How will bids be evaluated?

No eligibility criteria specified

What financial requirements apply to bidders?

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

What are the important dates and deadlines for this tender?

{"briefingSession":"{\"date\":\"10 SEPTEMBER 2026\",\"time\":\"10:00AM\",\"venue\":\"E: 10 SEPTEMBER 2026 @10:00AM\",\"is_compulsory\":false}"}

Who should be contacted for queries about this tender?

{"name":null,"email":null,"phone":"002-188-2023","department":null,"address":"ute reference of Board resolution if different from returnable schedule Form A2: Certificate of Authority"}

FOR THE PROVISION OF ROUTINE ROAD MAINTENANCE CONSULTING SERVICES FOR THE PROJECTS IN THE MPUMALANGA PROVINCE

Technical Specifications

Source: Batch 3.zip (TENDER)

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.

Purpose of this document

The purpose of this document is to guide the user on the installation, system requirements and prerequisites

of the software.

Software Overview

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.

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Software Download

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.

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Registration Process

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

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Approved Licence Number

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.

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.

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Registered User Login Window

i. Username should Auto-Populate>

ii. Capture Password details>

iii. License Key number should Auto-Populate>

iv. Click on the Login button.

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Software Update

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.

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 >

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

Registered User Login Window (For updated Version)

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

Document #: Rev.:

Integrated Transport Information System

Title: SARDS Registration Document Page #:

(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

This form has been created as an aid to ensure a tenderer’s compliance with the completion of the returnable forms and schedules and subsequent placement in the correct envelope.

C1.2.3 Contract data – information provided by the tenderer

i) permission was not granted, where applicable: or

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 Mpumalanga described in the table below:

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).

NOTE: All references to EME, QSE, B-BBEE status are in terms of the amended Construction 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.

Interpretation

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.

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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.

General

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

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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.

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.

Employer’s obligations

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.

Service provider’s obligations

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:

require the Service Provider to restore or procure the restoration of such data; or;
itself restore or procure restoration of such data.

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.

Conflicts of interest, corruption and fraud

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;

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

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.

Service provider’s personnel

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.

timetables.

7.2 Staff and equipment

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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.

Commencement, completion, modification suspension and termination of the

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

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).

NOTE: All references to EME, QSE, B-BBEE status are in terms of the amended Construction 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.

Interpretation

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.

Sensitivity - General

C1-20

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.

General