What are the submission requirements for this tender (Ref: RFQ 8590 re-issue)?

Returnable Documents: Declaration of Interest Form and Politically X, X SBD 4 Bidder’s Disclosure Form, SBD 6.1 Preference Points Claim Form X, Central Supplier Database, Email address: acsarfq@airports.co.za . Please do not cc any ACSA employee or BCC.

What are the technical specifications?

(The description below is intended as a guide and is not exhaustive. Please refer to the various guidelines of services, as amended as per the list below as per the specific requirements of ACSA.) The project scope of services will include the normal services, as below: 1. Inception, including investigations and assessments 2. Concept and Viability 3. Design Development 4. Documentation and Procurement 5. Construction monitoring 6. Project close-out Each project stage has been summarized using the following guideline of services: a) Guideline for services and processes for estimating fees for persons registered in terms of the Engineering Profession Act, published by Engineering Council of South Africa (2016). STAGE 1: INCEPTION • Convene a project start-up meeting of the project and attend project initiation meetings • Assist in refining the project brief • Consultation with the client or the client’s authorized representative Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential • Advise on the rights, constraints, consents and approvals. This is especially related to the National Key Point Act and related legislation and regulations, as it pertains to the infrastructure and processes. • Understand operational requirement, procedures, OHS and environmental requirement of the airport. • Inspect the site and advise on the necessary surveys, analyses, test and site or other investigations where such information will be required for stage 2 including the availability and location of the infrastructure and services. • Determine the availability of data, drawings and plans relating to the project. • Advise on criteria specific to own scope of work that could influence the project life cycle cost significantly. • Deliverables will include report on project, site and functional requirements, schedule of required surveys, tests, analyses, site and other investigations, schedule of consents and approvals. STAGE 2: CONCEPT AND VIABILITY • Prepare and finalize the project concept in accordance with the brief, including project scope, project scale plus preliminary programme and viability of the project. • Procure, recommend, appoint and manage the service providers to do the topographical survey and the soil testing and the health and safety agent, where this will be done by the employer. These services shall be procured in line with the Employer’s transformation objectives, and the spend monitored and reported, whether the services are procured by the Employer or the consultant. • Review the results/ data from the tests conducted by service providers and incorporate into the design as required. • Conduct design meeting as required. • Establish that the design is compliant with ACSA regulatory authorities requirements and incorporate these into the design. • Refine and assess the concept design to ensure conformance with all regulatory requirements and consents, as well as the user and functional needs (as per the project brief). • Coordinate design interface with the necessary relevant individuals from ACSA and external stakeholders. • Advise client on asset outages and duration of the outages where applicable. This is with regards to the constructability and construction programme, to ensure minimum disturbances and disruptions to the airport operations. • Advise client on the financial implications of the various alternatives considered. • Advise on the intended space provisions and planning relationship, proposed materials and intended building services, and check the conformity of the concept with the rights of the land. Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential • Prepare traffic accommodation drawings and contractor site establishment for approval by the Employer, to ensure continued operations. • Apply into the design all applicable airport standards and regulatory requirements. • Prepare and submit three (3) set of schematic Design Documents, Preliminary specifications, schematic cost estimate and present to the client for discussion. • Prepare preliminary process designs, preliminary designs, and related documentation for approval by relevant authorities and client and suitable for costing. The preferred option shall incorporate best engineering practices, technological innovations, while maintaining cost effectiveness. STAGE 3: DESIGN DEVELOPMENT • Following from the Preliminary Design…

What financial requirements apply to bidders?

Payment Terms: payment certificates. • Adjudicate and resolve financial claims from the contractor. • Assist in the resolution of financial claims by contractor. • Practical completion of the defects list. • Completion certificate and final completion. Level 3 Site Monitoring: • A Supervisor (as per NEC3 PSC) shall be on site on a full-time basis to monitor the works.

What are the important dates and deadlines for this tender?

{"closingDate":"23 September 2026","closingTime":"16:00pm","briefingSession":"{\"date\":\"16 September 2026\",\"time\":\"11:00am\",\"venue\":\"e and Time : 14 October 2026 @12:00 PM\",\"is_compulsory\":false}"}

Who should be contacted for queries about this tender?

{"name":null,"email":"lerato.phalo@airports.co.za","phone":"010 207 2000","department":"where the","address":"NTACT PERSON Lerato Phalo PERSON"}

Request for Quotation for Engineering Professional Services for the Refurbishment of The Terminal Building for a Period of 22 months at Bram Fischer International Airport.

Evaluation Criteria

Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ)

Pt−Pmin

Ps= 80(1− )

Pmin

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmin = Price of lowest acceptable tender

3.2. Formulae for disposal or leasing of state assets and income generating

Procurement

3.2.1. Points awarded for price

A maximum of 80 points is allocated for price on the following basis:

Pt−Pmax

Ps= 80(1+ )

Pmax

Where

Ps = Points scored for price of tender under consideration

Pt = Price of tender under consideration

Pmax = Price of highest acceptable tender

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Points awarded for specific goals

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,

preference points must be awarded for specific goals stated in the tender. For the purposes of this

tender the tenderer will be allocated points based on the goals stated in table 1 below as may be

supported by proof/ documentation stated in the conditions of this tender:

4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it

is unclear whether the 80/20 preference point system applies, an organ of state must, in the tender

documents, stipulate in the case of—

(a) an invitation for tender for income-generating contracts, that either the 80/20 preference

point system will apply and that the highest acceptable tender will be used to determine the

applicable preference point system; or

(b) any other invitation for tender, that either the 80/20 preference point system will apply and

that the lowest acceptable tender will be used to determine the applicable preference point

system,

then the organ of state must indicate the points allocated for specific goals for 80/20 preference point

system.

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

Note to tenderers: The tenderer must indicate how they claim points for each preference point

system.)

Number of

Specific Goals points

(80/20 system)

B-BBEE Status Level 1 5

B-BBEE Status Level 2 4.5

B-BBEE Status Level 3 4

B-BBEE Status Level 4 3

B-BBEE Status Level 5 2

B-BBEE Status Level 6 0.5

B-BBEE Status Level 7 0.3

B-BBEE Status Level 8 0.1

Black youth majority-owned entities 5

Black women majority-owned entities 5

Company majority owned by people with 5

disabilities

Non- compliant contributor 0

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Technical Specifications

Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ)

(The description below is intended as a guide and is not exhaustive. Please refer to the various guidelines of

services, as amended as per the list below as per the specific requirements of ACSA.)

The project scope of services will include the normal services, as below:

Inception, including investigations and assessments
Concept and Viability
Design Development
Documentation and Procurement
Construction monitoring
Project close-out

Each project stage has been summarized using the following guideline of services:

a) Guideline for services and processes for estimating fees for persons registered in terms of the

Engineering Profession Act, published by Engineering Council of South Africa (2016).

Stage 1: inception

Convene a project start-up meeting of the project and attend project initiation meetings
Assist in refining the project brief
Consultation with the client or the client’s authorized representative

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Advise on the rights, constraints, consents and approvals. This is especially related to the National Key

Point Act and related legislation and regulations, as it pertains to the infrastructure and processes.

Understand operational requirement, procedures, OHS and environmental requirement of the airport.
Inspect the site and advise on the necessary surveys, analyses, test and site or other investigations

where such information will be required for stage 2 including the availability and location of the

infrastructure and services.

Determine the availability of data, drawings and plans relating to the project.
Advise on criteria specific to own scope of work that could influence the project life cycle cost

significantly.

Deliverables will include report on project, site and functional requirements, schedule of required

surveys, tests, analyses, site and other investigations, schedule of consents and approvals.

Stage 2: concept and viability

Prepare and finalize the project concept in accordance with the brief, including project scope, project

scale plus preliminary programme and viability of the project.

Procure, recommend, appoint and manage the service providers to do the topographical survey and

the soil testing and the health and safety agent, where this will be done by the employer. These

services shall be procured in line with the Employer’s transformation objectives, and the spend

monitored and reported, whether the services are procured by the Employer or the consultant.

Review the results/ data from the tests conducted by service providers and incorporate into the design

as required.

Conduct design meeting as required.
Establish that the design is compliant with ACSA regulatory authorities requirements and incorporate

these into the design.

Refine and assess the concept design to ensure conformance with all regulatory requirements and

consents, as well as the user and functional needs (as per the project brief).

Coordinate design interface with the necessary relevant individuals from ACSA and external

stakeholders.

Advise client on asset outages and duration of the outages where applicable. This is with regards to

the constructability and construction programme, to ensure minimum disturbances and disruptions to

the airport operations.

Advise client on the financial implications of the various alternatives considered.
Advise on the intended space provisions and planning relationship, proposed materials and intended

building services, and check the conformity of the concept with the rights of the land.

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Prepare traffic accommodation drawings and contractor site establishment for approval by the

Employer, to ensure continued operations.

Apply into the design all applicable airport standards and regulatory requirements.
Prepare and submit three (3) set of schematic Design Documents, Preliminary specifications,

schematic cost estimate and present to the client for discussion.

Prepare preliminary process designs, preliminary designs, and related documentation for approval by

relevant authorities and client and suitable for costing. The preferred option shall incorporate best

engineering practices, technological innovations, while maintaining cost effectiveness.

Stage 3: design development

Following from the Preliminary Design Report, after consultation with the Employer, prepare Detailed

Design of the agreed concept.

The detailed design shall include all the requirements as contained in section 1 above on the scope of

works and shall take into consideration all relevant standards.

Employer to review Design report for conformity with general design intent and Employer’s

requirements.

Obtain approval for the proposed plans and programs from relevant stakeholders.
Provide finalized operational impact mitigation documentation and drawings and contingency plans to

deal with asset outage for approval and communication.

Get the proposed plans approved by City Council.
Prepare detailed estimates of construction cost.

Stage 4: documantation and procurement

Design meetings.
Chair pre-bid meetings and attend the Bid Opening.
Prepare specifications and preambles of the work.
Preparation of the tender documentation for the contractor procurement.
Check the cost estimate and adjust designs and documents to remain within approved budget if

required.

Final detailing of working drawings.
The consultant shall not be part of the BEC. However, the consultant may be called upon to review the

financial offers and make recommendation in terms of the CIDB Evaluation of Tenders Technical

Guide.

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Deliverables include: specifications, services co-ordination, working drawings, budget construction

cost, tender documentation and evaluation report.

Stage 5: construction

Site handover to contractor.
Construction administration.
Conduct regular site meetings, technical meetings and other agreed meetings.
Quality control, works inspection and approval of work completed according to quality and

specifications inclusive of a post as build survey.

Monitor implementation of quality assurance procedures by other consultants and contractors.
Prepare proactive estimates of proposed variations for client decision making.
Attend regular site, technical and progress meeting.
Financial control and agreement of interim payment certificates.
Adjudicate and resolve financial claims from the contractor.
Assist in the resolution of financial claims by contractor.
Practical completion of the defects list.
Completion certificate and final completion.

Level 3 Site Monitoring:

A Supervisor (as per NEC3 PSC) shall be on site on a full-time basis to monitor the works.
The qualifications and experience of the Supervisor shall be maintained for the duration of the tender,

as per requirements that were offered at tender stage.

Stage 6: project close-out

Fulfil and complete the project close-out including necessary documentation to facilitate effective

completion, handover and operation of the project.

Inspect and verify the rectification of the defects.
Receive, comment and approve relevant payment valuation and completion certificates.
Fecilitate and/or procure final operations and maintenance manuals, guarantees and warranties.
Prepare as build drawings and maintenance and operation documentation. This shall include a post-

survey of the As-Build, submit drawings (in both hard copy and digital format) as well as a

Maintenance Plan.

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Conclude the final accounts.

Constraints on the implementation of the project

This project will be implemented in a live, operational environment on the precinct of the airport. Work done

on or near an active airport is subject to several requirements and conditions to always ensure the safe

operation of the airport. Various limitations and requirements are to be taken cognizance of during

preparation of the tender and construction programme.

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Section 5: returnable documents

4.1 Mandatory Returnable documents ACSA will disqualify from the bid process any bidder that has failed to

submit mandatory returnable documents and information. Bidders should therefore ensure that all the

mandatory returnable documents and information have been submitted. In order to assist bidders, ACSA

has also included a column next to the required mandatory document and information to enable bidders

to keep track of whether they have submitted or not.

4.2 Other Returnable Documents and information)

These types of documents and information are required but are not mandatory or are only mandatory at

specific stages of the process. ACSA may request bidders to submit these documents or information after

the closing date and time or might already have them on the system. Where a document or information is

only mandatory at a specific stage in the process, ACSA may only disqualify a bidder for non-submission

at that stage and after reasonable efforts were made to request the document from the bidder.

The mandatory and other returnable documents listed in the table follows:

Returnable documents and submitted

Mandatory administrative

INFORMATION [Yes

SBD 3.3: Priced offer X

Declaration of Interest Form and Politically X

Exposed Persons

X SBD 4 Bidder’s Disclosure Form

SBD 6.1 Preference Points Claim Form X

Confidentiality and Non-Disclosure Agreement X

BEE Certificate and Scorecard or BBBEE X

QSE/EME Affidavit

Verifiable medical certificate of report as proof of X

disability(For preference claims)

Tax Pin number (ACSA may not award to a bidder

whose tax affairs have not been declared to be in X

orders by SARS)

Certificate of Incorporation of the bidding entity X

showing ownership split

Central Supplier Database Report (CSD) X

VAT Questionnaire X

ACSA Terms and Conditions X

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

4.3 Validity of submitted information

Bidders must ensure that all conditions, documents and information which has been submitted in

pursuance to this bid remains valid for the duration of the contract period. In the event where a validity

document expires an updated document must be submitted. The duty is on the bidder to provide updated

information to ACSA immediately after such information has changed.

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Section 5: returnable documents

5.1 Declaration of interest and politically exposed persons form

Making a Declaration

Any legal person or persons having a relationship with persons employed by ACSA, including a blood

relationship, may submit a bid in terms of this tender document. In view of possible allegations of unfairness,

should the resulting bid, or part thereof, be awarded to persons connected with or related to ACSA employees,

it is required that the bidder or his/her authorised representative declare his/her position in relation to ACSA

employees or any member of the evaluation or adjudication committee which will consider bids.

ACSA requires all bidders to declare that they have not acted in any manner inconsistent with the law, policy, or

fairness. Furthermore, ACSA requires bidders to declare if they have Politically Exposed Persons (PEP) also

known as Domestic Prominent Influential Persons (DPIP) in their organisation. See below definition of PEP/DPIP.

Politically Exposed Persons or DPIP are individuals who are or have been entrusted with prominent public

functions in the country or a foreign country, for example Heads of State or of government, senior politicians,

senior government, judicial or military officials, senior executives of state-owned corporations, important political

party officials. Business relationships with family members or close associates of PEPs involve reputational risks

similar to those with PEPs themselves. PEP status in the following areas shall be declared:

Current or former senior official in the executive, legislative, administrative, military, or judicial branch

of government or foreign government (elected or not)’

A senior official of a major political party or major foreign political party;
A senior executive of government owned commercial enterprise
or a foreign government owned commercial enterprise, being a corporation, business or other entity

formed by or for the benefit of any such individual;

A related and or inter-related immediate member of such individual; meaning spouse, parents, siblings,

children, and spouse's parents or siblings etc

5.1.1 All bidders must complete a declaration of interest form below:

Full name of the bidder or representative of

the bidding entity

Identity Number

Position held in the bidding entity

Registration number of the bidding entity

Tax Reference number of the bidding entity

VAT Registration number of the bidding entity

I/We certify that there is / no PEP/DPIP conflict of interest/ no relationship between the bidding entity or

any of its shareholders / directors / owner / member / partner/ senior management with any ACSA

employee or official.

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Where a relationship or PEP/DPIP conflict of interest exists, please provide details of the ACSA

employee or official and the extent of the relationship below:

PEP/DPIP Declaration

DPIP/PEP Declaration for self/family member or close associate:

Nature of Political Exposure Term of the Description of activities relating to

office political exposure

Full Names of Directors / Trustees / Members / Shareholders/ Senior Management of the bidding entity

Personal Income Tax Reference

Full Name Identity Number

Number

5.1.2.I/We declare that we have not acted in any manner which promotes unfairness, contravenes any law

or is against public morals. We further certify that we will in full compliance of this tender terms and

conditions as well as ACSA policies in the event that we are successful in this tender.

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

Quality Management

Source: Tender document for Services 8590 - 09 Sep.pdf

Building for a Period of 22 months at Bram Fischer International Airport.

Bid Number: : 8590

Issue Date : 09 September 2026

Query Closing Date : 23 September 2026 @16:00pm

Briefing Session and Site : 16 September 2026 @11:00am

Site Inspection Requirements : N/A

Bid Closing Date and Time : 14 October 2026 @12:00 PM

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

1.3. Clarification and Communication

Name: Lerato Phalo

Designation: Buyer

Tel: 010 207 2000

Email: [email protected]

1.3.1. Request for clarity or information on the bid may only be requested until 23 of September 2026

at 16:00pm. Any responses to queries or for clarity sought by a bidder will also be sent to all the

other entities which have responded to the Request for Proposal/Bid /Information invitation.

1.3.2. Bidders may not contact any ACSA employee on this bid other than those listed above. Contact

will only be allowed between the successful bidder and ACSA Business Unit representatives

after the acceptance of the letter of award bid. Contact will also only be permissible in the case

of pre-existing commercial relations which do not pertain to the subject of this bid.

1.4. Non-Compulsory/Compulsory Briefing/Site Inspection Session

A non-compulsory briefing session will be held on 16 of September 2026 at 11AM. The session will be

held at the following location:

Understand operational requirement, procedures, OHS and environmental requirement of the airport.
Inspect the site and advise on the necessary surveys, analyses, test and site or other investigations

where such information will be required for stage 2 including the availability and location of the

infrastructure and services.

Determine the availability of data, drawings and plans relating to the project.
Advise on criteria specific to own scope of work that could influence the project life cycle cost

significantly.

Deliverables will include report on project, site and functional requirements, schedule of required

surveys, tests, analyses, site and other investigations, schedule of consents and approvals.

Stage 2: concept and viability

Prepare and finalize the project concept in accordance with the brief, including project scope, project

scale plus preliminary programme and viability of the project.

Procure, recommend, appoint and manage the service providers to do the topographical survey and

the soil testing and the health and safety agent, where this will be done by the employer. These

services shall be procured in line with the Employer’s transformation objectives, and the spend

monitored and reported, whether the services are procured by the Employer or the consultant.

Review the results/ data from the tests conducted by service providers and incorporate into the design

as required.

Conduct design meeting as required.
Establish that the design is compliant with ACSA regulatory authorities requirements and incorporate

these into the design.

Refine and assess the concept design to ensure conformance with all regulatory requirements and

consents, as well as the user and functional needs (as per the project brief).

Coordinate design interface with the necessary relevant individuals from ACSA and external

stakeholders.

Advise client on asset outages and duration of the outages where applicable. This is with regards to

the constructability and construction programme, to ensure minimum disturbances and disruptions to

the airport operations.

Advise client on the financial implications of the various alternatives considered.
Advise on the intended space provisions and planning relationship, proposed materials and intended

building services, and check the conformity of the concept with the rights of the land.

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

Deliverables include: specifications, services co-ordination, working drawings, budget construction

cost, tender documentation and evaluation report.

Stage 5: construction

Site handover to contractor.
Construction administration.
Conduct regular site meetings, technical meetings and other agreed meetings.
Quality control, works inspection and approval of work completed according to quality and

specifications inclusive of a post as build survey.

Monitor implementation of quality assurance procedures by other consultants and contractors.
Prepare proactive estimates of proposed variations for client decision making.
Attend regular site, technical and progress meeting.
Financial control and agreement of interim payment certificates.
Adjudicate and resolve financial claims from the contractor.
Assist in the resolution of financial claims by contractor.
Practical completion of the defects list.
Completion certificate and final completion.

Level 3 Site Monitoring:

A Supervisor (as per NEC3 PSC) shall be on site on a full-time basis to monitor the works.
The qualifications and experience of the Supervisor shall be maintained for the duration of the tender,

as per requirements that were offered at tender stage.

Stage 6: project close-out

Fulfil and complete the project close-out including necessary documentation to facilitate effective

completion, handover and operation of the project.

Inspect and verify the rectification of the defects.
Receive, comment and approve relevant payment valuation and completion certificates.
Fecilitate and/or procure final operations and maintenance manuals, guarantees and warranties.
Prepare as build drawings and maintenance and operation documentation. This shall include a post-

survey of the As-Build, submit drawings (in both hard copy and digital format) as well as a

Compliance Requirements

Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ)

functionality or the and Preference negotiations (where technical aspect of the applicable) bid 3.3 Stage 1: Mandatory Requirements

Fully completed form of offer 3.4 Stage 2 Functionality In determining the bidders capacity and capability to execute the contract/project, bidders will be evaluated on functionality. Functionality is the terminology used to define the technical ability of the Tenderer, based on experience to deliver the required product in accordance with the specialised quality, reliability and functionality. Points allocated for Functionality shall be evaluated in accordance with the criteria as listed below. An overall minimum threshold of 95 points out of 100 must be achieved for the tender to be eligible for further evaluation on Price and Preference (80/20 split). Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential

Proposed Evaluation Criteria The technical evaluation will consist of the following: Description of quality criteria WQ Sub criteria quality score Points Tenderer’s resource 80 Qualification and Registration 60 proposal Years of experience similar 20 works. Tenderer’s references and 20 References with Similarity in 20 experience. works and scope. TOTAL SCORE 100 NB: the overall minimum threshold is 95 points

Tendering Organisation: List of completed relevant projects Criteria Points < 3 Projects 0 Points > 3 Projects 20 points

Note: Relevant completed projects refer to building construction projects that each have a value of R10 million and above (Including VAT).

Key Personnel Experience and Professional Registration 2.1 Principal Agent 2.1.1 List of Completed Relevant work projects as a professional Engineer/ professional technologist. All projects submitted for evaluation must have commenced post registration.

Note: Relevant completed projects refer to building construction projects that each have a value of R10 million and above (Including VAT). Criteria Points < 3 Projects 0 points > 3 Projects 5 points Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential 2.1.2 Professional Registration as Professional Engineer (Pr Eng) or Professional Technologist (Pr Tech). Provide proof of registration. Criteria Points No registration 0 points Registered with 15 points ECSA as Pr Eng or Pr Tech 2.2 Resident Engineer 2.2.1 List of Completed Relevant work projects as a professional Engineer/ professional technologist. All projects submitted for evaluation must have commenced post registration.

Note: Relevant completed projects refer to building construction projects that each have a value of R10 million and above (Including VAT). Criteria Points < 3 Projects 0 points > 3 Projects 5 points 2.2.2 Professional Registration as Professional Engineer (Pr Eng) or Professional Technologist (Pr Tech) with the Engineering Council of South Africa. Provide proof of registration. Criteria Points No registration 0 points Registered with 15 points ECSA as Pr Eng or Pr Tech 2.3 Structural Engineer 2.3.1 List of Completed Relevant work projects as a professional Engineer/ professional technologist. All projects submitted for evaluation must have commenced post registration.

Note: Relevant completed projects refer to structural building construction projects that each have a value of R10 million and above (Including VAT). Criteria Points < 3 Projects 0 points > 3 Projects 5 points Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential 2.3.2 Professional Registration as Professional Engineer (Pr Eng) or Professional Technologist (Pr Tech) with the Engineering Council of South Africa. Provide proof of registration. Criteria Points No registration 0 points Registered with 15 points ECSA as Pr Eng or Pr Tech 2.4 Quantity surveyor 2.4.1 List of Completed Relevant work projects as a professional Engineer/ professional technologist. All projects submitted for evaluation must have commenced post registration.

Note: Relevant completed projects refer to building construction projects that each have a value of R10 million and above (Including VAT). Criteria Points < 3 Projects 0 points > 3 Projects 5 points 2.4.2 Professional Registration as Professional Quantity surveyor (Pr Qs) with the South African Council for Quantity Surveyors Profession (SACQSP). Provide proof of registration. Criteria Points No registration 0 points Registered with 15 points SACQSP as Pr Qs Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential 3.5.1. Price and Preference SBD 3.3

B-BBEE Minimum Level: 3

Points Allocation: 90 points

B-BBEE Details: le preference point system; or

(b) any other invitation for tender, that either the 80/20 preference point system will apply and

that the lowest acceptable tender will be used to determine the applicable preference point

system,

then the organ of state must indicate the points allocated for specific goals for 80/20 preference point

system.

Table 1: Specific goals for the tender and points claimed are indicated per the table below.

Note to tenderers: The tenderer must indicate how they claim points for each preference point

system.)

Number of

Specific Goals points

(80/20 system)

B-BBEE Status Level 1 5

B-BBEE Status Level 2 4.5

B-BBEE Status Level 3 4

B-BBEE Status Level 4 3

B-BBEE Status Level 5 2

B-BBEE Status Level 6 0.5

B-BBEE Status Level 7 0.3

B-BBEE Status Level 8 0.1

Black youth majority-owned entities 5

Black women majority-owned entities 5

Company majority owned by people with 5

disabilities

Non- compliant contributor 0

Tel +27 11 723 1400 Fax +27 11 453 9354

Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632

P O Box 75480, Gardenview, Gauteng, South Africa, 2047

www.airports.co.za

Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393

ConfidentialConfidential

DocumentNEC 3 PSC - Terminal Building Refurbishment.pdfReview complete

Important Dates

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)

{"briefingSession":"{"date":null,"time":null,"venue":"ion, reports and site administration. Consultants must be accredited with ISO9001 compliance and","is_compulsory":false}"}

Contact Information

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)

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

Evaluation Criteria

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)

evaluations, materials, specifications, schedules, reports, calculations, manuals or other

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

Professional Services and fees per project stage (Main Pricing Schedule)

1 Inception Stage 1 (SIPDM 3)

2 Concept Stage

3 Detail Design Stage

Stage 1 Inception Report

Stage 2 Preliminary Design (Concept and Viability)

Stage 3: Detailed Design

Stage 4: Documentation

Stage 5: Construction monitoring

Stage 6: Project close-out

Technical Specifications

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)

Maintenance Contractor Environmental Terms and Conditions to

Commence Work

Methodology

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf

Objectives

The project shall be done firstly in accordance with the Employer’s objective as per his appointed NEC Scope

of Works Briefing with detail tasks and deliverables for each of the project stages, i.e. Scoping and Brief Stage,

Preliminary Design Stage, Detail Design and Bid Stage, Working Drawing Stage and Construction Stage.

ISO Quality management System

Part C3 : Scope of Work

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

All projects shall be managed in accordance with strict ISO 9001 quality system ensuring quality in design,

administration, reports and site administration. Consultants must be accredited with ISO9001 compliance and

each project shall be administrated with respect to quality and technical compliance, in accordance with these

strict international Quality Procedures.

Programme and monthly feedback

A detailed programme for each project needs to be submitted within 14days of appointment and updated

regularly/monthly.

Consultation and Client Feedback

Detailed consultation with the designated ACSA representative and on-going feedback and reporting during

feasibility preliminary design, detailed design and construction stages will be essential in delivering optimal

and acceptable solutions which are in line with ACSA specifications and budget allocations. A monthly

progress and cost report shall be done from detail design stage onwards till construction ends.

Understanding the Works

The Employer is not responsible for the failure of the Consultant to understand the precise nature of his

undertaking under this contract or for any erroneous interpretation concerning the conditions affecting his

performance, it being recognized that the Employer provided the Consultant sufficient opportunity to ask the

Employer for clarification of the terms and conditions of this contract prior to submission of his tender to provide

the services.

Compliance with Laws

The Consultant keeps himself fully informed of, and complies with all laws which apply to the Works and/or

Services and/or to Providing the Works and/or Services (including laws which apply to persons employed to

provide the Services and/or Works). “Laws” includes all national and provincial legislation, statutes ordinances

and other laws and regulations and by-laws, orders and decrees of government or other legally constituted

public authority and the common law.

Compliance with Codes & Standards

The Services comply with the codes and standards stated in the Scope. To the extent not stated, the Services

comply with internationally recognised codes and standards which are accepted by the Employer.

In case of conflict between national, international codes, standards or guidelines and/or the requirements

specified in this Scope, and unless otherwise instructed by the Employer, the more onerous one takes

precedence; provided always that the Services comply as a minimum and in any event, with applicable law

and mandatory South African national codes, standards and guidelines.

communication.

Work Plan

Quality Management

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf

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

41.1 The defects date is 52 weeks after Completion of the whole of the services.

All projects shall be managed in accordance with strict ISO 9001 quality system ensuring quality in design,

administration, reports and site administration. Consultants must be accredited with ISO9001 compliance and

each project shall be administrated with respect to quality and technical compliance, in accordance with these

strict international Quality Procedures.

Pricing Schedule

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.

11.2(14) The activity schedule is in the Pricing Data

11.2(18) The tendered total of the Prices is in the Form of Offer and Acceptance

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Part C2: Pricing Data

C2.1 Pricing Instructions

Part C2: Pricing Data

SCM Ref no.: 8590 Project Number 6187

document below.

The pricing structure is as per the proposal submitted (RFP ref no. 8590) by the Consultants.

Part C2: Pricing Data

SCM Ref no.: 8590 Project Number 6187

of 22 months at Bram Fischer International Airport

Professional Services and fees per project stage (Main Pricing Schedule)

Part C2: Pricing Data

SCM Ref no.: 8590 Project Number 6187

largely succeeded in this aim.

Part C2: Pricing Data

SCM Ref no.: 8590 Project Number 6187

Financial Requirements

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)

Payment Terms: payment certificates, variation orders, progress reports or financial reports

Telephone calls
Cellular calls
Computer costs
Telefaxes (outgoing or incoming)
Email (sent or received)

Above expenses by the Tenderer are deemed to be inclusive in their professional fees.

Part C3: Scope of work

C3.1: Employer’s scope

Description of the services

Execut

Compliance Requirements

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)

that the Principal contractor or contractor is in good standing with the Compensation Fund or

Contractual Terms

Source: NEC 3 PSC - Terminal Building Refurbishment.pdf

failure by the Consultant to use the skill and - Consultant to submit

care normally used by professionals Insurance Certificate of

providing services similar to the services Professional Indemnity

Insurance Cover of R 5

Million

death of or bodily injury to a person (not an Consultant to submit

employee of the Consultant) or loss of or Insurance Certificate of

damage to property resulting from an action Insurance for Public

or failure to take action by the Consultant Liability Insurance Cover

for R10 Million

death of or bodily injury to employees of the As prescribed by the

Consultant arising out of and in the course Compensation for

of their employment in connection with this Occupational Injuries and

contract Diseases Act

81.1 The Employer provides insurance cover for the project

82.1 Deductibles:

In the event where the consultant defaults in its insurance obligations, the employer may take

insurance on their own and then deduct the monthly premiums from the consultant.

Refer to Secondary Clause X11.

10 Data for main Option clause

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

21.3 The Consultant prepares forecasts of the total of the expenses at intervals of no longer than 4 weeks.

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 XXXXXXXXXXXXX Shortened rules of Arbitration.

The place where arbitration is to be held is (Insert suitable location which is to be influenced by the

particular area concerned with the works).

The person or organisation who will choose an arbitrator

if the Parties cannot agree a choice or

if the arbitration procedure does not state who selects an arbitrator,

is the Chairman of the Association of Arbitrators (Southern Africa) or its successor body

12 Data for secondary Option clauses

X7 Delay Damages

Delay damages for each section of the work are 2% per week to the maximum of 10%

Total of the Contract value

X10 The Employer’s Agent

X10.1 The Employer’s Agent is

Name: Siseko Tshangana

Address:

Bram Fischer International Airport

N8 Thaba Nchu Road

Bloemfontein

9300

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

X11 Termination by Employer

X11.1 The Employer may terminate the Consultant’s obligation to Provide the services for a reason not stated

in this contract by notifying the Consultant.

X18 Limitation of liability

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

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

The total Direct liability does not exceed 100% of the contract value cumulative total for either party

X18.2 The Consultant’s liability to the Employer for Defects that are not found until after the defects date is

capped at the total of the contract price.

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

X18.3 The end of liability date is 1 years after Completion of the whole of the services.

Additional conditins of contract

Z1 Estimation of fees

It is specifically recorded that the fees charged by the consultant for services rendered in connection with

and/or under this Contract shall be in terms of:

Z2 Tax invoices

The Consultant’s invoice.

Delete the first sentence of core clause 50.2 and replace with:

Invoices submitted by the Consultant to the Employer include

the details stated in the Scope to show how the amount due has been assessed, and
the details required by the Employer for a valid tax invoice.

Delete the first sentence of core clause 51.1 and replace with:

Each payment is made by the Employer within four weeks of receiving the Consultant’s invoice showing

the details which this contract requires or, if a different period is stated in the Contract Data, within the

period stated.

Z3 Communications and Notices

Z3.1 Add to the end of the first sentence in core Clause 13.1:

All notices, notifications, requests, demands or other communications shall be deemed to have reached

the other Party –

if delivered by hand, on the date of delivery;
if posted by ordinary mail or registered post, on the 5th (fifth) calendar day following the date of such

posting;

if transmitted by facsimile or any other electronic medium acceptable to both Parties, on the first

Business Day following the date of transmission / publication / delivery.

Z4 Appointment of the Adjudicator

An Adjudicator is appointed when a dispute arises, from the Panel of Adjudicators below. The referring

party nominates an Adjudicator, which nomination is either accepted or rejected by the other party. In the

instance of a rejection of the nominated Adjudicator, the referring Party refers the appointment deadlock

to the Chairman of the Johannesburg Bar Council, who appoints an Adjudicator listed in the Panel of

Adjudicators below.

The Parties appoint the Adjudicator under the NEC3 Adjudicator’s Contract, April 2013

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

Panel of adjudicators

Name Location Contact details (phone & e mail)

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 Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z4.1 Appointment of the Arbitrator

An Arbitrator is appointed when a dispute arises from the Panel of Arbitrators below. The referring party

nominates an Arbitrator, which nomination is either rejected or accepted by the either party. In the instance

of a rejection of the nominated Arbitrator, the referring party refers the Appointment deadlock to the

Chairman of the Johannesburg Bar Council, who appoints an Arbitrator listed in the Panel of Arbitrators

below. An appointed Arbitrator shall provide his written award no later than 30 days following the last day

of closing arguments.

Panel of arbitrators

Name Location Contact details (phone & e mail)

Adv. Ghandi Badela Gauteng +27 11 282 3700

[email protected]

Mr. Errol Tate Pr. Durban +27 11 262 4001

Eng. [email protected]

Adv. Saleem Gauteng +27 11 535-1800

Ebrahim [email protected]

Mr. Sebe Msutwana Gauteng +27 11 442 8555

Pr. Eng. [email protected]

Mr. Sam Amod Gauteng [email protected]

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

Adv. Sias Ryneke Gauteng 083 653 2281

SC [email protected]

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z5 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 Project 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.

Z6 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.

Z7 Extending the defects date: add the following as a new core clause 46:

Z7.1 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.

Z7.2 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.

Z7.3 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.

Z8 Termination

Z8.1 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”.

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

Z9 Cession, delegation and assignment

Z9.1 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.

Z9.2 The Employer may, on written notice to the Consultant, cede and delegate its rights and

obligations under this contract to any person or entity.

Z10 Ethics

Z10.1 The Consultant undertakes:

Z10.1.1 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;

Z10.1.2 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, .

Z10.2 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.

Z10.3 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.

Z11. Confidentiality

Z11.1. 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.

Z11.2 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.

Z11.3 This undertaking shall not apply to –

Z11.3.1 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;

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

Z11.3.2 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

Z11.3.3 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).

Z11.4 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.

Z11.5 The Consultant ensures that all his Sub-Consultants abide by the undertakings in this clause.

Z12. Employer’s Step-in rights

Z12.1 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.

Z12.2 The Consultant co-operates with the Employer and 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.

Z13. Intellectual Property

Z13.1 Intellectual Property (“IP”) rights means all rights in and to any patent, design, copyright, trade

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

Works.

Z13.2 IP rights remain vested in the originator and shall not be used for any reason whatsoever other

than carrying out the works.

Z13.3 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.

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

Z13.4 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:

Z13.4.1 the Consultant’s design, manufacture, construction or execution of the Works;

Z13.4.2 the use of the Consultant’s Equipment, or

Z13.4.3 the proper use of the Works.

Z13.5 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 Dispute resolution: The following amendments are made to Option W1:

Z14.1 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”.

Z14.2 The following clauses are added at the end of clause W1.3:

Z14.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No

oral submissions shall be heard during adjudication.”

Z14.2.2 “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.”

The Consultant shall be expected to annually present a compliant BEE Certificate. Failure to do Z15

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.

Part C1: Agreement and Contract Data

SCM Ref no.: 8590 Project Number 6187

Airports company south africa soc limited

Part C1.2 Contract Data

The conditions of contract are the NEC3 Professional Service Contract, April 2013

Each item of data given below is cross-referenced to the clause in the NEC3 Professional Service Contract

to which it mainly applies.

Part two - Data provided by the Consultant

Clause Statement

10.1 The Consultant is (Name):

Address:

Tel No.:

Fax No.:

Email:

22.1 The Consultant’s key persons are:

1 Name:

Job: Principal Agent

Responsibilities:

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.

Dispute resolution Option clause : W1

X7 Delay damages

X9 Transfer of rights

X10 Employer’s Agent

X11 Termination by the Employer

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Professional Services Contract , April 2013.

11.2(10) The following matters will be included in the Risk Register

Availability of As Built information
Access to Site
Statutory approvals and ACSA approvals
Site Constraints and Constructability
Notification of Claims
Financial and Procurement

11.2(11) The Scope is in the document called Part 3: 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 days

13.6 The period for retention is 1 year following Completion or earlier termination

2 The Parties’ main responsibilities

25.2 The Employer provides access to the following persons, places and things

access to access date

1 Any Information Upon award of the project(s)

2 Upon award of the project(s)

81.1 The amounts of insurance and the periods for which the Consultant maintains insurance are

the services or earlier

termination

failure by the Consultant to use the skill and - Consultant to submit

care normally used by professionals Insurance Certificate of

providing services similar to the services Professional Indemnity

Insurance Cover of R 5

death of or bodily injury to a person (not an Consultant to submit

employee of the Consultant) or loss of or Insurance Certificate of

damage to property resulting from an action Insurance for Public

or failure to take action by the Consultant Liability Insurance Cover

for R10 Million

death of or bodily injury to employees of the As prescribed by the

of their employment in connection with this Occupational Injuries and

contract Diseases Act

81.1 The Employer provides insurance cover for the project

82.1 Deductibles:

In the event where the consultant defaults in its insurance obligations, the employer may take

insurance on their own and then deduct the monthly premiums from the consultant.

9 Termination