Supply and installation of shaded ports at chief dawid stuurman international airport – RFQ in eastern cape

{"name":null,"email":null,"phone":"+27 41 507 7362","department":null,"address":"e conditions of contract"}

The tender is open to contractors capable of supplying and installing shaded ports at an airport. The contractor must be able to provide an unconditional, on-demand performance bond from an accepted bank. They must have insurance in place as per the contract (or rely on employer's PCI). They must comply with South African law and the NEC3 ECC conditions. The contractor must not have engaged in corrupt practices (ethics clause). Joint ventures are allowed but must be jointly and severally liable. The contractor must have a valid COID registration and public liability insurance.

of the Works section of this contract

11.2(14) the following matters will be All early warning matters notified by the Project Manager or

included in the Risk Register the Contractor

11.2(15) The boundaries of the site are Terminal Building Roof at Chief Dawid Stuurman Int Airport

11.2(16) The Site Information is in Part C4: Site Information

11.2(19) The Works Information is in Part C3: Scope of Work section of this contract

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 of reply is Seven (7) days

40.2 The quality policy statement and quality plan are provided within 4 weeks of the Contract Date.

41.2 The defects date is 52 weeks after Completion of the whole of the works

43.2 The defects correction period is Two (2) weeks

Contents: No of pages

Part C1 Agreements & Contract Data [●]

Part C2 Pricing Data [●]

Part C3 Scope of Works [●]

Part C4 Site Information [●]

Agreements and Contract Data Part C1 P a g e | 1

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

Part C4 Site Information

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

listed Parts.

A Priced contract with bill of Refer to Part C2: Pricing Data section of this contract

quantities

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

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.

Z2 Providing the Works

Z2.1 Delete core clause 20.1 and replace with the following:

design, scope, and Works information that is 5% or more

Z19.2 The Project Manager requires the written consent of the Employer if an action will result in the Completion

Date being extended by more than 30 days.

Z20 Delegation

As stipulated by Section 37(2) of the Occupational Health and Safety Act No. as amended the

Z20.1 As part of this contract the Contractor acknowledge that it (mandatory) is an employer in its own right with

duties as prescribed in the Occupational Health and Safety Act No as amended and agree to

ensure that all work being performed, or Equipment, Plant and Materials being used, are in accordance with

the provisions of the said Act, and in particular with regard to the Construction Regulations

Z21 Lead Design

11.2 The working areas are: Terminal Building Roof at Chief Dawid Stuurman Int Airport

24.1 The Contractor’s key person are: CV’s to be appended to Tender Schedule

1. Name:

Part c1: agreements and contract data

C1.4: Occupational health and safety agreement

AGREEMENT IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH & SAFETY ACT (ACT ) & CONSTRUCTION REGULATION 5.1(k)

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

1. The Occupational Health & Safety (Act ) and its regulations and
2. The Compensation for Occupational Injuries & Diseases Act (Act ) also known as the (COID

Act).

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

user of the plant

3. Section 37 of the Occupational Health & Safety Act potentially punishes Employers (PRINCIPAL

CONTRACTOR) for unlawful acts or omissions of Mandataries (CONTRACTORS) save where a

provisions of the Occupational Health & Safety Act (OHS Act) and applicable Regulations.

6. Mandatories who utilise the services of their own Mandatories (contractors) must conclude a similar

respective employees will at all times 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 OHSAct , 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.

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

they inquire into Occupational Health & Safety.

1. 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 by the Chief Executive Officer of the Mandatary. A copy of this letter must be

made available to the Client.

2. The Mandatary confirms that he has been informed that he must report to the Client’s management,

in writing anything he/she deems to be unhealthy and /or unsafe. He has versed his employees in

Agreements and Contract Data Part C1 P a g e | 22

this regard.

3. The Mandatary warrants that he/she shall not endanger the health & safety of the Client’s employees

and other persons in any way whilst performing work on the Client’s premises.

4. The Mandatary understands that no work may commence on the Client’s premises until this

procedure is duly completed, signed and received by the Client.

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 OHSAct and its regulations are complied with.

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

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.

Unless the tenderer (now Contractor) within five (5) working days of the date of such receipt notifies the

Main Option B: Priced contract with Bill of Quantities

Dispute resolution Option W1: Dispute resolution procedure

Secondary Options X7: Delay damages

(incorporating amendments)

X13: Performance bond

X16: Retention

X18: Limitation of liability

Z: Additional conditions of contract

of the NEC3 Engineering and Construction Contract, April

2013

Agreements and Contract Data Part C1 P a g e | 6

13.6 The period of retention is 12 months following Completion or earlier termination of

a contract

2 The Parties’ main responsibilities

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

84.1 The Contractor provides the The Insurance Clauses which is attached at the end of the

insurance stated in Contract Data. The insurances are in the joint names of the

for insurance in respect of death and Diseases Act No.

of or bodily injury to employees

of the Contractor arising out of

and in the course of their

employment in connection with

this contract for any one event is:

9 Termination Applicable as per Section 9 of the NEC3 ECC (April 2013)

Option W1

W1.1 The Adjudicator is The person appointed jointly by the parties from the list of

adjudicators contained below

W1.2 The Adjudicator nominating body The current Chairman of Johannesburg Advocate’s Bar

is Council

W1.4 The tribunal is Arbitration

W1.4 If the tribunal is arbitration, the The arbitration procedure is set out in The Rules for the

arbitration procedure is Conduct of Arbitrations 2013 Edition, 7th Edition, published

by The Association of Arbitrators, (Southern Africa)

W1.4 The place where arbitration is to Johannesburg, South Africa.

be held is

W1.4 The person or organisation who The Arbitrator is the person selected by the Parties as and

will choose an arbitrator 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 Advocates Bar Council.

X13 Performance Bond (where

option is chosen)

X13.1 The amount of the performance

bond is

X16 Retention (where option is

chosen)

X16.1 The retention free amount is R

The retention percentage is 10% of the Prices, 50% of retention will be released at

Practical Completion of the works and the remaining 50%

will be released after the Defects Period

X18 Limitation of Liability

X18.1 The Contractor’s liability to the Nil - Neither Party is liable to the other for any consequential

consequential loss is limited to of income or loss of revenue

X18.2 For any one event, the Total of the losses incurred and/or repairs to the damages

Contractor’s liability to the caused

to the Employer’s property is

limited to

X18.3 The Contractor’s total liability to Total of the losses incurred and/or repairs to the damages

the Employer for defects due to caused

his design which are not listed on

the Defects Certificate is limited

to

Agreements and Contract Data Part C1 P a g e | 10

X18.4 The Contractor’s total liability to The Contractor’s total direct liability to the Employer for all

the Employer for all matters matters arising under or in connection with this contract,

arising under or in connection other than the excluded matters, is limited to the total of the

with this contract, other than losses incurred and/or repairs to the damages caused and

excluded matters, is limited to applies in contract, tort or delict and otherwise to the extent

allowed under the law of the contract.

• Loss of or damage to the Employer’s property,
• Delay damages,
• Defects liability,
• Insurance liability to the extent of the Contractor’s

risks

• loss of or damage to property (other than the

works, Plant and Materials),

• death of or injury to a person;
• damage to third party property; and
• infringement of an intellectual property right

X18.5 The end of liability date is 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

Z The Additional conditions of Z1 – Z20

contract are

between Completion and the defects date stated in the Contract Data

Z5 Termination

Z5.1 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 recue proceedings”.

contract period. If the terms of the performance bond specify its expiry date and the end of the

contract period does not coincide with such expiry date, four weeks prior to the said expiry date,

the Contractor extends the validity of the performance bond until the end of the contract period. If

the Contractor fails to so extend the validity of the performance bond, the Employer may claim the

full amount of the performance bond and retain the proceeds as cash security

Z7 Limitation of liability:

Z7.1 Insert the following new clause as Option X18.6:

limited to R0.00

Z7.2 Notwithstanding any other clause in this contract, any proceeds received from any insurances or

any proceeds which would have been received from any insurances but for the conduct of the

Z8 Cession, delegation and assignment

Z8.1 The Contractor 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.

This clause shall be binding on the liquidator/business rescue practitioner /trustee (whether

provisional or not) of the Contractor

Z8.2 The Employer may cede and delegate its rights and obligations under this contract to any person

or entity

Z9 Joint and several liability

Z9.1 If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two

or more persons, these persons are deemed to be jointly and severally liable to the Employer for

the performance of the Contract.

Z9.2 The Contractor shall, within 1 week of the Contract Date, notify the Project Manager and the

Z9.3 The Contractor does not materially alter the composition of the joint venture, consortium or other

unincorporated grouping of two or more persons without prior written consent of the Employer.

Z10 Ethics

Z10.1 The Contractor undertakes:

Z10.1.1 not to give 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 Contractor’s breach of this clause constitutes grounds for terminating the Contractor’s

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

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

grounds for termination.

Z10.3 If the Contractor 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 Contractor 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

Z12.2 The Contractor 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 Contractor 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 Liens and Encumbrances

Z13.1 The Contractor keeps the Equipment used to Provide the Services free of all liens and other

encumbrances at all times. The Contractor, vis-a-vis the Employer, waives all and any liens which

he may from time to time have, or become entitled to over such Equipment and any part thereof

and procures that his Subcontractors similarly, vis-a-vis the Employer, waive all liens they may

have or become entitled to over such Equipment from time to time

Z14 Intellectual Property

Agreements and Contract Data Part C1 P a g e | 14

Z14.1 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.

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 Contractor 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 written approval of the Contractor is to be obtained before the Contractor's IP made available

to any third party which approval will not be unreasonably withheld or delayed. Prior to making

any Contractor's IP available to any third party the Employer shall obtain a written confidentiality

undertaking from any such third party on terms no less onerous than the terms the Employer

would use to protect its IP

Z14.5 The Contractor 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:

Z14.5.1 the Contractor’s design, manufacture, construction or execution of the Works

Z14.5.2 the use of the Contractor’s Equipment, or

Z14.5.3 the proper use of the Works.

Z14.6 The Employer shall, at the request and cost of the Contractor, assist in contesting the claim and

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

litigation or arbitration which may arise from it.

Agreements and Contract Data Part C1 P a g e | 15

Z16 Dispute resolution:

Z16.1 Appointment of the

when a dispute arises, from

the Panel of Adjudicators Name Location Contact details

below. The referring party (phone & e mail)

nominates an Adjudicator, Adv. Ghandi Gauteng +27 11 282 3700

which nomination is either Badela [email protected]

accepted or rejected by the Mr. Errol Tate Pr. Durban +27 11 262 4001

other party. In the instance of Eng. [email protected]

a rejection of the nominated Adv. Saleem Gauteng +27 11 535 1800

Adjudicator, the referring Ebrahim [email protected]

Party refers the appointment Mr. Sebe Gauteng +27 11 442 8555

deadlock to the Chairman of Msutwana Pr. [email protected]

the Johannesburg Bar Eng.

Council, who appoints an Mr. Sam Amod Gauteng [email protected]

when a dispute arises from

the Panel of Arbitrators below. Name Location Contact details

The referring party (phone & e mail)

nominates an Arbitrator, which Adv. Ghandi Badela Gauteng +27 11 282 3700

nomination is either accepted [email protected]

or rejected by the other party. Mr. Errol Tate Pr. Durban +27 11 262 4001

In the instance of a rejection Eng. [email protected]

of the nominated Arbitrator, Adv. Saleem Gauteng +27 11 535 1800

the referring Party refers the Ebrahim [email protected]

appointment deadlock to the a

Chairman of the Mr. Sebe Msutwana Gauteng +27 11 442 8555

Johannesburg Bar Council, Pr. Eng. [email protected]

who appoints an Arbitrator Mr. Sam Amod Gauteng [email protected]

listed in the Panel of

Arbitrators below Adv. Sias Ryneke Gauteng 083 653 2281

SC [email protected]

.za

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z17 Notification of a compensation event

Z17.1 Delete “eight weeks” in clause 61.3 and replace with “four weeks”. Delete the words “unless the event

arises from the Project Manager or the Supervisor giving an instruction, issuing a certificate, changing an

earlier decision or correcting an assumption.

Z19 Communication

Z19.1 Add a new Core Clause 14.5 and 14.6 to read as follows:

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.

a. Public Liability Insurance Cover as required by the Subcontract Agreement.

b. 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.

Agreements and Contract Data Part C1 P a g e | 21

Part c1: agreements and contract data

C1.5: Acsa insurance clauses

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

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

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

Section 1 Of The Policy – Contract Works

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;

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)

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.

Agreements and Contract Data Part C1 P a g e | 24

Section II of the Policy – Contractors Public Liability

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

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 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

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.

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

c) Aviation 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 R2,000,000,000 in respect of any one occurrence or series of

occurrences consequent on or to one source or original cause.

d) 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.

Agreements and Contract Data Part C1 P a g e | 25

*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 no guarantee that this insurance cover will provide

sufficient cover to this specific contract should the aggregate limit be exhausted.

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

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

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

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.

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

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

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) Aviation Liability Insurance ;

In respect of each and every loss or damage or injury - US$250,000.

d) 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” ).

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 enquiry's on the Site of the Works or

elsewhere as to the cause and results of any such occurrence and the Contractor shall co-

operate 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.

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

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

following Insurances to be effected by the Contractor :

2.1 Without limiting the Contractor’s obligations, responsibilities and liabilities, the Contractor and

Sub-contractor shall maintain at the Contractor's and Subcontractor’s expense and where

applicable provide as a minimum the following insurances:

a) Insurance of Construction Plant and Equipment (including tools offices and other

temporary structures and contents) and other things (except those intended for

incorporation into the Works) brought onto the site for a sum sufficient to provide for their

replacement.

provided to the Employer.

b) Contractor’s Common Law Liability/ Worker’s Compensation Insurance

indemnity of not less than R20,000,000 and/or workmen's compensation insurance

covering personal injury to or death of the employees of the Contractor engaged in

connection with the Works to the minimum value required by applicable law.

insurance in respect of its Subcontractor’s personnel performing the Works.

the Contractor shall indemnify and hold harmless the Employer against any such claim.

provided to the Employer.

c) Motor Vehicle Liability Insurance comprising (as a minimum) "Balance of Third Party" Risks including

Passenger Liability indemnity with a limit of indemnity of not less than R5 000 000 for all owned, non-owned,

leased and hired vehicles.

d) Insurance For Buy-Down Cover Of Employer’s Deductibles

be noted by endorsement to the relevant Policies of Insurance.

any insurance maintained by the Employer.

f) Public Liability insurances in excess of the Employers Public Liability insurances as stated under clause

1.1(a).

g) Aviation Liability insurances in excess of the Employers Aviation Liability insurances as

stated under clause 1.1(c).

Agreements and Contract Data Part C1 P a g e | 29

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

40.2 The quality policy statement and quality plan are provided within 4 weeks of the Contract Date.

{"briefingSession":"{"date":"28 August 2026","time":"10:00 AM","venue":"10:00 AM. The","is_compulsory":true}"}

{"name":null,"email":"[email protected]","phone":"011 409 3943","department":"representatives after the approval of a","address":"AT CHIEF DAWID STUURMAN"}

Only tenderers with a CIDB contractor grading of 3GB or higher are eligible. Bidders must not be under any restrictions preventing participation, must have legal capacity, and must not be insolvent, in receivership, or under business rescue. They must also comply with tax obligations and provide the required tax compliance documentation. Foreign suppliers must answer the questionnaire in Part A.

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Bid document

For the

Supply and installation of shaded ports at chief dawid

Stuurman international airport

Bid Reference Number: 16812

DATE OF ISSUE:05 August 2026

Issued by

Airports Company South Africa

Chief dawid stuurman international airport

Note:

Upon Acceptance of the Offer by the Employer, this Tender Document becomes the Contract

Document, subsequent to which, all references to the term “Tenderer(s)” then become synonymous

with the term “Contractor”.

Volume 1

Name of bidder: ................................................................

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Part a

Sbd 1: invitation to bid

You are hereby invited to bid for requirements of the airports company south africa

BID NUMBER: 16812 CLOSING DATE: 28 August 2026 CLOSING TIME: 13:00 PM

Supply and installation of shaded ports at chief dawid stuurman

Description international airport

Bid response documents may be deposited in the bid box situated at (street address)

(NB: Tender Deposit Register must be completed and signed by person depositing the bid documents)

Bidding procedure enquiries may be directed to technical enquiries may be directed to:

CONTACT PERSON Joseph Rulash CONTACT PERSON

Telephone number 011 409 3943 telephone number

Facsimile number n/a facsimile number

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS

Supplier information

Name of bidder

Postal address

Street address

Telephone number code number

Cellphone number

Facsimile number code number

E-mail address

VAT registration

Number

Supplier tax central

Compliance compliance or supplier

STATUS SYSTEM PIN: DATABASE No: MAAA

Are you the

ACCREDITED Yes No ARE YOU A FOREIGN BASED

Representative in supplier for the goods

SOUTH AFRICA FOR Yes No [IF YES, ANSWER THE

/Services offered?

The goods questionnaire

/Services [if yes enclose proof] below]

Offered?

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Questionnaire to bidding foreign suppliers

Is the entity a resident of the republic of south africa (RSA)? yes NO

Does the entity have a branch in the RSA? yes NO

Does the entity have a permanent establishment in the RSA? yes NO

Does the entity have any source of income in the RSA? yes NO

Is the entity liable in the RSA for any form of taxation? Yes NO

If the answer is “NO” to all of the above, then IT is not a requirement to register for a tax

Compliance status system pin code from the south african revenue service (SARS) and if not

Register as per 2.3 Below.

Part b

Terms and conditions for bidding

1. Bid submission:

1.1. Bids must be delivered by the stipulated time to the correct address. Late bids will not be

Accepted for consideration.

1.2. All bids must be submitted on the official forms provided (not to be re-typed) or in the manner

Prescribed in the bid document.

1.3. This bid is subject to the preferential procurement policy framework act, 2000 and the

Preferential procurement regulations, the general conditions of contract (gcc) and, if

Applicable, any other special conditions of contract.

1.4. The successful bidder must ensure they have a fully completed and signed written contract

Post award.

2. Tax compliance requirements

2.1 Bidders must ensure compliance with their tax obligations.

2.2 Bidders are required to submit their unique personal identification number (pin) issued by SARS

To enable the organ of state to verify the taxpayer’s profile and tax status.

2.3 Application for tax compliance status (tcs) pin may be made via e-filing through the SARS website

Www.SARS.GOV.ZA.

2.4 Bidders may also submit a printed tcs certificate together with the bid.

2.5 In bids where consortia / joint ventures / sub-contractors are involved; each party must submit

A separate tcs certificate / pin / csd number.

2.6 Where NO tcs pin is available but the bidder is registered on the central supplier database (csd),

A csd number must be provided.

Nb: failure to provide / or comply with any of the above particulars may render the bid invalid.

Signature of bidder: .....................................................................................

Capacity under which this bid is signed: ....................................................................................

(Proof of authority must be submitted e.g. company resolution)

Date: ......................................................................

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Contents

The BID

Part T1: Tendering procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

T1.3 CIDB Standard Conditions of Tender

Part T2: Returnable documents

T2 List of Returnable Documents

T2 Returnable Schedules

The Contract

Part C1: Agreement and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data

C1.3 Forms of Securities

C1.4 Occupational Health and Safety Agreement

C1.5 Insurance Schedule

Part C2: Pricing data

C2.1 Pricing Assumptions

C2.2 Pricing/Activity Schedules

Part C3: Service Information / Scope of Work

Part C4: Site information

APPENDICES (Attached Separately)

Appendix 1 : contract document

(Bidder to Complete, sign and return contract with this completed bid document)

Appendix 2 : insurance requirements

APPENDIX 3: Safety, Environmental etc

(Included for information purposes. Successful bidder will be required to complete)

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T1.1 Tender Notice and Invitation to Tender

Airports Company South Africa SOC Limited invites tenders for SUPPLY AND INSTALLATION OF SHADED

Ports at chief dawid stuurman international airport

Only tenderers who are a CIDB contractor grading of 3GB or higher as stated on the Tender Data may submit

tender offers.

Tender document availability

Tender document are available from 05 August 2026 , for free download from National Treasury’s eTender

Publication Portal (http://www.etenders.gov.za) and ACSA Tender Bulletin website -

http://www.airports.co.za/business/tender-bulletin/current-and-future-tenders

Kindly print and complete.

Queries relating to the issue of these documents may be addressed to

E-mail address: [email protected]

Closing date for enquiries is 21 August 2026

Telegraphic, telephonic, telex, facsimile, tenders will not be accepted. 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

invitation.

Bidders may not contact any ACSA employee on this tender other than those listed above. Contact will only be

allowed between the successful bidder and ACSA Business Unit representatives after the approval of a

recommendation to award this tender. Contact will also only be permissible in the case of pre-existing

commercial relations which do not pertain to the subject of this tender.

Non-compulsory briefing

A Non-compulsory briefing/site inspection session will be held on 14 of August 2026 at 10:00 AM. The

session will be held at the following location: Information desk, Dawid Stuurman International Airport

Requirements for the site inspection will be provided as part of the specifications

The site inspection will take place directly after the compulsory briefing session. The site inspection is Noncompulsory, and these inspections will provide you with a more understanding of the airport and what is required

for this tender/contract.

Bidders are required to bring the following for the site inspection at both airports:

• ID document or driver’s license
• Safety Boots
• Reflector Vest

Permit fee will be applicable.

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Closing Date

The closing time for receipt of tenders is 28 August 2026 at 13h00 pm (South African Time). Tenders must be

placed inside the Tender Box, situated at reception Administrator Office, Aeropark Office Complex, Block

A, 1st Floor, Allister Miller Drive, Walmer, Eastern Cape, South Africa P O Box 5787, Walmer, Gqeberha,

South Africa, 6065

Location Of Tender Box:

Administrator Office, Aeropark Office Complex, Block A, 1st Floor, Allister Miller Drive, Walmer, Eastern Cape,

South Africa P O Box 5787, Walmer, Gqeberha, South Africa, 6065

Submission of Bid Documents

Submit bids during working hours Monday to Friday as there may not be anyone available to receive bids outside

working hours.

The Bid Register must be completed when submitting/depositing the tender document – Ensure that the persons

delivering the tender document is aware of this. The Register will require the name of the Tendering Entity;

Name and contact details of the person at the tendering entity.

This Bid document and the contract document must be completed and returned in it’s entirety together with the

necessary supporting information.

Tenders may only be submitted on the tender documentation that is issued.

Late Bids

Bids which are submitted after the closing date and time will not be accepted. Bidders must ensure that bid

envelopes have the bidder’s return address on the outside which ACSA may use to return late bids.

Airports Company South Africa SOC Limited will not be liable for any late bids.

Telephonic, telegraphic, telex, facsimile tenders will not be accepted. Requirements for sealing, addressing,

delivery, opening and assessment of tenders are stated in the Tender Data.

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T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex C of the CIDB Standard

for Uniformity in Construction Procurement (8 August 2019) as published in Government Gazette 42622, Board

Notice of 8 August 2019. (See www.cidb.org.za ).

The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically

to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency

between it and the Standard Conditions of Tender.

Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which

it mainly applies.

Clause Tender Data

Number

C.1 General

C.1.1 The Employer is AIRPORTS COMPANY SOUTH AFRICA SOC LIMITED

C.1.2 The Tender Documents issued by the Employer comprise:

Part T1: Tendering Procedures

T1.1 Tender notice and invitation to tender

T1.2 Tender data

T1.3 CIDB Standard conditions of tender

Part T2: Returnable Document

T2 List of returnable documents

T2 Returnable schedule

Part C1: Agreements and Contract Data

C1.1 Form of offer and acceptance

C1.2 Contract data

Part C2: Pricing Schedule

C2.1 Pricing Assumptions

C2.2 Pricing/Activity Schedules

Part C3 : Works Information / Scope of work

Part C4: Site information

C.1.4 The Employer’s Agent is Joseph Rulash

Email address: [email protected]

All communication during the Tender period shall not be made to the Principal Agent but to ACSA’s

Supply Chain Department

C.1.5 Cancellation and Re-Invitation of Tenders

C1.5.1 An employer may, prior to the award of the tender, cancel a tender if-

a) due to changed circumstances, there is no longer a need for the engineering and

construction works specified in the invitation;

b) funds are no longer available to cover the total envisaged expenditure; or

c) no acceptable tenders are received.

d) there is a material irregularity in the tender process.

C.1.5.2 The decision to cancel a tender invitation must be published in the same manner in which

the original tender invitation was advertised

C.1.5.3 An employer may only with the prior approval of the relevant treasury cancel a tender

invitation for the second time.

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C.2 Tenderer’s obligations

C.2.1 Eligibility

Refer Mandatory Criteria as listed in C3.11

C.2.2 Cost of tendering

C.2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate

the tenderer for any costs incurred in the preparation and submission of a tender offer, including

the costs of any testing necessary to demonstrate that aspects of the offer complies with

requirements.

C.2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any

discrepancy or omission.

C.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents

issued by the employer only for the purpose of preparing and submitting a tender offer in response

to the invitation.

C.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if

necessary apply for an extension to the closing time stated in the tender data, in order to take the

addenda into account.

C.2.7 Clarification meeting

A Non-compulsory briefing/site inspection session will be held on 14 of August 2026 at

10:00 AM. The session will be held at the following location: Information desk, Dawid

Stuurman International Airport Requirements for the site inspection will be provided as part

of the specifications

C.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer by the Query

Closure date of 21 August 2026

C.2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) might not be for the

full cover required in terms of the conditions of contract identified in the contract data. The tenderer

is advised to seek qualified advice regarding insurance.

C.2.10.3 This contract shall not be subject to Contract Price Adjustments, foreign fluctuations, etc and all

rates and prices shall remain FIXED, final and binding for the full duration of this contract.

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C.2.11 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with

instructions issued by the employer, or necessary to correct errors made by the tenderer. All

signatories to the tender offer shall initial all such alterations.

C.2.12 Alternative bids will not be considered.

C.2.13 Submitting a tender offer

C.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member

in a joint venture to provide the whole of the works identified in the contract data and described in

the scope of works, unless stated otherwise in the tender data.

C.2.13.2 Return all returnable documents to the employer after completing them in their

entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-

erasable ink.

C.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus

PLUS one (1) copy AND in electronic format (USB Flash Drive) , with an English translation of any

documentation in a language other than English, and the parts communicated electronically in the

same format as they were issued by the employer.

C.2.13.4 Sign the original and all copies of the tender offer where required in terms of the

tender data. The employer will hold all authorized signatories liable on behalf of the tenderer.

Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories

is the lead partner whom the employer shall hold liable for the purpose of the tender offer.

C.2.13.5 Seal the original and each copy of the tender offer as separate packages marking

the packages as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's

address and identification details stated in the tender data, as well as the tenderer's name and

contact address.

C.2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely

and in the form required, may be regarded by the employer as non-responsive.

C.2.15 Closing time

The closing time for receipt of tenders is 28 August 2026 at 13h00 pm (South African Time).

Tenders must be placed inside the Tender Box, situated at reception Administrator Office,

Aeropark Office Complex, Block A, 1st Floor, Allister Miller Drive, Walmer, Eastern Cape, South

Africa P O Box 5787, Walmer, Gqeberha, South Africa, 6065

Location Of Tender Box:

Administrator Office, Aeropark Office Complex, Block A, 1st Floor, Allister Miller Drive, Walmer,

Eastern Cape, South Africa P O Box 5787, Walmer, Gqeberha, South Africa, 6065

Submission of Bid Documents

Submit bids during working hours Monday to Friday as there may not be anyone available to

receive bids outside working hours.

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The Bid Register must be completed when submitting/depositing the tender document – Ensure

that the persons delivering the tender document is aware of this. The Register will require the

name of the Tendering Entity; Name and contact details of the person at the tendering entity.

This Bid document and the contract document must be completed and returned in it’s entirety

together with the necessary supporting information.

Tenders may only be submitted on the tender documentation that is issued.

C.2.16 Tender offer validity

C.2.16.1 Hold the tender offer(s) valid for 12 weeks (84 days) for acceptance by the

employer at any time during the validity period stated after the closing time stated in the tender

data.

C.2.16.2 If requested by the employer, consider extending the validity period stated in the

tender data for an agreed additional period with or without any conditions attached to such

extension.

C.2.16.3 Accept that a tender submission that has been submitted to the employer may

only be withdrawn or substituted by giving the employer’s agent written notice before the closing

time for tenders that a tender is to be withdrawn or substituted. If the validity period stated in C.2.16

lapses before the employer evaluating tender, the contractor reserves the right to review the price

based on Consumer Price Index (CPI).

C.2.16.4 Where a tender submission is to be substituted, a tenderer must submit a

substitute tender in accordance with the requirements of C.2.13 with the packages clearly marked

as “SUBSTITUTE”.

C.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during

the evaluation of tender offers. This may include providing a breakdown of rates or prices and

correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No

change in the competitive position of tenderers or substance of the tender offer is sought, offered,

or permitted.

C.2.20 Submit securities, bonds and policies

If requested, submit for the employer’s acceptance before formation of the contract, all securities,

bonds, guarantees, policies and certificates of insurance required in terms of the conditions of

contract identified in the contract data.

C.3 Employer’s undertakings

C.3.1 Respond to requests from the tenderer

The Employer will respond to requests for clarification by 05 August 2025 at 13:00 pm.

C.3.2 Issue Addenda

Addenda will be issued until ten (10) working days before the tender closing time.

C.3.3 Return late tender offers

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Tender offers received after the closing time stated in the Tender Data will be returned, unopened,

(unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer

concerned.

C.3.4 Opening of tender submissions

There will be public opening of tenders after the closing date and time at xxxxxxxxxx. Tender

opening register will be uploaded on National Treasury e-tenders website.

C.3.7 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of tender

offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged

in corrupt or fraudulent practices.

C.3.8 Test for Responsiveness

C.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer

properly received:

a) complies with the requirements of these Conditions of Tender

b) has been properly and fully completed and signed, and

c) is responsive to the other requirements of the tender documents

C.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications

of the tender documents without material deviation or qualification. A material deviation or

qualification is one which, in the Employer's opinion, would:

a) detrimentally affect the scope, quality, or performance of the works, services or supply

identified in the Scope of Work,

b) significantly change the Employer's or the tenderer's risks and responsibilities under the

contract, or

c) affect the competitive position of other tenderers presenting responsive tenders, if it were

to be rectified.

Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by

correction or withdrawal of the non-conforming deviation or reservation.

The detailed Evaluation Process will follow here-after to further determine if the qualifying

bidders/tenderers is fully responsive.

C.3.9 Arithmetical errors, omissions and discrepancies.

C.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in

figures. Where there is a discrepancy between the amounts in figures and the amount in words,

the amount in words shall govern.

C.3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation

points after the evaluation of tender offers in accordance with C.3.11 for:

a) the gross misplacement of the decimal point in any unit rate;

b) omissions made in completing the pricing schedule or bills of quantities; or

c) arithmetic errors in:

(i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities

or schedules of prices; or

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(ii) the summation of the prices.

C.3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either

confirm the tender offer as tendered or accept the corrected total of prices.

C.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as

follows:

a) If bills of quantities or pricing schedules apply and there is an error in the line item total

resulting from the product of the unit rate and the quantity, the line item total shall govern and the

rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in

the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.

b) Where there is an error in the total of the prices either as a result of other corrections

required by this checking process or in the tenderer's addition of prices, the total of the prices shall

govern and the tenderer will be asked to revise selected item prices (and their rates if bills of

quantities apply) to achieve the tendered total of the prices.

C.3.10 Clarification of a tender offer

Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract

arising from the tender offer.

C.3.11 Stage 1 Test for Responsiveness (as per clause C.3.8)

Stage 2 Mandatory Administration Criteria

• Fully completed and signed form of offer.
• Only tenderers who are a CIDB contractor grading of 3GB or higher

Stage 4 Functionality Evaluation Criteria

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 70 points out of 100 must be achieved for the tender to be eligible

for further evaluation on Price and Preference (80/20) split.

Functionality evaluation breakdown

Please see atatched evaluation criteria document.

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Stage 4 Price and Preference

This is the final stage of the evaluation process and will be based on the Preferential Procurement

Regulations 2022. preference point system. Bidders will be ranked by applying the preferential

point scoring 80/20 for bids with the rand value equal to or below R50 million. A maximum of 80

points is allocated for price based on the following formulae

80/20

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

Evaluation of Preference

ACSA will score specific goals out 20 in accordance with the Preferential Procurement

Regulations 2022. If a bidder fails to meet the Specific goals as outlined on the table below and

to submit proof, the bidder will score zero (0) out of 20. ACSA will not disqualify the bidder. See

below Specific goals that must be achieved for this bid:

(Note to organs of state: Where either the 80/20 preference point system is applicable,

corresponding points must also be indicated as such.)

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

point system.)

Number of

Specific Goals points

(80/20 syst

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

Bidder to provide proof to support The Preference Points being Claimed.

a)Provide original or certified copy Valid sworn Affidavit OR

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b) B-BBEE Certificate from a SANAS accredited rating agency

• If bidder is a Joint Venture (JV) – a consolidated B-BBEE certificate from a SANAS

accredited agency must be provided

as prescribed by the B-BBEE Act and its relevant/most recent Codes of Good Practice

a) Any other supporting information..

In order to score for preference points, bidder must provide

Supporting information (proof)that is relevant to the specific goals.

Stage 5 - Objective Criteria Evaluation

In line with the PPPFA, the tender must be awarded to the bidder who scores the highest points,

unless objective criteria in addition to those contemplated in the specific goals (Preference) justify

the award to another bidder. Should there be no bidder the complies with the objective criteria,

the highest point scorer shall be awarded the bid

C.3.12 Insurance provided by the employer

Refer to Contract Data

C.3.13 C.3.13 Acceptance of tender offer

Accept the tender offer; if in the opinion of the employer, it does not present any risk and only if

the tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing

participating in the employer’s procurement;

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she

possesses the professional and technical qualifications, professional and technical competence,

financial resources, equipment and other physical facilities, managerial capability, reliability,

experience and reputation, expertise and the personnel, to perform the contract;

c) has the legal capacity to enter into the contract;

d) is not; insolvent, in receivership, under Business Rescue as provided for in chapter 6 of

the Companies Act No. 2008, bankrupt or being wound up, has his/her affairs administered by a

court or a judicial officer, has suspended his/her business activities or is subject to legal

proceedings in respect of any of the foregoing;

e) complies with the legal requirements, if any, stated in the tender data; and

f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

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T1.3 Standard Conditions of Tender (Annex C of CIDB SFU)

C.1 General

C.1.1 Actions

C.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of

tender. In their dealings with each other, they shall discharge their duties and obligations as set

out in C.2 and C.3, timeously and with integrity, and behave equitably, honestly and

transparently, comply with all legal obligations and not engage in anticompetitive practices.

C.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender

process shall avoid conflicts of interest and where a conflict of interest is perceived or known,

declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall

declare any potential conflict of interest in their tender submissions. Employees, agents and

advisors of the employer shall declare any conflict of interest to whoever is responsible for

overseeing the procurement process at the start of any deliberations relating to the procurement

process or as soon as they become aware of such conflict and abstain from any decisions where

such conflict exists or recuse themselves from the procurement process, as appropriate.

Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for

improper acts in some circumstances. A conflict of interest can create an appearance of

impropriety that can undermine confidence in the ability of that person to act properly in his

or her position even if no improper acts result.

2. Conflicts of interest in respect of those engaged in the procurement process include direct,

indirect or family interests in the tender or outcome of the procurement process and any

personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any

decisions taken.

C.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm

intention and the capacity to proceed with the contract.

C.1.2 Tender Documents

The documents issued by the employer for the purpose of a tender offer are listed in the tender data.

C.1.3 Interpretation

C.1.3.1 The tender data and additional requirements contained in the tender schedules that are included

in the returnable documents are deemed to be part of these conditions of tender.

C.1.3.2 These conditions of tender, the tender data and tender schedules which are required for tender

evaluation purposes, shall form part of any contract arising from the invitation to tender.

C.1.3.3 For the purposes of these conditions of tender, the following definitions apply:

a) conflict of interest means any situation in which:

i) someone in a position of trust has competing professional or personal interests which make

it difficult to fulfill his or her duties impartially;

ii) an individual or tenderer is in a position to exploit a professional or official capacity in some

way for their personal or corporate benefit; or

iii) incompatibility or contradictory interests exist between an employee and the tenderer who

employs that employee.

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b) comparative offer means the price after the factors of a non-firm price and all unconditional

discounts it can be utilised to have been taken into consideration;

c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to

influence the action of the employer or his staff or agents in the tender process;

d) fraudulent practice means the misrepresentation of the facts in order to influence the tender

process or the award of a contract arising from a tender offer to the detriment of the employer,

including collusive practices intended to establish prices at artificial levels;

C.1.4 Communication and employer’s agent

Each communication between the employer and a tenderer shall be to or from the employer's agent only,

and in a form that can be readily read, copied and recorded. Communications shall be in the English

language. The employer shall not take any responsibility for non-receipt of communications from or by a

tenderer. The name and contact details of the employer’s agent are stated in the tender data.

C.1.5 Cancellation and Re-Invitation of Tenders

C.1.5.1 An employer may, prior to the award of the tender, cancel a tender if-

a) due to changed circumstances, there is no longer a need for the engineering and construction

works specified in the invitation;

b) funds are no longer available to cover the total envisaged expenditure; or

c) no acceptable tenders are received.

d) there is a material irregularity in the tender process.

C.1.5.2 The decision to cancel a tender invitation must be published in the same manner in which the

original tender invitation was advertised

C.1.5.3 An employer may only with the prior approval of the relevant treasury cancel a tender invitation

for the second time.

C.1.6 Procurement procedures

C.1.6.1 General

Unless otherwise stated in the tender data, a contract will, subject to C.3.13, be concluded with the

tenderer who in terms of C.3.11 is the highest ranked or the tenderer scoring the highest number of

tender evaluation points, as relevant, based on the tender submissions that are received at the closing

time for tenders.

C.1.6.2 Competitive negotiation procedure

C.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed,

tenderers shall submit tender offers in response to the proposed contract in the first round of

submissions. Notwithstanding the requirements of C.3.4, the employer shall announce only the names

of the tenderers who make a submission. The requirements of C.8 relating to the material deviations or

qualifications which affect the competitive position of tenderers shall not apply.

C.1.6.2.2 All responsive tenderers or at least a minimum of not less than three responsive tenderers

that are highest ranked in terms of the evaluation criteria stated in the tender data shall be invited to

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enter into competitive negotiations based on the principle of equal treatment, keeping confidential the

proposed solutions and associated information.

Notwithstanding the provisions of C.2.17, the employer may request that tenders be clarified, specified

and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification,

specification, fine-tuning or additional information does not alter any fundamental aspects of the offers

or impose substantial new requirements which restrict or distort competition or have a discriminatory

effect.

C.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to

revise their tender offer based on the same evaluation criteria, with or without adjusted weightings.

Tenderers shall be advised when they are to submit their best and final offer.

C.1.6.2.4 The contract shall be awarded in accordance with the provisions of C.3.11 and C.3.13 after

tenderers have been requested to submit their best and final offer.

C.1.6.3 Proposal procedure using the two stage-system

C.1.6.3.1 Option 1

Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around

which a contract may be negotiated. The employer shall evaluate each responsive submission in terms

of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with

the tenderer scoring the highest number of evaluation points and award the contract in terms of these

conditions of tender.

C.1.6.3.2 Option 2

C.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite

all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement

documents.

C.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the

method of evaluation stated in the tender data, and award the contract in terms of these conditions of

tender.

C.2 Tenderer’s obligations

C.2.1 Eligibility

C.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the

tenderer, or any of his principals, is not under any restriction to do business with employer.

C.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the

tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by

the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the

employer’s written approval to do so prior to the closing time for tenders.

C.2.2 Cost of tendering

C.2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate the

tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs

of any testing necessary to demonstrate that aspects of the offer complies with requirements.

C.2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost

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incurred by the employer for printing the documents. Employers must attempt to make available the

tender documents on its website so as not to incur any costs pertaining to the printing of the tender

documents.

C.2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any discrepancy or

omission.

C.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents

issued by the employer only for the purpose of preparing and submitting a tender offer in response to

the invitation.

C.2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards,

specifications, conditions of contract and other publications, which are not attached but which are

incorporated into the tender documents by reference.

C.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if

necessary apply for an extension to the closing time stated in the tender data, in order to take the

addenda into account.

C.2.7 Clarification meeting

Attend, where required, a clarification meeting at which tenderers may familiarize themselves with

aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are

stated in the tender data.

C.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer at least five (5)

working days before the closing time stated in the tender data.

C.2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full

cover required in terms of the conditions of contract identified in the contract data. The tenderer is

advised to seek qualified advice regarding insurance.

C.2.10 Pricing the tender offer

C.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes except

Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and

levies being those applicable fourteen (14) days before the closing time stated in the tender data.

C.2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of

the prices.

C.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to

adjustment except as provided for in the conditions of contract identified in the contract data.

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C.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The

conditions of contract identified in the contract data may provide for part payment in other currencies.

C.2.11 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with instructions

issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender

offer shall initial all such alterations.

C.2.12 Alternative tender offers

C.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main

tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted

as well as a schedule that compares the requirements of the tender documents with the alternative

requirements that are proposed.

C.2.12.2 Accept that an alternative tender offer must be based only on the criteria stated in the tender

data or criteria otherwise acceptable to the employer.

C.2.12.3 An alternative tender offer must only be considered if the main tender offer is the winning

tender.

C.2.13 Submitting a tender offer

C.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint

venture to provide the whole of the works identified in the contract data and described in the scope of

works, unless stated otherwise in the tender data.

C.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either

electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.

C.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of

copies stated in the tender data, with an English translation of any documentation in a language other

than English, and the parts communicated electronically in the same format as they were issued by the

employer.

C.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data.

The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers

proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the

employer shall hold liable for the purpose of the tender offer.

C.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages

as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and

identification details stated in the tender data, as well as the tenderer's name and contact address.

C.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the

returnable documents listed in the tender data in an envelope marked “financial proposal” and place the

remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall state

on the outside the employer’s address and identification details stated in the tender data, as well as the

tenderer's name and contact address.

C.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on

the outside only the employer's address and identification details as stated in the tender data.

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C.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature

opening of the tender offer if the outer package is not sealed and marked as stated.

C.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer,

unless stated otherwise in the tender data.

C.2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely and in

the form required, may be regarded by the employer as non-responsive.

C.2.15 Closing time

C.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data

not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted

as proof of delivery.

C.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason,

the requirements of these conditions of tender apply equally to the extended deadline.

C.2.16 Tender offer validity

C.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity

period stated in the tender data after the closing time stated in the tender data.

C.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data

for an agreed additional period with or without any conditions attached to such extension.

C.2.16.3 Accept that a tender submission that has been submitted to the employer may only be

withdrawn or substituted by giving the employer’s agent written notice before the closing time for tenders

that a tender is to be withdrawn or substituted. If the validity period stated in C.2.16 lapses before the

employer evaluating tender, the contractor reserves the right to review the price based on Consumer

Price Index (CPI).

C.2.16.4 Where a tender submission is to be substituted, a tenderer must submit a substitute tender in

accordance with the requirements of C.2.13 with the packages clearly marked as “SUBSTITUTE”.

C.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during the

evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of

arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the

competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

Note: Sub-clause C.2.17 does not preclude the negotiation of the final terms of the contract with

a preferred tenderer following a competitive selection process, should the Employer elect to

do so.

C.2.18 Provide other material

C.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer,

the tenderer’s commercial position (including notarized joint venture agreements), preferencing

arrangements, or samples of materials, considered necessary by the employer for the purpose of a full

and fair risk assessment.

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Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided,

by the time for submission stated in the employer’s request, the employer may regard the tender offer

as non-responsive.

C.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

C.2.19 Inspections, tests and analysis

Provide access during working hours to premises for inspections, tests and analysis as provided for in

the tender data.

C.2.20 Submit securities, bonds and policies

If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds,

guarantees, policies and certificates of insurance required in terms of the conditions of contract identified

in the contract data.

C.2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for the employer

to issue the contract.

C.2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within twenty-eight (28) days after

the expiry of the validity period stated in the tender data.

C.2.23 Certificates

Include in the tender submission or provide the employer with any certificates as stated in the tender

data.

C.3 The employer’s undertakings

C.3.1 Respond to requests from the tenderer

C.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to

five (5) working days before the tender closing time stated in the Tender Data and notify all tenderers

who collected tender documents.

C.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering

entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify

a tenderer to submit a tender offer in terms of a previous procurement process and deny any such

request if as a consequence:

a) an individual firm, or a joint venture as a whole, or any individual member of the joint

venture fails to meet any of the collective or individual qualifying requirements;

b) the new partners to a joint venture were not prequalified in the first instance, either as

individual firms or as another joint venture; or

c) in the opinion of the Employer, acceptance of the material change would compromise

the outcome of the prequalification process.

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C.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during

the period from the date that tender documents are available until ten (10) working days before the tender

closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing

time stated in the Tender Data, the Employer may grant such extension and, shall then notify all

tenderers who collected tender documents.

C.3.3 Return late tender offers

Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is

necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.

C.3.4 Opening of tender submissions

C.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the

presence of tenderers’ agents who choose to attend at the time and place stated in the tender data.

Tender submissions for which acceptable reasons for withdrawal have been submitted will not be

opened.

C.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue

indicated in the tender data, the name of each tenderer whose tender offer is opened and, where