How will bids be evaluated?

{ "experience": "Minimum of 3 relevant completion works in the past 10 years", "documentation": "Valid completion certificates or reference letters with required details", "functionality": "Must score at least 60 points in functionality evaluation to proceed" }

What compliance and legal requirements must bidders meet?

Proof of Experience: - Submit completion certificates or reference letters on client letterhead. - Letters must include: client’s name, contract description, contract value, client/client’s representative details, and signature. - References must be contactable.

ACSA Eastern Cape Request for Quotation Repairs & Maintenance

Repairs and maintenance of civil equipment and machinery for a period of 36 months

Proof of Experience:

Submit completion certificates or reference letters on client letterhead.
Letters must include: client’s name, contract description, contract value, client/client’s representative details, and signature.
References must be contactable.

Functionality Evaluation (Minimum 60/100 required to proceed):

Company Experience:
Submit completion certificates or reference letters on client letterhead as proof of experience.
Letters must include: client’s name, contract description, contract value, client/client’s representative details, and signature.
References must be contactable.
Scoring:
100 points: Four (4) or more completion works in Equipment, Plant, or Machinery repairs, rehabilitation, servicing, or maintenance completed in the past 10 years.
60 points: Three (3) completion works in the same categories.
0 points: Irrelevant, no submission, or untraceable references.

Reference Letters Must Include:

Client’s name.
Contract description.
Contract value.
Client/client’s representative details and signature.
References must be contactable; untraceable references will result in disqualification.

Submit bids by 26 June 2026 at 11:00 AM via hand delivery to: Administrator Office, Aeropark Office Complex, Block A, 1st Floor, Allister Miller Drive, Walmer, Eastern Cape, South Africa (PO Box 5787, Walmer, Gqeberha, 6065). Late bids will not be accepted. Bids must be submitted on official forms provided (not re-typed). Each page of the bid must be signed or stamped. Envelopes must include bidder’s return address, bid description, bid number, and SCM department details. Telephonic, telegraphic, telex, facsimile, or email submissions are not accepted. Bidders must complete and sign the Tender Deposit Register. Submit one original plus one copy, and an electronic version (USB Flash Drive). Alternative bids are not considered. Ensure all returnable documents (e.g., Form of Offer, Pricing Schedules, Contract Data) are fully completed and returned.

Scope: Repairs and maintenance of civil equipment and machinery at Chief Dawid Stuurman International Airport on an as-when-required basis for 36 months. Contractor must demonstrate technical ability to deliver services meeting quality, reliability, and functionality standards. Specific deliverables and standards are detailed in Part C3 (Service Information/Scope of Work) and Appendices (e.g., Insurance Requirements, Safety, Environmental). Site inspection is compulsory to understand requirements; bidders must bring ID/safety gear (boots, reflector vest). Permit fee applies for site visits.

Pricing must be fixed for the 36-month contract duration (no adjustments for CPI, foreign fluctuations, etc.). Rates and prices must be in Rand. Include all duties, taxes (except VAT), and levies applicable 14 days before closing time. VAT must be shown separately. Submit pricing on official forms (C2.1 Pricing Assumptions, C2.2 Pricing/Activity Schedules). If requested, provide securities, bonds, guarantees, or insurance certificates before contract formation. Cost of tendering is not reimbursable.

Mandatory: CIDB contractor grading 1ME or higher. Tax Compliance: Submit SARS TCS PIN or CSD number. For consortia/JVs/sub-contractors, each party must submit separate TCS/CSD proof. Foreign suppliers: If no RSA presence, TCS PIN not required but must register per Section 2.3 if applicable. B-BBEE: Provide proof of status (certificate from SANAS-accredited agency or sworn affidavit). Joint ventures require consolidated B-BBEE certificates. Specific goals for preference points: B-BBEE levels, black youth/women ownership, disability ownership. Non-compliance with tax or B-BBEE proof results in zero preference points but not disqualification. Conflict of interest must be declared. Contractor must comply with Occupational Health and Safety Agreement and Insurance Schedule (Appendices 2 and 3).

Closing date for bids: 26 June 2026 at 11:00 AM. Closing date for enquiries: 19 June 2026. Compulsory briefing session and site inspection: Date not specified but stated as compulsory. Bidders must sign attendance list; addenda issued only to attendees. Employer responds to clarification requests by 20 November 2026 at 13:00 (note: this date appears inconsistent with other dates; verify with issuer). Addenda issued until 10 working days before closing time.

Bid/Technical Enquiries: Joseph Rulash. Email: [email protected]. Phone: 011 409 3943. Submission Address: Administrator Office, Aeropark Office Complex, Block A, 1st Floor, Allister Miller Drive, Walmer, Eastern Cape, South Africa (PO Box 5787, Walmer, Gqeberha, 6065). Note: Bidders may not contact any ACSA employee other than the listed contact for this tender.

Returnable Documents:

Maintenance

Contents:

Part C1 Agreements & Contract Data

Part C2 Pricing Data

Part C3 Employer’s Service

No specific requirements found

{"name":null,"email":null,"phone":null,"department":null,"address":"tions of contract identified in the Contract Data."}

Maintenance

Contents:

Part C1 Agreements & Contract Data

Part C2 Pricing Data

Part C3 Employer’s Service

CAD materials, data, software, models, plans, designs, programs, diagrams, evaluations, materials,

40.2 The quality policy statement and quality plan are provided within 2 weeks of the Contract start

No data required for this section of the terms and conditions of this contract.

10 Data for main Option clause

Refer to Z clause 1

11 Data for Option W1

W1.1 The Adjudicator is the person selected by the Parties as and when a dispute arises in terms of

the relevant Z Clause, from the Panel of Adjudicators provided under the relevant Z clause

W1.2(3) The adjudicator nominating body is the current Chairman of the Johannesburg Advocates’ Bar

Council.

W1.4(2) The tribunal is Arbitration

W1.4(5) The arbitration procedure is as set out in the Short the Rules for The Conduct of Arbitrations

2013 Edition, 7th Edition Rules of The Association of Arbitrators (Southern Africa).

The place where arbitration is to be held is Johannesburg, South Africa.

The Arbitrator is the person selected by the Parties as and when a dispute arises in terms of the

relevant Z Clause, from the Panel of Arbitrators provided under the relevant Z clause if the

arbitration procedure does not state who selects an arbitrator.

The Arbitrator nominating body is the Chairman of the Johannesburg Bar Council.

12 Data for Secondary Option clauses

X7 Delay Damages

Delay damages for each section of the work are

Amount per day is 2%, to the maximum of 10% of the Contract value in relation to the Total of

the Prices at completion date.

X10 The Employer’s Agent

X10.1 The Employer’s Agent is

Name: Mr Zuzokuhle Mbanjwa

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Address:

Airports Company South Africa

Chief Dawid Stuurman International Airport

Allister Miller Drive

Walmer

Private Bag X109

Gqebera

6001

The authority of the Employer’s Agent is Service Manager.

X11 Termination by Employer

X11.1 The Employer may terminate the Service Provider’s obligation to Provide the services for a

reason not stated in this contract by notifying the Service Provider.

X18 Limitation of liability

X18.1 The Service Provider’s liability to the Employer for indirect or consequential loss is Nil

The Employer’s liability to the Service Provider for indirect or consequential loss is Nil

The total Direct liability is unlimited for either party

X18.2 The Service Provider liability to the Employer for Defects that are not found until after the

defects date are unlimited.

X18.3 The date on which the liability in question prescribes in accordance with the Prescription Act

No. (as amended or in terms of any replacement legislation) for any other matter

Amendments to core clauses

Z6 Interpretation of the law

Add to core clause 12.3: Any extension, concession, waiver or relaxation of any action stated in this

contract by the Parties, the Service Manager, the Supervisor, or the Adjudicator does not constitute

a waiver of rights, and does not give rise to an estoppel unless the Parties agree otherwise and

confirm such agreement in writing.

Z7 Providing the Works: Delete core clause 20.1 and replace with the following:

The Consultant will supervise the works in accordance with the Works Information and warrants that

the results of the Works done in accordance with the drawings and specifications, when complete,

shall be fit for their intended purpose.

Z8 Extending the defects date: add the following as a new core clause 46:

Z8.1 If the Employer cannot use the works due to a Defect, which arises after Completion and before the

defects date, the defects date is delayed by a period equal to that during which the Employer, due to

a Defect, is unable to use the works.

Z8.2 If part of the works is replaced due to a Defect arising after Completion and before the defects date,

the defects date for the part of the works which is replaced is delayed by a period equal to that

between Completion and the date by when the part has been replaced.

Z8.3 The Project Manager notifies the Consultant of the change to a defect date when the delay occurs.

The period between Completion and an extended defects date does not exceed twice the period

between Completion and the defects date stated in the Contract Data.

Z9 Termination

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Z9.1 Add the following to core clause 91.1, at the second main bullet, fifth sub-bullet point, after the words

“assets or”: “business rescue proceedings are initiated, or steps are taken to initiate business rescue

proceedings”.

Additional z – clauses

Z10 Cession, delegation and assignment

Z10.1 The Consultant shall not cede, delegate or assign any of its rights or obligations to any person

without the written consent of the Employer, which consent shall not be unreasonably withheld.

Z10.2 The Employer may cede and/or delegate its rights and obligations under this contract to any person

or entity and may notify the Consultant prior to such cession and/or delegation taking place.

Z11 Ethics

Z11.1 The Consultant undertakes:

ZZ not to give or cause any offer, payment, consideration, or benefit of any kind, which constitutes or

could be construed as an illegal or corrupt practice, either directly or indirectly, as an inducement or

reward for the award or in execution of this contract; and

to comply with all laws, regulations or policies relating to the prevention and combating of bribery,

corruption and money laundering to which it or the Employer is subject, including but not limited to

the Prevention and Combating of Corrupt Activities Act, .

Z11.2 The Consultant’s breach of this clause constitutes grounds for terminating the Consultant’s

obligation to Provide the Works or taking any other action as appropriate against the Consultant

(including civil or criminal action). However, lawful inducements and rewards shall not constitute

grounds for termination.

Z11.3 If the Consultant is found guilty by a competent court, administrative or regulatory body of

participating in illegal or corrupt practices, including but not limited to the making of offers (directly or

indirectly), payments, gifts, gratuity, commission or benefits of any kind, which are in any way

whatsoever in connection with the contract with the Employer, the Employer shall be entitled to

terminate the contract in accordance with the procedures stated in core clause 92.2. the amount due

on termination is A1.

Z12 Confidentiality

Z12.1 All information obtained in terms of this contract or arising from the implementation of this contract

shall be treated as confidential by the Consultant and shall not be used or divulged or published to

any person not being a party to this contract, without the prior written consent of the Project Manager

or the Employer, which consent shall not be unreasonably withheld.

Z12.2 If the Consultant is uncertain about whether any such information is confidential, it is to be regarded

as such until otherwise notified by the Project Manager.

Z12.3 This undertaking shall not apply to –

Z1 Information disclosed to the employees of the Consultant for the purposes of the implementation of

this agreement. The Consultant undertakes to procure that its employees are aware of the

confidential nature of the information so disclosed and that they comply with the provisions of this

clause;

Information which the Consultant is required by law to disclose, provided that the Consultant notifies

the Employer prior to disclosure so as to enable the Employer to take the appropriate action to

protect such information. The Consultant may disclose such information only to the extent required

by law and shall use reasonable efforts to obtain assurances that confidential treatment will be

afforded to the information so disclosed; and

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Information which at the time of disclosure or thereafter, without default on the part of the

Consultant, enters the public domain or to information which was already in the possession of the

Consultant at the time of disclosure (evidenced by written records in existence at that time);

Z12.4 The taking of images (whether photographs, video footage or otherwise) of the works or any portion

thereof, in the course of Providing the Works and after Completion, requires the prior written consent

of the Project Manager. All rights in and to all such images vests exclusively in the Employer.

Z12.5 The Consultant ensures that all his Sub-Consultants abide by the undertakings in this clause.

Z13 Employer’s Step-in rights

Z13.1 If the Consultant defaults by failing to comply with his obligations and fails to remedy such default

within 2 weeks of the notification of the default by the Project Manager, the Employer, without

prejudice to his other rights, powers and remedies under the contract, may remedy the default either

himself or procure a third party (including any sub-Consultant or supplier of the Consultant) to do so

on his behalf. The reasonable costs of such remedial works shall be borne by the Consultant.

Z13.2 The Consultant co-operates with the Employer, facilitates and permits the use of all required

information, materials and other matter (including but not limited to documents and all other drawings,

CAD materials, data, software, models, plans, designs, programs, diagrams, evaluations, materials,

specifications, schedules, reports, calculations, manuals or other documents or recorded information

(electronic or otherwise) which have been or are at any time prepared by or on behalf of the

Consultant under the contract or otherwise for and/or in connection with the works) and generally

does all things required by the Project Manager to achieve this end.

Z14 Intellectual Property

Z14.1 Intellectual Property (“IP”) rights means all rights in and to any patent, design, copyright, trademark,

trade name, trade secret or other intellectual or industrial property right relating to the Works.

Z14.2 IP rights remain vested in the originator and shall not be used for any reason whatsoever other than

carrying out the works.

Z14.3 The Consultant gives the Employer an irrevocable, transferrable, non-exclusive, royalty free licence

to use and copy all IP related to the works for the purposes of constructing, repairing, demolishing,

operating and maintaining the works.

Z14.4 The Consultant shall indemnify and hold the Employer harmless against and from any claim alleging

an infringement of IP rights (“the claim”), which arises out of or in relation to:

Z14.4.1 the Consultant’s design, manufacture, construction or execution of the Works;

Z14.4.2 the use of the Consultant’s Equipment, or

Z14.4.3 the proper use of the Works.

Z14.5 The Employer shall, at the request and cost of the Consultant, assist in contesting the claim and the

Consultant may (at its cost) conduct negotiations for the settlement of the claim, and any litigation or

arbitration which may arise from it.

Z14.6 The Consultant will not use in whatsoever manner any of the IP of the Employer without the prior

written consent of the Employer.

Z15 Dispute resolution: The following amendments are made to Option W1:

Z15.1 Under clause W1.3, in the fourth row of the first column of the adjudication table, the following words

are added after the words “any other matter”: “excluding disputes relating to termination of the

contract”.

Z15.2 The following clauses are added at the end of clause W1.3:

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Z15.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No oral

submissions shall be heard during adjudication.”

Z15.2.2 “Disputes relating to or arising from termination of the Contract shall not be determined by an

adjudicator. Any such dispute shall be referred directly to arbitration.”

Z16 The Consultant shall be expected to annually present a compliant BEE Certificate. Failure to do

adhere to these requirements shall be considered a material breach of the conditions of this

Contract, the sanction for which may be a cancellation of this Contract.

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Part C1b: Agreements and Contract Data

C1.3: Occupational Health and Safety Agreement

Occupational health and safety mandatary agreement

Agreement in terms of section 37(2) of the occupational health & safety act

(ACT ), AS AMENDED & CONSTRUCTION REGULATION 5.1(k)

Objectives

To assist Airport Company South Africa (ACSA) in order to comply with the requirements of:

1. The Occupational Health & Safety (Act ), as amended and its regulations and

2. The Compensation for Occupational Injuries & Diseases Act (Act ) also known as

the (COID Act).

3. Construction Regulations 2014

To this end an Agreement must be concluded before any contractor/ subcontracted work may

commence

The parties to this Agreement are:

Name of Organisation:

Airports company south africa “acsa”

Physical Address:

Airports Company South Africa

Chief Dawid Stuurman International Airport

Allister Miller Drive

Walmer

Private Bag X109

Gqebera

6001

Hereinafter referred to as “Client”

Name of organisation:

Physical Address

Hereinafter referred to as “the Mandatary/ Principal Contractor”

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Mandatary’s main scope of work

Chief dawid stuurman international airport (cdsia) civil equipment maintenance.

1. Definitions

1.1 “Mandatary” is defined as an agent, a principal contractor or a contractor for work, or

service provider appointed by the Client to execute a scope of work on its behalf, but

Without derogating from his/her status in his/her right as an

EMPLOYER or user of the plant.

1.2 “Client” refers to ACSA;

1.3 “Parties” means ACSA and the Contractor, and “Party” shall mean either one of them, as

the context indicates;

1.4 "Services" means the services provided by the Contractor or Stakeholder to ACSA;

1.5 “Stakeholder” refers to companies conducting business at ACSA premises or within close

proximity where there is an interface with ACSA operations.

1.6 “The OHS Act” refers to Occupational Health and Safety Act , as amended;

“The COID Act” refers to Compensation for Occupational Injuries and Diseases Act , as amended; and

1.7 “SHE” means Safety, Health and Environment.

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General information forming part of this agreement

1. The Occupational Health & Safety Act comprises of SECTION 1-50 and all unrepealed

REGULATIONS promulgated in terms of the former Machinery and Occupational Safety

Act No. as amended as well as other REGULATIONS which may be promulgated

in terms of the Act and other relevant Acts pertaining to the job in hand.

2. Section 37 of the Occupational Health & Safety Act potentially punishes Employers for

unlawful acts or omissions of Mandatories where a Written Agreement between the parties

has not been concluded containing arrangements and procedures to ensure compliance

with the said Act BY THE MANDATORY.

3. All documents attached or refer to in the above Agreement form an integral part of the

Agreement.

4. To perform in terms of this agreement Mandataries must be familiar and conversant with

the relevant provisions of the Occupational Health & Safety Act (OHS Act) and

applicable Regulations.

5. Mandatories who utilise the services of other contractors must conclude a similar Written

Agreement with those companies.

6. Be advised that this Agreement places the onus on the Mandatary to contact the CLIENT

in the event of inability to perform as per this Agreement.

7. This Agreement shall be binding for all work the Mandatory undertakes for the Client and

remains in force for the duration of the contracted period as per Main Contract signed by

both parties.

8. The contractor shall submit all necessary documentation as per SHE File Index to the Client

seven days prior to starting with any work.

The undertaking

The Mandatory undertakes to comply with:

2. Reporting

The Mandatary and/or his / her designated person shall report to the Client prior to

commencing any work at the airports as well as when the activities change from the original

scope of work.

3. Warranty of compliance

3.1 In terms of this agreement the Mandatary warrants that he / she agrees to the

arrangements and procedures as prescribed by the Client and as provided for in terms of

Section 37(2) of the OHS Act for the purposes of compliance with the Act.

3.2 The Mandatary further warrants that he / she and / or his / her employees undertake to

maintain such compliance with the OHS Act. Without derogating from the generality of the

above, or from the provisions of the said agreement, the Mandatary shall ensure that the

clauses as hereunder described are always adhered to by himself / herself and his / her

employees.

3.3 The Mandatary hereby undertakes to ensure that the health and safety of any other person

on the premises is not endangered by the conduct of his / her activities and that of his / her

employees.

4. SHE Risk Management

4.1 The Mandatary shall ensure that a baseline risk assessment is performed by a competent

person before commencement of any work in the Client’s premises. A baseline risk

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assessment document will include identification of hazards and risk, analysis and

evaluation of the risks and hazards identified, a documented plan and safe work

procedures to mitigate, reduce or control the risks identified, and a monitoring and review

plan of the risks and hazards.

4.2 The Mandatary shall review the risk registers as and when the scope of work changes and

keep the latest version on the SHE File.

5. Medical emergency response

The Mandatary shall submit a detailed emergency response procedure to the Client OHS

Department as part of the SHE File prior to start of work. The procedure shall stipulate how

the Mandatary intends to attend to medical emergencies. In the sites where the Client has

onsite clinic services, the medical staff can provide first line response and stabilise the patient

however the Mandatary shall then activate its own medical response procedure and transport

the patient to the medical facilities for further medical attention.

6. Appointments and training

6.1 The Mandatary shall appoint competent persons as per Section 16(2) of the OHS Act.

Any such appointed person shall be trained on any occupational health and safety matter

and the OHS Act provisions pertinent to the work that is to be performed under his / her

responsibility. Copies of any appointments and certificates made by the Mandatary shall

immediately be provided to the Client.

6.2 The Mandatary shall at the beginning of the project or activities where there are 5 people

and more people working appoint a full-time dedicated Health and Safety resource whom

will be dedicated to the project to ensure that Safety, Health and Environmental

Requirements are met at all times. The allocated resource shall be based where the

project is undertaken for the duration of the project or scope of work execution. The

resource shall be trained and qualified on Occupational Health and Safety matters and the

OHS Act provisions pertinent to the work that is to be carried out.

6.3 The Mandatary shall further ensure that all his / her employees are trained on the health

and safety aspects relating to the work and that they understand the hazards associated

with such work being carried out on the airports. Without derogating from the foregoing,

the Mandatary shall, in particular, ensure that all his / her users or operators of any

materials, machinery or equipment are properly trained in the use of such materials,

machinery or equipment.

6.4 Notwithstanding the provisions of the above, the Mandatary shall ensure that he / she, his /

her appointed responsible persons and his / her employees are at all times familiar with

the provisions of the OHS Act, and that they comply with the provisions of the Act.

6.5 The Mandatary shall at all material times be responsible for all costs associated with the

performance of its own obligations and compliance with the terms of this Agreement,

unless otherwise expressly agreed by the Parties in writing.

7. Supervision, discipline and reporting

7.1 The Mandatary shall ensure that all work performed on the Clients premises is done under

strict supervision and that no unsafe or unhealthy work practices are permitted. Discipline

regarding health and safety matters shall be strictly enforced against any of his / her

employees regarding non-compliance by such employee with any health and safety

matters.

7.2 The Mandatary shall further ensure that his / her employees report to him / her all unsafe

or unhealthy work situations immediately after they become aware of the same and that he

/ she in turn immediately reports these to the Client within 48 hours with the action taken to

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mitigate the risk.

7.3 Where the hazard or risk identified is the responsibility of the Client to action, the

Mandatary shall notify the Client OHS and Safety Department within 24 hours of becoming

aware of the hazard or risk for prompt action to mitigate.

8. Cooperation

8.1 The Mandatary and his/her employees shall provide full co-operation and information if

and when the Client or his / her representative enquires into occupational health and

safety issues concerning the Mandatary. It is hereby recorded that the Client and his / her

representative shall at all times be entitled to make such an inquiry.

8.2 Without derogating from the generality of the above, the Mandatary and his / her

responsible persons shall make available to the Client and his / her representative, on

request, all and any checklists and inspection registers required to be kept by him / her in

respect of any of his / her materials, machinery or equipment and facilities.

9. Work procedures

9.1 The Mandatary shall, after having established the dangers associated with the work

performed, develop and implement mitigation measures to minimize or eliminate such

dangers for the purpose of ensuring a healthy and safe working environment.

9.2 The Mandatary shall then ensure that his / her responsible persons and employees are

familiar with such mitigation measures. This includes the lock out tag out processes

relating to the use of machinery.

9.3 The Mandatary shall implement any other safe work practices as prescribed by the

Employer and shall ensure that his / her responsible persons and employees are made

conversant with and adhere to such safe work practices.

9.4 The Mandatary shall ensure that work for which a permit is required by the Employer or

any statute is not performed by his / her employees prior to the obtaining of such a permit.

10. Health and safety meetings

10.1 OHS Act requires that Health and Safety Committees be established in case where

employee count exceeds 20 onsite, however due to the duration and the nature of the

scope of work executed by the contractors and stakeholders enforces that regardless of

employees at the airports. The Mandatary shall establish his / her own health and safety

committee(s) and ensure that his / her employees, being the committee members, hold

health and safety representatives to attend the Employer’s health and safety committee

meetings on monthly basis.

10.2 The Mandatary Section 16(2) appointed and SHE resource shall attend the Client SHE

meetings as per the schedule communicated. In cases where the Mandatary delegated

resources are not able to attend the meeting, an apology shall be submitted to the Client

OHS Manager 24 hours before the meeting. An alternative representative shall be

deployed to attend the meeting on the half of the Mandatary.

10.3 The Mandatary appointed Section 16(2) and SHE resource shall not skip more than three

SHE Committee meetings a year.

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11. Compensation registration/insurance

11.1 The Mandatary warrants that all their employees and/or their contractor’s employees if any

are covered in terms of the COID Act, which shall remain in force whilst any such

employees are present on the Client’s premises. A letter is required prior commencing any

work on site confirming that the Principal contractor or contractor or stakeholder is in good

standing with the Compensation Fund or Licensed Insurer.

11.2 The Mandatary warrants that they are in possession of the following insurance cover,

which cover shall remain in force whilst they and /or their employees are present on the

Client’s premises, or which shall remain in force for that duration of their contractual

relationship with the Client, whichever period is the longest.

11.3 The Mandatary shall provide the Client with Public Liability Insurance Cover as required by

the Main Contract

11.4 Any other Insurance cover that will adequately makes provision for any possible losses

and/or claims arising from their and /or their Subcontractors and/or their respective

employee’s acts and/or omissions on the Client’s premises.

11.5 The Mandatary shall send updated Letter of Good Standing to the Client as and when the

Mandatary receives it to ensure that the most valid version is available.

12. Medical examinations

12.1 The Mandatary shall ensure that all his / her employees undergo routine medical

examinations and that they are medically fit for the purposes of the work they are to

perform.

12.2 Copies of such medical fitness certificates shall be made available to Client as part of the

SHE files for review to ensure that they have been conducted by a reputable Occupational

Health Practitioner registered with Health Professions Council of South Africa (HPCSA) as

a doctor and specialist Occupational Medical Practitioner. Any other additional medical

assessment shall be conducted in line with risk exposures.

12.3 Standard (Basic) medical tests shall constitute the following assessments as minimum:

Individual’s history of general and previous occupational health
Comprehensive physical examination for evaluation of systemic function
Blood Pressure Measurement
Weight, Height and Body Mass Index
Urine screening
Drug screening
Audio screening
Lung Function Test
Keystone eye test
Work at Height Questionnaire
Muscular skeletal questionnaire

13. Incident reporting and investigation

13.1 All Safety, Health and Environmental Incidents shall be reported to the Client OHS and

Safety Department within two hours from the time of occurrence via a phone call, SMS or

email or before end of shift. This shall be followed by a formal report in a form of a

preliminary report within forty-eight (48) hours.

13.2 All incidents referred to in Section 24 of the OHS Act shall be reported by the Mandatary to

the Department of Labour and copies of such reporting to be sent to the Client. The

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Mandatary shall further be provided with copies of any written documentation and medical

reports relating to any incident.

13.3 The Client retains an interest in the reporting of any incident as described above as well as

in any formal investigation and/or inquiry conducted in terms of section 32 of the OHS-Act

into such incident.

13.4 The Client reserves a right to hold its own investigation into any incident where it deems it

is not satisfied with the incident investigation or where the severity of the incident is fatal or

damage beyond a value of 1 million and above.

14. Sub contractors

14.1 The Mandatary shall notify the Client of any subcontractor he / she may wish to source to

perform work on his / her behalf on the Client premises. It is hereby recorded that all the

terms and provisions contained in this clause shall be equally binding upon the

subcontractor prior to the subcontractor commencing with the work. Without derogating

from the generality of this paragraph:

14.2 The Mandatary shall ensure that the sub-contractor meets all the requirements and is

competent for the scope of work contracted for. This includes that approval of the SHE

files, SHE Plans associated with the work.

15. Security and access

The Mandatary shall request and familiarise its employees with the Client security rules which

is not included in this agreement.

16. Fire precautions and facilities

16.1 The Mandatary shall ensure that all his / her employees are familiar with fire precautions at

the site(s), which includes fire-alarm signals and emergency exits, and that such

precautions are adhered to.

16.2 This includes participating on planned and unplanned emergency drills organised the

Client.

17. Facilities

The Mandatary shall have a program to upkeep and maintain the facilities leased out to it

/shared with/ by the Client as stipulated on lease agreement.

18. Hygiene and cleanliness

The Mandatary shall ensure that the work site, ablution, offices and surround area is at all

times maintained to the reasonably practicable level of hygiene and cleanliness. In this

regard, no loose materials shall be left lying about unnecessarily and the work site shall be

cleared of waste material regularly and on completion of the work.

19. Intoxication and substance abuse

19.1 Entry to the airside is subjected to Aviation Safety Requirements in line with Client

Substance Abuse Policy. No intoxicating substance of any form shall be allowed on site

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where airside or land side. Any person suspected of being intoxicated shall not be allowed

on the site. Any person required to take medication shall notify the relevant responsible

person thereof, as well as the potential side effects of the medication.

19.2 The Client reserves a right to do substance abuse testing and main entry points for the

Mandatary employees.

19.3 Intoxication limits shall be adhered to as stipulated on Client Substance Abuse Policy.

19.4 Records of substance abuse testing shall be filed on the SHE File and made available to

the Employer on request.

The Mandatary hereby indemnifies the Client against any liability, loss, claims or proceedings

whatsoever, whether arising in Common Law or by Statute; consequent personal injuries or

the death of any person whomsoever (including claims by employees of the Mandatary and

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their dependents); or consequent loss of or damage to any moveable or immoveable property

arising out of or caused by or in connection with the execution of the Mandatary’s contract

with the Client, unless such liabilities, losses, claims or proceedings whatsoever are

attributable to the Client’s faults. The Mandatary or his/her employees is liable to prove

without reasonable doubt that the loss is due to the Client’s fault or negligence.

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Compliance with the occupational health & safety

Act

The Mandatary undertakes to ensure that they and/or their subcontractors if any and/or

their respective employees will always comply with the following conditions:

1. All work performed by the Mandatary on the Client’s premises must be performed

under the close supervision of the Mandatary’s employees who are to be trained to

understand the hazards associated with any work that the Mandatary performs on the

Client’s premises.

2. The Mandatary shall be assigned the responsibility in terms of Section 16(1) of the

OHS Act , if the Mandatary assigns any duty in terms of Section 16(2), a

copy of such written assignment shall immediately be forwarded to the Client.

3. The Mandatary shall ensure that he/she familiarise himself/herself with the

requirements of the OHS Act and that s/he and his/her employees and

any of his subcontractors comply with the requirements.

29. Further undertaking

Only a duly authorised representative appointed in terms of Section 16.2 of the OHS Act is

eligible to sign this agreement on behalf of the Mandatary. The signing power of this

representative must be designated in writing. A copy of this letter must be made available to

the Client.

The Contract/Project Manager shall sign this agreement as the Client’s representative.

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Acceptance by mandatary

In terms of section 37(2) of the Occupational Health & Safety Act and section

5.1(k) of the Construction Regulations 2014,

I ........................................a duly authorised 16.2 Appointee acting for and on behalf of

........................................................(company name) undertake to ensure that the

requirements and the provision of the OHS Act and its regulations are complied

with.

Mandatary – WCA/ Federated Employers Mutual No.....................................

Expiry date .................................................................................................

________________________________________ _______

Signature on behalf of mandatary date

(Warrant his authority to sign)

Witnesses:

1. ____________________________

2. ____________________________

_________________________________________ _______________

Signature on behalf of the client date

Airport company south africa

Witnesses:

3. ____________________________

4. ____________________________

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Insurance clauses for capex projects

The insurance clauses in this document should be extracted and attached to tender documents and to

contracts.

Section a: definitions

Landside refers to:

Areas of the airport before the security points; and
The restricted area beyond the security points but, within the perimeter of gatehouses,

passenger terminals and cargo buildings.

Airside refers to:

The Apron / manoeuvring areas; and
Area within the airside boundary/perimeter fence, excluding the internal areas of the passenger

terminals, perimeter gatehouses and cargo buildings.

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Section b: insurance clauses

Insurance clauses for landside construction contracts where the

Awarded contract value does not exceed r150 million, and the construction

Period does not exceed 36 months, and the defects liability period does not

Exceed 24 months

Each Party shall be responsible for effecting and maintaining the relevant insurances as specified

below and to the extent relevant to the Contract.

1. Insurance Effected by The Employer (Principle Controlled Insurance (“PCI”))

1.1. Notwithstanding anything elsewhere contained in this Contract and without limiting the obligations,

liabilities or responsibilities of the Contractor in anyway whatsoever (including but not limited to any

requirement for the provision by the Contractor of any other insurances) the Employer shall effect and

maintain for the duration of the construction and maintenance periods of the Contract – as appropriate

in the joint names of the Employer, the Contractor and where relevant Sub-Contractors the following

insurances which are subject to the terms, limits, exceptions, and conditions of the Policy:

a) Contract Works/Contractors Public Liability/ Removal of Lateral Support Liability

Section 1 Of the Policy – Contract Works

Contract Works Insurance for the full value of the Works to provide cover against accidental

physical loss of or damage to the Works, Temporary Works and materials intended for incorporation

in the Works all being the subject matter of this Contract including to the extent provided for in the

policy whilst in transit or temporarily stored at any premises and route to or from the Site (other than

where this is a continuation of Marine Transit) within the territorial limits of the policy.

This insurance may specifically exclude any cost necessary to replace or rectify any of the property

insured, which is in a defective condition due to defect in design, plan specification, material or

workmanship.

This insurance contains the following limitations and warrantees.

Open Trench Limitation

In respect of loss or damage to open trenches and pipes, conduits or cables laid therein, caused

directly or indirectly by rain, inundation or flood, Insurers liability shall be limited in respect of the

aggregate length of open trenches at any one time to 2,500 meters.

Exposed Layer Works (applicable to works involving paving, roadways, bulk earthworks and

runways and taxiways)

In respect of loss or damage to Exposed Layer Works relating to paving, roadways, and runways

(including taxiways) caused directly or indirectly by rain, inundation or flood, Insurers liability shall be

limited in respect of the aggregate length of Exposed Layer Works at any one time to 2,500 meters.

Section II of the Policy – Contractors Public Liability

Public Liability Insurance which provides indemnity against legal liability in the event of accidental

death of or injury to persons and/or loss of or damage to property (other than the Works the subject

matter of this Contract) arising from the execution of the Contract with a limit of indemnity of

R100,000,000 in respect of any one occurrence or series of occurrences consequent on or

attributable to one source or original cause.

Section III of the Policy – Removal of Lateral Support Liability

Removal Of Lateral Support Liability which provides indemnity against legal liability in the event of

accidental death of or injury to persons and/or loss of or damage to property (other than the Works

the subject matter of this Contract) arising out of or in connection with shock or vibration or the

removal or weakening of or interference with support to property in the vicinity of the Contract Site

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and arising out of or in connection with the Insured Contract (but not in respect of tunnelling works)

and occurring during the Period of Insurance.

The Limit of Indemnity being limited to R50,000,000 attributable to one source or original cause.

b) Contract Works SASRIA – Providing physical loss of or damage to the Works, Temporary Works

and materials intended for incorporation in the Works as covered by the underlying Contract Works

policy as noted in (a) above due to perils as covered in terms of the SASRIA Contract Works wording

as issued by SASRIA SOC.

The Contract Works SASRIA cover excludes consequential or indirect loss or damage of any kind or

description whatsoever.

The SASRIA Contract Works policy is limited to R500,000,000 (Incl VAT) in the aggregate during the

policy period of insurance.

The Contract Works SASRIA policy wording can be obtained from the SASRIA website

http://www.sasria.co.za / which notes the covers and policy exclusions.

c) Design & Construct Professional Indemnity Insurance which provides indemnity against legal

liability to pay compensation as a result of any actual or alleged negligent act, error or omission in

the performance of the Professional Duties of the insured and arising from the execution of this

project. The limit of indemnity under this insurance shall be *R25,000,000 in the aggregate during

the annual policy period of insurance that ACSA effect such cover during the policy period

from 1

April to 31 March during each policy period of insurance.

The limits of indemnity applies to all ACSA contracts as a whole and does not apply specifically to

this

contract. The aggregate limit could be exhausted by claims under other ACSA contracts and there is

guarantee that this insurance cover will provide sufficient cover to this specific contract should the

aggregate limit be exhausted.

The Policy only covers the rectification of the works and excludes all consequential losses.

Professional Duties do not include:

a) Labour and construction work which would normally be the responsibility of the building or

engineering contractor.

b) Supervision of the construction works usually undertaken by a building or engineering contractor.

1. 2 The Contractor shall familiarise itself fully with the details of such insurance effected by the

Employer. The Contractor shall comply to all the terms and conditions of the Employer arranged

policies and the Contractor shall be deemed to be fully aware of all the conditions, limits, limitations,

exclusions/exceptions, and deductibles that are contained in the Employer arranged policies. Copies

of the Employer arranged policies are obtainable on request from the Employer and if the Contractor

is of the opinion that additional insurance is required, such shall be for the Contractors account.

1.3 The Employer shall pay the premium in connection with the insurances effected by the Employer.

The Employer is entitled to all return premiums, dividends, discounts, or adjustments in connection

with the insurances effected by the Employer.

1.4 The Contractor shall not include any premium charges for this insurance except to the extent,

which he may deem necessary in his own interests to effect supplementary insurance to the

insurance effected by the Employer. The Employer reserves the right to call for full information

regarding insurance costs included by the Contractor.

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In the event that the Contractor purchases any insurances in addition to those indicated above, the

premium and taxes, duties, etc. shall be borne entirely by the contractor.

1.5 Any further clarification of the scope of cover provided by the Policies arranged by the Employer

should be obtained from the Employer.

1.6 The Contractor and/or any other party who obtains indemnity under the policies effected under 1.1

shall become liable for the deductibles (first amount payable) which are applicable in respect of each

and every occurrence or series of occurrences attributable to one source or cause giving rise to loss

or damage or indemnifiable liability. The deductibles applicable to the policies effected under 1.1 are

as follows:

a) Contract Works/Contractors Public Liability/ Removal of Lateral Support Liability

Unless stated otherwise in the Policy Extensions the Deductibles shall be as follows which will apply

in respect of each and every occurrence or series of occurrences arising out of or in connection with

any one event giving rise to loss or damage:

Section 1 of the Policy – Contract Works

In respect of all loss or damage R150,000 but increased to R250,000 in respect of loss or damage

arising out of or in connection with testing and commissioning.

Section 2 of the Policy – Contractors Public Liability

R75,000 each and every claim in respect of Property Damage.

Section 3 Of the Policy – Removal Of Lateral Support Liability

R75,000 each and every claim.

b) Contract Works SASRIA

In respect of theft as a result of the SASRIA perils insured - R25,000 each and every occurrence.

c) Design & Construct Professional Indemnity Insurance

a) In respect of contracts under R50 million at award – R5,000,000.

b) In respect of contracts over R50 million at award – R10,000,000.

1.7 In the event of any occurrence which is likely to give rise to a claim under the insurance arranged

by the Employer, the Contractor shall:

a) In addition to any statutory requirement or other requirements contained in the Contract

immediately notify the Employer and the Employer's Insurance Brokers by telephone, mobile

phone or email giving the circumstances, nature and an estimate of the loss or damage or

liability. The Contractor must also complete the Claim Advice Form (Appendix “A”).

The following persons/insurers must be advised immediately on the occurrence of a claim on site or

even a possibility of a claim arising due to an incident occurring on site:

Airports Company South Africa:

Nokulunga Masiza

Tel: +27 (0)11 723 1400

M: +27 (0)79 512 0532

[email protected]

Buhle Mnguni

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D: +27 (0)11 723 1400

M: +27 (0)74 535 9075

[email protected]

b) Preserve damage and make it available for inspection by a representative of the Insurers.

c) Wherever possible, photographs of damage should be taken.

d) Inform the police authorities promptly in the event of loss or damage by theft, burglary or any

malicious persons(s) for the purpose of recovering any property so lost, discovering the guilty person

or persons, and having him, her or them duly prosecuted.

e) Advise the Insurers of any other insurance(s) which may cover the same loss, damage or injury, or

any part thereof.

f) Give to the Insurers every assistance to enable the Insurers to settle or resist any claim against the

Insured or institute any proceedings.

g) On completion the Claims Advice Form, the form must be sent to the Employers Insurance Brokers

for further action (the original may be emailed to the Employers Insurance Broker). (Please do not

remove the Claims Advice Form out of this document. Rather photocopy the form and send the copy

to the Employers Insurance Brokers).

h) The Employer and the employers Insurance brokers / Insurers or their appointed loss adjusters

shall have the right to make all and any enquiries on the Site of the Works or elsewhere as to the

cause and results of any such occurrence and the Contractor shall cooperate in carrying out such

enquiry's.

i) The Contractor, Project Managers and Consultants must allow free access to Insurers’ assessors

for the purpose of investigating and assessing the loss or damage.

j) The Contractor must not proceed with the making good any off the loss without the prior

authorisation of the Insurers.

k) The Contractor must keep separate records of the costs involved in making good any loss or

damage and these records should be available at all times for inspection by Insurers. Such records

should include inter alia the entire cost of labour, materials, transport and equipment.

l) Where required by the Employer, negotiate the settlement of claims with the Insurer or their

appointed loss adjusters through the Employer's Insurance Brokers and shall obtain the Employer's

approval of such settlement.

m) Once the amount of a claim is agreed by the Insurers and the Contractor, an “Agreement of Loss”

form must be signed by the Contractor and if required this shall be counter signed by the Employer or

the Project Managers.

n) The proceeds of such claim will, if required by the Employer, be paid net of any Deductible

applicable under the policy by the Insurers to the Employer who on receipt thereof will arrange for

payment to be made in terms of the Conditions of Contract. In the event that it is agreed by the

Employer that such claims payment be made directly to the Contractor, the Contractor shall arrange

for the Employer to endorse the “Agreement of Loss” to this effect.

2. Insurance Effected by the Contractor.

In addition to Clause 1.1 in respect of the insurances effected by the Employer the following

Insurances to be affected by the Contractor:

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C1.1 Contract cover page

C1.2 Form of Offer and Acceptance

C1.3 Contract Data provided by the Employer

C1.3a Accepted plan

C1.3a.1 Service level table

C1.3b Insurance schedule

C1.3c Proforma Guarantees

C1.3d s37(2) OHSA Appointment

C1.3e ACSA Panel of Adjudicators

C1.3f Key performance indicators

C 1.4 Contract Data provided by the Contractor

Contract 2 cover pages

The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if

any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of any securities,

bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract

identified in the Contract Data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a

repudiation of this agreement.

11.2(11) The Scope is in the document called Part C3: Scope of Work

12.2 The law of the contract is the law of the Republic of South Africa

13.1 The language of this contract is English

13.3 The period for reply is 7 calendar days

13.6 The period for retention is 0 months following Completion or earlier termination

For additional insurance provisions - Refer to Part C1.4: ACSA Insurance Clauses

Contract 8 cover pages

82.1 The Consultant’s total direct liability to the Employer for all matters arising under or in

connection with this contract, other than excluded matters, is unlimited and applies in contract,

delict and otherwise to the extent allowed under the law of the contract.

82.2 Subject to other provisions of this contract, the Consultant’s liability to the Employer is limited to

that proportion of Employer’s losses for which the Consultant is responsible under this contract.

9 Termination