Supply, delivery and offloading of high-grade hot-mix asphalt and pothole repairs — king phalo airport (6-Month term contract)

Closing

• Closing date and time: 29 October 2026 at 12:00.

Contract milestones

• Starting date: on signing of the contract by both parties.
• Service period: not exceeding six months.
• Contractor's Plan: due within 14 calendar days of the Contract Date.
• Period for reply: 7 calendar days.
• Assessment interval: the 15th day of each successive month.
• Repairs to commence within 14 working days after receipt of a purchase order.
• Safety file and Construction Manager appointment: submitted 7 days before work commences.
• Work guarantee: one year from signing of the completion certificate.

Service Manager

• Name: Mr. Samkelo Luyenge
• Role: Service Manager, King Phalo Airport

Employer

Airports Company South Africa SOC Limited

King Phalo Airport

66 Settlersway

Greenfields

East London

5201

Dispute resolution

• Adjudicators and arbitrators are appointed from a listed panel when a dispute arises; the nominating body is the Chairman of the Johannesburg Advocates Bar Council.

Returnable documents

• Form of Offer and Acceptance (Part C1.1): signed by a duly authorised representative with a witness; the offered total (VAT inclusive) is carried over from the Activity Schedule.
• Schedule of Deviations: the only permitted channel for any deviation from the tender documents.
• Contract Data Part Two: contractor name, address, telephone, fax and key personnel.
• Activity Schedule (Part C2): priced per activity, VAT exclusive.
• Occupational Health and Safety Agreement (Section 37(2)): signed by a Section 16.2 appointee.
• Key personnel CVs appended to the Tender Schedule (name, job, responsibility, qualifications, experience).
• Safety file and proof of insurance before work starts.

Offer mechanics

• The offer is accepted when the employer signs the acceptance part and returns a copy before the end of the validity period stated in the tender data.
• The agreement takes effect on the date the contractor receives one fully completed original copy.
• Within two weeks of receiving the completed agreement, the contractor must contact the Service Manager to arrange delivery of bonds, guarantees, proof of insurance and other required documentation.
• The contractor may notify the employer in writing within five working days of receipt of any reason it cannot accept the agreement.

Scope

• Supply, deliver and offload high-grade hot-mix asphalt and repair potholes at King Phalo Airport (KPA) over a period not exceeding six months.
• Saw cut and excavate defective areas to a depth of not less than 50 mm.
• Clean the excavation and apply a tack coat.
• Apply not less than 50 mm of continuously graded medium hot asphalt, compacted to a minimum 93% rice density, mix specification per Table 8.1, using 50/70 penetration grade bitumen, and compact to final level.
• Restore painted areas with quick-drying matt finish paint with good adhesion, coverage, durability and abrasion resistance; hand painting is not permitted.
• Transport and dispose of rubble off site unless the Service Manager agrees otherwise (for example, to the service road on Airside).
• Replace and/or repair manhole covers and paving.
• The finished surface must withstand the turning of heavy-duty trucks.

Deliverables and capacity

• The contractor must prepare its own comprehensive, detailed method statement.
• A fully detailed safety file must be submitted before work starts.
• All employees must be issued complete PPE before any service delivery; without it they may not work.
• Work is guaranteed for a minimum of one year from signing of the completion certificate.
• Detailed area-based scope in Annexure A; activity quantities in the Activity Schedule (items 1–30, plus insurance, permits and safety file items).

Method statement

• The contractor must prepare its own comprehensive, detailed method statement.

Key personnel

• CVs of the contractor's key people must be appended to the Tender Schedule.
• For each key person, provide name, job, responsibility, qualifications and experience.

Activity Schedule (King Phalo Airport)

• Items 1–30 cover supply of material, plant and labour, surface preparation, compaction and application of hot asphalt, with some items replacing broken concrete; quantities are in m² with tendered rates.
• Examples: Item 1 Drop Off Zone Stop Sign 0.54 m²; Item 4 Hump along Bluu Rental Depot 36.80 m²; Item 30 replace damaged concrete 20 units.
• Part 2 items: insurance (once off for the contract duration); airport permits and parking fees (AIT and security awareness training) R10 000 once off, paid at proven cost; safety file quote.
• The total is carried over to the Form of Offer and Acceptance.
• Payment is made for each activity only when it is complete; day work is provisional and payable only on written order.

Pricing

• Priced on the Activity Schedule: a lump sum per activity, VAT exclusive; no other items are measured.
• Prices must cover all risks, liabilities, obligations, profit, expenses, costs, bonuses, allowances (shift, standby, sick leave, other leave), fixings, incidentals and consumables.
• Payment is made for each activity only when it is complete.
• Day work quantities and rates form part of the tender price but are provisional and payable only on written order.
• Variations are priced at Activity Schedule rates; items without rates are agreed as non-scheduled items.
• Provisional sums and contingency amounts are spent as directed; any balance is deducted from the contract sum.
• The offered total (VAT inclusive) is carried to the Form of Offer and Acceptance; the Activity Schedule prevails in any conflict.

Payment terms

• Payment within 30 days after receipt of a valid tax invoice.
• Assessment interval: the 15th day of each successive month.
• Interest rate: Nedbank prime lending rate.
• Currency: South African Rand (ZAR).

Insurance and other costs

• Aviation liability insurance with an indemnity limit of not less than R300 000; proof of insurance to ACSA before work starts and annually thereafter.
• Public liability insurance cover.
• Airport permits and parking fees (AIT and security awareness training): R10 000 once off, paid at proven cost (Annexure B).

Registration and tax

• Registered on the Central Supplier Database (CSD).
• Valid SARS tax clearance certificate; a compliant tax clearance certificate must be presented annually.

B-bbee

• A compliant B-BBEE certificate must be presented annually.
• Failure to provide the B-BBEE or tax clearance certificate is a material breach and may lead to cancellation of the contract.

Occupational health and safety

• Occupational Health and Safety Agreement under Section 37(2) of the OHS Act and Construction Regulation 5.1(k), concluded before any work starts.
• COID Act cover for all employees, with a letter confirming good standing with the Compensation Fund or a licensed insurer before work starts.
• Baseline risk assessment by a competent person before work starts.
• Written Construction Manager appointment (Construction Regulation 8) and full safety checklist documentation submitted 7 days before work commences.
• Public liability insurance and other adequate cover for the duration of the contract.

Insurance

• Aviation liability insurance of not less than R300 000.

Contract conduct

• No cession, delegation or assignment without the employer's written consent.
• Joint ventures, consortia and unincorporated groupings are jointly and severally liable.
• Business rescue proceedings are a termination trigger.
• Anti-bribery, anti-corruption and anti-money-laundering compliance; breach is grounds for termination.

B-BBEE and tax

• A compliant B-BBEE certificate and a tax clearance certificate must be presented annually.
• Failure to provide them is a material breach and may lead to cancellation of the contract.

Occupational health and safety

• Section 37(2) OHS Act and Construction Regulation 5.1(k) agreement must be concluded before any contractor or subcontracted work starts.
• Submit a fully detailed safety file before work starts; all safety checklist documentation, including the written Construction Manager appointment (Construction Regulation 8), must be submitted 7 days before work commences.
• Issue complete PPE to all employees before any service delivery; without it they may not work.
• Perform a baseline risk assessment by a competent person before work starts, covering hazard identification, risk analysis and evaluation, safe work procedures, and a monitoring and review plan.
• Appoint competent persons trained on OHS aspects; enforce OHS discipline; make written safe working practices available and enforced.
• Report all incidents and accidents to the Provincial Director: Department of Labour and to the client.
• Obtain an approved permit before performing permit-required work.
• No alcohol or intoxicating substances on the client's premises; anyone suspected of being under the influence is removed.
• All employees must be covered under the COID Act, with a letter confirming good standing with the Compensation Fund or a licensed insurer before work starts.
• Maintain public liability insurance and other adequate cover for the duration of the contractual relationship.

Contract framework

• NEC3 Term Service Contract (April 2013); main option A (priced contract with price list); dispute resolution option W1; secondary options X1, X2, X17, X18, X19 and Z.
• Law of the contract: Republic of South Africa. Language: English.
• Period for reply: 7 calendar days.
• Contractor's Plan: within 14 calendar days of the Contract Date.
• Starting date: on signing by both parties. Service period: not exceeding six months.
• Assessment interval: the 15th day of each successive month. Currency: ZAR. Payment within 30 days of a valid tax invoice. Interest: Nedbank prime lending rate.

Liability

• Neither party is liable for indirect or consequential loss, including loss of profit, income or revenue.
• The contractor's total direct liability is limited to damages and costs to the employer's property, excluding loss of or damage to the employer's property, defects liability, insurance liability, death or injury, IP infringement and accidental damage to the employer's property.

Dispute resolution

• An adjudicator is appointed from a listed panel when a dispute arises; the tribunal is arbitration in Johannesburg under the Rules for the Conduct of Arbitrations 2013 (7th Edition).

Other conditions

• Termination (Z5): business rescue proceedings are a termination trigger.
• Cession, delegation and assignment (Z8): not permitted without the employer's written consent.
• Joint and several liability (Z9): JV, consortium or unincorporated grouping members are jointly and severally liable.
• Ethics (Z10): no corrupt or illegal inducements; compliance with anti-bribery, anti-corruption and anti-money-laundering laws; breach is grounds for termination.
• Confidentiality (Z11), step-in rights (Z12), liens and encumbrances (Z13), intellectual property (Z14).
• Compensation events (Z16): the notification period in clause 61.3 is reduced from eight weeks to four weeks.
• Communication (Z18): the employer's written consent is required for design, scope or Service Information changes of 5% or more, and for Completion Date extensions of more than 30 days.
• Delegation (Z19): the contractor is an employer in its own right under the OHS Act.

Insurance and guarantee

• Aviation liability insurance of not less than R300 000; proof of insurance to ACSA before work starts and annually thereafter.
• All work guaranteed for a minimum of one year from signing of the completion certificate.

Service Manager

• Name: Mr. Samkelo Luyenge
• Role: Service Manager, King Phalo Airport

Employer

Airports Company South Africa SOC Limited

King Phalo Airport

66 Settlersway

Greenfields

East London

5201

Dispute resolution panels

• Adjudicators and arbitrators are drawn from a listed panel when a dispute arises.
• Panel members: Adv. Ghandi Badela (Gauteng, +27 11 282 3700, [email protected]); Mr. Errol Tate Pr. Eng. (Durban, +27 11 262 4001, [email protected]); Adv. Saleem Ebrahim (Gauteng, +27 11 535-1800, [email protected]); Mr. Sebe Msutwana Pr. Eng. (Gauteng, +27 11 442 8555, [email protected]); Mr. Sam Amod (Gauteng, [email protected]); Adv. Sias Ryneke SC (Gauteng, 083 653 2281, [email protected]); Mr. Emeka Ogbugo, Quantity Surveyor (Pretoria, +27 12 349 2027, [email protected]).