Three-year ad-hoc fence repair contract at king phalo airport

The Service Manager is Mr. Samkelo Luyenge for King Phalo Airport. The Employer's address is Airports Company South Africa SOC Limited, King Phalo Airport, 66 Settlersway, Greenfields, East London, 5201.

Contractors must be legally registered entities in South Africa, provide compliant BEE and Tax Clearance Certificates annually, demonstrate capability through CVs of key personnel, and maintain all required insurance coverages. Joint ventures/consortia are permitted but face joint and several liability. The contractor must not be involved in business rescue proceedings and must comply with anti-corruption legislation. Financial standing and ability to meet the R100 million public liability requirement (with employer-provided insurance subject to deductibles) are implicit criteria.

The service is for fence repairs on an ad-hoc basis for three years at King Phalo Airport. The scope includes:

• Fencing: Clear vegetation, bushes and trees around gates.
• Perimeter Fence: Fence repairs and/or replacement.
• Gates: Function test and service (16 gates).
• Tree felling (per tree as and when required).
• Refer to Annexure A for a detailed area-based scope of works.
• Fencing material will be provided by ACSA.
• The contractor must submit a fully detailed Safety file before commencing work and provide full PPE for all employees.

The contractor must provide CVs for key personnel as part of the tender submission. Minimum staff qualifications:

• Supervisor: Must be literate in English, competent in OHS regulations, have first aid skills, be competent in the scope of works, and understand environmental regulations (ISO 14000) and chemical use regulations.
• Labourer: Must understand safety, be able to speak, write, and read instructions in English, have previous work experience, good behaviour, and no previous criminal records.
• All full-time and senior dedicated staff must be permanently employed, medically fit, and provide proof of previous experience.
• The contractor must continuously ensure all staff are suitable, able, competent, and knowledgeable on all equipment used.

Pricing must be submitted using the provided Activity Schedule. Key items include:

• Insurance (ACSA required for this contract).
• Fencing - Perimeter Fence - Fence repairs and/or replacement.
• Fencing - Gates - Function test and service (16 Gates).
• Fencing - Tree felling (per tree as and when required).
• Fencing - Clear vegetation, bushes and trees around gates.
• Airport permits & parking fees (AIT & Security awareness training) - Once off at proven cost (R30,000.00).
• Health & Safety File (yearly).
• The schedule must show subtotals for each year with 6% price escalation for years 2 and 3 for comparison. Final amounts must be reported excluding and including VAT.
• The contractor has liberty to insert additional items, quantities, and rates as separate line items.

Pricing must follow the activity schedule. Key points:

• Submit VAT-exclusive prices.
• Prices must cover all general risks, liabilities, obligations, profit, expenses, costs, bonuses, allowances, and all other obligations.
• Payment is made for each activity only when it is complete.
• Variations will be measured and priced at rates in the Activity Schedule.
• Labour rates include all personnel insurance, holidays with pay, and incentive bonuses. No separate charges for travel.
• Contract value will be adjusted annually according to South Africa's Consumer Price Index (CPI). For tender comparison, use 6% CPI.
• The contractor must provide an accurate and complete Activity Schedule.

The contractor must comply with the following:

• Annually present a compliant B-BBEE Certificate and a valid Tax Clearance Certificate. Failure is a material breach.
• Adhere to the Occupational Health and Safety Act and Construction Regulations. A signed OHS agreement (Section 37(2)) is required before work commences.
• Provide proof of insurance: Workers' Compensation (COID Act) in good standing, Public Liability Insurance, Contractor's Equipment Insurance, and Motor Vehicle Liability Insurance.
• All insurance must be with insurers and on terms approved by the employer.
• Submit a detailed Safety file and all OHS documentation 7 days before work starts.
• Ensure all staff are permanently employed, properly trained, medically fit, and have no previous criminal records.

Strict Occupational Health and Safety (OHS) requirements apply:

• A signed OHS Agreement (Section 37(2) of the OHS Act and Construction Regulation 5.1(k)) is mandatory before any work starts.
• The contractor (Mandatary) is responsible for compliance with the OHS Act and all regulations.
• Must perform a baseline risk assessment by a competent person before commencement.
• Must appoint competent, trained persons and enforce OHS discipline.
• Must issue and ensure use of personal protective equipment (PPE).
• Must have written safe work procedures and enforce them.
• No alcohol or intoxicating substances allowed on site.
• All incidents/accidents must be reported to the Department of Labour and the client.
• A fully detailed Safety file must be submitted before work commences.
• The contractor must provide full PPE for all employees.

The contractor's pricing must include costs for waste management and packaging return as part of the contractual obligations.

Contract terms are based on the NEC3 Term Service Contract (April 2013). Key conditions:

• Main Option A: Priced contract with price list.
• Dispute resolution Option W1.
• Secondary Options include X1 (Price Adjustment for inflation), X2 (Changes in the law), X17, X18, X19, and Z (Additional conditions).
• The law of the contract is South African law. The language is English.
• The service period is three years from the contract start date.
• Payment terms: Assessments on the 15th of each month, with payment within 30 days. Interest is at Nedbank's prime lending rate.
• The contractor must provide the Contractor's Plan within 14 calendar days from the contract date.
• The contractor warrants that the service results shall be fit for their intended purpose.
• Strict ethics and confidentiality clauses apply.
• The employer has step-in rights if the contractor defaults.
• Limitations of liability are specified for both parties.