Western precinct maintenance (electrical) – 36-Month RFQ in gauteng

{"name":null,"email":"[email protected]","phone":"011 723 1400","department":"representatives after the approval of a","address":"CONTACT PERSON Theo Nkomo CONTACT PERSON"}

Only tenderers with a CIDB contractor grading of 4EB/4EP or higher are eligible. Bidders must be tax compliant and provide a valid SARS PIN or CSD number. They must not be under any restrictions preventing participation in ACSA's procurement. The bidder must have the legal capacity to enter into the contract and must not be insolvent, in receivership, or under business rescue. Additionally, bidders must achieve a minimum functionality score of 80 out of 100 to be considered for further evaluation.

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Bid document

Low and medium voltage infrastructure at western

Precinct building, for the period of 36 months at or tambo

International airport

Bid Reference Number: 74168

DATE OF ISSUE: 06 August 2026

Issued by

Airports Company South Africa

Or tambo 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: 74168 CLOSING DATE: 07 September 2026 CLOSING TIME: 12:00p.m

Low and medium voltage infrastructure at western precinct building, for

Description the period of 36 months at or tambo international airport.

Bid response documents may be deposited in the bid box situated at :

[email protected]

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

CONTACT PERSON Theo Nkomo CONTACT PERSON

Telephone number 011 723 1400 telephone number

Facsimile number 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 Yes No

Accredited are you a foreign based

Representative in [if yes, answer

Supplier for the goods

SOUTH AFRICA FOR Yes No 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 the LOW AND MEDIUM VOLTAGE

INFRASTRUCTURE AT WESTERN PRECINCT BUILDING for a period of 36 months at OR Tambo International

Airport

Only tenderers who are a CIDB contractor grading of 4EB/ 4EP or higher or higher as stated on the Tender

Data may submit tender offers.

Tender document availability

Tender document are available from 06 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:

Closing date for enquiries is 25 August 2026

Telegraphic, telephonic, telex, facsimile, e-mail 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.

Closing Date

The closing time for receipt of tenders is 07 September 2026 at 12h00 pm (South African Time). Tenders must

be submitted at: [email protected]

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.

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• The bidder must submit bids in Printed (1 Original and 1 Copy). Bids must be sealed in clearly

marked envelopes/package indicating which is “Original” and which is “Copy” and marked with

Tenderer’s name and contact details, Tender Reference Number and Tender Description.

• 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, e-mailed 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 .................................

Email address: ..............................................

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

N/a

C.2.8 Seek clarification

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

Closure date of 25 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.

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.

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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 Employer’s details and address for delivery of tender offers and identification details that are

to be shown on each tender offer package are:

Identification details: Bid Ref. No: 74168

Title: LOW AND MEDIUM VOLTAGE INFRASTRUCTURE AT WESTERN PRECINCT BUILDING

Closing Date: 07 September 2026

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).

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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 25 August 2026

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

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

N/a

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:

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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

(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

(a) Only tenderers who are a CIDB 4EB/ 4EP Higher contractor grading of or higher.

(b) Valid Letter of good standing (COID).

(c) Fully Completed and Signed Form of Offer

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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 80 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 Summary

Description of Quality Sub criteria

WQ *Maximum Score

criteria Quality Score

Qualifications for Key

Resource Qualification Resources

and Experience Experience for Key

Resources

Reference letters for

Company experience 30 30

company experience

Requirement and

Technical tools 30 confirmation of technical 30

tools

Total 100

Functionality evaluation breakdown

Qualifications and Experience of Key Resources (40) *Maximum Score

Electrical Test Technician (Site supervisor

The Electrical test technician must have a National

Diploma (Not National N Diploma) or higher degree

in Electrical Engineering 10

Qualifications (20) (Attach certified qualifications).

No certified qualifications = 0

Installation Electrician

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Installation Electrician must have an N4, trade test

and wireman’s license

(Attach certified qualifications).

No certified qualifications = 0

Electrical Test Technician (Site supervisor

Proof that the Electrical test technician (Site

supervisor) has 3 or more years’ experience in

Electrical Infrastructure projects for Installations,

testing, commissioning, maintenance and repairs or 10

similar projects as an Installation Electrician

(Attach CV).

Less than 3 years’ experience = 0

Resource Experience (20)

Installation Electrician

Proof that Installation Electrician has 5 or more years’

experience in Electrical Infrastructure projects for

Installations, testing, commissioning, maintenance and

repairs, electrical protection or similar projects (refer to 10

scope of work for detailed requirements).

(Attach CV).

Less than 5 years’ experience = 0

Qualifications and Experience of Key Resources (30)

The Company must provide proof of previous experience in Low and Medium

Voltage Electrical Infrastructure Installations, testing, commissioning, maintenance

and repairs performed by a contractor. The Company must provide reference letters Maximum Score

(reference letter with a client letter head) indicating previous experience/ executed

projects, references to be traceable and contactable to allow verification of the track

record provided.

Zero reference letter = 0 points

One reference letter = 10 points

30 Two reference letters = 20 points

Three reference letters = 30 points

List of Technical Tools (30)

The contractor is responsible for providing adequate and necessary machinery/ tools to

meet and complete the requirements of this scope. Successful contractors shall have a Maximum Score

minimum of the following tools (Provide proof of ownership or proof of purchasing

invoices or calibration certificates etc.).

Very Low Frequency (VFL) Cable Tester = 10 30

Cable Fault Locator/ Thumper = 10

Thermal imaging camera = 10

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Total Score 100

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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 .

80/20 or 90/10

Pt−Pmin

Ps= 80(1− ) or Ps= 90(1− Pt−Pmin )

Pmin 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 of 10 or 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 or out of 10. ACSA will not disqualify the

bidder. See below Specific goals that must be achieved for this bid:

Number of Number of

Specific Goals points points

(80/20 system) (90/10 system)

B-BBEE Status Level 1 5 5

B-BBEE Status Level 2 4.5 4.5

B-BBEE Status Level 3 4 4

B-BBEE Status Level 4 3 3

B-BBEE Status Level 5 2 2

B-BBEE Status Level 6 0.5 0.5

B-BBEE Status Level 7 0.3 0.3

B-BBEE Status Level 8 0.1 0.1

Black youth majority-owned entities 5 5

Black women majority-owned entities 5 5

Company majority owned by people with 5 5

disabilities

Non- compliant contributor 0 0

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

a)Provide original or certified copy Valid sworn Affidavit OR

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

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.

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

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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.

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

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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

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.

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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

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.

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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.

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

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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.

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

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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.

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.

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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.

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

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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 follo