Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Issuing Organization
South African National Roads Agency Soc Limited (SANRAL)Location
Western Cape
Closing Date
05 Oct 2026
Documents available on tender detail page
Tender Type
Request for Bid(Open-Tender)
Delivery Location
1 Havenga, Street Oakdale - Bellville - Cape Town - 7530
Organization Type
GOVERNMENT
Published
04 Sept 2026
OCDS Reference
ocds-9t57fa-169208
This tender invites bids for routine road maintenance consulting services for four projects in the northern cape province. The services are required for projects N.012-057-2026/1F, N.014-013-2026/1F, X.005-136-2026/1F, and X.005-137-2026/1F. a compulsory briefing session will be held via microsoft teams, and interested parties must attend.
Continue with tenders sharing this issuer, category, or province.
Return to this tender’s issuing organisation, province, or category.
Continue with tenders sharing this issuer, category, or province.
Date & Time
Monday, 05 October 2026 - 11:00
Venue
https://teams.microsoft.com/meet/31088793410571?p=J0UK2zD3B0koX9Ao6u
Important: Attendance at this briefing session is mandatory. Bids from suppliers who do not attend may be disqualified.
Request for Bid(Open-Tender)
1 Havenga, Street Oakdale - Bellville - Cape Town - 7530
Tenders in this industry often require registration with these bodies.
Recommended Certifications
Having these can improve your winning chances: CA(SA) - Chartered Accountant, PMI-PMP (Project Management Professional), Prince2 Practitioner, Six Sigma Certification
AI Document Analysis Stages
Description
Source: Bid NRA 2026 0167(E).zip04 Sept
2026
Tender Published
Tender was published
05 Oct
2026
Closing Date
Tender closing date
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
These rules commonly apply to South African public-sector procurement.
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Act 108 of 1996 (s217)
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
Bid NRA 2026 0167(E).zip
To download these documents and access AI-powered analysis, visit the main tender page.
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(Note to compiler: This report must include all sectional info within the project limits i.e.
Cell B3: Strip sheets are generated on a 5km strip sheet for editing and use
GEOTECHNICAL INCIDENT MANAGEMENT AND MONITORING AS PART OF THE SANRAL SLOPE MANAGEMENT SYSTEM (SMS) for ROUTINE ROAD MAINTENANCE
Cell A11: The purpose of this Safety Inspection, to be undertaken by a competent person, is to identify safety related defects that require urgent attention to ensure the structure is safe for continued use. It is not required to record routine maintenance defects. These inspections are to be captured and hard copy and electronic records kept. Data shall also captured in SANRAL ITIS system. For existing structures inspections shall at 12 months maximum intervals. For new structures they shall be done every 6 months for the first 24 months and at 12 months maximum intervals thereafter.
Welcome to SARDS Desktop - User Registration. This is a Manual Document that contains information about
the basic registration of the SARDS Desktop software.
The purpose of this document is to guide the user on the installation, system requirements and prerequisites
of the software.
This User Manual discusses basic concepts behind the SARDS Desktop software, such as how to Register a New
User and the process of Logging in into the software.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Log onto ITIS Portal Website, http://itis.nra.co.za/portal/Default/Index) using User Credential`s and navigate
to:
i. Click on My Account sub menu>
ii. Click on Download sub-menu on the left side>
iii. Click on SARDS Module Tab on the top right>
iv. Select Full Install: SARDS Prerequisites file on the bottom left for first-time installer Download>
v. Click on Setup> Install>
vi. Double click on the SARDS Desktop shortcut on your Desktop.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Log onto On the ITIS Portal Website to request the license number http://itisqa.nra.co.za/portal/Default/Index
, navigate to:
i. Click on MyAccount sub-menu>
ii. Click on License Request sub-menu on the left side>
iii. Click on SARDS Module tab top right side>
iv. Click on SARDS Desktop Application checkbox and select relevant answers on the dropdown line items
on Product Module box>
v. Click on the Submit Request button.
NOTE: Licence Key Request should be sent to ITIS Support for further processing
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Log onto On the ITIS Portal Website to access license number http://itisqa.nra.co.za/portal/Default/Index ,
navigate to:
i. Click on MyAccount sub-menu>
ii. Click on Licence Details sub-menu on the left side>
iii. Click on Available SARDS Licenses tab top right side>
iv. Copy the License Number.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
i. Capture Username details>
ii. Capture Password details>
iii. Paste License Key number>
iv. Click on Register Button.
Note: If credentials are correct, the software should start the registration process.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
i. Username should Auto-Populate>
ii. Capture Password details>
iii. License Key number should Auto-Populate>
iv. Click on the Login button.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Log onto ITIS Portal Website, http://itis.nra.co.za/portal/Default/Index using User Credential`s and navigate to:
i. Click on My Account sub menu>
ii. Click on Download sub-menu on the left side>
iii. Click on SARDS Module Tab on the top right>
iv. Select Click once installer SARDS: Software file download>
v. Click on Setup> Install>
vi. Double click on the SARDS Desktop shortcut on your Desktop.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Note: Should the user get an warning message on the bottom left on the screen, keep changes and continue
with the download
i. Click on Keep button>
ii. Click on More Info line item on the left side>
iii. Click on Run Anyway button Tab on the bottom left >
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
i. Username should Auto-Populate>
ii. Capture Password details>
iii. License Key number should Auto-Populate>
iv. Click on the Login button.
NB: User Login page should directly take user to the below SARDS Home page attached
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Copyright © 2019 South African National Roads Agency SOC Limited
The South African National Roads Agency SOC Limited (SANRAL) invites tenders for the provision of Routine Road Maintenance Consulting Services for the projects in the Northern Cape Province described in the table below:
Form a1: confirmation of project submissions contained in the bid
C1.2.3 Contract data – information provided by the tenderer
i) permission was not granted, where applicable: or
i) permission was not granted, where applicable: or
i) permission was not granted, where applicable: or
i) permission was not granted, where applicable: or
The document which defines the Employer’s objectives and requirements and specifies the Services which must,
or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to perform the Services
described in the Contract, and legal successors to the Service Provider and legally permitted assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of Work.
Sub-contractor
A person or body corporate who enters into a sub-contract with the Service Provider to perform part of the
Services.
Targeted Enterprise
A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider to
perform a tendered percentage of work stated in the Contract Data under his guidance and which complies with
the following:
a) is at least 51% owned by black people: and
b) has a B-BBEE status* of “level one or level two contributor’; and
c) does not share equity holding with the Service Provider; and
d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984 (Act
No. ); and
e) is registered on the National Treasury’s Central Supplier Database (CSD).
published in Notice in Government Gazette No 41287 on 1 December 2017.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective functions/duties as defined under
the Contract.
Transferred Road
A provincial or other public road, road section or related asset that is declared or incorporated into the national
road network and is formally handed over to SANRAL, or that the Employer instructs the Service Provider in
writing to assess or manage pending such transfer, subject to the Contract’s variation and payment provisions.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the service provider has
been appointed for the performance of the services specified in this contract.
Youth
For purposes of this contract, Youth means persons between the ages of 16 and 35.
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes
of interpretation, the priority of documents shall be in accordance with the following sequence:
a) the Form of Acceptance
b) the Form of Offer
c) the Contract Data
d) the General Conditions of Contract
e) the Scope of Work
f) the Pricing Schedule and any other documents forming part of the Contract.
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2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract Data,
the provisions of the Contract Data shall prevail.
2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other laws
including the South African Common Law, and regulations and by-laws of any legally constituted public
authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a result of changes
in, or additions to, any statute, regulation or bye-law, or the requirements of any authority having jurisdiction
over any matter in respect of the Project, then the Contract Price and time for completion shall be adjusted in
order to reflect the impact of those changes, provided that, within 14 days of first having become aware of the
change, the Service Provider furnished the Employer with detailed justification for the adjustment to the
Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall be in
English.
3.4 Notices
3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and delivered by
hand, courier, registered post or email to the address stated in the Contract Data. A hand or courier delivery is
effective when acknowledged at that address; registered post is effective seven (7) days after posting; and
email is effective when transmitted without a delivery-failure notice, provided that a notice of default, termination
or dispute is also delivered by hand, courier or registered post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and, wherever
there is deadline for the receipt of the communication, he may demand evidence of receipt of his
communication. In any event, the sender shall take all the necessary measures to ensure receipt of
communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days advance notice
of such change.
3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and where the location
of a particular task is not so specified, at such locations as the Employer may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or publish material
related to the Services or Project within two (2) years of completion of the Services without the written approval
of the Employer, which approval shall not be unreasonably withheld.
3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context of the Contract
confidential and shall not divulge it without the written approval of the other Party except to the extent strictly
necessary to carry out obligations under this Contract or to comply with applicable laws.
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3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order variations to
the Services or may request the Service Provider to submit proposals, including the time and cost implications,
for variations to the Services. No variation shall have any force or effect unless reduced to writing and signed
by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the Contract
of any variations to the Services ordered by the Employer, including any change in the Contract Price, shall be
agreed in writing between the Service Provider and the Employer, prior to the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any additional cost
attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the Services and no
representation not contained therein shall be of any force or effect. No amendments will be of any force or
effect unless reduced to writing and signed by both Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents and
employees, from and against all actions, claims, losses and damage arising from any wilful or negligent act or
omission by the Service Provider or his sub-contractors in the performance of the Services, including any
violation of legal provisions, or rights of others, in respect of patents, trademarks and other forms of intellectual
property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not perform
the Services within the Period of Performance, the Employer shall without prejudice to his other remedies under
the Contract, be entitled to levy a penalty for every day or part thereof, which shall elapse between the end of
the period specified for performance, or an extended Period of Performance, and the actual date of completion,
at the rate and up to the maximum amount stated in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may after giving
notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not disclose
sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in the Contract Data.
3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not perform
the service of capturing structures inventory updates, the Employer shall be entitled to levy a penalty as stated
in the Contract Data.
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer shall be
entitled to levy a penalty for the additional time spent by the Employer to correct the documentation and/or
design to the required acceptable standard at the hourly tariffs as specified under Additional Duties.
3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by the Service
Provider with funds provided by the Employer for the performance of the Services shall be the property of the
Employer and shall be marked accordingly. Upon termination or expiration of the Contract, the Service
Provider shall make available to the Employer an inventory of such equipment and materials and shall dispose
of them in accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure the
equipment and materials referred to in 3.12.1 for their full replacement value.
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3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the Contract
requires him to undertake anything which is illegal or impossible.
3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer a
programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the Employer and
Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer and Others
to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the programme.
Where this is not practicable, the Service Provider shall advise the Employer accordingly and advise him of
alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and expected
future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of it being
invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the accomplishment of the
purpose of this Contract, the Employer and the Service Provider shall meet and review the matter to adopt
means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly stated
in writing, by the Party against whom such defence is raised, to be a waiver of such provisions and is
communicated to the other Party in writing in accordance with the provisions of Clause 3.4.
4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information and data
in the Employer’s possession which may be required for the performance of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other relevant
information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information furnished by
or on behalf of the Employer.
4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly referred to him in writing
by the Service Provider so as not to delay the performance of Services.
4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the proper
performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of the
Services;
4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;
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4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of the
Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal authorities having
jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving
communications on his behalf and interpreting and defining his policies and requirements in regard to the
Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of work
necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the duties and
responsibilities of the Service Provider in terms of the Contract or which imposes obligations on him, without
first obtaining the Service Provider’s written agreement thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope, cost or timing of
the Services, or on becoming aware of any defect or deficiency in the Services, the Employer shall immediately
advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any contract or
agreement, on behalf of the Employer, then the Employer shall issue instructions related to such work, services,
contract or agreement only through the Service Provider.
4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of the
Contract.
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all reasonable
care, diligence and skill in accordance with generally accepted professional techniques and standards and
shall be responsible for breach of professional duty by reason of any error, omission or neglect in connection
with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion in regard
to a contract or agreement between the Employer and Others, then the Service Provider shall act in respect of
that contract or agreement as an independent professional
5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider shall
designate one person to act as leader with authority to bind the joint venture or consortium. Neither the
composition nor the constitution of the joint venture or consortium shall be altered without the prior consent in
writing of the Employer, which shall not be unreasonably withheld.
5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary for the
purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ), and as the
Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service Provider shall
perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6 where applicable.
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for checking by
Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in terms of
clause 5.4.1.
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5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake work
on the Project of any of their duties, obligations, or responsibilities under their respective agreements or
contracts, unless expressly authorised by the Employer in response to an application by the Service Provider
in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall do so
in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the Employer from
all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such person shall
have complete authority to receive instructions from and give information to the Employer on behalf of the
Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force such
insurance policies in respect of their own risks in performing the Services as are stipulated in the Contract
Data, subject to the approval of the Employer, which approved shall not be unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that the
insurance required in terms of Clause 5.4.1 has been taken out with an insurance company registered in the
Republic of South Africa, or as otherwise approved by the Employer and maintained in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any of the
following actions:
a) appointing Sub-contractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may make
recommendations to the Employer in respect of the appointment of such Others. The Service Provider shall,
however, only be responsible for his own performance and the performance of sub-contractors unless
otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope, cost or timing of the
Services, the Service Provider shall give notice thereof to the Employer, save that the Service Provider is
empowered to make minor changes or variations within the overall programme or budget and within such
parameters as are defined by the Employer, provided that such changes are reported timeously to the
Employer.
5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s respective
obligations under the Contract) to preserve the integrity of the Employer’s data including appropriate back-up
procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service Provider, the
Employer shall at the Service Provider’s expense, have the option to:
5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with the
Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity requirements and
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the Employer’s information-security policies. Access shall be limited to authorised persons, information shall
be used only for the Contract, and any actual or suspected loss, unauthorised access or security compromise
shall be reported to the Employer immediately. On completion or termination, the Service Provider shall return
or securely destroy information as instructed, subject to lawful record-retention requirements.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper performance
in the amount and currencies stated in the Contract Data. If an amount is not stated in the Contract Data, this
sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date of issue
of the Letter of Acceptance. The Performance Security shall be issued by an insurance company or bank
registered or licensed as an insurance company or bank to do business in the Republic of South Africa and
approved by the Employer and having an office or banking facility in the Republic of South Africa. The
Performance Security shall be subject to approval by the Employer and shall be in the form prescribed in the
tender documents.
6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s sole
remuneration in connection with the Contract, or the Services, and the Service Provider shall not accept for his
own benefit any trade commission, discount, or similar payment in connection with activities pursuant to the
Contract, or in the discharge of his obligations under the Contract, and shall use his best efforts to ensure that
the Personnel, any Sub-contractors, and agents of either of them shall, similarly, not receive any additional
remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity
or commission in respect of any patented or protected article or process used in or for the purposes of the
Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forebore to do any act in relation
to the obtaining or performance of this contract or any other contract with the Employer or for showing or
forbearing to show favour or disfavour to any person in relation to this contract; nor
(b) Enter into this contract if in connection with it commission or a reward of any type has been paid, offered
or agreed to be paid to any person of the Employer by the Service Provider or on his behalf or knowledge.
6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a breach
of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone employed by
him or acting on his behalf in relation to this contract or any other agreement with the Employer, the Employer
may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon the
Service Provider to show cause, in writing, within fourteen (14) days of receipt of the written notice why
the Employer should not terminate this Contract on the grounds of the alleged breach(es) of Clause 6.4.1
of this Contract;
(b) withhold all payments due;
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to respond
to the Employer’s written response, to satisfy the Employer that his opinion is unfounded. Provided always
that such termination shall not prejudice or affect any right of action or remedy, which shall have accrued
or shall accrue thereafter to the Employer and provided also that the Employer may recover from the
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Service Provider such sum as the Employer deems equivalent to the amount or value of any such gift,
consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that any contract
with a Government or public sector body has been or was obtained by the Service Provider through actions
that mutatis mutandis are similar in nature to those barred in terms of Clause 6.4.2 by the Service Provider or
by anyone employed by the Service Provider or acting on the Service Provider’s behalf in relation to such
Contract, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon
the Service Provider to show cause, in writing within fourteen (14) days of receipt of the written notice
why the Employer should not terminate this Contract on the grounds of the alleged breach(es) of
Clause 6.4.1 of this contract;
(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to
respond to the Employer’s written notice within the prescribed time, or fails, in his written response, to
satisfy the Employer that this opinion is unfounded. Provided always that such termination shall not
prejudice or affect any right of action or remedy, which shall have accrued or shall accrue thereafter to
the Employer.
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms of the
Contract and shall enter all data pertaining to Personnel including titles, job descriptions, qualifications and
estimated periods of engagement on the performance of the Services in the Personnel Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of time
indicated therein. The Service Provider may, subject to the approval of the Employer, make such adjustments
to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the efficient performance
of the Services, provided that the adjustments will not cause payments to exceed any limit placed on the
Contract Price.
7.1.3 The Service Provider shall:
(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel Schedule
and a timetable for the placement of Personnel.
(b) inform the Employer of the date of commencement and departure of each member of Personnel during
the course of the Project.
(c) submit to the Employer for his approval a timely request for any proposed change to Personnel, or
timetables.
7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to perform the
Services.
7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in the
Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made available, the
Service Provider may engage a replacement who is equally or better qualified to perform the stated duty,
subject to the Employer’s approval, which approval shall not be unreasonably withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he shall submit
the name, relevant qualifications and experience of the proposed replacement person to the Employer for
approval.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replacement shall
not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement not
provided for by the Contract, the Service Provider shall bear all additional costs arising out of or incidental to
such replacement.
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7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment
necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays for Personnel
provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to be determined by
the Service Provider. The Employer will not be responsible for overtime payments to Personnel unless so
specifically provided for in the Pricing Schedule.
Contract
8.1 Commencement
The effective date of the contract shall be the date of the Form of Acceptance.
The Contract shall come into effect on the date that it is signed by both Parties or such later date as may be
stated in the Contract Data. The Service Provider shall commence the performance of the Services within thirty
(30) days after the date that the Contract becomes effective, or such date as may be specified in the Contract
Data. The supervision phase shall commence on the date confirmed by the Employer at the Works Contract
hand-over meeting.
8.2 Completion
8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract shall be
concluded when the Service Provider has completed all Deliverables in accordance with the Scope of Work.
8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed in
completing the Contract by any of the following causes:
a) variations to Services ordered by the Employer.
b) failure of the Employer to fulfil his obligations under the Contract.
c) any delay in the performance of the Services which is not due to the Service Provider’s default.
d) Force Majeure
8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the Employer of
his intention to make a request for the extension of the Period of Performance to which he considers himself
entitled and shall within 30 days thereafter deliver to the Employer full and detailed particulars of the request,
in order that it may be investigated at the time.
8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period of
Performance as may be justified, either prospectively or retrospectively, or inform the Service Provider that he
is not entitled to an extension. Should the Service Provider find the decision of the Employer to be unacceptable
he shall, nevertheless, abide by such decision in the performance of the services and the matter shall be dealt
with as a dispute in terms of Clause 12.
8.3 Force Majeure
8.3.1 In this clause “Force Majeure” means an exceptional event or circumstance:
(a) which is beyond party’s control,
(b) which such a party could not reasonably have provided against before entering into the Contract,
(c) which, having arisen, such Party could not reasonably have avoided or overcome, and
(d) which is not substantially attributable to the other Party
Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below;
(i) natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity
(ii) war, hostilities (whether war to be declared or not), invasion, act of foreign enemies,
(iii) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,
(iv) riot, commotion, disorder, strike or lockout by persons other than the Service Provider’s Personnel or
other employees of the Service Provider and Sub-contractors,
An event or circumstance which is attributable to a wilful act, neglect or failure to take reasonable precautions by the
affected party, his employees agents, sub-contractors or others shall, under no circumstances, be considered Force
Majeure.
The document which defines the Employer’s objectives and requirements and specifies the Services
which must, or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to perform the
Services described in the Contract, and legal successors to the Service Provider and legally permitted
assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the Scope
of Work.
Sub-contractor
A person or body corporate who enters into a sub-contract with the Service Provider to perform part of
the Services.
Targeted Enterprise
A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service
Provider to perform a tendered percentage of work stated in the Contract Data under his guidance and
which complies with the following:
a) is at least 51% owned by black people: and
b) has a B-BBEE status* of “level one or level two contributor’; and
c) does not share equity holding with the Service Provider; and
d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act,
1984 (Act No. ); and
e) is registered on the National Treasury’s Central Supplier Database (CSD).
Sector Codes published in Notice in Government Gazette No 41287 on 1
December 2017.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective functions/duties as
defined under the Contract.
Transferred Road
A provincial or other public road, road section or related asset that is declared or incorporated into the
national road network and is formally handed over to SANRAL, or that the Employer instructs the
Service Provider in writing to assess or manage pending such transfer, subject to the Contract’s
variation and payment provisions.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the service
provider has been appointed for the performance of the services specified in this contract.
Youth
For purposes of this contract, Youth means persons between the ages of 16 and 35.
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
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b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the
purposes of interpretation, the priority of documents shall be in accordance with the following
sequence:
a) the Form of Acceptance
b) the Form of Offer
c) the Contract Data
d) the General Conditions of Contract
e) the Scope of Work
f) the Pricing Schedule and any other documents forming part of the Contract.
2.3 If there is any conflict between the provisions of these General Conditions of Contract and the
Contract Data, the provisions of the Contract Data shall prevail.
2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other
laws including the South African Common Law, and regulations and by-laws of any legally constituted
public authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a result
of changes in, or additions to, any statute, regulation or bye-law, or the requirements of any authority
having jurisdiction over any matter in respect of the Project, then the Contract Price and time for
completion shall be adjusted in order to reflect the impact of those changes, provided that, within 14
days of first having become aware of the change, the Service Provider furnished the Employer with
detailed justification for the adjustment to the Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall
be in English.
3.4 Notices
3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and
delivered by hand, courier, registered post or email to the address stated in the Contract Data. A
hand or courier delivery is effective when acknowledged at that address; registered post is effective
seven (7) days after posting; and email is effective when transmitted without a delivery-failure notice,
provided that a notice of default, termination or dispute is also delivered by hand, courier or registered
post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and,
wherever there is deadline for the receipt of the communication, he may demand evidence of receipt
of his communication. In any event, the sender shall take all the necessary measures to ensure
receipt of communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days
advance notice of such change.
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3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and where
the location of a particular task is not so specified, at such locations as the Employer may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or
publish material related to the Services or Project within two (2) years of completion of the Services
without the written approval of the Employer, which approval shall not be unreasonably withheld.
3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context of the
Contract confidential and shall not divulge it without the written approval of the other Party except to
the extent strictly necessary to carry out obligations under this Contract or to comply with applicable
laws.
3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order
variations to the Services or may request the Service Provider to submit proposals, including the
time and cost implications, for variations to the Services. No variation shall have any force or effect
unless reduced to writing and signed by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the
Contract of any variations to the Services ordered by the Employer, including any change in the
Contract Price, shall be agreed in writing between the Service Provider and the Employer, prior to
the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any
additional cost attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the Services
and no representation not contained therein shall be of any force or effect. No amendments will be
of any force or effect unless reduced to writing and signed by both Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its
agents and employees, from and against all actions, claims, losses and damage arising from any
wilful or negligent act or omission by the Service Provider or his sub-contractors in the performance
of the Services, including any violation of legal provisions, or rights of others, in respect of patents,
trademarks and other forms of intellectual property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does
not perform the Services within the Period of Performance, the Employer shall without prejudice to
his other remedies under the Contract, be entitled to levy a penalty for every day or part thereof,
which shall elapse between the end of the period specified for performance, or an extended Period
of Performance, and the actual date of completion, at the rate and up to the maximum amount stated
in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may
after giving notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
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3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does
not disclose sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated
in the Contract Data.
3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does
not perform the service of capturing structures inventory updates, the Employer shall be entitled to
levy a penalty as stated in the Contract Data.
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer
shall be entitled to levy a penalty for the additional time spent by the Employer to correct the
documentation and/or design to the required acceptable standard at the hourly tariffs as specified
under Additional Duties.
3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by
the Service Provider with funds provided by the Employer for the performance of the Services shall
be the property of the Employer and shall be marked accordingly. Upon termination or expiration of
the Contract, the Service Provider shall make available to the Employer an inventory of such
equipment and materials and shall dispose of them in accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure
the equipment and materials referred to in 3.12.1 for their full replacement value.
3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the
Contract requires him to undertake anything which is illegal or impossible.
3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer
a programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the
Employer and Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer
and Others to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the
programme. Where this is not practicable, the Service Provider shall advise the Employer accor-
dingly and advise him of alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and
expected future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of
it being invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the
accomplishment of the purpose of this Contract, the Employer and the Service Provider shall meet
and review the matter to adopt means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly
stated in writing, by the Party against whom such defence is raised, to be a waiver of such provisions
and is communicated to the other Party in writing in accordance with the provisions of Clause 3.4.
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4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information
and data in the Employer’s possession which may be required for the performance of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other
relevant information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information
furnished by or on behalf of the Employer.
4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly referred to
him in writing by the Service Provider so as not to delay the performance of Services.
4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the
proper performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance
of the Services;
4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;
4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of
the Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal
authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving
communications on his behalf and interpreting and defining his policies and requirements in regard
to the Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of
work necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the
duties and responsibilities of the Service Provider in terms of the Contract or which imposes
obligations on him, without first obtaining the Service Provider’s written agreement thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope, cost or
timing of the Services, or on becoming aware of any defect or deficiency in the Services, the
Employer shall immediately advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any contract
or agreement, on behalf of the Employer, then the Employer shall issue instructions related to such
work, services, contract or agreement only through the Service Provider.
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4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of
the Contract.
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all
reasonable care, diligence and skill in accordance with generally accepted professional techniques
and standards and shall be responsible for breach of professional duty by reason of any error,
omission or neglect in connection with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion
in regard to a contract or agreement between the Employer and Others, then the Service Provider
shall act in respect of that contract or agreement as an independent professional
5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider
shall designate one person to act as leader with authority to bind the joint venture or consortium.
Neither the composition nor the constitution of the joint venture or consortium shall be altered without
the prior consent in writing of the Employer, which shall not be unreasonably withheld.
5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s
mandatary for the purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act
No. ), and as the Client’s agent in terms of regulation 5(5) of the Construction Regulations,
duties in regulation 6 where applicable.
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for
checking by Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in
terms of clause 5.4.1.
5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to under-
take work on the Project of any of their duties, obligations, or responsibilities under their respective
agreements or contracts, unless expressly authorised by the Employer in response to an application
by the Service Provider in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider
shall do so in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify
the Employer from all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such person
shall have complete authority to receive instructions from and give information to the Employer on
behalf of the Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force
such insurance policies in respect of their own risks in performing the Services as are stipulated in
the Contract Data, subject to the approval of the Employer, which approved shall not be
unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing
that the insurance required in terms of Clause 5.4.1 has been taken out with an insurance company
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registered in the Republic of South Africa, or as otherwise approved by the Employer and maintained
in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia,
any of the following actions:
a) appointing Sub-contractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may make
recommendations to the Employer in respect of the appointment of such Others. The Service
Provider shall, however, only be responsible for his own performance and the performance of sub-
contractors unless otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope, cost or
timing of the Services, the Service Provider shall give notice thereof to the Employer, save that the
Service Provider is empowered to make minor changes or variations within the overall programme
or budget and within such parameters as are defined by the Employer, provided that such changes
are reported timeously to the Employer.
5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s
respective obligations under the Contract) to preserve the integrity of the Employer’s data including
appropriate back-up procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service
Provider, the Employer shall at the Service Provider’s expense, have the option to:
5.8.3 The Service Provider shall process personal information and protect Employer data in accordance
with the Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity
requirements and the Employer’s information-security policies. Access shall be limited to authorised
persons, information shall be used only for the Contract, and any actual or suspected loss,
unauthorised access or security compromise shall be reported to the Employer immediately. On
completion or termination, the Service Provider shall return or securely destroy information as
instructed, subject to lawful record-retention requirements.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper
performance in the amount and currencies stated in the Contract Data. If an amount is not stated in
the Contract Data, this sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of the
date of issue of the Letter of Acceptance. The Performance Security shall be issued by an insurance
company or bank registered or licensed as an insurance company or bank to do business in the
Republic of South Africa and approved by the Employer and having an office or banking facility in
the Republic of South Africa. The Performance Security shall be subject to approval by the Employer
and shall be in the form prescribed in the tender documents.
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6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s
sole remuneration in connection with the Contract, or the Services, and the Service Provider shall
not accept for his own benefit any trade commission, discount, or similar payment in connection with
activities pursuant to the Contract, or in the discharge of his obligations under the Contract, and shall
use his best efforts to ensure that the Personnel, any Sub-contractors, and agents of either of them
shall, similarly, not receive any additional remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any
gratuity or commission in respect of any patented or protected article or process used in or for the
purposes of the Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind
as an inducement or reward for doing or forbearing to do or for having done or forebore to do
any act in relation to the obtaining or performance of this contract or any other contract with the
Employer or for showing or forbearing to show favour or disfavour to any person in relation to
this contract; nor
(b) Enter into this contract if in connection with it commission or a reward of any type has been paid,
offered or agreed to be paid to any person of the Employer by the Service Provider or on his
behalf or knowledge.
6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that
a breach of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or
anyone employed by him or acting on his behalf in relation to this contract or any other agreement
with the Employer, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,
informing him of the Employer’s opinion and the grounds and reasons upon which it is based,
and calling upon the Service Provider to show cause, in writing, within fourteen (14) days of
receipt of the written notice why the Employer should not terminate this Contract on the grounds
of the alleged breach(es) of Clause 6.4.1 of this Contract;
(b) withhold all payments due;
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to
respond to the Employer’s written response, to satisfy the Employer that his opinion is
unfounded. Provided always that such termination shall not prejudice or affect any right of action
or remedy, which shall have accrued or shall accrue thereafter to the Employer and provided
also that the Employer may recover from the Service Provider such sum as the Employer deems
equivalent to the amount or value of any such gift, consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that
any contract with a Government or public sector body has been or was obtained by the Service
Provider through actions that mutatis mutandis are similar in nature to those barred in terms of
Clause 6.4.2 by the Service Provider or by anyone employed by the Service Provider or acting on
the Service Provider’s behalf in relation to such Contract, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,
informing him of the Employer’s opinion and the grounds and reasons upon which it is based,
and calling upon the Service Provider to show cause, in writing within fourteen (14) days of
receipt of the written notice why the Employer should not terminate this Contract on the
grounds of the alleged breach(es) of Clause 6.4.1 of this contract;
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(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider
fails to respond to the Employer’s written notice within the prescribed time, or fails, in his
written response, to satisfy the Employer that this opinion is unfounded. Provided always
that such termination shall not prejudice or affect any right of action or remedy, which shall
have accrued or shall accrue thereafter to the Employer.
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms
of the Contract and shall enter all data pertaining to Personnel including titles, job descriptions, quali-
fications and estimated periods of engagement on the performance of the Services in the Personnel
Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods
of time indicated therein. The Service Provider may, subject to the approval of the Employer, make
such adjustments to the data provided in terms of Clause 7.1.1 above as may be appropriate to
ensure the efficient performance of the Services, provided that the adjustments will not cause pay-
ments to exceed any limit placed on the Contract Price.
7.1.3 The Service Provider shall:
(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel
Schedule and a timetable for the placement of Personnel.
(b) inform the Employer of the date of commencement and departure of each member of Personnel
during the course of the Project.
(c) submit to the Employer for his approval a timely request for any proposed change to Personnel,
or timetables.
7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to
perform the Services.
7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in
the Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made
available, the Service Provider may engage a replacement who is equally or better qualified to per-
form the stated duty, subject to the Employer’s approval, which approval shall not be unreasonably
withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he
shall submit the name, relevant qualifications and experience of the proposed replacement person
to the Employer for approval.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replace-
ment shall not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replace-
ment not provided for by the Contract, the Service Provider shall bear all additional costs arising out
of or incidental to such replacement.
7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equip-
ment necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays for
Personnel provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to
be determined by the Service Provider. The Employer will not be responsible for overtime payments
to Personnel unless so specifically provided for in the Pricing Schedule.
The document which defines the Employer’s objectives and requirements and specifies the Services which must,
or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to perform the Services
described in the Contract, and legal successors to the Service Provider and legally permitted assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of Work.
Sub-contractor
A person or body corporate who enters into a sub-contract with the Service Provider to perform part of the
Services.
Targeted Enterprise
A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider to
perform a tendered percentage of work stated in the Contract Data under his guidance and which complies with
the following:
a) is at least 51% owned by black people: and
b) has a B-BBEE status* of “level one or level two contributor’; and
c) does not share equity holding with the Service Provider; and
d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984 (Act
No. ); and
e) is registered on the National Treasury’s Central Supplier Database (CSD).
published in Notice in Government Gazette No 41287 on 1 December 2017.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective functions/duties as defined under
the Contract.
Transferred Road
A provincial or other public road, road section or related asset that is declared or incorporated into the national
road network and is formally handed over to SANRAL, or that the Employer instructs the Service Provider in
writing to assess or manage pending such transfer, subject to the Contract’s variation and payment provisions.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the service provider has
been appointed for the performance of the services specified in this contract.
Youth
For purposes of this contract, Youth means persons between the ages of 16 and 35.
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes
of interpretation, the priority of documents shall be in accordance with the following sequence:
a) the Form of Acceptance
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b) the Form of Offer
c) the Contract Data
d) the General Conditions of Contract
e) the Scope of Work
f) the Pricing Schedule and any other documents forming part of the Contract.
2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract Data,
the provisions of the Contract Data shall prevail.
2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other laws
including the South African Common Law, and regulations and by-laws of any legally constituted public
authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a result of changes
in, or additions to, any statute, regulation or bye-law, or the requirements of any authority having jurisdiction
over any matter in respect of the Project, then the Contract Price and time for completion shall be adjusted in
order to reflect the impact of those changes, provided that, within 14 days of first having become aware of the
change, the Service Provider furnished the Employer with detailed justification for the adjustment to the
Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall be in
English.
3.4 Notices
3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and delivered by
hand, courier, registered post or email to the address stated in the Contract Data. A hand or courier delivery is
effective when acknowledged at that address; registered post is effective seven (7) days after posting; and
email is effective when transmitted without a delivery-failure notice, provided that a notice of default, termination
or dispute is also delivered by hand, courier or registered post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and, wherever
there is deadline for the receipt of the communication, he may demand evidence of receipt of his
communication. In any event, the sender shall take all the necessary measures to ensure receipt of
communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days advance notice
of such change.
3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and where the location
of a particular task is not so specified, at such locations as the Employer may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or publish material
related to the Services or Project within two (2) years of completion of the Services without the written approval
of the Employer, which approval shall not be unreasonably withheld.
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3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context of the Contract
confidential and shall not divulge it without the written approval of the other Party except to the extent strictly
necessary to carry out obligations under this Contract or to comply with applicable laws.
3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order variations to
the Services or may request the Service Provider to submit proposals, including the time and cost implications,
for variations to the Services. No variation shall have any force or effect unless reduced to writing and signed
by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the Contract
of any variations to the Services ordered by the Employer, including any change in the Contract Price, shall be
agreed in writing between the Service Provider and the Employer, prior to the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any additional cost
attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the Services and no
representation not contained therein shall be of any force or effect. No amendments will be of any force or
effect unless reduced to writing and signed by both Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents and
employees, from and against all actions, claims, losses and damage arising from any wilful or negligent act or
omission by the Service Provider or his sub-contractors in the performance of the Services, including any
violation of legal provisions, or rights of others, in respect of patents, trademarks and other forms of intellectual
property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not perform
the Services within the Period of Performance, the Employer shall without prejudice to his other remedies under
the Contract, be entitled to levy a penalty for every day or part thereof, which shall elapse between the end of
the period specified for performance, or an extended Period of Performance, and the actual date of completion,
at the rate and up to the maximum amount stated in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may after giving
notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not disclose
sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in the Contract Data.
3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not perform
the service of capturing structures inventory updates, the Employer shall be entitled to levy a penalty as stated
in the Contract Data.
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer shall be
entitled to levy a penalty for the additional time spent by the Employer to correct the documentation and/or
design to the required acceptable standard at the hourly tariffs as specified under Additional Duties.
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3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by the Service
Provider with funds provided by the Employer for the performance of the Services shall be the property of the
Employer and shall be marked accordingly. Upon termination or expiration of the Contract, the Service
Provider shall make available to the Employer an inventory of such equipment and materials and shall dispose
of them in accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure the
equipment and materials referred to in 3.12.1 for their full replacement value.
3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the Contract
requires him to undertake anything which is illegal or impossible.
3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer a
programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the Employer and
Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer and Others
to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the programme.
Where this is not practicable, the Service Provider shall advise the Employer accordingly and advise him of
alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and expected
future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of it being
invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the accomplishment of the
purpose of this Contract, the Employer and the Service Provider shall meet and review the matter to adopt
means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly stated
in writing, by the Party against whom such defence is raised, to be a waiver of such provisions and is
communicated to the other Party in writing in accordance with the provisions of Clause 3.4.
4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information and data
in the Employer’s possession which may be required for the performance of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other relevant
information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information furnished by
or on behalf of the Employer.
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4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly referred to him in writing
by the Service Provider so as not to delay the performance of Services.
4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the proper
performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of the
Services;
4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;
4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of the
Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal authorities having
jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving
communications on his behalf and interpreting and defining his policies and requirements in regard to the
Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of work
necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the duties and
responsibilities of the Service Provider in terms of the Contract or which imposes obligations on him, without
first obtaining the Service Provider’s written agreement thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope, cost or timing of
the Services, or on becoming aware of any defect or deficiency in the Services, the Employer shall immediately
advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any contract or
agreement, on behalf of the Employer, then the Employer shall issue instructions related to such work, services,
contract or agreement only through the Service Provider.
4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of the
Contract.
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all reasonable
care, diligence and skill in accordance with generally accepted professional techniques and standards and
shall be responsible for breach of professional duty by reason of any error, omission or neglect in connection
with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion in regard
to a contract or agreement between the Employer and Others, then the Service Provider shall act in respect of
that contract or agreement as an independent professional
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5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider shall
designate one person to act as leader with authority to bind the joint venture or consortium. Neither the
composition nor the constitution of the joint venture or consortium shall be altered without the prior consent in
writing of the Employer, which shall not be unreasonably withheld.
5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary for the
purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ), and as the
Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service Provider shall
perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6 where applicable.
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for checking by
Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in terms of
clause 5.4.1.
5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake work
on the Project of any of their duties, obligations, or responsibilities under their respective agreements or
contracts, unless expressly authorised by the Employer in response to an application by the Service Provider
in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall do so
in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the Employer from
all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such person shall
have complete authority to receive instructions from and give information to the Employer on behalf of the
Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force such
insurance policies in respect of their own risks in performing the Services as are stipulated in the Contract
Data, subject to the approval of the Employer, which approved shall not be unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that the
insurance required in terms of Clause 5.4.1 has been taken out with an insurance company registered in the
Republic of South Africa, or as otherwise approved by the Employer and maintained in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any of the
following actions:
a) appointing Sub-contractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may make
recommendations to the Employer in respect of the appointment of such Others. The Service Provider shall,
however, only be responsible for his own performance and the performance of sub-contractors unless
otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope, cost or timing of the
Services, the Service Provider shall give notice thereof to the Employer, save that the Service Provider is
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empowered to make minor changes or variations within the overall programme or budget and within such
parameters as are defined by the Employer, provided that such changes are reported timeously to the
Employer.
5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s respective
obligations under the Contract) to preserve the integrity of the Employer’s data including appropriate back-up
procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service Provider, the
Employer shall at the Service Provider’s expense, have the option to:
5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with the
Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity requirements and
the Employer’s information-security policies. Access shall be limited to authorised persons, information shall
be used only for the Contract, and any actual or suspected loss, unauthorised access or security compromise
shall be reported to the Employer immediately. On completion or termination, the Service Provider shall return
or securely destroy information as instructed, subject to lawful record-retention requirements.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper performance
in the amount and currencies stated in the Contract Data. If an amount is not stated in the Contract Data, this
sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date of issue
of the Letter of Acceptance. The Performance Security shall be issued by an insurance company or bank
registered or licensed as an insurance company or bank to do business in the Republic of South Africa and
approved by the Employer and having an office or banking facility in the Republic of South Africa. The
Performance Security shall be subject to approval by the Employer and shall be in the form prescribed in the
tender documents.
6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s sole
remuneration in connection with the Contract, or the Services, and the Service Provider shall not accept for his
own benefit any trade commission, discount, or similar payment in connection with activities pursuant to the
Contract, or in the discharge of his obligations under the Contract, and shall use his best efforts to ensure that
the Personnel, any Sub-contractors, and agents of either of them shall, similarly, not receive any additional
remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity
or commission in respect of any patented or protected article or process used in or for the purposes of the
Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forebore to do any act in relation
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to the obtaining or performance of this contract or any other contract with the Employer or for showing or
forbearing to show favour or disfavour to any person in relation to this contract; nor
(b) Enter into this contract if in connection with it commission or a reward of any type has been paid, offered
or agreed to be paid to any person of the Employer by the Service Provider or on his behalf or knowledge.
6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a breach
of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone employed by
him or acting on his behalf in relation to this contract or any other agreement with the Employer, the Employer
may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon the
Service Provider to show cause, in writing, within fourteen (14) days of receipt of the written notice why
the Employer should not terminate this Contract on the grounds of the alleged breach(es) of Clause 6.4.1
of this Contract;
(b) withhold all payments due;
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to respond
to the Employer’s written response, to satisfy the Employer that his opinion is unfounded. Provided always
that such termination shall not prejudice or affect any right of action or remedy, which shall have accrued
or shall accrue thereafter to the Employer and provided also that the Employer may recover from the
Service Provider such sum as the Employer deems equivalent to the amount or value of any such gift,
consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that any contract
with a Government or public sector body has been or was obtained by the Service Provider through actions
that mutatis mutandis are similar in nature to those barred in terms of Clause 6.4.2 by the Service Provider or
by anyone employed by the Service Provider or acting on the Service Provider’s behalf in relation to such
Contract, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon
the Service Provider to show cause, in writing within fourteen (14) days of receipt of the written notice
why the Employer should not terminate this Contract on the grounds of the alleged breach(es) of
Clause 6.4.1 of this contract;
(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to
respond to the Employer’s written notice within the prescribed time, or fails, in his written response, to
satisfy the Employer that this opinion is unfounded. Provided always that such termination shall not
prejudice or affect any right of action or remedy, which shall have accrued or shall accrue thereafter to
the Employer.
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms of the
Contract and shall enter all data pertaining to Personnel including titles, job descriptions, qualifications and
estimated periods of engagement on the performance of the Services in the Personnel Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of time
indicated therein. The Service Provider may, subject to the approval of the Employer, make such adjustments
to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the efficient performance
of the Services, provided that the adjustments will not cause payments to exceed any limit placed on the
Contract Price.
7.1.3 The Service Provider shall:
(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel Schedule
and a timetable for the placement of Personnel.
(b) inform the Employer of the date of commencement and departure of each member of Personnel during
the course of the Project.
(c) submit to the Employer for his approval a timely request for any proposed change to Personnel, or
timetables.
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7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to perform the
Services.
7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in the
Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made available, the
Service Provider may engage a replacement who is equally or better qualified to perform the stated duty,
subject to the Employer’s approval, which approval shall not be unreasonably withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he shall submit
the name, relevant qualifications and experience of the proposed replacement person to the Employer for
approval.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replacement shall
not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement not
provided for by the Contract, the Service Provider shall bear all additional costs arising out of or incidental to
such replacement.
7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment
necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays for Personnel
provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to be determined by
the Service Provider. The Employer will not be responsible for overtime payments to Personnel unless so
specifically provided for in the Pricing Schedule.
Contract
8.1 Commencement
The effective date of the contract shall be the date of the Form of Acceptance.
The Contract shall come into effect on the date that it is signed by both Parties or such later date as may be
stated in the Contract Data. The Service Provider shall commence the performance of the Services within thirty
(30) days after the date that the Contract becomes effective, or such date as may be specified in the Contract
Data. The supervision phase shall commence on the date confirmed by the Employer at the Works Contract
hand-over meeting.
8.2 Completion
8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract shall be
concluded when the Service Provider has completed all Deliverables in accordance with the Scope of Work.
8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed in
completing the Contract by any of the following causes:
a) variations to Services ordered by the Employer.
b) failure of the Employer to fulfil his obligations under the Contract.
c) any delay in the performance of the Services which is not due to the Service Provider’s default.
d) Force Majeure
8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the Employer of
his intention to make a request for the extension of the Period of Performance to which he considers himself
entitled and shall within 30 days thereafter deliver to the Employer full and detailed particulars of the request,
in order that it may be investigated at the time.
8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period of
Performance as may be justified, either prospectively or retrospectively, or inform the Service Provider that he
The document which defines the Employer’s objectives and requirements and specifies the Services which must,
or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to perform the Services
described in the Contract, and legal successors to the Service Provider and legally permitted assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of Work.
Sub-contractor
A person or body corporate who enters into a sub-contract with the Service Provider to perform part of the
Services.
Targeted Enterprise
A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider to
perform a tendered percentage of work stated in the Contract Data under his guidance and which complies with
the following:
a) is at least 51% owned by black people: and
b) has a B-BBEE status* of “level one or level two contributor’; and
c) does not share equity holding with the Service Provider; and
d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984 (Act
No. ); and
e) is registered on the National Treasury’s Central Supplier Database (CSD).
published in Notice in Government Gazette No 41287 on 1 December 2017.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective functions/duties as defined under
the Contract.
Transferred Road
A provincial or other public road, road section or related asset that is declared or incorporated into the national
road network and is formally handed over to SANRAL, or that the Employer instructs the Service Provider in
writing to assess or manage pending such transfer, subject to the Contract’s variation and payment provisions.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the service provider has
been appointed for the performance of the services specified in this contract.
Youth
For purposes of this contract, Youth means persons between the ages of 16 and 35.
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes
of interpretation, the priority of documents shall be in accordance with the following sequence:
a) the Form of Acceptance
b) the Form of Offer
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c) the Contract Data
d) the General Conditions of Contract
e) the Scope of Work
f) the Pricing Schedule and any other documents forming part of the Contract.
2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract Data,
the provisions of the Contract Data shall prevail.
2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other laws
including the South African Common Law, and regulations and by-laws of any legally constituted public
authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a result of changes
in, or additions to, any statute, regulation or bye-law, or the requirements of any authority having jurisdiction
over any matter in respect of the Project, then the Contract Price and time for completion shall be adjusted in
order to reflect the impact of those changes, provided that, within 14 days of first having become aware of the
change, the Service Provider furnished the Employer with detailed justification for the adjustment to the
Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall be in
English.
3.4 Notices
3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and delivered by
hand, courier, registered post or email to the address stated in the Contract Data. A hand or courier delivery is
effective when acknowledged at that address; registered post is effective seven (7) days after posting; and
email is effective when transmitted without a delivery-failure notice, provided that a notice of default, termination
or dispute is also delivered by hand, courier or registered post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and, wherever
there is deadline for the receipt of the communication, he may demand evidence of receipt of his
communication. In any event, the sender shall take all the necessary measures to ensure receipt of
communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days advance notice
of such change.
3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and where the location
of a particular task is not so specified, at such locations as the Employer may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or publish material
related to the Services or Project within two (2) years of completion of the Services without the written approval
of the Employer, which approval shall not be unreasonably withheld.
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3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context of the Contract
confidential and shall not divulge it without the written approval of the other Party except to the extent strictly
necessary to carry out obligations under this Contract or to comply with applicable laws.
3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order variations to
the Services or may request the Service Provider to submit proposals, including the time and cost implications,
for variations to the Services. No variation shall have any force or effect unless reduced to writing and signed
by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the Contract
of any variations to the Services ordered by the Employer, including any change in the Contract Price, shall be
agreed in writing between the Service Provider and the Employer, prior to the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any additional cost
attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the Services and no
representation not contained therein shall be of any force or effect. No amendments will be of any force or
effect unless reduced to writing and signed by both Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents and
employees, from and against all actions, claims, losses and damage arising from any wilful or negligent act or
omission by the Service Provider or his sub-contractors in the performance of the Services, including any
violation of legal provisions, or rights of others, in respect of patents, trademarks and other forms of intellectual
property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not perform
the Services within the Period of Performance, the Employer shall without prejudice to his other remedies under
the Contract, be entitled to levy a penalty for every day or part thereof, which shall elapse between the end of
the period specified for performance, or an extended Period of Performance, and the actual date of completion,
at the rate and up to the maximum amount stated in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may after giving
notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not disclose
sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in the Contract Data.
3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not perform
the service of capturing structures inventory updates, the Employer shall be entitled to levy a penalty as stated
in the Contract Data.
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer shall be
entitled to levy a penalty for the additional time spent by the Employer to correct the documentation and/or
design to the required acceptable standard at the hourly tariffs as specified under Additional Duties.
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3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by the Service
Provider with funds provided by the Employer for the performance of the Services shall be the property of the
Employer and shall be marked accordingly. Upon termination or expiration of the Contract, the Service
Provider shall make available to the Employer an inventory of such equipment and materials and shall dispose
of them in accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure the
equipment and materials referred to in 3.12.1 for their full replacement value.
3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the Contract
requires him to undertake anything which is illegal or impossible.
3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer a
programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the Employer and
Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer and Others
to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the programme.
Where this is not practicable, the Service Provider shall advise the Employer accordingly and advise him of
alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and expected
future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of it being
invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the accomplishment of the
purpose of this Contract, the Employer and the Service Provider shall meet and review the matter to adopt
means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly stated
in writing, by the Party against whom such defence is raised, to be a waiver of such provisions and is
communicated to the other Party in writing in accordance with the provisions of Clause 3.4.
4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information and data
in the Employer’s possession which may be required for the performance of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other relevant
information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information furnished by
or on behalf of the Employer.
4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly referred to him in writing
by the Service Provider so as not to delay the performance of Services.
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4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the proper
performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of the
Services;
4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;
4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of the
Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal authorities having
jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving
communications on his behalf and interpreting and defining his policies and requirements in regard to the
Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of work
necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the duties and
responsibilities of the Service Provider in terms of the Contract or which imposes obligations on him, without
first obtaining the Service Provider’s written agreement thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope, cost or timing of
the Services, or on becoming aware of any defect or deficiency in the Services, the Employer shall immediately
advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any contract or
agreement, on behalf of the Employer, then the Employer shall issue instructions related to such work, services,
contract or agreement only through the Service Provider.
4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of the
Contract.
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all reasonable
care, diligence and skill in accordance with generally accepted professional techniques and standards and
shall be responsible for breach of professional duty by reason of any error, omission or neglect in connection
with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion in regard
to a contract or agreement between the Employer and Others, then the Service Provider shall act in respect of
that contract or agreement as an independent professional
5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider shall
designate one person to act as leader with authority to bind the joint venture or consortium. Neither the
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composition nor the constitution of the joint venture or consortium shall be altered without the prior consent in
writing of the Employer, which shall not be unreasonably withheld.
5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary for the
purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ), and as the
Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service Provider shall
perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6 where applicable.
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for checking by
Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in terms of
clause 5.4.1.
5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake work
on the Project of any of their duties, obligations, or responsibilities under their respective agreements or
contracts, unless expressly authorised by the Employer in response to an application by the Service Provider
in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall do so
in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the Employer from
all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such person shall
have complete authority to receive instructions from and give information to the Employer on behalf of the
Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force such
insurance policies in respect of their own risks in performing the Services as are stipulated in the Contract
Data, subject to the approval of the Employer, which approved shall not be unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that the
insurance required in terms of Clause 5.4.1 has been taken out with an insurance company registered in the
Republic of South Africa, or as otherwise approved by the Employer and maintained in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any of the
following actions:
a) appointing Sub-contractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may make
recommendations to the Employer in respect of the appointment of such Others. The Service Provider shall,
however, only be responsible for his own performance and the performance of sub-contractors unless
otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope, cost or timing of the
Services, the Service Provider shall give notice thereof to the Employer, save that the Service Provider is
empowered to make minor changes or variations within the overall programme or budget and within such
parameters as are defined by the Employer, provided that such changes are reported timeously to the
Employer.
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5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s respective
obligations under the Contract) to preserve the integrity of the Employer’s data including appropriate back-up
procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service Provider, the
Employer shall at the Service Provider’s expense, have the option to:
5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with the
Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity requirements and
the Employer’s information-security policies. Access shall be limited to authorised persons, information shall
be used only for the Contract, and any actual or suspected loss, unauthorised access or security compromise
shall be reported to the Employer immediately. On completion or termination, the Service Provider shall return
or securely destroy information as instructed, subject to lawful record-retention requirements.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper performance
in the amount and currencies stated in the Contract Data. If an amount is not stated in the Contract Data, this
sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date of issue
of the Letter of Acceptance. The Performance Security shall be issued by an insurance company or bank
registered or licensed as an insurance company or bank to do business in the Republic of South Africa and
approved by the Employer and having an office or banking facility in the Republic of South Africa. The
Performance Security shall be subject to approval by the Employer and shall be in the form prescribed in the
tender documents.
6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s sole
remuneration in connection with the Contract, or the Services, and the Service Provider shall not accept for his
own benefit any trade commission, discount, or similar payment in connection with activities pursuant to the
Contract, or in the discharge of his obligations under the Contract, and shall use his best efforts to ensure that
the Personnel, any Sub-contractors, and agents of either of them shall, similarly, not receive any additional
remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity
or commission in respect of any patented or protected article or process used in or for the purposes of the
Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forebore to do any act in relation
to the obtaining or performance of this contract or any other contract with the Employer or for showing or
forbearing to show favour or disfavour to any person in relation to this contract; nor
(b) Enter into this contract if in connection with it commission or a reward of any type has been paid, offered
or agreed to be paid to any person of the Employer by the Service Provider or on his behalf or knowledge.
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6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a breach
of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone employed by
him or acting on his behalf in relation to this contract or any other agreement with the Employer, the Employer
may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon the
Service Provider to show cause, in writing, within fourteen (14) days of receipt of the written notice why
the Employer should not terminate this Contract on the grounds of the alleged breach(es) of Clause 6.4.1
of this Contract;
(b) withhold all payments due;
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to respond
to the Employer’s written response, to satisfy the Employer that his opinion is unfounded. Provided always
that such termination shall not prejudice or affect any right of action or remedy, which shall have accrued
or shall accrue thereafter to the Employer and provided also that the Employer may recover from the
Service Provider such sum as the Employer deems equivalent to the amount or value of any such gift,
consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that any contract
with a Government or public sector body has been or was obtained by the Service Provider through actions
that mutatis mutandis are similar in nature to those barred in terms of Clause 6.4.2 by the Service Provider or
by anyone employed by the Service Provider or acting on the Service Provider’s behalf in relation to such
Contract, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon
the Service Provider to show cause, in writing within fourteen (14) days of receipt of the written notice
why the Employer should not terminate this Contract on the grounds of the alleged breach(es) of
Clause 6.4.1 of this contract;
(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to
respond to the Employer’s written notice within the prescribed time, or fails, in his written response, to
satisfy the Employer that this opinion is unfounded. Provided always that such termination shall not
prejudice or affect any right of action or remedy, which shall have accrued or shall accrue thereafter to
the Employer.
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms of the
Contract and shall enter all data pertaining to Personnel including titles, job descriptions, qualifications and
estimated periods of engagement on the performance of the Services in the Personnel Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of time
indicated therein. The Service Provider may, subject to the approval of the Employer, make such adjustments
to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the efficient performance
of the Services, provided that the adjustments will not cause payments to exceed any limit placed on the
Contract Price.
7.1.3 The Service Provider shall:
(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel Schedule
and a timetable for the placement of Personnel.
(b) inform the Employer of the date of commencement and departure of each member of Personnel during
the course of the Project.
(c) submit to the Employer for his approval a timely request for any proposed change to Personnel, or
timetables.
7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to perform the
Services.
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7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in the
Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made available, the
Service Provider may engage a replacement who is equally or better qualified to perform the stated duty,
subject to the Employer’s approval, which approval shall not be unreasonably withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he shall submit
the name, relevant qualifications and experience of the proposed replacement person to the Employer for
approval.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replacement shall
not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement not
provided for by the Contract, the Service Provider shall bear all additional costs arising out of or incidental to
such replacement.
7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment
necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays for Personnel
provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to be determined by
the Service Provider. The Employer will not be responsible for overtime payments to Personnel unless so
specifically provided for in the Pricing Schedule.
Contract
8.1 Commencement
The effective date of the contract shall be the date of the Form of Acceptance.
The Contract shall come into effect on the date that it is signed by both Parties or such later date as may be
stated in the Contract Data. The Service Provider shall commence the performance of the Services within thirty
(30) days after the date that the Contract becomes effective, or such date as may be specified in the Contract
Data. The supervision phase shall commence on the date confirmed by the Employer at the Works Contract
hand-over meeting.
8.2 Completion
8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract shall be
concluded when the Service Provider has completed all Deliverables in accordance with the Scope of Work.
8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed in
completing the Contract by any of the following causes:
a) variations to Services ordered by the Employer.
b) failure of the Employer to fulfil his obligations under the Contract.
c) any delay in the performance of the Services which is not due to the Service Provider’s default.
d) Force Majeure
8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the Employer of
his intention to make a request for the extension of the Period of Performance to which he considers himself
entitled and shall within 30 days thereafter deliver to the Employer full and detailed particulars of the request,
in order that it may be investigated at the time.
8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period of
Performance as may be justified, either prospectively or retrospectively, or inform the Service Provider that he
is not entitled to an extension. Should the Service Provider find the decision of the Employer to be unacceptable
he shall, nevertheless, abide by such decision in the performance of the services and the matter shall be dealt
with as a dispute in terms of Clause 12.
Important Dates
Source: Bid NRA 2026 0167(E).zip (TENDER){"briefingSession":"{"date":"14 September 2026","time":"10:00","venue":"E: Monday, 14 September 2026 at 10:00","is_compulsory":false}"}
Contact Information
Source: Bid NRA 2026 0167(E).zip (TENDER){"name":null,"email":null,"phone":"012-057-2026","department":null,"address":"ute reference of Board resolution if different from returnable schedule Form A2: Certificate of Authority"}
Evaluation Criteria
Source: Bid NRA 2026 0167(E).zip (TENDER)(ii) Bid Evaluation Committee (BEC) (Please note that this will be on another SANRAL project).
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer shall be
Technical Specifications
Source: Bid NRA 2026 0167(E).zip (TENDER)(Note to compiler: This report must include all sectional info within the project limits i.e.
Cell B3: Strip sheets are generated on a 5km strip sheet for editing and use
GEOTECHNICAL INCIDENT MANAGEMENT AND MONITORING AS PART OF THE SANRAL SLOPE MANAGEMENT SYSTEM (SMS) for ROUTINE ROAD MAINTENANCE
Cell A11: The purpose of this Safety Inspection, to be undertaken by a competent person, is to identify safety related defects that require urgent attention to ensure the structure is safe for continued use. It is not required to record routine maintenance defects. These inspections are to be captured and hard copy and electronic records kept. Data shall also captured in SANRAL ITIS system. For existing structures inspections shall at 12 months maximum intervals. For new structures they shall be done every 6 months for the first 24 months and at 12 months maximum intervals thereafter.
Welcome to SARDS Desktop - User Registration. This is a Manual Document that contains information about
the basic registration of the SARDS Desktop software.
The purpose of this document is to guide the user on the installation, system requirements and prerequisites
of the software.
This User Manual discusses basic concepts behind the SARDS Desktop software, such as how to Register a New
User and the process of Logging in into the software.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Log onto ITIS Portal Website, http://itis.nra.co.za/portal/Default/Index) using User Credential`s and navigate
to:
i. Click on My Account sub menu>
ii. Click on Download sub-menu on the left side>
iii. Click on SARDS Module Tab on the top right>
iv. Select Full Install: SARDS Prerequisites file on the bottom left for first-time installer Download>
v. Click on Setup> Install>
vi. Double click on the SARDS Desktop shortcut on your Desktop.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Log onto On the ITIS Portal Website to request the license number http://itisqa.nra.co.za/portal/Default/Index
, navigate to:
i. Click on MyAccount sub-menu>
ii. Click on License Request sub-menu on the left side>
iii. Click on SARDS Module tab top right side>
iv. Click on SARDS Desktop Application checkbox and select relevant answers on the dropdown line items
on Product Module box>
v. Click on the Submit Request button.
NOTE: Licence Key Request should be sent to ITIS Support for further processing
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Log onto On the ITIS Portal Website to access license number http://itisqa.nra.co.za/portal/Default/Index ,
navigate to:
i. Click on MyAccount sub-menu>
ii. Click on Licence Details sub-menu on the left side>
iii. Click on Available SARDS Licenses tab top right side>
iv. Copy the License Number.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
i. Capture Username details>
ii. Capture Password details>
iii. Paste License Key number>
iv. Click on Register Button.
Note: If credentials are correct, the software should start the registration process.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
i. Username should Auto-Populate>
ii. Capture Password details>
iii. License Key number should Auto-Populate>
iv. Click on the Login button.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Log onto ITIS Portal Website, http://itis.nra.co.za/portal/Default/Index using User Credential`s and navigate to:
i. Click on My Account sub menu>
ii. Click on Download sub-menu on the left side>
iii. Click on SARDS Module Tab on the top right>
iv. Select Click once installer SARDS: Software file download>
v. Click on Setup> Install>
vi. Double click on the SARDS Desktop shortcut on your Desktop.
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Note: Should the user get an warning message on the bottom left on the screen, keep changes and continue
with the download
i. Click on Keep button>
ii. Click on More Info line item on the left side>
iii. Click on Run Anyway button Tab on the bottom left >
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
i. Username should Auto-Populate>
ii. Capture Password details>
iii. License Key number should Auto-Populate>
iv. Click on the Login button.
NB: User Login page should directly take user to the below SARDS Home page attached
Copyright © 2019 South African National Roads Agency SOC Limited
Document #: Rev.:
Integrated Transport Information System
Title: SARDS Registration Document Page #:
Copyright © 2019 South African National Roads Agency SOC Limited
The South African National Roads Agency SOC Limited (SANRAL) invites tenders for the provision of Routine Road Maintenance Consulting Services for the projects in the Northern Cape Province described in the table below:
Form a1: confirmation of project submissions contained in the bid
C1.2.3 Contract data – information provided by the tenderer
i) permission was not granted, where applicable: or
i) permission was not granted, where applicable: or
i) permission was not granted, where applicable: or
i) permission was not granted, where applicable: or
The document which defines the Employer’s objectives and requirements and specifies the Services which must,
or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to perform the Services
described in the Contract, and legal successors to the Service Provider and legally permitted assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of Work.
Sub-contractor
A person or body corporate who enters into a sub-contract with the Service Provider to perform part of the
Services.
Targeted Enterprise
A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider to
perform a tendered percentage of work stated in the Contract Data under his guidance and which complies with
the following:
a) is at least 51% owned by black people: and
b) has a B-BBEE status* of “level one or level two contributor’; and
c) does not share equity holding with the Service Provider; and
d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984 (Act
No. ); and
e) is registered on the National Treasury’s Central Supplier Database (CSD).
published in Notice in Government Gazette No 41287 on 1 December 2017.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective functions/duties as defined under
the Contract.
Transferred Road
A provincial or other public road, road section or related asset that is declared or incorporated into the national
road network and is formally handed over to SANRAL, or that the Employer instructs the Service Provider in
writing to assess or manage pending such transfer, subject to the Contract’s variation and payment provisions.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the service provider has
been appointed for the performance of the services specified in this contract.
Youth
For purposes of this contract, Youth means persons between the ages of 16 and 35.
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes
of interpretation, the priority of documents shall be in accordance with the following sequence:
a) the Form of Acceptance
b) the Form of Offer
c) the Contract Data
d) the General Conditions of Contract
e) the Scope of Work
f) the Pricing Schedule and any other documents forming part of the Contract.
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2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract Data,
the provisions of the Contract Data shall prevail.
2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other laws
including the South African Common Law, and regulations and by-laws of any legally constituted public
authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a result of changes
in, or additions to, any statute, regulation or bye-law, or the requirements of any authority having jurisdiction
over any matter in respect of the Project, then the Contract Price and time for completion shall be adjusted in
order to reflect the impact of those changes, provided that, within 14 days of first having become aware of the
change, the Service Provider furnished the Employer with detailed justification for the adjustment to the
Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall be in
English.
3.4 Notices
3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and delivered by
hand, courier, registered post or email to the address stated in the Contract Data. A hand or courier delivery is
effective when acknowledged at that address; registered post is effective seven (7) days after posting; and
email is effective when transmitted without a delivery-failure notice, provided that a notice of default, termination
or dispute is also delivered by hand, courier or registered post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and, wherever
there is deadline for the receipt of the communication, he may demand evidence of receipt of his
communication. In any event, the sender shall take all the necessary measures to ensure receipt of
communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days advance notice
of such change.
3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and where the location
of a particular task is not so specified, at such locations as the Employer may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or publish material
related to the Services or Project within two (2) years of completion of the Services without the written approval
of the Employer, which approval shall not be unreasonably withheld.
3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context of the Contract
confidential and shall not divulge it without the written approval of the other Party except to the extent strictly
necessary to carry out obligations under this Contract or to comply with applicable laws.
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3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order variations to
the Services or may request the Service Provider to submit proposals, including the time and cost implications,
for variations to the Services. No variation shall have any force or effect unless reduced to writing and signed
by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the Contract
of any variations to the Services ordered by the Employer, including any change in the Contract Price, shall be
agreed in writing between the Service Provider and the Employer, prior to the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any additional cost
attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the Services and no
representation not contained therein shall be of any force or effect. No amendments will be of any force or
effect unless reduced to writing and signed by both Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents and
employees, from and against all actions, claims, losses and damage arising from any wilful or negligent act or
omission by the Service Provider or his sub-contractors in the performance of the Services, including any
violation of legal provisions, or rights of others, in respect of patents, trademarks and other forms of intellectual
property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not perform
the Services within the Period of Performance, the Employer shall without prejudice to his other remedies under
the Contract, be entitled to levy a penalty for every day or part thereof, which shall elapse between the end of
the period specified for performance, or an extended Period of Performance, and the actual date of completion,
at the rate and up to the maximum amount stated in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may after giving
notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not disclose
sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in the Contract Data.
3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not perform
the service of capturing structures inventory updates, the Employer shall be entitled to levy a penalty as stated
in the Contract Data.
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer shall be
entitled to levy a penalty for the additional time spent by the Employer to correct the documentation and/or
design to the required acceptable standard at the hourly tariffs as specified under Additional Duties.
3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by the Service
Provider with funds provided by the Employer for the performance of the Services shall be the property of the
Employer and shall be marked accordingly. Upon termination or expiration of the Contract, the Service
Provider shall make available to the Employer an inventory of such equipment and materials and shall dispose
of them in accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure the
equipment and materials referred to in 3.12.1 for their full replacement value.
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3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the Contract
requires him to undertake anything which is illegal or impossible.
3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer a
programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the Employer and
Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer and Others
to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the programme.
Where this is not practicable, the Service Provider shall advise the Employer accordingly and advise him of
alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and expected
future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of it being
invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the accomplishment of the
purpose of this Contract, the Employer and the Service Provider shall meet and review the matter to adopt
means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly stated
in writing, by the Party against whom such defence is raised, to be a waiver of such provisions and is
communicated to the other Party in writing in accordance with the provisions of Clause 3.4.
4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information and data
in the Employer’s possession which may be required for the performance of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other relevant
information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information furnished by
or on behalf of the Employer.
4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly referred to him in writing
by the Service Provider so as not to delay the performance of Services.
4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the proper
performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of the
Services;
4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;
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4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of the
Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal authorities having
jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving
communications on his behalf and interpreting and defining his policies and requirements in regard to the
Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of work
necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the duties and
responsibilities of the Service Provider in terms of the Contract or which imposes obligations on him, without
first obtaining the Service Provider’s written agreement thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope, cost or timing of
the Services, or on becoming aware of any defect or deficiency in the Services, the Employer shall immediately
advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any contract or
agreement, on behalf of the Employer, then the Employer shall issue instructions related to such work, services,
contract or agreement only through the Service Provider.
4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of the
Contract.
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all reasonable
care, diligence and skill in accordance with generally accepted professional techniques and standards and
shall be responsible for breach of professional duty by reason of any error, omission or neglect in connection
with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion in regard
to a contract or agreement between the Employer and Others, then the Service Provider shall act in respect of
that contract or agreement as an independent professional
5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider shall
designate one person to act as leader with authority to bind the joint venture or consortium. Neither the
composition nor the constitution of the joint venture or consortium shall be altered without the prior consent in
writing of the Employer, which shall not be unreasonably withheld.
5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary for the
purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ), and as the
Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service Provider shall
perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6 where applicable.
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for checking by
Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in terms of
clause 5.4.1.
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5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake work
on the Project of any of their duties, obligations, or responsibilities under their respective agreements or
contracts, unless expressly authorised by the Employer in response to an application by the Service Provider
in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall do so
in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the Employer from
all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such person shall
have complete authority to receive instructions from and give information to the Employer on behalf of the
Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force such
insurance policies in respect of their own risks in performing the Services as are stipulated in the Contract
Data, subject to the approval of the Employer, which approved shall not be unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that the
insurance required in terms of Clause 5.4.1 has been taken out with an insurance company registered in the
Republic of South Africa, or as otherwise approved by the Employer and maintained in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any of the
following actions:
a) appointing Sub-contractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may make
recommendations to the Employer in respect of the appointment of such Others. The Service Provider shall,
however, only be responsible for his own performance and the performance of sub-contractors unless
otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope, cost or timing of the
Services, the Service Provider shall give notice thereof to the Employer, save that the Service Provider is
empowered to make minor changes or variations within the overall programme or budget and within such
parameters as are defined by the Employer, provided that such changes are reported timeously to the
Employer.
5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s respective
obligations under the Contract) to preserve the integrity of the Employer’s data including appropriate back-up
procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service Provider, the
Employer shall at the Service Provider’s expense, have the option to:
5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with the
Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity requirements and
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the Employer’s information-security policies. Access shall be limited to authorised persons, information shall
be used only for the Contract, and any actual or suspected loss, unauthorised access or security compromise
shall be reported to the Employer immediately. On completion or termination, the Service Provider shall return
or securely destroy information as instructed, subject to lawful record-retention requirements.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper performance
in the amount and currencies stated in the Contract Data. If an amount is not stated in the Contract Data, this
sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date of issue
of the Letter of Acceptance. The Performance Security shall be issued by an insurance company or bank
registered or licensed as an insurance company or bank to do business in the Republic of South Africa and
approved by the Employer and having an office or banking facility in the Republic of South Africa. The
Performance Security shall be subject to approval by the Employer and shall be in the form prescribed in the
tender documents.
6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s sole
remuneration in connection with the Contract, or the Services, and the Service Provider shall not accept for his
own benefit any trade commission, discount, or similar payment in connection with activities pursuant to the
Contract, or in the discharge of his obligations under the Contract, and shall use his best efforts to ensure that
the Personnel, any Sub-contractors, and agents of either of them shall, similarly, not receive any additional
remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity
or commission in respect of any patented or protected article or process used in or for the purposes of the
Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forebore to do any act in relation
to the obtaining or performance of this contract or any other contract with the Employer or for showing or
forbearing to show favour or disfavour to any person in relation to this contract; nor
(b) Enter into this contract if in connection with it commission or a reward of any type has been paid, offered
or agreed to be paid to any person of the Employer by the Service Provider or on his behalf or knowledge.
6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a breach
of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone employed by
him or acting on his behalf in relation to this contract or any other agreement with the Employer, the Employer
may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon the
Service Provider to show cause, in writing, within fourteen (14) days of receipt of the written notice why
the Employer should not terminate this Contract on the grounds of the alleged breach(es) of Clause 6.4.1
of this Contract;
(b) withhold all payments due;
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to respond
to the Employer’s written response, to satisfy the Employer that his opinion is unfounded. Provided always
that such termination shall not prejudice or affect any right of action or remedy, which shall have accrued
or shall accrue thereafter to the Employer and provided also that the Employer may recover from the
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Service Provider such sum as the Employer deems equivalent to the amount or value of any such gift,
consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that any contract
with a Government or public sector body has been or was obtained by the Service Provider through actions
that mutatis mutandis are similar in nature to those barred in terms of Clause 6.4.2 by the Service Provider or
by anyone employed by the Service Provider or acting on the Service Provider’s behalf in relation to such
Contract, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon
the Service Provider to show cause, in writing within fourteen (14) days of receipt of the written notice
why the Employer should not terminate this Contract on the grounds of the alleged breach(es) of
Clause 6.4.1 of this contract;
(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to
respond to the Employer’s written notice within the prescribed time, or fails, in his written response, to
satisfy the Employer that this opinion is unfounded. Provided always that such termination shall not
prejudice or affect any right of action or remedy, which shall have accrued or shall accrue thereafter to
the Employer.
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms of the
Contract and shall enter all data pertaining to Personnel including titles, job descriptions, qualifications and
estimated periods of engagement on the performance of the Services in the Personnel Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of time
indicated therein. The Service Provider may, subject to the approval of the Employer, make such adjustments
to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the efficient performance
of the Services, provided that the adjustments will not cause payments to exceed any limit placed on the
Contract Price.
7.1.3 The Service Provider shall:
(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel Schedule
and a timetable for the placement of Personnel.
(b) inform the Employer of the date of commencement and departure of each member of Personnel during
the course of the Project.
(c) submit to the Employer for his approval a timely request for any proposed change to Personnel, or
timetables.
7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to perform the
Services.
7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in the
Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made available, the
Service Provider may engage a replacement who is equally or better qualified to perform the stated duty,
subject to the Employer’s approval, which approval shall not be unreasonably withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he shall submit
the name, relevant qualifications and experience of the proposed replacement person to the Employer for
approval.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replacement shall
not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement not
provided for by the Contract, the Service Provider shall bear all additional costs arising out of or incidental to
such replacement.
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7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment
necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays for Personnel
provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to be determined by
the Service Provider. The Employer will not be responsible for overtime payments to Personnel unless so
specifically provided for in the Pricing Schedule.
Contract
8.1 Commencement
The effective date of the contract shall be the date of the Form of Acceptance.
The Contract shall come into effect on the date that it is signed by both Parties or such later date as may be
stated in the Contract Data. The Service Provider shall commence the performance of the Services within thirty
(30) days after the date that the Contract becomes effective, or such date as may be specified in the Contract
Data. The supervision phase shall commence on the date confirmed by the Employer at the Works Contract
hand-over meeting.
8.2 Completion
8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract shall be
concluded when the Service Provider has completed all Deliverables in accordance with the Scope of Work.
8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed in
completing the Contract by any of the following causes:
a) variations to Services ordered by the Employer.
b) failure of the Employer to fulfil his obligations under the Contract.
c) any delay in the performance of the Services which is not due to the Service Provider’s default.
d) Force Majeure
8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the Employer of
his intention to make a request for the extension of the Period of Performance to which he considers himself
entitled and shall within 30 days thereafter deliver to the Employer full and detailed particulars of the request,
in order that it may be investigated at the time.
8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period of
Performance as may be justified, either prospectively or retrospectively, or inform the Service Provider that he
is not entitled to an extension. Should the Service Provider find the decision of the Employer to be unacceptable
he shall, nevertheless, abide by such decision in the performance of the services and the matter shall be dealt
with as a dispute in terms of Clause 12.
8.3 Force Majeure
8.3.1 In this clause “Force Majeure” means an exceptional event or circumstance:
(a) which is beyond party’s control,
(b) which such a party could not reasonably have provided against before entering into the Contract,
(c) which, having arisen, such Party could not reasonably have avoided or overcome, and
(d) which is not substantially attributable to the other Party
Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below;
(i) natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity
(ii) war, hostilities (whether war to be declared or not), invasion, act of foreign enemies,
(iii) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,
(iv) riot, commotion, disorder, strike or lockout by persons other than the Service Provider’s Personnel or
other employees of the Service Provider and Sub-contractors,
An event or circumstance which is attributable to a wilful act, neglect or failure to take reasonable precautions by the
affected party, his employees agents, sub-contractors or others shall, under no circumstances, be considered Force
Majeure.
The document which defines the Employer’s objectives and requirements and specifies the Services
which must, or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to perform the
Services described in the Contract, and legal successors to the Service Provider and legally permitted
assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the Scope
of Work.
Sub-contractor
A person or body corporate who enters into a sub-contract with the Service Provider to perform part of
the Services.
Targeted Enterprise
A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service
Provider to perform a tendered percentage of work stated in the Contract Data under his guidance and
which complies with the following:
a) is at least 51% owned by black people: and
b) has a B-BBEE status* of “level one or level two contributor’; and
c) does not share equity holding with the Service Provider; and
d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act,
1984 (Act No. ); and
e) is registered on the National Treasury’s Central Supplier Database (CSD).
Sector Codes published in Notice in Government Gazette No 41287 on 1
December 2017.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective functions/duties as
defined under the Contract.
Transferred Road
A provincial or other public road, road section or related asset that is declared or incorporated into the
national road network and is formally handed over to SANRAL, or that the Employer instructs the
Service Provider in writing to assess or manage pending such transfer, subject to the Contract’s
variation and payment provisions.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the service
provider has been appointed for the performance of the services specified in this contract.
Youth
For purposes of this contract, Youth means persons between the ages of 16 and 35.
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
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b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the
purposes of interpretation, the priority of documents shall be in accordance with the following
sequence:
a) the Form of Acceptance
b) the Form of Offer
c) the Contract Data
d) the General Conditions of Contract
e) the Scope of Work
f) the Pricing Schedule and any other documents forming part of the Contract.
2.3 If there is any conflict between the provisions of these General Conditions of Contract and the
Contract Data, the provisions of the Contract Data shall prevail.
2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other
laws including the South African Common Law, and regulations and by-laws of any legally constituted
public authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a result
of changes in, or additions to, any statute, regulation or bye-law, or the requirements of any authority
having jurisdiction over any matter in respect of the Project, then the Contract Price and time for
completion shall be adjusted in order to reflect the impact of those changes, provided that, within 14
days of first having become aware of the change, the Service Provider furnished the Employer with
detailed justification for the adjustment to the Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall
be in English.
3.4 Notices
3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and
delivered by hand, courier, registered post or email to the address stated in the Contract Data. A
hand or courier delivery is effective when acknowledged at that address; registered post is effective
seven (7) days after posting; and email is effective when transmitted without a delivery-failure notice,
provided that a notice of default, termination or dispute is also delivered by hand, courier or registered
post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and,
wherever there is deadline for the receipt of the communication, he may demand evidence of receipt
of his communication. In any event, the sender shall take all the necessary measures to ensure
receipt of communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days
advance notice of such change.
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3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and where
the location of a particular task is not so specified, at such locations as the Employer may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or
publish material related to the Services or Project within two (2) years of completion of the Services
without the written approval of the Employer, which approval shall not be unreasonably withheld.
3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context of the
Contract confidential and shall not divulge it without the written approval of the other Party except to
the extent strictly necessary to carry out obligations under this Contract or to comply with applicable
laws.
3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order
variations to the Services or may request the Service Provider to submit proposals, including the
time and cost implications, for variations to the Services. No variation shall have any force or effect
unless reduced to writing and signed by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the
Contract of any variations to the Services ordered by the Employer, including any change in the
Contract Price, shall be agreed in writing between the Service Provider and the Employer, prior to
the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any
additional cost attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the Services
and no representation not contained therein shall be of any force or effect. No amendments will be
of any force or effect unless reduced to writing and signed by both Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its
agents and employees, from and against all actions, claims, losses and damage arising from any
wilful or negligent act or omission by the Service Provider or his sub-contractors in the performance
of the Services, including any violation of legal provisions, or rights of others, in respect of patents,
trademarks and other forms of intellectual property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does
not perform the Services within the Period of Performance, the Employer shall without prejudice to
his other remedies under the Contract, be entitled to levy a penalty for every day or part thereof,
which shall elapse between the end of the period specified for performance, or an extended Period
of Performance, and the actual date of completion, at the rate and up to the maximum amount stated
in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may
after giving notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
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3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does
not disclose sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated
in the Contract Data.
3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does
not perform the service of capturing structures inventory updates, the Employer shall be entitled to
levy a penalty as stated in the Contract Data.
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer
shall be entitled to levy a penalty for the additional time spent by the Employer to correct the
documentation and/or design to the required acceptable standard at the hourly tariffs as specified
under Additional Duties.
3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by
the Service Provider with funds provided by the Employer for the performance of the Services shall
be the property of the Employer and shall be marked accordingly. Upon termination or expiration of
the Contract, the Service Provider shall make available to the Employer an inventory of such
equipment and materials and shall dispose of them in accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure
the equipment and materials referred to in 3.12.1 for their full replacement value.
3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the
Contract requires him to undertake anything which is illegal or impossible.
3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer
a programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the
Employer and Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer
and Others to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the
programme. Where this is not practicable, the Service Provider shall advise the Employer accor-
dingly and advise him of alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and
expected future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of
it being invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the
accomplishment of the purpose of this Contract, the Employer and the Service Provider shall meet
and review the matter to adopt means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly
stated in writing, by the Party against whom such defence is raised, to be a waiver of such provisions
and is communicated to the other Party in writing in accordance with the provisions of Clause 3.4.
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4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information
and data in the Employer’s possession which may be required for the performance of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other
relevant information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information
furnished by or on behalf of the Employer.
4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly referred to
him in writing by the Service Provider so as not to delay the performance of Services.
4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the
proper performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance
of the Services;
4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;
4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of
the Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal
authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving
communications on his behalf and interpreting and defining his policies and requirements in regard
to the Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of
work necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the
duties and responsibilities of the Service Provider in terms of the Contract or which imposes
obligations on him, without first obtaining the Service Provider’s written agreement thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope, cost or
timing of the Services, or on becoming aware of any defect or deficiency in the Services, the
Employer shall immediately advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any contract
or agreement, on behalf of the Employer, then the Employer shall issue instructions related to such
work, services, contract or agreement only through the Service Provider.
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4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of
the Contract.
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all
reasonable care, diligence and skill in accordance with generally accepted professional techniques
and standards and shall be responsible for breach of professional duty by reason of any error,
omission or neglect in connection with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion
in regard to a contract or agreement between the Employer and Others, then the Service Provider
shall act in respect of that contract or agreement as an independent professional
5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider
shall designate one person to act as leader with authority to bind the joint venture or consortium.
Neither the composition nor the constitution of the joint venture or consortium shall be altered without
the prior consent in writing of the Employer, which shall not be unreasonably withheld.
5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s
mandatary for the purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act
No. ), and as the Client’s agent in terms of regulation 5(5) of the Construction Regulations,
duties in regulation 6 where applicable.
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for
checking by Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in
terms of clause 5.4.1.
5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to under-
take work on the Project of any of their duties, obligations, or responsibilities under their respective
agreements or contracts, unless expressly authorised by the Employer in response to an application
by the Service Provider in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider
shall do so in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify
the Employer from all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such person
shall have complete authority to receive instructions from and give information to the Employer on
behalf of the Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force
such insurance policies in respect of their own risks in performing the Services as are stipulated in
the Contract Data, subject to the approval of the Employer, which approved shall not be
unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing
that the insurance required in terms of Clause 5.4.1 has been taken out with an insurance company
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registered in the Republic of South Africa, or as otherwise approved by the Employer and maintained
in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia,
any of the following actions:
a) appointing Sub-contractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may make
recommendations to the Employer in respect of the appointment of such Others. The Service
Provider shall, however, only be responsible for his own performance and the performance of sub-
contractors unless otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope, cost or
timing of the Services, the Service Provider shall give notice thereof to the Employer, save that the
Service Provider is empowered to make minor changes or variations within the overall programme
or budget and within such parameters as are defined by the Employer, provided that such changes
are reported timeously to the Employer.
5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s
respective obligations under the Contract) to preserve the integrity of the Employer’s data including
appropriate back-up procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service
Provider, the Employer shall at the Service Provider’s expense, have the option to:
5.8.3 The Service Provider shall process personal information and protect Employer data in accordance
with the Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity
requirements and the Employer’s information-security policies. Access shall be limited to authorised
persons, information shall be used only for the Contract, and any actual or suspected loss,
unauthorised access or security compromise shall be reported to the Employer immediately. On
completion or termination, the Service Provider shall return or securely destroy information as
instructed, subject to lawful record-retention requirements.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper
performance in the amount and currencies stated in the Contract Data. If an amount is not stated in
the Contract Data, this sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of the
date of issue of the Letter of Acceptance. The Performance Security shall be issued by an insurance
company or bank registered or licensed as an insurance company or bank to do business in the
Republic of South Africa and approved by the Employer and having an office or banking facility in
the Republic of South Africa. The Performance Security shall be subject to approval by the Employer
and shall be in the form prescribed in the tender documents.
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6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s
sole remuneration in connection with the Contract, or the Services, and the Service Provider shall
not accept for his own benefit any trade commission, discount, or similar payment in connection with
activities pursuant to the Contract, or in the discharge of his obligations under the Contract, and shall
use his best efforts to ensure that the Personnel, any Sub-contractors, and agents of either of them
shall, similarly, not receive any additional remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any
gratuity or commission in respect of any patented or protected article or process used in or for the
purposes of the Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind
as an inducement or reward for doing or forbearing to do or for having done or forebore to do
any act in relation to the obtaining or performance of this contract or any other contract with the
Employer or for showing or forbearing to show favour or disfavour to any person in relation to
this contract; nor
(b) Enter into this contract if in connection with it commission or a reward of any type has been paid,
offered or agreed to be paid to any person of the Employer by the Service Provider or on his
behalf or knowledge.
6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that
a breach of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or
anyone employed by him or acting on his behalf in relation to this contract or any other agreement
with the Employer, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,
informing him of the Employer’s opinion and the grounds and reasons upon which it is based,
and calling upon the Service Provider to show cause, in writing, within fourteen (14) days of
receipt of the written notice why the Employer should not terminate this Contract on the grounds
of the alleged breach(es) of Clause 6.4.1 of this Contract;
(b) withhold all payments due;
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to
respond to the Employer’s written response, to satisfy the Employer that his opinion is
unfounded. Provided always that such termination shall not prejudice or affect any right of action
or remedy, which shall have accrued or shall accrue thereafter to the Employer and provided
also that the Employer may recover from the Service Provider such sum as the Employer deems
equivalent to the amount or value of any such gift, consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that
any contract with a Government or public sector body has been or was obtained by the Service
Provider through actions that mutatis mutandis are similar in nature to those barred in terms of
Clause 6.4.2 by the Service Provider or by anyone employed by the Service Provider or acting on
the Service Provider’s behalf in relation to such Contract, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider,
informing him of the Employer’s opinion and the grounds and reasons upon which it is based,
and calling upon the Service Provider to show cause, in writing within fourteen (14) days of
receipt of the written notice why the Employer should not terminate this Contract on the
grounds of the alleged breach(es) of Clause 6.4.1 of this contract;
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(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider
fails to respond to the Employer’s written notice within the prescribed time, or fails, in his
written response, to satisfy the Employer that this opinion is unfounded. Provided always
that such termination shall not prejudice or affect any right of action or remedy, which shall
have accrued or shall accrue thereafter to the Employer.
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms
of the Contract and shall enter all data pertaining to Personnel including titles, job descriptions, quali-
fications and estimated periods of engagement on the performance of the Services in the Personnel
Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods
of time indicated therein. The Service Provider may, subject to the approval of the Employer, make
such adjustments to the data provided in terms of Clause 7.1.1 above as may be appropriate to
ensure the efficient performance of the Services, provided that the adjustments will not cause pay-
ments to exceed any limit placed on the Contract Price.
7.1.3 The Service Provider shall:
(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel
Schedule and a timetable for the placement of Personnel.
(b) inform the Employer of the date of commencement and departure of each member of Personnel
during the course of the Project.
(c) submit to the Employer for his approval a timely request for any proposed change to Personnel,
or timetables.
7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to
perform the Services.
7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in
the Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made
available, the Service Provider may engage a replacement who is equally or better qualified to per-
form the stated duty, subject to the Employer’s approval, which approval shall not be unreasonably
withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he
shall submit the name, relevant qualifications and experience of the proposed replacement person
to the Employer for approval.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replace-
ment shall not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replace-
ment not provided for by the Contract, the Service Provider shall bear all additional costs arising out
of or incidental to such replacement.
7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equip-
ment necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays for
Personnel provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to
be determined by the Service Provider. The Employer will not be responsible for overtime payments
to Personnel unless so specifically provided for in the Pricing Schedule.
The document which defines the Employer’s objectives and requirements and specifies the Services which must,
or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to perform the Services
described in the Contract, and legal successors to the Service Provider and legally permitted assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of Work.
Sub-contractor
A person or body corporate who enters into a sub-contract with the Service Provider to perform part of the
Services.
Targeted Enterprise
A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider to
perform a tendered percentage of work stated in the Contract Data under his guidance and which complies with
the following:
a) is at least 51% owned by black people: and
b) has a B-BBEE status* of “level one or level two contributor’; and
c) does not share equity holding with the Service Provider; and
d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984 (Act
No. ); and
e) is registered on the National Treasury’s Central Supplier Database (CSD).
published in Notice in Government Gazette No 41287 on 1 December 2017.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective functions/duties as defined under
the Contract.
Transferred Road
A provincial or other public road, road section or related asset that is declared or incorporated into the national
road network and is formally handed over to SANRAL, or that the Employer instructs the Service Provider in
writing to assess or manage pending such transfer, subject to the Contract’s variation and payment provisions.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the service provider has
been appointed for the performance of the services specified in this contract.
Youth
For purposes of this contract, Youth means persons between the ages of 16 and 35.
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes
of interpretation, the priority of documents shall be in accordance with the following sequence:
a) the Form of Acceptance
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b) the Form of Offer
c) the Contract Data
d) the General Conditions of Contract
e) the Scope of Work
f) the Pricing Schedule and any other documents forming part of the Contract.
2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract Data,
the provisions of the Contract Data shall prevail.
2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other laws
including the South African Common Law, and regulations and by-laws of any legally constituted public
authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a result of changes
in, or additions to, any statute, regulation or bye-law, or the requirements of any authority having jurisdiction
over any matter in respect of the Project, then the Contract Price and time for completion shall be adjusted in
order to reflect the impact of those changes, provided that, within 14 days of first having become aware of the
change, the Service Provider furnished the Employer with detailed justification for the adjustment to the
Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall be in
English.
3.4 Notices
3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and delivered by
hand, courier, registered post or email to the address stated in the Contract Data. A hand or courier delivery is
effective when acknowledged at that address; registered post is effective seven (7) days after posting; and
email is effective when transmitted without a delivery-failure notice, provided that a notice of default, termination
or dispute is also delivered by hand, courier or registered post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and, wherever
there is deadline for the receipt of the communication, he may demand evidence of receipt of his
communication. In any event, the sender shall take all the necessary measures to ensure receipt of
communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days advance notice
of such change.
3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and where the location
of a particular task is not so specified, at such locations as the Employer may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or publish material
related to the Services or Project within two (2) years of completion of the Services without the written approval
of the Employer, which approval shall not be unreasonably withheld.
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3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context of the Contract
confidential and shall not divulge it without the written approval of the other Party except to the extent strictly
necessary to carry out obligations under this Contract or to comply with applicable laws.
3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order variations to
the Services or may request the Service Provider to submit proposals, including the time and cost implications,
for variations to the Services. No variation shall have any force or effect unless reduced to writing and signed
by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the Contract
of any variations to the Services ordered by the Employer, including any change in the Contract Price, shall be
agreed in writing between the Service Provider and the Employer, prior to the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any additional cost
attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the Services and no
representation not contained therein shall be of any force or effect. No amendments will be of any force or
effect unless reduced to writing and signed by both Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents and
employees, from and against all actions, claims, losses and damage arising from any wilful or negligent act or
omission by the Service Provider or his sub-contractors in the performance of the Services, including any
violation of legal provisions, or rights of others, in respect of patents, trademarks and other forms of intellectual
property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not perform
the Services within the Period of Performance, the Employer shall without prejudice to his other remedies under
the Contract, be entitled to levy a penalty for every day or part thereof, which shall elapse between the end of
the period specified for performance, or an extended Period of Performance, and the actual date of completion,
at the rate and up to the maximum amount stated in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may after giving
notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not disclose
sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in the Contract Data.
3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not perform
the service of capturing structures inventory updates, the Employer shall be entitled to levy a penalty as stated
in the Contract Data.
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer shall be
entitled to levy a penalty for the additional time spent by the Employer to correct the documentation and/or
design to the required acceptable standard at the hourly tariffs as specified under Additional Duties.
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3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by the Service
Provider with funds provided by the Employer for the performance of the Services shall be the property of the
Employer and shall be marked accordingly. Upon termination or expiration of the Contract, the Service
Provider shall make available to the Employer an inventory of such equipment and materials and shall dispose
of them in accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure the
equipment and materials referred to in 3.12.1 for their full replacement value.
3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the Contract
requires him to undertake anything which is illegal or impossible.
3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer a
programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the Employer and
Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer and Others
to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the programme.
Where this is not practicable, the Service Provider shall advise the Employer accordingly and advise him of
alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and expected
future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of it being
invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the accomplishment of the
purpose of this Contract, the Employer and the Service Provider shall meet and review the matter to adopt
means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly stated
in writing, by the Party against whom such defence is raised, to be a waiver of such provisions and is
communicated to the other Party in writing in accordance with the provisions of Clause 3.4.
4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information and data
in the Employer’s possession which may be required for the performance of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other relevant
information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information furnished by
or on behalf of the Employer.
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4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly referred to him in writing
by the Service Provider so as not to delay the performance of Services.
4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the proper
performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of the
Services;
4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;
4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of the
Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal authorities having
jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving
communications on his behalf and interpreting and defining his policies and requirements in regard to the
Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of work
necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the duties and
responsibilities of the Service Provider in terms of the Contract or which imposes obligations on him, without
first obtaining the Service Provider’s written agreement thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope, cost or timing of
the Services, or on becoming aware of any defect or deficiency in the Services, the Employer shall immediately
advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any contract or
agreement, on behalf of the Employer, then the Employer shall issue instructions related to such work, services,
contract or agreement only through the Service Provider.
4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of the
Contract.
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all reasonable
care, diligence and skill in accordance with generally accepted professional techniques and standards and
shall be responsible for breach of professional duty by reason of any error, omission or neglect in connection
with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion in regard
to a contract or agreement between the Employer and Others, then the Service Provider shall act in respect of
that contract or agreement as an independent professional
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5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider shall
designate one person to act as leader with authority to bind the joint venture or consortium. Neither the
composition nor the constitution of the joint venture or consortium shall be altered without the prior consent in
writing of the Employer, which shall not be unreasonably withheld.
5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary for the
purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ), and as the
Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service Provider shall
perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6 where applicable.
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for checking by
Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in terms of
clause 5.4.1.
5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake work
on the Project of any of their duties, obligations, or responsibilities under their respective agreements or
contracts, unless expressly authorised by the Employer in response to an application by the Service Provider
in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall do so
in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the Employer from
all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such person shall
have complete authority to receive instructions from and give information to the Employer on behalf of the
Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force such
insurance policies in respect of their own risks in performing the Services as are stipulated in the Contract
Data, subject to the approval of the Employer, which approved shall not be unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that the
insurance required in terms of Clause 5.4.1 has been taken out with an insurance company registered in the
Republic of South Africa, or as otherwise approved by the Employer and maintained in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any of the
following actions:
a) appointing Sub-contractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may make
recommendations to the Employer in respect of the appointment of such Others. The Service Provider shall,
however, only be responsible for his own performance and the performance of sub-contractors unless
otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope, cost or timing of the
Services, the Service Provider shall give notice thereof to the Employer, save that the Service Provider is
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empowered to make minor changes or variations within the overall programme or budget and within such
parameters as are defined by the Employer, provided that such changes are reported timeously to the
Employer.
5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s respective
obligations under the Contract) to preserve the integrity of the Employer’s data including appropriate back-up
procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service Provider, the
Employer shall at the Service Provider’s expense, have the option to:
5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with the
Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity requirements and
the Employer’s information-security policies. Access shall be limited to authorised persons, information shall
be used only for the Contract, and any actual or suspected loss, unauthorised access or security compromise
shall be reported to the Employer immediately. On completion or termination, the Service Provider shall return
or securely destroy information as instructed, subject to lawful record-retention requirements.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper performance
in the amount and currencies stated in the Contract Data. If an amount is not stated in the Contract Data, this
sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date of issue
of the Letter of Acceptance. The Performance Security shall be issued by an insurance company or bank
registered or licensed as an insurance company or bank to do business in the Republic of South Africa and
approved by the Employer and having an office or banking facility in the Republic of South Africa. The
Performance Security shall be subject to approval by the Employer and shall be in the form prescribed in the
tender documents.
6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s sole
remuneration in connection with the Contract, or the Services, and the Service Provider shall not accept for his
own benefit any trade commission, discount, or similar payment in connection with activities pursuant to the
Contract, or in the discharge of his obligations under the Contract, and shall use his best efforts to ensure that
the Personnel, any Sub-contractors, and agents of either of them shall, similarly, not receive any additional
remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity
or commission in respect of any patented or protected article or process used in or for the purposes of the
Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forebore to do any act in relation
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to the obtaining or performance of this contract or any other contract with the Employer or for showing or
forbearing to show favour or disfavour to any person in relation to this contract; nor
(b) Enter into this contract if in connection with it commission or a reward of any type has been paid, offered
or agreed to be paid to any person of the Employer by the Service Provider or on his behalf or knowledge.
6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a breach
of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone employed by
him or acting on his behalf in relation to this contract or any other agreement with the Employer, the Employer
may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon the
Service Provider to show cause, in writing, within fourteen (14) days of receipt of the written notice why
the Employer should not terminate this Contract on the grounds of the alleged breach(es) of Clause 6.4.1
of this Contract;
(b) withhold all payments due;
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to respond
to the Employer’s written response, to satisfy the Employer that his opinion is unfounded. Provided always
that such termination shall not prejudice or affect any right of action or remedy, which shall have accrued
or shall accrue thereafter to the Employer and provided also that the Employer may recover from the
Service Provider such sum as the Employer deems equivalent to the amount or value of any such gift,
consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that any contract
with a Government or public sector body has been or was obtained by the Service Provider through actions
that mutatis mutandis are similar in nature to those barred in terms of Clause 6.4.2 by the Service Provider or
by anyone employed by the Service Provider or acting on the Service Provider’s behalf in relation to such
Contract, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon
the Service Provider to show cause, in writing within fourteen (14) days of receipt of the written notice
why the Employer should not terminate this Contract on the grounds of the alleged breach(es) of
Clause 6.4.1 of this contract;
(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to
respond to the Employer’s written notice within the prescribed time, or fails, in his written response, to
satisfy the Employer that this opinion is unfounded. Provided always that such termination shall not
prejudice or affect any right of action or remedy, which shall have accrued or shall accrue thereafter to
the Employer.
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms of the
Contract and shall enter all data pertaining to Personnel including titles, job descriptions, qualifications and
estimated periods of engagement on the performance of the Services in the Personnel Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of time
indicated therein. The Service Provider may, subject to the approval of the Employer, make such adjustments
to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the efficient performance
of the Services, provided that the adjustments will not cause payments to exceed any limit placed on the
Contract Price.
7.1.3 The Service Provider shall:
(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel Schedule
and a timetable for the placement of Personnel.
(b) inform the Employer of the date of commencement and departure of each member of Personnel during
the course of the Project.
(c) submit to the Employer for his approval a timely request for any proposed change to Personnel, or
timetables.
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7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to perform the
Services.
7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in the
Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made available, the
Service Provider may engage a replacement who is equally or better qualified to perform the stated duty,
subject to the Employer’s approval, which approval shall not be unreasonably withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he shall submit
the name, relevant qualifications and experience of the proposed replacement person to the Employer for
approval.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replacement shall
not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement not
provided for by the Contract, the Service Provider shall bear all additional costs arising out of or incidental to
such replacement.
7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment
necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays for Personnel
provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to be determined by
the Service Provider. The Employer will not be responsible for overtime payments to Personnel unless so
specifically provided for in the Pricing Schedule.
Contract
8.1 Commencement
The effective date of the contract shall be the date of the Form of Acceptance.
The Contract shall come into effect on the date that it is signed by both Parties or such later date as may be
stated in the Contract Data. The Service Provider shall commence the performance of the Services within thirty
(30) days after the date that the Contract becomes effective, or such date as may be specified in the Contract
Data. The supervision phase shall commence on the date confirmed by the Employer at the Works Contract
hand-over meeting.
8.2 Completion
8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract shall be
concluded when the Service Provider has completed all Deliverables in accordance with the Scope of Work.
8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed in
completing the Contract by any of the following causes:
a) variations to Services ordered by the Employer.
b) failure of the Employer to fulfil his obligations under the Contract.
c) any delay in the performance of the Services which is not due to the Service Provider’s default.
d) Force Majeure
8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the Employer of
his intention to make a request for the extension of the Period of Performance to which he considers himself
entitled and shall within 30 days thereafter deliver to the Employer full and detailed particulars of the request,
in order that it may be investigated at the time.
8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period of
Performance as may be justified, either prospectively or retrospectively, or inform the Service Provider that he
The document which defines the Employer’s objectives and requirements and specifies the Services which must,
or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to perform the Services
described in the Contract, and legal successors to the Service Provider and legally permitted assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the Scope of Work.
Sub-contractor
A person or body corporate who enters into a sub-contract with the Service Provider to perform part of the
Services.
Targeted Enterprise
A Consulting Engineering Firm who is an EME (BEP)* or QSE (BEP)*, contracted by the Service Provider to
perform a tendered percentage of work stated in the Contract Data under his guidance and which complies with
the following:
a) is at least 51% owned by black people: and
b) has a B-BBEE status* of “level one or level two contributor’; and
c) does not share equity holding with the Service Provider; and
d) is registered in terms of the Companies Act, 2008 (Act No. ) or Close Corporation Act, 1984 (Act
No. ); and
e) is registered on the National Treasury’s Central Supplier Database (CSD).
published in Notice in Government Gazette No 41287 on 1 December 2017.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective functions/duties as defined under
the Contract.
Transferred Road
A provincial or other public road, road section or related asset that is declared or incorporated into the national
road network and is formally handed over to SANRAL, or that the Employer instructs the Service Provider in
writing to assess or manage pending such transfer, subject to the Contract’s variation and payment provisions.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the service provider has
been appointed for the performance of the services specified in this contract.
Youth
For purposes of this contract, Youth means persons between the ages of 16 and 35.
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes
of interpretation, the priority of documents shall be in accordance with the following sequence:
a) the Form of Acceptance
b) the Form of Offer
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c) the Contract Data
d) the General Conditions of Contract
e) the Scope of Work
f) the Pricing Schedule and any other documents forming part of the Contract.
2.3 If there is any conflict between the provisions of these General Conditions of Contract and the Contract Data,
the provisions of the Contract Data shall prevail.
2.4 The clause headings shall not limit, alter or affect the meaning of the Contract.
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes, ordinances and other laws
including the South African Common Law, and regulations and by-laws of any legally constituted public
authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a result of changes
in, or additions to, any statute, regulation or bye-law, or the requirements of any authority having jurisdiction
over any matter in respect of the Project, then the Contract Price and time for completion shall be adjusted in
order to reflect the impact of those changes, provided that, within 14 days of first having become aware of the
change, the Service Provider furnished the Employer with detailed justification for the adjustment to the
Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract shall be in
English.
3.4 Notices
3.4.1 Any notice, request, consent or other communication under the Contract shall be in writing and delivered by
hand, courier, registered post or email to the address stated in the Contract Data. A hand or courier delivery is
effective when acknowledged at that address; registered post is effective seven (7) days after posting; and
email is effective when transmitted without a delivery-failure notice, provided that a notice of default, termination
or dispute is also delivered by hand, courier or registered post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his communication and, wherever
there is deadline for the receipt of the communication, he may demand evidence of receipt of his
communication. In any event, the sender shall take all the necessary measures to ensure receipt of
communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30 days advance notice
of such change.
3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and where the location
of a particular task is not so specified, at such locations as the Employer may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or publish material
related to the Services or Project within two (2) years of completion of the Services without the written approval
of the Employer, which approval shall not be unreasonably withheld.
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3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context of the Contract
confidential and shall not divulge it without the written approval of the other Party except to the extent strictly
necessary to carry out obligations under this Contract or to comply with applicable laws.
3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract, order variations to
the Services or may request the Service Provider to submit proposals, including the time and cost implications,
for variations to the Services. No variation shall have any force or effect unless reduced to writing and signed
by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation into the Contract
of any variations to the Services ordered by the Employer, including any change in the Contract Price, shall be
agreed in writing between the Service Provider and the Employer, prior to the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any additional cost
attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the Services and no
representation not contained therein shall be of any force or effect. No amendments will be of any force or
effect unless reduced to writing and signed by both Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer, its agents and
employees, from and against all actions, claims, losses and damage arising from any wilful or negligent act or
omission by the Service Provider or his sub-contractors in the performance of the Services, including any
violation of legal provisions, or rights of others, in respect of patents, trademarks and other forms of intellectual
property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider does not perform
the Services within the Period of Performance, the Employer shall without prejudice to his other remedies under
the Contract, be entitled to levy a penalty for every day or part thereof, which shall elapse between the end of
the period specified for performance, or an extended Period of Performance, and the actual date of completion,
at the rate and up to the maximum amount stated in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he may after giving
notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
3.11.3 In the event that due to his negligence or for reasons within his control, the Service Provider does not disclose
sub-contracting arrangements, the Employer may be entitled to levy a penalty as stated in the Contract Data.
3.11.4 In the event that due to his negligence or for reasons within his control, the Service Provider does not perform
the service of capturing structures inventory updates, the Employer shall be entitled to levy a penalty as stated
in the Contract Data.
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer shall be
entitled to levy a penalty for the additional time spent by the Employer to correct the documentation and/or
design to the required acceptable standard at the hourly tariffs as specified under Additional Duties.
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3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or purchased by the Service
Provider with funds provided by the Employer for the performance of the Services shall be the property of the
Employer and shall be marked accordingly. Upon termination or expiration of the Contract, the Service
Provider shall make available to the Employer an inventory of such equipment and materials and shall dispose
of them in accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense, insure the
equipment and materials referred to in 3.12.1 for their full replacement value.
3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the Contract
requires him to undertake anything which is illegal or impossible.
3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the Employer a
programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the Employer and
Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer and Others
to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend the programme.
Where this is not practicable, the Service Provider shall advise the Employer accordingly and advise him of
alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date and expected
future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by reason of it being
invalid, illegal, unlawful or unenforceable and as a consequence of which prevents the accomplishment of the
purpose of this Contract, the Employer and the Service Provider shall meet and review the matter to adopt
means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is expressly stated
in writing, by the Party against whom such defence is raised, to be a waiver of such provisions and is
communicated to the other Party in writing in accordance with the provisions of Clause 3.4.
4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available information and data
in the Employer’s possession which may be required for the performance of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining other relevant
information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all information furnished by
or on behalf of the Employer.
4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly referred to him in writing
by the Service Provider so as not to delay the performance of Services.
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4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct the proper
performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the performance of the
Services;
4.3.2 provide all relevant data, information, reports, correspondence and the like, which become available;
4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the performance of the
Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal authorities having
jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and receiving
communications on his behalf and interpreting and defining his policies and requirements in regard to the
Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the execution of work
necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any of the duties and
responsibilities of the Service Provider in terms of the Contract or which imposes obligations on him, without
first obtaining the Service Provider’s written agreement thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope, cost or timing of
the Services, or on becoming aware of any defect or deficiency in the Services, the Employer shall immediately
advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any contract or
agreement, on behalf of the Employer, then the Employer shall issue instructions related to such work, services,
contract or agreement only through the Service Provider.
4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions of the
Contract.
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all reasonable
care, diligence and skill in accordance with generally accepted professional techniques and standards and
shall be responsible for breach of professional duty by reason of any error, omission or neglect in connection
with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise discretion in regard
to a contract or agreement between the Employer and Others, then the Service Provider shall act in respect of
that contract or agreement as an independent professional
5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service Provider shall
designate one person to act as leader with authority to bind the joint venture or consortium. Neither the
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composition nor the constitution of the joint venture or consortium shall be altered without the prior consent in
writing of the Employer, which shall not be unreasonably withheld.
5.1.4 Unless otherwise instructed in writing, the Service Provider is appointed as the Employer’s mandatary for the
purposes of section 37(2) of the Occupational Health and Safety Act, 1993 (Act No. ), and as the
Client’s agent in terms of regulation 5(5) of the Construction Regulations, 2014. The Service Provider shall
perform the duties in regulations 5(6) and 5(7), and the designer duties in regulation 6 where applicable.
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations for checking by
Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s) required in terms of
clause 5.4.1.
5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to undertake work
on the Project of any of their duties, obligations, or responsibilities under their respective agreements or
contracts, unless expressly authorised by the Employer in response to an application by the Service Provider
in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall do so
in accordance with the provisions of the SANRAL Act, (Act ) and shall indemnify the Employer from
all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such person shall
have complete authority to receive instructions from and give information to the Employer on behalf of the
Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in force such
insurance policies in respect of their own risks in performing the Services as are stipulated in the Contract
Data, subject to the approval of the Employer, which approved shall not be unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer showing that the
insurance required in terms of Clause 5.4.1 has been taken out with an insurance company registered in the
Republic of South Africa, or as otherwise approved by the Employer and maintained in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia, any of the
following actions:
a) appointing Sub-contractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may make
recommendations to the Employer in respect of the appointment of such Others. The Service Provider shall,
however, only be responsible for his own performance and the performance of sub-contractors unless
otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope, cost or timing of the
Services, the Service Provider shall give notice thereof to the Employer, save that the Service Provider is
empowered to make minor changes or variations within the overall programme or budget and within such
parameters as are defined by the Employer, provided that such changes are reported timeously to the
Employer.
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5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s respective
obligations under the Contract) to preserve the integrity of the Employer’s data including appropriate back-up
procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the Service Provider, the
Employer shall at the Service Provider’s expense, have the option to:
5.8.3 The Service Provider shall process personal information and protect Employer data in accordance with the
Protection of Personal Information Act, 2013 (Act No. ), applicable cybersecurity requirements and
the Employer’s information-security policies. Access shall be limited to authorised persons, information shall
be used only for the Contract, and any actual or suspected loss, unauthorised access or security compromise
shall be reported to the Employer immediately. On completion or termination, the Service Provider shall return
or securely destroy information as instructed, subject to lawful record-retention requirements.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for proper performance
in the amount and currencies stated in the Contract Data. If an amount is not stated in the Contract Data, this
sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of the date of issue
of the Letter of Acceptance. The Performance Security shall be issued by an insurance company or bank
registered or licensed as an insurance company or bank to do business in the Republic of South Africa and
approved by the Employer and having an office or banking facility in the Republic of South Africa. The
Performance Security shall be subject to approval by the Employer and shall be in the form prescribed in the
tender documents.
6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service Provider’s sole
remuneration in connection with the Contract, or the Services, and the Service Provider shall not accept for his
own benefit any trade commission, discount, or similar payment in connection with activities pursuant to the
Contract, or in the discharge of his obligations under the Contract, and shall use his best efforts to ensure that
the Personnel, any Sub-contractors, and agents of either of them shall, similarly, not receive any additional
remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or of any gratuity
or commission in respect of any patented or protected article or process used in or for the purposes of the
Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
(a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forebore to do any act in relation
to the obtaining or performance of this contract or any other contract with the Employer or for showing or
forbearing to show favour or disfavour to any person in relation to this contract; nor
(b) Enter into this contract if in connection with it commission or a reward of any type has been paid, offered
or agreed to be paid to any person of the Employer by the Service Provider or on his behalf or knowledge.
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6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion, that a breach
of any of the provisions of Clause 6.4.1 has been perpetrated by the Service Provider or anyone employed by
him or acting on his behalf in relation to this contract or any other agreement with the Employer, the Employer
may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon the
Service Provider to show cause, in writing, within fourteen (14) days of receipt of the written notice why
the Employer should not terminate this Contract on the grounds of the alleged breach(es) of Clause 6.4.1
of this Contract;
(b) withhold all payments due;
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to respond
to the Employer’s written response, to satisfy the Employer that his opinion is unfounded. Provided always
that such termination shall not prejudice or affect any right of action or remedy, which shall have accrued
or shall accrue thereafter to the Employer and provided also that the Employer may recover from the
Service Provider such sum as the Employer deems equivalent to the amount or value of any such gift,
consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion that any contract
with a Government or public sector body has been or was obtained by the Service Provider through actions
that mutatis mutandis are similar in nature to those barred in terms of Clause 6.4.2 by the Service Provider or
by anyone employed by the Service Provider or acting on the Service Provider’s behalf in relation to such
Contract, the Employer may:
(a) summarily suspend the operation of this Contract by notice in writing to the Service Provider, informing
him of the Employer’s opinion and the grounds and reasons upon which it is based, and calling upon
the Service Provider to show cause, in writing within fourteen (14) days of receipt of the written notice
why the Employer should not terminate this Contract on the grounds of the alleged breach(es) of
Clause 6.4.1 of this contract;
(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service Provider fails to
respond to the Employer’s written notice within the prescribed time, or fails, in his written response, to
satisfy the Employer that this opinion is unfounded. Provided always that such termination shall not
prejudice or affect any right of action or remedy, which shall have accrued or shall accrue thereafter to
the Employer.
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in terms of the
Contract and shall enter all data pertaining to Personnel including titles, job descriptions, qualifications and
estimated periods of engagement on the performance of the Services in the Personnel Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the periods of time
indicated therein. The Service Provider may, subject to the approval of the Employer, make such adjustments
to the data provided in terms of Clause 7.1.1 above as may be appropriate to ensure the efficient performance
of the Services, provided that the adjustments will not cause payments to exceed any limit placed on the
Contract Price.
7.1.3 The Service Provider shall:
(a) forward to the Employer for approval, within 15 days of the award of the Contract, the Personnel Schedule
and a timetable for the placement of Personnel.
(b) inform the Employer of the date of commencement and departure of each member of Personnel during
the course of the Project.
(c) submit to the Employer for his approval a timely request for any proposed change to Personnel, or
timetables.
7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel required to perform the
Services.
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7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as listed in the
Contract Data to perform specific duties. If at any time, a particular Key Person cannot be made available, the
Service Provider may engage a replacement who is equally or better qualified to perform the stated duty,
subject to the Employer’s approval, which approval shall not be unreasonably withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel Schedule, he shall submit
the name, relevant qualifications and experience of the proposed replacement person to the Employer for
approval.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a replacement shall
not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a replacement not
provided for by the Contract, the Service Provider shall bear all additional costs arising out of or incidental to
such replacement.
7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and equipment
necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays for Personnel
provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not stated, to be determined by
the Service Provider. The Employer will not be responsible for overtime payments to Personnel unless so
specifically provided for in the Pricing Schedule.
Contract
8.1 Commencement
The effective date of the contract shall be the date of the Form of Acceptance.
The Contract shall come into effect on the date that it is signed by both Parties or such later date as may be
stated in the Contract Data. The Service Provider shall commence the performance of the Services within thirty
(30) days after the date that the Contract becomes effective, or such date as may be specified in the Contract
Data. The supervision phase shall commence on the date confirmed by the Employer at the Works Contract
hand-over meeting.
8.2 Completion
8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the Contract shall be
concluded when the Service Provider has completed all Deliverables in accordance with the Scope of Work.
8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be delayed in
completing the Contract by any of the following causes:
a) variations to Services ordered by the Employer.
b) failure of the Employer to fulfil his obligations under the Contract.
c) any delay in the performance of the Services which is not due to the Service Provider’s default.
d) Force Majeure
8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify the Employer of
his intention to make a request for the extension of the Period of Performance to which he considers himself
entitled and shall within 30 days thereafter deliver to the Employer full and detailed particulars of the request,
in order that it may be investigated at the time.
8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the Period of
Performance as may be justified, either prospectively or retrospectively, or inform the Service Provider that he
is not entitled to an extension. Should the Service Provider find the decision of the Employer to be unacceptable
he shall, nevertheless, abide by such decision in the performance of the services and the matter shall be dealt
with as a dispute in terms of Clause 12.
Financial Requirements
Source: Bid NRA 2026 0167(E).zip (TENDER)Bid Bond: FORM OF GUARANTEE ......................................................................................................... C1-40
C1.3.2 Agreement in terms of the occupational health and safety act 1993 (act
NO ) and construction regulations 2014 ........................................................... C1-42
Compliance Requirements
Source: Bid NRA 2026 0167(E).zip (TENDER)No document content found in ZIP archive
No specific requirements found
Tax compliance permission declaration
Tax Compliance Permission Declaration which is attached hereto (Form C
tax compliance status through
Tax Compliance Status system for the duration of the Contract
tax compliance status
tax compliance status to the Employer
CSD Registration number CSD unique code
CSD Reports
CSD Report (use the pro-forma supplied),
CSD Report
Central Supplier Database (CSD) Report
Central Supplier Database (CSD)
Joint Venture Agreement
Tax Number Vat Registration number
tax compliance status through the SARS Tax Compliance Status system for the duration of the
tax compliance status on an ongoing basis for the contract term
CSD Report (use the pro-forma
B-BBEE Minimum Level: one
B-BBEE Details: ..............................................................................................................................
............................................................................................................................................... (in words)
(R .................................................................. in figures)
I/we confirm that if any difference between the total of the Pricing Schedule Summary and the amounts stated above
exists, the total in the Pricing Schedule Summary shall apply.
B. Preference claimed
I/we claim the following B-BBEE contributor status level .......... as per Returnable Schedule Form A12: Tenderer’s B-
BBEE Verification Certificate subject to Tender Data 5.11.8. In the event of any difference between the above stated
status level and the Verification Certificate attached to Form A12, the Verification Certificate shall apply.
You may accept this offer by signing and returning to the tenderer one copy of the acceptance part of the forms of offer
and acceptance before the end of the period of validity stated in the tender data, (or at the end of any agreed extension
thereof), whereupon the tenderer becomes the party named as the service provider in the conditions of contract
identified in the contract data.
Notwithstanding anything contained in a covering letter to this tender, I/we declare this offer is submitted entirely without
deviations or qualifications other than those stipulated in Form A4: Schedule of Deviations or Qualifications by the
tenderer and that it is made free from any fraud, corruption and misrepresentation.
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Yours faithfully
Signature: ................................................................... Date: ..................
Section
Source: Bid NRA 2026 0167(E).zip(ii) Bid Evaluation Committee (BEC) (Please note that this will be on another SANRAL project).
3.11.5 In the event that the draft documentation and/or design is of sub-standard/poor quality, the Employer shall be
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Act 5 of 2000
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Act 12 of 2004
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Act 28 of 2024
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Act 2 of 2000
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity.
Act 3 of 2000
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
Address
Kuisis St, Val-De-Grace, Pretoria, 0184, South Africa
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
1
Last checked
08 Sept 2026
AI status
Enhanced
Data conflicts
None detected
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
Contact
041-398-3200[email protected]eccogta.gov.zaKuisis St, Val-De-Grace, Pretoria, 0184, South Africa
Key Personnel
Median Estimate
R 351 439
Range
Based on 25 comparable awarded tenders. Companies with similar profiles typically bid near the median.
* Estimates are based on historical data and do not guarantee actual award values.
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