo International Airport for a period of six (6) months. Service Information: Detailed in Part C3 of the document, including the Accepted Plan and Annexes. Main responsibilities: As outlined in Part C3 (Service Information). Key Performance Indicators (KPIs): Incentive schedule and performance reports are referenced in Part C3. Service Level Performance Risk Register includes: Adherence and compliance to requirements, method statements, OHS Act, ACSA policies and procedures, and all applicable legislation and regulations. Equipment, Plant, and Materials: Must comply with contract conditions. Intellectual Property (IP): All IP rights related to the works remain with the originator. Employer receives an irrevocable, transferable, non-exclusive, royalty-free license to use and copy all IP for constructing, repairing, operating, and maintaining the works. Service provider must indemnify the Employer against IP infringement claims.

Pricing format: Priced contract with a price list (bills of quantities) as per Part C2. Currency: South African Rand (ZAR). Payment terms: Bi-weekly assessments, with payments made within 30 days. Price adjustment: Limited to consumer price inflation (CPI) on the contract anniversary date, capped at the CPI rate at that time. Bonds, guarantees, and proof of insurance: Must be submitted within two weeks of receiving the signed agreement. Liability: Service provider’s liability for indirect or consequential loss is limited to R0.00. Liability for loss or damage to the Employer’s property is limited to the total costs incurred and/or damages suffered by the Employer. No liability for death or injury, IP infringement, or defects listed on the Defects Certificate.

B-BBEE: Annually present a compliant B-BBEE Certificate. Tax Clearance: Annually present a valid Tax Clearance Certificate. Failure to comply with either requirement is a material breach and may result in contract cancellation. Occupational Health and Safety (OHS): Must comply with OHS Act No. 85 of 1993 (as amended) and Construction Regulations. Service provider must act as an employer in its own right and ensure all work, equipment, plant, and materials comply with the Act. Ethics: Prohibited from offering, paying, or accepting bribes or engaging in corrupt practices. Must comply with the Prevention and Combating of Corrupt Activities Act. Breaches may lead to termination. Confidentiality: All contract-related information is confidential. Prior written consent from the Service Manager is required for disclosure, use, or publication. Images of works require prior written consent. Intellectual Property: Must indemnify the Employer against IP infringement claims. Communication: Written consent from the Employer is required for changes to design, scope, or Service Information exceeding 5%, or for Completion Date extensions over 30 days. Cession and Assignment: Service provider may not cede, delegate, or assign rights or obligations without the Employer’s written consent. Joint Ventures: Members are jointly and severally liable. Must notify the Employer of the key contact person within one week of the contract date and obtain consent for material changes to the composition.