Upgrade of mv switchgear and mv cabling at king phalo airport - 12-Month energy infrastructure procurement

Upgrade of MV Switchgear and MV Cabling at King Phalo Airport (East London Airport)

Contract includes supply, delivery, installation, commissioning and testing of installed electrical equipment

Contract period: 12 months

Works detailed in Part C3 Scope of Works

Site boundary: King Phalo Airport

Closing date: 30 October 2026 at 11:00

Contract period: 12 months from starting date (date of signing by both parties)

Defects liability period: 12 months after Completion of whole works

Defects correction period: 2 weeks

Access date: To be agreed with Employer before contract start date

No compulsory briefing or site visit dates mentioned in this document.

Project Manager: Samkelo Luyenge

Role: Project Manager

Email: [email protected]

Telephone: +27 43 706 0358

Address: Airports Company South Africa SOC Limited, King Phalo Airport, 66 Settlers Way, East London, 5201

Supervisor: Botwe Nkonki

Role: Supervisor

Email: [email protected]

Telephone: +27 43 743 8266

Address: 62 Devereux Ave, Vincent, 5247, East London

Employer: Airports Company South Africa SOC Limited

Address: King Phalo Airport, 66 Settlers Way, East London, 5201

Submission method: Not specified in this document (likely detailed in separate Tender Data volume).

Returnable documents required with tender:

• Form of Offer and Acceptance (C1.1)
• Contract Data Part 1 (Employer) and Part 2 (Contractor) (C1.2)
• Performance Bond pro forma (C1.3)
• ACSA Insurance Clauses acknowledgement (C1.4)
• Pricing Data: Activity Schedule (Part C2)
• Scope of Works acknowledgement (Part C3)
• Site Information acknowledgement (Part C4)
• Preliminary programme must be submitted with tender by closing date.
• All returnable schedules must be completed, signed and submitted.
• Contractor must provide securities, bonds, guarantees, proof of insurance within two weeks of receiving completed agreement.
• No submission address, email, or number of copies stated in this volume.

Project: Upgrade of MV Switchgear and MV Cabling at King Phalo Airport (East London Airport)

Scope: Supply, delivery, installation, commissioning and testing of installed electrical equipment

Contract duration: 12 months from starting date

Works fully detailed in Part C3 Scope of Works

Site boundary: King Phalo Airport

Working areas: Landside Area (areas before security points and restricted area within perimeter of gatehouses, terminals, cargo buildings)

Key personnel: CVs to be appended to Tender Schedule with name, job title, responsibility, qualifications, experience

Contractor must verify completeness, sufficiency and accuracy of all information and drawings prior to Contract Date

Contractor responsible for correct setting out of Works to original points, lines, levels

Compliance with OH&S Act & measures (per pricing schedule item A.4.1)

Contractor must plan work as set of activities matching programme

Pricing based on Activity Schedule with lump sum per activity

Key personnel CVs required with tender:

• Name
• Job title for this project
• Responsibility
• Qualifications
• Experience

CVs to be appended to Tender Schedule

Contractor warrants works fit for intended purpose (Z2)

Commissioning and testing of installed electrical equipment required

Works must comply with Works Information and Scope of Works

Defects liability period 12 months after Completion

Defects correction period 2 weeks

Main Option A: Priced contract with Activity Schedule (Part C2)

Pricing assumptions:

• VAT exclusive prices
• Lump sum per activity, payment only when activity complete
• Supply and installation costs included unless separate rate called for
• Description includes making, conveying, delivering, unloading, storing, unpacking, hoisting, setting, fitting, fixing, cutting, waste, patterns, models, templates, plant, temporary works, packaging return, establishment charges, profit, all obligations
• No alterations to original text allowed
• Variations measured and priced at Activity Schedule rates
• Provisional sums expended as directed by Engineer, balance deducted
• No commitment to expend contingency/provisional sums
• Contractor not entitled to claim if provisional sums removed

Disbursements:

• Only project-related costs listed compensated
• Travel/accommodation deemed inclusive unless agreed otherwise
• No mark-up on disbursements
• No payment for: travel (except on-site), accommodation, typing, phone/cellular/computer/fax/email costs
• Health and Safety Agent recovered through Disbursements

Bill No.1 Preliminary and General includes site establishment (office, stores, sanitation, electricity, fencing, gate, sign board, sample board)

Contract type: NEC3 Engineering and Construction Contract (April 2013), Main Option A – Priced contract with Activity Schedule

Pricing: Activity Schedule (Part C2), VAT exclusive, lump sum per activity; payment only when activity complete

Performance bond: 10% of contract value, unconditional on-demand, on bank letterhead, valid until end of contract period; must be extended if expiry before contract end

Retention: 52 weeks after completion of whole works

Delay damages: 0.5% of contract value per day, maximum 10% of contract value

Payment terms: Assessment interval – 15th day of each successive month; payment within 4 weeks; interest at Nedbank prime lending rate

Currency: South African Rand

Limitation of liability: Neither party liable for consequential/indirect loss (including loss of profit, income, revenue); Contractor’s total direct liability limited to total losses/damages to Employer’s Property

Excluded matters from liability cap: loss/damage to Employer’s property, delay damages, defects liability, insurance liability (to extent of Contractor’s risks), death/injury, third party property damage, IP infringement

B-BBEE: Annual compliant BEE certificate required (Z18); failure is material breach, sanction may be contract cancellation

OHS: Contractor acknowledges employer duties under Occupational Health and Safety Act and Construction Regulations (Z20)

Joint ventures: Joint and several liability (Z9); must notify key person with binding authority within 1 week of Contract Date; no material alteration without Employer consent

Key personnel: CVs required with tender (name, job title, responsibility, qualifications, experience)

Ethics: Anti-corruption compliance (Prevention and Combating of Corrupt Activities Act) (Z10)

Confidentiality: All contract information confidential, prior written consent needed for disclosure (Z11)

No cession/delegation without Employer written consent (Z8)

Employer step-in rights after 2 weeks default notice (Z12)

No liens on Equipment (Z13)

IP licence to Employer for construction, repair, operation, maintenance (Z14)

Annual BEE certificate presentation

Annual compliant BEE certificate required (Z18)

Failure to present certificate = material breach, may lead to contract cancellation

No specific B-BBEE level threshold stated in this document

Contractor acknowledges employer duties under Occupational Health and Safety Act and Construction Regulations (Z20)

All work, Equipment, Plant and Materials must comply with OHS Act and Construction Regulations

Health and Safety Agent costs recovered through Disbursements (no mark-up)

Weather measurements to be recorded at Construction Site Office:

• Cumulative rainfall (mm) per calendar month
• Number of days with rainfall >10 mm
• Number of days with minimum air temperature <0°C

Records kept on site in clearly marked file

Assumed 10-year return weather data provided for each month

Contract: NEC3 Engineering and Construction Contract (April 2013)

Main Option: A – Priced contract with Activity Schedule

Dispute resolution: Option W1 – Adjudication then Arbitration

Secondary Options: X1 Price Adjustment, X2 Changes in law, X7 Delay damages, X13 Performance Bond, X16 Retention, X17 Low service damages, X18 Limitation of liability, Z Additional conditions

Law: Republic of South Africa

Language: English

Period of reply: 7 business days

Starting date: On signing by both parties

Completion date: 12 months after starting date

Defects date: 12 months after Completion

Defects correction period: 2 weeks

Assessment interval: 15th day each month

Currency: ZAR

Payment period: 4 weeks

Interest rate: Nedbank prime lending rate

Delay damages: 0.5%/day, max 10% contract value

Performance bond: 10% contract value

Retention period: 52 weeks after completion

Limitation of liability: No consequential loss; total direct liability limited to Employer's Property losses

Excluded matters: Employer property loss/damage, delay damages, defects liability, insurance liability, death/injury, third party property, IP infringement

Z clauses (key):

Z1: Waiver/estoppel requires written agreement

Z2: Contractor warrants works fit for intended purpose

Z3: Contractor verifies information accuracy and correct setting out

Z4: Defects date extended if Employer cannot use works due to defect

Z5: Business rescue proceedings added as termination event

Z6: Unconditional on-demand performance bond valid until contract end

Z7: Employer liability for Contractor consequential loss = R0; insurance proceeds excluded from liability calculations

Z8: No cession/delegation without Employer consent

Z9: Joint and several liability for JVs

Z10: Ethics/anti-corruption compliance

Z11: Confidentiality and image rights

Z12: Employer step-in rights after 2 weeks default

Z13: No liens on Equipment

Z14: IP licence to Employer

Z16: Adjudicator and arbitrator panels (listed)

Z17: Compensation event notification reduced to 4 weeks

Z18: Annual BEE certificate required

Z19: Project Manager needs Employer consent for design/scope changes >5% or completion extensions >30 days

Z20: OHS Act compliance

Z clauses as detailed in contractual_terms section

Key special conditions:

• Annual BEE certificate mandatory (Z18)
• OHS Act compliance mandatory (Z20)
• Joint and several liability for JVs (Z9)
• Employer step-in rights after 2 weeks default (Z12)
• Confidentiality and IP licence (Z11, Z14)
• Ethics/anti-corruption (Z10)
• Performance bond validity extension requirement (Z6)
• Limitation of liability exclusions (Z7, X18)
• Project Manager authority limits (Z19)
• Compensation event notification 4 weeks (Z17)
• Defects date extension provisions (Z4)
• Business rescue as termination event (Z5)

Not specified in this document (likely in separate Tender Data volume)