Three-year maintenance contract for ground power units at o.R. Tambo international airport

• Period for reply on communications: 5 working days.
• Starting date: Upon signing of the contract by ACSA.
• Service period: Three (3) years after signing by ACSA, or when the amount in the Form of Offer has been expended, whichever occurs first.
• Contractor must submit a first plan for acceptance within 8 weeks of the Contract Date.
• Task Order programme must be submitted within 5 days of receiving a Task Order.
• Payment assessment interval: Between the 1st and 15th day of each successive month.
• Payments made within: 30 days.
• End of liability date: 52 weeks after the end of the service period.
• Price adjustment for inflation: On contract anniversary only.

• Employer: Airports Company South Africa SOC Limited (ACSA), Registration No. 1993/004149/30, VAT No. 4930138393.
• Address: 3rd Floor ACSA North Wing Offices, O.R. Tambo International Airport, Private Bag X1, Kempton Park, 1627.
• Tel: 011 921 6911.
• Service Manager: TBA (to be advised — details not yet provided in Contract Data).
• Dispute adjudicators available:

– Adv. Ghandi Badela (Gauteng): +27 11 282 3700, [email protected]

– Mr. Errol Tate Pr. Eng. (Durban): +27 11 262 4001, [email protected]

– Adv. Saleem Ebrahim (Gauteng): +27 11 535-1800, [email protected]

– Mr. Sebe Msutwana Pr. Eng. (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]

• Adjudicator nominating body: Chairman of ICE-SA (www.ice-sa.org.za).
• Arbitration place: Johannesburg, South Africa.

• Submit a signed Form of Offer and Acceptance (C1.1) with: total price exclusive of VAT; VAT at 15%; and total inclusive of VAT (in words and figures).
• The Form of Offer amount prevails if there is any conflict with Pricing Data [Subtotal G].
• Return one signed copy to the employer before the end of the validity period stated in the tender data.
• Within two weeks of receiving the signed agreement (including Schedule of Deviations if any), contact the employer's agent to arrange delivery of bonds, guarantees, proof of insurance, and other required documentation.
• Failure to deliver these obligations constitutes repudiation of the agreement.
• The agreement becomes binding unless the bidder rejects it in writing within five working days of receipt.
• No performance bond or parent company guarantee is required for this contract.

• Scope: Maintenance of Ground Power Units at O.R. Tambo International Airport for a period of three (3) years.
• Detailed service requirements are in Part C3: Service Information and referenced documents/drawings.
• Contractor must provide the service in accordance with Service Information and warrant that results will be fit for intended purpose.
• Contractor must verify completeness, sufficiency, and accuracy of all information and drawings provided before the starting date.
• Contractor is responsible for correct setting out and execution of the service; any errors must be rectified at Contractor's own cost.
• Contractor must submit a first plan for acceptance within 8 weeks of the Contract Date.
• Task Orders: Contractor must submit a Task Order programme within 5 days of receiving the Task Order.
• Key Performance Indicators and service level tables are in Service Information (C3) – Annex I (note: marked "Not applicable" for incentive schedule).
• Low service damages: As per Service Information (C3) – Annex I section 6.
• Safety: Service Manager or representative may stop any unsafe service; Contractor may not proceed until violation is corrected. This stop instruction is not a compensation event.
• Risk Register matters include: (1) risk of financial loss and/or injury to third parties due to proximity to airport users; (2) risk of injury from lifting/moving heavy objects; (3) risk of injury when working with power cables; (4) additional risks in Annexure E.
• Working areas: See C3 Service Information.
• Key people required: Site Manager/Millwright and Assistant — CVs to be appended to Resource Proposal (Annex F).

• Contract type: Priced contract with price list (Option A under NEC3 Term Service Contract).
• Currency: South African Rand (ZAR).
• Pricing format: Submit total of Prices exclusive of VAT, VAT at 15%, and total inclusive of VAT on Form of Offer and Acceptance.
• Payment terms: Assessment interval between 1st and 15th of each month; payment due within 30 days.
• Interest on late payments: 0.00% above Nedbank prime rate for ZAR; LIBOR rate for other currencies.
• Important: Employer does not pay interest on late payments caused by Contractor's failure to provide a correctly rendered VAT invoice.
• Employer may deduct or set off any sums due or amounts for which Contractor is liable from payments.
• Price adjustment for inflation: Based on CPI index at starting date; adjustments only on contract anniversary.
• Forecasting: Contractor must prepare forecasts of final total of Prices at intervals no longer than 4 weeks.
• No performance bond or parent company guarantee required.
• Limitation of liability: Contractor's liability for indirect or consequential loss is nil for both parties. For any one event, liability for loss/damage to Employer's property limited to total of Prices. Total direct liability for all matters (excluding specified matters) limited to total of Prices.
• Excluded matters from liability cap: loss/damage to Employer's property; Defects liability; insurance liability to extent of Contractor's risks; death/injury to person; IP infringement.

• Contract framework: NEC3 Term Service Contract, April 2013, with core clauses and secondary Options W1, X1, X2, X17, X18, X19, X20, and Z clauses Z1-Z19.
• Law and language: Governed by South African law; contract language is English.
• Central Supplier Database (CSD): Not explicitly mentioned in document — verify separately if required by ACSA procurement policy.
• Tax: VAT at 15% applies; Contractor must provide correctly rendered VAT invoices for payment.
• B-BBEE: Not explicitly mentioned in extracted document — verify if required in Service Information (C3) or pricing data.
• CIDB: Not mentioned in extracted document.
• CIPC: Contractor must provide company registration number and VAT number in Contract Data (C1.2b).
• Professional registrations: Key people CVs required; Site Manager/Millwright and Assistant qualifications and experience to be detailed in Resource Proposal (Annex F).
• Occupational Health and Safety: Mandatory compliance with OHS Act and Construction Regulations 2014.

– Section 37(2) OHS Agreement must be signed before work commences.

– Contractor is an employer in own right with duties under OHS Act.

– Baseline risk assessment required before commencement by competent person.

– Written safe working procedures required.

– Personal protective equipment must be issued and worn at all times.

– All incidents/accidents must be reported to Provincial Director: Department of Labour and Client.

– No alcohol or intoxicating substances on premises.

– Construction Manager appointment required per Construction Regulation 8; documentation due 7 days before work commences.

• COID Act: All employees and subcontractors must be covered; proof of good standing with Compensation Fund or Licensed Insurer required before commencing work.
• Insurance requirements:

– Employer provides: Contract Works Insurance, SASRIA Special Risks, Marine & Air Cargo, and Public Liability Insurance (details in C1.5 Insurance Schedule).

– Contractor provides: Professional Indemnity Insurance (terms in C1.5).

– Additional insurance: Public Liability and other cover as required by Subcontract Agreement.

• Intellectual Property: Contractor indemnifies Employer against IP infringement claims; grants Employer irrevocable, transferable, non-exclusive, royalty-free licence for service-related IP.
• Ethics and anti-corruption: Contractor must comply with Prevention and Combating of Corrupt Activities Act and all anti-bribery/anti-money laundering laws. Breach may result in termination.
• Confidentiality: All contract information treated as confidential; no disclosure without Service Manager written consent. Images of services or Affected Property require prior written consent.
• Cession/assignment: Contractor may not cede, delegate or assign rights/obligations without Employer's written consent.
• Joint ventures: If applicable, persons deemed jointly and severally liable; must notify key person with binding authority within 1 week of starting date.