Provision of IT wire center ups's and batteries

Employer: Airports Company South Africa SOC Limited (reg. no: 1993/004149/06), Registered office: 24 Johnson Road, The Maples Office Park, Bedfordview, Johannesburg. Legal Counsel for queries: Mbalenhle Lembede, [email protected]. Project Manager: [●] (to be inserted at award). Supervisor: [●] (to be inserted at award). Adjudicator nominating body: Chairman of the Johannesburg Society of Advocates. Arbitration venue: City where Site is located, within South Africa.

Submission is via the NEC3 Form of Offer and Acceptance (C1.1) completed and signed by the tenderer. The offer must include the offered total of the Prices exclusive of VAT, VAT at 14%, and the total inclusive of VAT (in figures and words). The tenderer must provide CIDB registration number. All returnable schedules and documents listed in the Tender Data must be submitted. The completed Form of Offer and Acceptance, including any Schedule of Deviations, must be delivered to the Employer. The tenderer must, within two weeks of receiving a completed copy of the agreement, contact the Employer's agent to arrange delivery of securities, bonds, guarantees, proof of insurance, and any other documentation required by the Contract Data. Failure to fulfil these obligations constitutes repudiation.

The contract uses NEC3 Option B: Priced contract with bill of quantities. Evaluation will follow the Conditions of Tender referenced in the Tender Data (not provided in this document). The document specifies mandatory requirements: valid CIDB registration, tax compliance (not in arrears), and B-BBEE compliance. A quality plan must be submitted for acceptance within 2 weeks of Contract Date. Key persons with qualifications and experience must be named. The Contractor must implement and maintain a quality management system per Works Information. No explicit price/functionality split or minimum qualifying scores are stated in the provided text.

IT Wire Centre UPS Project (Replacement of IT Wire Centre UPS). Works involve replacement of UPS and batteries at the Wire Centre. Site boundaries: Working inside Wire Centre. Site Information in Part C4. Works Information in Part C3: Scope of Work. Risk Register includes: 1) Electrocution, 2) Interruption to building supply, 3) Lifting batteries. Weather recording location: Kempton Park, South Africa (SA Weather Services). Contractor must implement and maintain a quality management system per Works Information. Quality plan to be submitted for acceptance within 2 weeks of Contract Date. Sectional completion for: 1) Delivery of batteries, 2) Delivery of material, 3) Installation and commissioning of batteries. Method of measurement: [●] published by [●] as stated in Part C2.1 Pricing Assumptions.

Contractor to submit first programme for acceptance within 1 week of Contract Date. Revised programmes at intervals no longer than 1 week. Employer not willing to take over works before Completion Date. Sectional completion dates to be defined for: Delivery of batteries, Delivery of material, Installation and commissioning of batteries.

Contractor's key persons to be named with job, responsibilities, qualifications, and experience. CVs appended to Tender Schedule. Direct fee percentage and subcontracted fee percentage to be provided. Working areas: Site and [to be defined]. Bill of quantities location to be specified. Tendered total of Prices (excl. VAT) in figures and words.

Contractor must implement and maintain a quality management system per Works Information requirements. Quality plan to be submitted for acceptance within 2 weeks of Contract Date. Changes to quality plan require acceptance. Project Manager may instruct correction of non-compliance with quality plan (not a compensation event). Defects date: 54 weeks after Completion. Defect correction period: 4 weeks. Extended defects date provisions (Z8): if Employer cannot use works due to Defect, defects date delayed by equal period; if part replaced, defects date for that part delayed by period between Completion and replacement; maximum extension twice the original defects period.

Option B: Priced contract with bill of quantities. Method of measurement: [●] published by [●] as stated in Part C2.1 Pricing Assumptions. Price Adjustment Factor proportions: [●] linked to indices prepared by [●]; total = 1.00 with [●] non-adjustable. Base date for indices: tender closing date. Shorter Schedule of Cost Components: people overheads [%], equipment list [●] with adjustment [minus %], equipment rates [size/capacity/rate], design hourly rates [category/hourly rate], design overheads [%], design employee travel categories. Multiple currency items/activities [●] with exchange rates from [●] on [●]; payment to foreign bank account, SARB-approved CFC account, or agreed alternative.

Option B: Priced contract with bill of quantities. Currency: South African Rand. VAT at 14%. Price Adjustment Factor proportions linked to indices (base date: tender closing date); total = 1.00 with non-adjustable portion. Shorter Schedule of Cost Components: people overheads [%], equipment list with adjustment [minus %], equipment rates [size/capacity/rate], design hourly rates [category/hourly rate], design overheads [%], design employee travel categories. Multiple currency items/activities with exchange rates from [●] on [●]; payment to foreign bank account, SARB-approved CFC account, or agreed alternative. Performance bond required (Option X13) — unconditional, on-demand, from bank/insurer accepted by Project Manager and Employer, amount stated in Contract Data, form per Annexure B. Retention (Option X16) — Contractor may provide Retention Money Guarantee in pro forma. Delay damages: R1,000 per day per section (Delivery of UPS & batteries, Delivery of material, Installation and commissioning, Remainder), capped at R10,000 total. Limitation of liability: Contractor's total liability limited to total of Prices (excl. additional excluded matters); Employer's liability for Contractor's indirect/consequential loss limited to R0. Payment period: 4 weeks. Assessment interval: 20th day of each month. Interest rate: N/A.

Mandatory: Valid CIDB registration. Tax compliance (not in arrears with SARS). B-BBEE compliance. Aviation liability insurance cover with indemnity limit not less than R100,000 — proof to be submitted to ACSA before work starts and annually for project duration. Employer provides insurances per Annexure D (Insurance Table) with minimum limits of indemnity for property damage, bodily injury/death (non-employees), and employee injury/death. Contractor must provide performance bond (Option X13) and may provide retention money guarantee (Option X16). Key persons must be named with CVs appended to Tender Schedule. Quality management system per Works Information. Quality plan submission within 2 weeks of Contract Date. Compliance with Prevention and Combating of Corrupt Activities Act. Confidentiality obligations per Z22. No liens/encumbrances on equipment (Z23). Intellectual property provisions per Z24.

B-BBEE compliance required (stated in evaluation criteria). Insurance requirements: Aviation liability insurance cover with indemnity limit not less than R100,000. Proof of insurance to be submitted to ACSA before work starts and annually for project duration. Employer provides insurances per Annexure D (Insurance Table). Minimum limits of indemnity for property damage, bodily injury/death (non-employees), and employee injury/death per Annexure D.

Additional Employer's risks: 1) Safety requirements, 2) Vetting of contractor, 3) Approval of Safety file. Force Majeure definition requires Contractor to: engage with persons responsible for riot/strike/lockout, record details and grievances, request cessation of unlawful conduct, obtain proof, report threats to SAPS, bring urgent court application for interdict, ensure court order enforcement. Risk Register includes: Electrocution, Interruption to building supply, Lifting batteries.

Weather measurements for compensation events: cumulative rainfall (mm), days with rainfall >10mm, days with min air temp <0°C, days with snow lying at 09:00 SA Time. One-in-ten-year return weather data from SA Weather Bureau for Kempton Park (Annexure A). Only difference between recorded adverse weather and baseline values considered for compensation events.

NEC3 Engineering & Construction Contract (April 2013) with main Option B: Priced contract with bill of quantities; dispute resolution Option W1; secondary Options X1, X2, X4, X5, X7, X13, X15, X16, X17, X18, X20, and Z clauses Z1-Z24. Contract law: Republic of South Africa. Language: English. Period for reply: 1 week. Completion date for whole works: 12 months. Starting date: Upon signing by ACSA. Defects date: 54 weeks after Completion. Defect correction period: 4 weeks. Assessment interval: 20th day of each month. Payment period: 4 weeks. Currency: South African Rand. Interest rate: N/A. Performance bond required (Option X13). Retention (Option X16). Delay damages: R1,000 per day per section, capped at R10,000 total. Limitation of liability: Contractor's total liability limited to total of Prices (excl. additional excluded matters); Employer's liability for Contractor's indirect/consequential loss limited to R0. Parent company guarantee (Option X4). Sectional completion for: 1) Delivery of batteries, 2) Delivery of material, 3) Installation and commissioning of batteries. Key performance indicators (Option X20). Price adjustment for inflation (Option X1) with base date = tender closing date. Changes in law (Option X2) with defined exclusions. Multiple currencies (Option X3) with payment method options. Adjudication from ACSA panel (Annexure C); arbitration under Association of Arbitrators (Southern Africa) rules. Additional Z clauses covering: interpretation (Z1), delegation (Z2), early warning (Z3), fitness for purpose warranty (Z4), subcontractor payment proof (Z5), contractor responsibility for information accuracy and setting out (Z6), acceleration (Z7), extended defects date (Z8), quality management system (Z9), final assessment (Z11), compensation event notification within 4 weeks (Z12), compensation event assessment only if critical path affected (Z13), termination for business rescue (Z14), changes in law definition (Z15), delay damages limit triggers termination (Z16), performance bond validity extension (Z17), liability exclusions (Z18), cession/assignment restrictions (Z19), joint and several liability for JVs (Z20), ethics and anti-corruption (Z21), confidentiality (Z22), liens and encumbrances (Z23), intellectual property (Z24).

Quality plan must be submitted for acceptance within 2 weeks of Contract Date. Contractor must implement and maintain a quality management system per Works Information. Changes to quality plan require acceptance. Project Manager may instruct correction of non-compliance with quality plan (not a compensation event).