Supply, installation and maintenance of pot plants at king shaka international airport – 36-Month term contract (RFQ 29620)

The scope covers the supply and maintenance of pot plants at King Shaka International Airport, including administration charges, pot and plant rentals, maintenance, and call-outs. The contract runs for 36 months.

{"name":null,"email":null,"phone":null,"department":"QUANTITY RATE AMOUNT PER ANNUAL TOTAL (x12) COMMENTS","address":null}

Returnable documents: the completed pricing schedule, including the monthly fee schedule for plant rentals, and any other forms specified in the tender pack. Bidders must ensure all sections are completed and signed. The department will not accept late submissions.

Bidders must complete the pricing schedule as provided, including the monthly fee schedule for plant rentals. They must provide rates for all items, including administration charges, pot rentals, plant rentals, maintenance, and call-outs. The contract requires compliance with OHS legislation and ACSA policies. No specific eligibility criteria such as CSD registration, B-BBEE level, or CIDB grading are stated in the document.

Supply and maintenance of pot plants at King Shaka International Airport for 36 months. The service includes:

• Administration charges: insurance, ACSA issue permits and induction costs (reimbursed at cost plus 10% markup), and OHS-related safety charges.
• Pot rentals: various types (A1-A8, B1-B4, C1-C4, D1-D4) for common areas, boardrooms, offices, and ablution facilities.
• Plant rentals: provisional, based on actual plants ordered from the approved plant fee breakdown.
• Service and maintenance: maintenance and service of both pots and plants as specified in Part C3.
• Third-party procurement provision: paid based on proven cost, with a 10% markup.
• Call-outs: for urgent requirements outside planned maintenance days.

Monthly Fee Schedule for Plant Rentals (Plant Options)

Note: Fee is inclusive of all potting and dressing costs

Note: The client will use this price schedule to select plants that will be ordered. This schedule is therefore provisional and payment will be

based on actual number of plants requested and will be reimbursed at the agreed rate per the scheule below.

No Name / Image Unit Suited to Suited to Suited to Suited to Total =

Description Type A Type B Type C Type D A + B + C + D

Pricing must be submitted in the provided schedule, including:

• Monthly rates for pot and plant rentals, with quantities specified.
• Annual totals (x12) and three-year totals.
• Escalation: 0% in year 1, 5% in years 2 and 3.
• VAT at 15% to be added.
• Third-party procurement provision of R2,500.00 per month (R30,000.00 per annum) is provisional and subject to proven cost.
• Plant rental fees are inclusive of all potting and dressing costs.

Compliance with the Occupational Health and Safety Act and other relevant legislation, regulations, and industry best practice, as well as ACSA policies and procedures. This includes preparation, submission, and approval of a safety file, maintenance of the safety file, training, staff medicals, and provision of PPE.

the occupational health and safety act, other 1.4 OHS Related Safety Charges Month 1,00 R R R

relevant legislation, regulation and industry best

practise as well ACSA policy and procedures.

file, maintenance of the safety file through the

contract period, training as required, staff

medicals, provision of PPE etc all in compliance

with requirement set out in the OHS Act

1.1 Insurance Month 1,00 R R R

service/contract

Bidders must agree to the Environmental Terms and Conditions to Commence Work (EMS 048) as a condition of the contract.

Bidders must agree to the environmental terms and conditions and acknowledge ACSA's right to impose penalties for non-compliance. The contract requires adherence to ACSA's Environmental Policy and all relevant legislation.

Maintenance Contractors

Environmental Terms and Conditions to Commence Work

No specific requirements found

Contractors must comply with noise regulations, separate waste into general and hazardous, dispose of waste at permitted sites, keep a tidy work area, maintain monthly waste reports, and follow hazardous chemical substance handling and storage procedures including MSDS and spill reporting.

Contractors must prevent contamination of stormwater, soil, and groundwater. Any pollution must be cleaned up immediately. Contractors must keep on file: waste company name, disposal site, monthly quantity reports, waste manifests, and a copy of the waste disposal permit. Hazardous chemical substances must be labelled, stored with MSDS, and spills reported to ACSA. Water and energy conservation is required. All staff must be trained on these conditions.

Supply and maintenance of decorative pot plants across four areas of King Shaka International Airport: terminal common areas (50 pots), boardroom (15 pots), offices (20 pots), and ablutions (15 pots). Each area has specific pot types with defined materials, finishes, dimensions, and quantities. Contract period is 36 months.

No eligibility criteria specified

Supply and maintenance of decorative pot plants at King Shaka International Airport.

Period: 36 months.

Quantities by area:

• Terminal Common Areas: 50 pots, types A1–A8 (fibreglass, painted, mosaic, steel, plastic), heights 1060–1200mm, widths 360–700mm.
• Boardroom: 15 pots, types B1–B4 (fibreglass, beaded, retro), heights 120–860mm, widths 200–420mm.
• Offices: 20 pots, types C1–C4 (fibreglass, plastic, with liner), heights 475–1000mm, widths 450–600mm.
• Ablutions: 15 pots, types D1–D4 (steel, carbon steel, polyresin, fibreglass), heights 350–1000mm, widths 300–500mm.

All pots specified with material, finish, dimensions, and quantity per type.

Closing: 11 September 2026 at 16:00. Clarification deadline: 4 September 2026 at 16:00. No compulsory briefing or site visit.

Technical enquiries: Mlungisi Mgobhozi, SCM Official, Tel: 032 436 6198, Email: [email protected]. Bidding procedure enquiries: N/A. Submission email: [email protected].

Submit by email to [email protected]. Break the submission into at least four attachments of 4 MB each. No other format is acceptable. Late bids are not accepted. Bids must be on the official forms; changes to the bid document lead to disqualification. Returnable forms (all mandatory unless noted): SBD 3.3 (Priced offer), Declaration of Interest and Politically Exposed Persons Form, SBD 4 (Bidder's Disclosure Form), SBD 6.1 (Preference Points Claim Form), Confidentiality and Non-Disclosure Agreement, BEE Certificate or BBBEE QSE/EME Affidavit, verifiable medical certificate for disability preference claims, SARS Tax PIN, Certificate of Incorporation showing ownership split, CSD Report, VAT Questionnaire, ACSA Terms and Conditions, valid COIDA or FEMA letter of good standing. Other documents may be requested later. All submitted information must remain valid for the contract duration; update ACSA immediately on any change.

Mandatory returnable documents (non-submission leads to disqualification):

• SBD 3.3: Priced offer
• Declaration of Interest Form and Politically Exposed Persons Form
• SBD 4: Bidder’s Disclosure Form
• SBD 6.1: Preference Points Claim Form
• Confidentiality and Non-Disclosure Agreement
• BEE Certificate and Scorecard or BBBEE QSE/EME Affidavit
• Verifiable medical certificate/report as proof of disability (for preference claims)
• Tax PIN number (ACSA may not award if tax affairs not in order)
• Certificate of Incorporation of bidding entity showing ownership split
• Central Supplier Database Report (CSD)
• VAT Questionnaire
• ACSA Terms and Conditions
• Valid letter of Good Standing in terms of COIDA or FEMA

Other returnable documents (required but not mandatory initially; may be requested later).

Validity: All submitted conditions/documents/information must remain valid for the duration of the contract; updated documents must be provided upon expiry or change.

Two-stage evaluation. Stage 1 – Functionality/Technical (minimum 55 out of 100 points to proceed):

• Previous Experience (50 points): completed service contracts of 1 year or more and value R150,000 or more in indoor pot plants, ornamental horticulture, horticulture, indoor plant care, indoor landscaping, or facilities/soft services involving plant maintenance. Points: <2 contracts = 0; 2-3 contracts = 30; 4+ contracts = 50. Proof: client reference letters or completion certificates.
• Key Team Members (50 points):
• Plant Services Technician: minimum 1 year experience in the same field (3 points per year up to 5 years, max 15). Qualification in plant care/landscaping/horticulture at NQF 2 or higher: 10 points.
• Contract Manager: minimum 2 years experience as supervisor/contract manager in the same field (3 points per year up to 5 years, max 15). Qualification in plant care/landscaping/horticulture at NQF 4 or higher: 10 points.

Stage 2 – Price and Preference (80/20 system): Price 80 points, Specific Goals 20 points. B-BBEE status level points: Level 1 = 5, Level 2 = 4.5, Level 3 = 4, Level 4 = 3, Level 5 = 2, Level 6 = 0.5, Level 7 = 0.3, Level 8 = 0.1. Black youth majority-owned = 5, Black women majority-owned = 5, majority-owned by people with disabilities = 5, non-compliant = 0.

Supply and maintenance of pot plants at King Shaka International Airport for 36 months. Detailed scope is in an attached contract (not provided in the extracted text).

Bidder experience: minimum 2 completed service contracts of 1 year or more and value R150,000 or more in indoor pot plants, ornamental horticulture, horticulture, indoor plant care, indoor landscaping, or facilities/soft services involving plant maintenance. Key personnel: Plant Services Technician with minimum 1 year experience and NQF 2 qualification in plant care/landscaping/horticulture; Contract Manager with minimum 2 years experience and NQF 4 qualification in the same field.

Pricing must be on the prescribed schedule (Annex A). Failure to use the schedule disqualifies the bid. Disbursements reimbursed at actual cost on proof (certified invoices). Prices must remain firm for a validity period of 120 business/working days.

Tax compliance: submit SARS TCS PIN or CSD number. Bidders on the Register for Tender Defaulters or List of Restricted Suppliers are disqualified. COIDA or FEMA letter of good standing required. Bidders may be subject to security vetting as ACSA is a National Key Point. B-BBEE: submit BEE Certificate or BBBEE QSE/EME Affidavit to claim preference points. Certificate of Incorporation showing ownership split required. CSD Report required. VAT Questionnaire required.

B-BBEE status level points under 80/20 system: Level 1 = 5, Level 2 = 4.5, Level 3 = 4, Level 4 = 3, Level 5 = 2, Level 6 = 0.5, Level 7 = 0.3, Level 8 = 0.1. Additional specific goals: Black youth majority-owned = 5 points, Black women majority-owned = 5 points, majority-owned by people with disabilities = 5 points. Non-compliant = 0 points.

Bidders must produce a valid letter of good standing in terms of COIDA or FEMA.

Contract duration: 36 months. Validity period of bid: 120 business/working days. Prices must remain firm during validity. ACSA may award whole or part, split the award, negotiate with shortlisted bidders, award to a non-highest scorer on objective criteria, reject the lowest acceptable bid, or cancel the bid. Bidders must not alter the bid document. Bidders may be subject to security vetting. A confidentiality and non-disclosure agreement must be signed and returned with the bid.

Fully completed and priced offer required. Valid COIDA or FEMA letter of good standing. Bidders may be subject to security vetting. All submitted information must remain valid for the contract duration.

Functionality/Technical criteria (minimum 55 out of 100 points to proceed): Previous Experience (50 points) and Key Team Members (50 points) as detailed in evaluationCriteria.

Pots

• Pot options and specifications have been annexed to this tender document titled ‘Pot Options

KSIA’. The options are provided as a guide to bidders to align on the type of pots required.

Any reference to trade or brand names are purely for illustrative purposes and alternatives

that are equal to or superior may be substituted, subject to approval by the client.

• The client will in coordination with and with the expert advice of the appointed contractor

develop the pots deployment plan for the site. This will include but is not limited to optimising

the pot locations to suit the plant types and to improve overall ambiance of the facility. This

may include increasing quantities of certain pot types while decreasing other pot types.

• The client reserves the option to increase or decrease the number of Pots on site at any

time and such increase or decrease shall result in an increase in prices for an increase

in the number of Pots and a decrease in prices if the total number of pots decreases.

Any additional Pots will be provided at the contracted rates.

• Type & Finish: Durable, aesthetically pleasing pots aligned to the provided specifications.
• Sizes: A range suitable for boardrooms, common areas, offices, and ablutions (exact

diameters/heights to be proposed and accepted all aligned to the provided specifications).

• Features:

▪ Self-watering liners/systems (no external drainage; zero leaks onto floors/carpets).

▪ Top dressing (bark chips or stones) to protect soil and present a neat finish.

• Mobility: Pots must be movable to support rotation and re-positioning requirements.
• Ownership: Pots are supplied on a rental/lease basis for the contract duration.

Plants

• Plant options are included in the price schedule and tabled under the section ‘Plant Options’.

Bidders will be required to provide monthly rates for each of the plant types specified for each

of the categories specified. The total sum of all rates will be carried into the monthly price

schedule.

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

• Bidders are to note that rental fees for plants are based on a monthly rate and such monthly

rates must cover all anticipated costs which includes but are not limited to plant life span,

seasonal changes, replacement costs etc.

• The client will in coordination with and with the expert advice of the appointed contractor select

preferred plants from the agreed price schedule.

• Bidders to note that the client anticipates selecting a maximum of 100 plants to suit the 100

pots being provided. Therefore the contractor will only be paid for 100 of the 148 plant options

provided on the rates schedule.

• The client reserves the option to increase or decrease the number of Plants on site at any

time and such increase or decrease shall result in an increase in prices for an increase in the

number of Plants and a decrease in prices if the total number of plants decreases. Any

additional Plants will be provided at the contracted rates.

• Species: Low-maintenance indoor plants suitable for airport lighting, temperature, and

humidity

• Quality: Mature, disease-free stock with uniform presentation and visual appeal.
• Health & Safety: Non-toxic, environmentally friendly species for public/office use.
• Sampling/Mock-ups: Supplier to provide samples of proposed pot and plant types for ACSA

acceptance prior to deployment.

Installation

• Deployment Plan: Contractor to submit a placement plan per area (boardrooms, common

areas, offices, ablutions), including quantities, sizes, and species mix for Service Manager

acceptance.

• Positioning: Pots shall not impede circulation routes or operations; final positions are subject

to ACSA approval.

• Labels & Records: Each pot plant is labelled (unique ID) with species, maintenance schedule,

and location for CMMS/work order linking.

Maintenance Activities (Weekly)

The appointed service provider will be required to perform the following activities:

• Watering: Monitor and fill per species needs; maintain self watering systems.
• Cleaning: Plant leaf dusting/polishing and removal of dead/damaged foliage.
• Cleaning: External cleaning of pots and immediate surrounding area.
• Pruning & Shaping: Maintain form and health.
• Soil Care: Top up/replace potting mix as required; maintain pH and structure.
• Fertilising: Apply appropriate nutrients (monthly/quarterly as species and season dictate).
• Pest & Disease Control: Monitor, treat promptly using registered, safe products and prevent

secondary poisoning.

• Weed Removal: Keep soil surface clean and weed free.
• Lighting & Environment: Verify suitability and recommend adjustments to avoid plant stress.
• Rotation: Rotate plants monthly to ensure even exposure and growth.
• Records: Complete Maintenance Record Sheets for every visit; store for contract duration;

provide monthly copies by the 5th day of each month.

• Replacement of any plants that are considered to be below acceptable standards

Replacement Guarantee: Any dead, dying, or substandard plant must be removed and replaced

within 7 days at no additional cost to ACSA. Damaged pots must be repaired or replaced as

maybe required within 7 days at no additional cost.

The service provider is to formulate a service maintenance schedule for all the provided Pots and Plants

for ACSA approval and will ensure that the approved schedule is adhered to on a weekly and on ADHOC

basis as maybe needed.

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

Maintenance record sheets

When maintenance is performed record sheets must be completed and signed off.

These record sheets must be stored for the duration of the contract and should be available for

inspection at any time.

All record sheets, job cards, history reports etc. will stay the property of ACSA and should be available

on request. At the end of the contract period a complete set of documentation must be handed over to

Acsa.

The contractor shall further provide copies of these record sheets to ACSA contract manager by the fifth

day of every month. No money will be paid out if record sheets are not handed in.

The contractor shall be obliged to supply all labour, site transport, material/products and service

equipment plus any other equipment required at their own cost for the proper provision of the service at

King Shaka International Airport.

Adhoc floral arrangements

• On-Demand Delivery: Provide high-quality floral arrangements on an "as-needed" basis.

• Occasion-Specific Designs: Tailor arrangements for varied events as needed by the client.

• Turnaround Time: Delivery within 48 hours from request

• Containers: Provision of appropriate vessels such as glass vases, ceramic pots, or baskets, etc.

• Freshness & Longevity: Flowers must be fresh, with a minimum lifespan of 4–5 days after delivery.

• Design Principles: All arrangements should follow standard floristry principles:

o Proportion: Height should typically be 1.5 to 2 times the height of the container.

o Balance: Must be visually stable and physically balanced to prevent tipping.

o Focal Point: Include a clear dominant flower or area to draw immediate attention.

• Procurement: Floral arrangements will be procured through 3rd Party procurement, the contractor

shall provider the client with options that suite the clients requirements and such options shall

include a quotation from the florist / source. The contractor will be reimbursed at net cost plus the

agreed mark up as specified in the price schedule.

Location of the Works:

The Works is located at King Shaka International Airport at various locations which include restricted and access-

controlled areas.

It is crucial for the service provider to note that King Shaka International Airport is a National Key Point and governed

as such.

Leased Property / Retail Areas

Not applicable.

Compliance & Certification:

The service provider must ensure that they self-certify their work per the agreed service level agreement and/or per

regulation / legislation / industry best practise.

Management of Works by ACSA-KSIA

Particular / Generic Specifications

All work shall conform to all relevant SANS standards, OHS ACT and National Building regulations and all other

regulation and legislation that is relevant to this Contract or the execution thereof.

In addition, all work shall be carried out in accordance with prevailing industry norms and best practice.

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

Planning and Programming:

Planned Work Scheduled:

All work shall be scheduled, and a schedule presented to the relevant ACSA Representative. Work shall be

scheduled in a manner as not to interfere with any airport operations.

The service provider may not utilize scheduled staff for any other work than those as specifically described in this

Contract. This implies that staff dedicated to this contract will not be used for any other contracts or projects the

service provider might have from time to time.

Quality Control and Workmanship

The service provider must execute all work according to industry quality norms and standards prevailing from time

to time. Emphasis must be on ensuring that pots and plants provided must be available at all times per prevailing

SLA.

Vehicle

The vehicles to be used must not be more than 8 years old throughout the service. The following are operational

requirements that shall be met prior to a vehicle permit being issued:

Requirements for Operational Vehicles and Equipment

The following are operational requirements that shall be met prior to a permit been issued:

• Usage

These procedures apply to all vehicles and equipment operating airside of the site

• Operational Vehicles and Equipment

In instances where in the required documentary evidence of the vehicles, age cannot be provided, the

Apron Operations Permit shall not be issued.

• Any vehicle or moveable equipment accessing or entering airside is considered an operational facility

and is required to have the appropriate signage and strobe light prior to obtaining access.

• Permission to utilize these vehicles shall be obtained from the authorised signatory at each site.
• Ensure that the lifespan of equipment and vehicles does not exceed the following limits:

o Light commercial passenger vehicles (up to twelve (12) passengers) – maximum age eight (8)

years;

• Strobe Light

o A permanent medium size amber strobe light of a low intensity shall be fitted to the roof or other

elevated /part of the vehicle or item of equipment.

o The amber strobe light shall be visible from all angles.

o The amber strobe light shall be serviceable and operated at the time of entering the access

security point onto airside.

o In the event that a Safety Compliance/ARFFS Officer identifies that the strobe light is not

serviceable, the driver/operator shall be requested to remove the vehicle/equipment immediately

and have it repaired within one (1) hour of notification.

• Signage

All vehicles and equipment including dollies and baggage wagons shall be registered and recorded at the

Permit Office of each site;

o The vehicle/equipment shall display signage which includes both prefix and a company logo;

o The registration number of the vehicle/equipment shall not be used as a prefix;

o The prefix shall be displayed in arial bold font, black or dark blue in colour and 200 mm in height;

o Where the prefix is not clearly visible on dark coloured vehicles and equipment, the prefix shall

be displayed in white;

o The company logo need not conform to the above standard, as each company has their specific

logo;

o The company’s prefix shall be clearly visible and have a minimum of two (2) alphanumerical and

two (2) numerical characteristics e.g. SP 01, BD 02 etc.;

o The prefix shall be displayed visibly on the front two (2) doors and the roof of the

vehicle/equipment;

o It is recommended that the prefix and logo be situated next to one another on the doors but this

shall be separated;

o Signage shall be affixed permanently on all vehicles/equipment whether used permanently or as

a contracting vehicle/equipment. And

o Where the vehicle/equipment is being escorted, this shall not be required.

Note: ACSA will reimburse the service provider for ACSA issue permits, this includes initial issue at start of contract

and subsequent renewals at expiry per prevailing ACSA policy and procedure.

of 55

Closing date: 11 September 2026 at 16:00.

No mandatory briefing or site visit stated in the document.

Contract start date: TBC (to be confirmed).

Service period: up to 36 months from starting date or until the offered amount is depleted, whichever occurs first.

Contractor must provide Contractor’s Plan within 14 calendar days of Contract Date.

Price adjustment for inflation on contract anniversary, capped at CPI.

Monthly maintenance record sheets due by the 5th day of each month.

Employer: Airports Company South Africa SOC Limited, King Shaka International Airport, La Mercy Drive.

Service Manager: TBC (to be confirmed).

Adjudicator panel (for disputes): Adv. Ghandi Badela (Gauteng, +27 11 282 3700, [email protected]), Mr. Errol Tate Pr. Eng. (Durban, +27 11 262 4001, [email protected]), Adv. Saleem Ebrahim (Gauteng, +27 11 535-1800, [email protected]), Mr. Sebe Msutwana Pr. Eng. (Gauteng, +27 11 442 8555, [email protected]), Mr. Sam Amod (Gauteng, [email protected]), Adv. Sias Ryneke SC (Gauteng, 083 653 2281, [email protected]), Mr. Emeka Ogbugo (Pretoria, +27 12 349 2027, [email protected]).

Arbitrator panel: same individuals as adjudicator panel.

No dedicated SCM or technical enquiry contacts are provided in the document.

Submission method and address are not stated in the document. The Form of Offer and Acceptance (C1.1) must be completed, signed and returned as the offer cover page. Returnable documents required with the quotation:

• Form of Offer and Acceptance (C1.1) – signed offer including total price exclusive and inclusive of VAT.
• Contract Data Part Two (C1.2b) – contractor’s details, key personnel CVs, risk register entries.
• Pricing Schedule (Part C2) – completed monthly rates for pots, plants and floral arrangement markup.
• Occupational Health and Safety Agreement (C1.3) – signed agreement.
• ACSA Insurance Clauses (C1.4) – signed acceptance.
• Valid B-BBEE Certificate and Tax Clearance Certificate (annual renewal required post-award).
• Proof of CSD registration.
• Police clearance certificates for all personnel before permits are issued.
• Company vehicles not older than 8 years with company signage (200 mm Arial bold) and permanent amber strobe light visible from all angles.

Disqualification risks:

• Any returnable form left unsigned or omitted.
• Quotations received after the closing time.
• Failure to provide monthly maintenance record sheets by the 5th day of each month (payment conditional).

The document does not specify a formal evaluation split (e.g. 80/20 or 90/10) or minimum functionality score. Minimum qualifying requirements:

• Valid Tax Clearance Certificate (SARS TCS).
• Valid B-BBEE Certificate (annual presentation required post-award; failure is a material breach).
• CSD registration.
• Compliance with Occupational Health and Safety Act and Construction Regulations.
• Police clearance for all personnel before permits are issued.
• Key personnel (Manager/Horticulturalist and Plant Technician) with CVs appended to tender schedule.
• Acceptance of NEC3 Term Service Contract terms including Options A, W1, X1, X2, X17, X18, X19, X20 and Z clauses.
• Ability to meet minimum staffing (1 Manager/Horticulturalist, 1 Plant Technician weekly) and service levels.
• Vehicles not older than 8 years with required signage and strobe light.

Low Service Damages apply for failure to meet service levels (R1 000–R2 500 per instance as per table).

Scope: Supply, installation, weekly maintenance, and lifecycle management of pot plants and matching pots at King Shaka International Airport for 36 months.

Pots:

• Supplied on rental/lease basis for contract duration.
• Durable, aesthetically pleasing, with self-watering liners (no external drainage, zero leaks).
• Top dressing (bark chips or stones) required.
• Movable to support rotation and repositioning.
• Sizes suitable for boardrooms, common areas, offices, ablutions (exact diameters/heights to be proposed and accepted).
• Client may increase or decrease quantities at contracted rates; deployment plan developed with ACSA.
• Pot options annexed as ‘Pot Options KSIA’; brand names illustrative, equal or superior alternatives allowed subject to approval.

Plants:

• Monthly rates for each of 148 plant types in price schedule; client anticipates selecting up to 100 plants for 100 pots.
• Rates must cover lifespan, seasonal changes, replacement costs.
• Species: low-maintenance, non-toxic, suitable for airport lighting, temperature, humidity.
• Quality: mature, disease-free, uniform presentation.
• Samples required for ACSA acceptance before deployment.
• Client may increase or decrease quantities at contracted rates.

Installation:

• Submit placement plan per area (boardrooms, common areas, offices, ablutions) for Service Manager acceptance.
• Pots must not impede circulation or operations.
• Each pot labelled with unique ID, species, maintenance schedule, location for CMMS linking.

Maintenance (weekly, after airport operational hours 04:00–23:00, between 23:00 and 04:00):

• Watering, cleaning (leaf dusting/polishing, dead foliage removal, pot exterior), pruning, soil care, fertilising (monthly/quarterly), pest/disease control (registered safe products), weed removal, lighting/environment check, rotation.
• Complete Maintenance Record Sheets every visit; submit monthly copies by 5th day – payment conditional.
• Replacement guarantee: dead/dying plants replaced within 7 days at no cost; damaged pots repaired/replaced within 7 days.

Ad hoc floral arrangements:

• On-demand delivery within 48 hours.
• Minimum vase life 4–5 days.
• Design principles: proportion (height 1.5–2× container), balance, focal point.
• Containers: glass vases, ceramic pots, baskets.
• Procured via third party; contractor reimbursed at net cost plus agreed markup from price schedule.

Minimum staffing:

• 1 Manager/Horticulturalist (normal hours, monthly inspection and meeting).
• 1 Plant Technician per week (after hours, minimum 1 weekly visit).
• Resources available for urgent call-outs.

Vehicles:

• Not older than 8 years throughout contract.
• Company prefix (200 mm Arial bold) and logo displayed.
• Permanent amber strobe light visible from all angles, serviceable at airside entry.
• Airside access requires permits; police clearance mandatory before permit issue.

Records: All record sheets, job cards, history reports remain ACSA property; handover at contract end.

Compliance: All work to relevant SANS standards, OHS Act, National Building Regulations, industry best practice.

Planning: Work scheduled not to interfere with airport operations; dedicated staff not used for other contracts.

Location: King Shaka International Airport, various restricted and access-controlled areas; National Key Point.

The contractor must submit a placement plan per area, including quantities, sizes, and species mix, for Service Manager acceptance. The contractor must also ensure that pots and plants are available at all times.

30.1 The starting date is TBC

30.2 The Service Period is Up to Thirty-six (36) months from the starting date or

when the amount in the form of offer has depleted,

whichever occurs first.

4 Testing and Defects Detailed in Part C3 (Service Information) and under

section 2 of the tender document

matters as they arise.

The manager / Horticulturalist shall conduct 1 x site inspection and audit per month

inspection at any time.

Contents: No of pages

Part C1 Agreements & Contract Data TBC

Part C2 Pricing Data TBC

Part C3 Employer Service Information TBC

Part C4 Site Information TBC

of 55

consideration thereof, the employer shall pay the contractor the amount due in accordance with the conditions of

contract identified in the contract data or the Pricing Data. Acceptance of the contractor’s offer shall form an

agreement between the employer and the contractor upon the terms and conditions contained in this agreement and

in the contract that is the subject of this agreement.

Part C1: Agreements and contract data, (which includes this Form of Offer and Acceptance)

Part C2: Pricing data

Part C3: Service information

Part C4: Site information

Z11.5 The Contractor ensures that all his Subcontractors abide by the undertakings in this clause.

Z12 Employer’s Step-in rights

Z12.1 If the Contractor defaults by failing to comply with his obligations and fails to remedy such default within 2

weeks of the notification of the default by the Service Manager, the Employer, without prejudice to his other

rights, powers and remedies under the contract, may remedy the default either himself or procure a third party

(including any subcontractor or supplier of the Contractor) to do so on his behalf. The reasonable costs of

such remedial works shall be borne by the Contractor

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 Service Manager to achieve

this end.

Z13 Liens and Encumbrances

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

encumbrances. 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

Part c2: pricing data

C2.1 Pricing Assumptions

C2.2 The Price List

In contract, the works to be done will be instructed via a Task Order (X19) by the Service Manager or their delegated

representative.

The work specification of what the activities entail is outlined in detail under Part C3 and under section 2 of the tender

document. All rates shall include labour, plant and machinery costs and all related and incidental costs to fully execute the

work / activity.

• Plant options are included in the price schedule and tabled under the section ‘Plant Options’.

of the categories specified. The total sum of all rates will be carried into the monthly price

schedule.

of 55

• On-Demand Delivery: Provide high-quality floral arrangements on an "as-needed" basis.

• Occasion-Specific Designs: Tailor arrangements for varied events as needed by the client.

• Turnaround Time: Delivery within 48 hours from request

• Containers: Provision of appropriate vessels such as glass vases, ceramic pots, or baskets, etc.

• Freshness & Longevity: Flowers must be fresh, with a minimum lifespan of 4–5 days after delivery.

• Design Principles: All arrangements should follow standard floristry principles:

o Proportion: Height should typically be 1.5 to 2 times the height of the container.

o Balance: Must be visually stable and physically balanced to prevent tipping.

o Focal Point: Include a clear dominant flower or area to draw immediate attention.

• Procurement: Floral arrangements will be procured through 3rd Party procurement, the contractor

shall provider the client with options that suite the clients requirements and such options shall

include a quotation from the florist / source. The contractor will be reimbursed at net cost plus the

agreed mark up as specified in the price schedule.

Pricing format:

• Monthly rates for pot and plant rental as per Activity Schedule (price list).
• All rates inclusive of labour, plant, machinery and incidental costs.
• Ad hoc floral arrangements: net cost plus agreed markup.
• Permits and induction paid at proven cost.
• Total offered price (excl. VAT) stated in Form of Offer.

Payment terms:

• Assessment interval every 4 weeks (monthly).
• Payment within 30 days from invoice date.
• Interest on late payment at Nedbank prime lending rate.

Price adjustment:

• Inflation adjustment on contract anniversary only, capped at CPI.

Quantities may vary per Task Order (X19); contractor prices per unit.

No bond or guarantee amount mentioned in the document.

Insurance: minimum cover amounts and limits of indemnity referred to Part C1.4 (ACSA Insurance Clauses).

B-bbee:

• Annual compliant B-BBEE Certificate required; failure is material breach (Z17.1).

Tax:

• Annual valid Tax Clearance Certificate required (Z17.1).

Csd:

• Registration implied (standard ACSA requirement).

OHS:

• Compliance with Occupational Health and Safety Act and Construction Regulations (Z19.1).
• Health and Safety audited continuously.
• Occupational Health and Safety Agreement (C1.3) to be signed.

Personnel:

• Police clearance required before permit issue; no permit for persons not in good standing.
• Key personnel CVs (Manager/Horticulturalist, Plant Technician) to be appended to tender schedule.
• Staff dedicated to this contract; not used for other projects.

Vehicles:

• Maximum age 8 years; must have strobe light and signage.

Insurance:

• ACSA Insurance Clauses (C1.4) to be accepted; minimum cover amounts per Part C1.4.

Ethics:

• No corrupt practices; compliance with Prevention and Combating of Corrupt Activities Act (Z10).

Confidentiality:

• All contract information confidential; prior written consent required for disclosure (Z11).

Joint venture/consortium:

• Joint and several liability (Z9.1); notify key authorised person within 1 week of Contract Date (Z9.2); no material composition change without Employer consent (Z9.3).

Cession/assignment:

• Contractor may not cede, delegate or assign without Employer written consent (Z8.1); Employer may cede and delegate (Z8.2).

Local content: Not specified.

estoppel unless the Parties agree otherwise and confirm such agreement in writing.

Z2 Providing the Service:

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

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

Z18.2 The Service Manager requires the written consent of the Employer if an action will result in the Completion

Date being extended by more than 30 days.

Z19 Delegation

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

Z19.1 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.

of 55

11.2 The working areas are See C4 ‘Site Information’

24.1 The Contractor’s Key people are: CV’s to be appended to Tender Schedule

Name:

Job:

Part c1: agreements and contract data

C1.3: Occupational health and safety agreement

It shall be the Contractor’s responsibility to ensure that all relevant labour and safety legislation is adhered to

in rostering staff.

1 Faults / Failures 100% of all calls must be completed in 7 Low service damages of

calendar days. Special arrangements will be R1000 following 3

made for items justified as requiring a longer consecutive instances of

lead time where such faults or failures does not failure to close calls

impact safety or operations. Safety and within 7 calendar days

operational impact will be determined by the

client on a case by case basis

2 Faults / Failures (Urgent) Faults and failures that adversely impact safety Low service damages of

or operations as determined by the client will be R1000 following failure

regarded as urgent and the safety or to mitigate the safety or

operational risk must be mitigated within 3 operation risk for each

hours of a call being raised instance

3 Planned Maintenance 100% of planned maintenance works must be Low service damages of

executed per schedule R2500 following failure

to conduct planned

weekly maintenance as

specified

4 Pots and Plants To be maintained at 100% availability at all Low Service Damages

times of R2500 following 2

of 55

• The schedule is formulated to be assessed on activities completed per month. However, work shall only be done

with instruction via a Task Order. This may result in the quantity / frequency being amended to a quantity /

frequency lower or higher than indicated in the schedule, as per the business need.

• Health and Safety will be audited on a continuous basis. The Contractor shall comply with the Occupational

• Elevate aesthetic appeal and brand impression across public and office areas.

• Improve air quality and comfort through resilient, low maintenance species.

• Maintain consistently healthy, clean, and safely positioned plants and pots.

• Deliver a seamless, auditable service that meets ACSA requirements.

• Bidders are to note that rental fees for plants are based on a monthly rate and such monthly

rates must cover all anticipated costs which includes but are not limited to plant life span,

seasonal changes, replacement costs etc.

• The client will in coordination with and with the expert advice of the appointed contractor select

preferred plants from the agreed price schedule.

• Bidders to note that the client anticipates selecting a maximum of 100 plants to suit the 100

pots being provided. Therefore the contractor will only be paid for 100 of the 148 plant options

provided on the rates schedule.

• The client reserves the option to increase or decrease the number of Plants on site at any

time and such increase or decrease shall result in an increase in prices for an increase in the

number of Plants and a decrease in prices if the total number of plants decreases. Any

additional Plants will be provided at the contracted rates.

• Species: Low-maintenance indoor plants suitable for airport lighting, temperature, and

humidity

• Quality: Mature, disease-free stock with uniform presentation and visual appeal.
• Health & Safety: Non-toxic, environmentally friendly species for public/office use.
• Sampling/Mock-ups: Supplier to provide samples of proposed pot and plant types for ACSA

acceptance prior to deployment.

day of every month. No money will be paid out if record sheets are not handed in.

• Any vehicle or moveable equipment accessing or entering airside is considered an operational facility

and is required to have the appropriate signage and strobe light prior to obtaining access.

• Permission to utilize these vehicles shall be obtained from the authorised signatory at each site.
• Ensure that the lifespan of equipment and vehicles does not exceed the following limits:

o Light commercial passenger vehicles (up to twelve (12) passengers) – maximum age eight (8)

years;

• Strobe Light

o A permanent medium size amber strobe light of a low intensity shall be fitted to the roof or other

elevated /part of the vehicle or item of equipment.

o The amber strobe light shall be visible from all angles.

o The amber strobe light shall be serviceable and operated at the time of entering the access

security point onto airside.

o In the event that a Safety Compliance/ARFFS Officer identifies that the strobe light is not

serviceable, the driver/operator shall be requested to remove the vehicle/equipment immediately

and have it repaired within one (1) hour of notification.

• Signage

4.3.1 Specifications ............................................................................................................................. 40

4.3.2 Correction of defects .................................................................................................................. 40

4.3.3 Contractor’s procurement of Plant and Materials ...................................................................... 41

4.3.4 Tests and inspections before delivery ....................................................................................... 41

4.3.5 Plant & Materials provided “free issue” by the Employer ........................................................... 41

5 Working on the Affected Property....................................................................................................... 41

5.1 Employer’s site entry and security control, permits, and site regulations ......................................... 42

5.2 People restrictions, hours of work, conduct and records .................................................................. 42

5.3 Health and safety facilities on the Affected Property ........................................................................ 43

5.4 Environmental controls, fauna & flora ............................................................................................... 43

5.5 Cooperating with and obtaining acceptance of Others ..................................................................... 43

5.6 Records of Contractor’s Equipment .................................................................................................. 43

5.7 Equipment provided by the Employer ............................................................................................... 43

5.8 Site services and facilities ................................................................................................................. 43

5.8.1 Provided by the Employer .......................................................................................................... 43

5.8.2 Provided by the Contractor ........................................................................................................ 43

5.9 Control of noise, dust, water and waste ............................................................................................ 43

5.10 Hook ups to existing works ............................................................................................................ 43

5.11 Tests and inspections .................................................................................................................... 43

5.11.1 Description of tests and inspections .......................................................................................... 44

5.11.2 Materials facilities and samples for tests and inspections ......................................................... 44

6 List of drawings..................................................................................................................................... 44

6.1 Drawings issued by the Employer ..................................................................................................... 44

of 55

The Party wishing to terminate initiates procedure by

notifying the Service manager and giving his or her

reasons. If the Service manager is satisfied that the

Party giving the notice has provided reasons which are

valid under the contract, the service manager issues a

termination certificate.

10 Data for main Option clause

A Priced contract with price list Refer to Part C2

11 Data for Option W1

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

of adjudicators contained below

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

Council

W1.4 The tribunal is Arbitration

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

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 be held is Johannesburg, South Africa.

W1.4 The person or organization who will choose an The Arbitrator is the person selected by the Parties as

arbitrator and 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.

12 Data for secondary Option

X1 Price Adjustment for inflation Price adjustment for inflation shall only take place on

contract anniversary.

Price adjustment for inflation will be limited to a

maximum of consumer price inflation (CPI) as at the

anniversary date of the contract.

X2 Changes in the law No data is required for this secondary option.

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

X17 Low Service Damages If the Contractor produces substandard work the

employer can:

Insist the contractor corrects the Defects, to provide the

quality specified in the service information.

Recover the cost of having it corrected by other people

if the contractor fails to correct the Defect within the

specified time or

Accept the Defect and a quotation from the Contractor

for reduced Prices in for a change to the service

information

Refer to the Low Service Damages Table.

X18 Limitation of liability

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

indirect or consequential loss is limited to consequential or indirect loss, including but not limited

to loss of profit, loss of income or loss of revenue

For any one event, the Contractor’s liability to Total of the losses incurred and/or repairs to the X18.2

the Employer for loss of or damage to the damages caused

Employer’s property is limited to

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

damages caused

Employer for defects due to his design

which are not listed on the Defects Certificate

is limited to

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

for all matters arising under or in connection all matters arising under or in connection with this

with this contract, other than excluded matters, contract, other than the excluded matters, is limited to

is limited to the total of the Prices and applies in contract, tort or

delict and otherwise to the extent allowed under the law

of the contract.

The excluded matters are amounts payable by the

Contractor as stated in this contract for:

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

risks

• death of or injury to a person;
• infringement of an intellectual property right

X19 Task Order The task order is work within the Service which the

Service Manager may instruct the Contractor to carry out

within a stated period of time

X20 Key Performance Indicators

X20.1 The incentive schedule for Key Performance Refer to part C3 and section 2 of the tender document

Indicators is in

X20.2 A report of performance against each Key Refer to part C3 and section 2 of the tender document

Performance Indicator is provided at intervals

of

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

Z The Additional conditions of Z1 – Z19

contract are

Amendments to the Core Clauses

Z1 Interpretation of the law

Z1.1 Add to core clause 12.3:

Any extension, concession, waiver or relaxation of any action stated in this contract by the Parties, the Service

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 Service:

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

The Contractor provides the Service in accordance with the Service Information and warrants that the results

of the Service, when complete, shall be fit for their intended purpose.

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 rescue

proceedings”.

Amendment to the Secondary Option Clauses

Z7 Limitation of liability:

Insert the following new clause as Option X18.6:

Z7.1 The Employer's liability to the Contractor for the Contractor's indirect or consequential loss is 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 Contractor shall be excluded

from the calculation of the limitations of liability listed in the contract

Additional Z Clauses

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

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

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 Service Manager and the Employer of the

key person who has the authority to bind the Contractor on their behalf.

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 Service Manager or the Employer, which

consent shall not be unreasonably withheld.

Z11.2 If the Contractor is uncertain about whether any such information is confidential, it is to be regarded as such

until otherwise notified by the Service Manager.

Z11.3 This undertaking shall not apply to –

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

Z11.3.1 Information disclosed to the employees of the Contractor for the purposes of the implementation of this

agreement. The Contractor undertakes to procure that its employees are aware of the confidential nature of

the information so disclosed and that they comply with the provisions of this clause;

Z11.3.2 Information which the Contractor is required by law to disclose, provided that the Contractor notifies the

Employer prior to disclosure so as to enable the Employer to take the appropriate action to protect such

information. The Contractor may disclose such information only to the extent required by law and shall use

reasonable efforts to obtain assurances that confidential treatment will be afforded to the information so

disclosed;

Z11.3.3 Information which at the time of disclosure or thereafter, without default on the part of the Contractor, enters

the public domain or to information which was already in the possession of the Contractor at the time of

disclosure (evidenced by written records in existence at that time);

Z11.4 The taking of images (whether photographs, video footage or otherwise) of the works or any portion thereof,

in the course of Providing the Works and after Completion, requires the prior written consent of the Service

Manager. All rights in and to all such images vests exclusively in the Employer

Z11.5 The Contractor ensures that all his Subcontractors abide by the undertakings in this clause.

Z12 Employer’s Step-in rights

Z12.1 If the Contractor defaults by failing to comply with his obligations and fails to remedy such default within 2

weeks of the notification of the default by the Service Manager, the Employer, without prejudice to his other

rights, powers and remedies under the contract, may remedy the default either himself or procure a third party

(including any subcontractor or supplier of the Contractor) to do so on his behalf. The reasonable costs of

such remedial works shall be borne by the Contractor

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 Service Manager to achieve

this end.

Z13 Liens and Encumbrances

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

encumbrances. 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

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.

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

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.

Z15 Dispute resolution:

Z15.1 Appointment of the Adjudicator

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

An Adjudicator is appointed when Panel of Adjudicators

a dispute arises, from the Panel of

Adjudicators below. The referring

party nominates an Adjudicator,

Name Location Contact details which nomination is either

accepted or rejected by the other

(phone & e mail)

party. In the instance of a rejection

of the nominated Adjudicator, the

Adv. Ghandi Badela Gauteng +27 11 282 3700

referring Party refers the

appointment deadlock to the [email protected]

Chairman of the Johannesburg

Bar Council, who appoints an Mr. Errol Tate Pr. Eng. Durban +27 11 262 4001

Adjudicator listed in the Panel of

Adjudicators below [email protected]

Adv. Saleem Ebrahim Gauteng +27 11 535-1800

The Parties appoint the [email protected]

Adjudicator under the NEC3

Adjudicator’s Contract, April 2013 Mr. Sebe Msutwana Pr. Gauteng +27 11 442 8555

Eng.

[email protected]

Mr. Sam Amod Gauteng [email protected]

Adv. Sias Ryneke SC Gauteng 083 653 2281

[email protected]

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z15.2 Appointment of the Arbitrator

of 55

Confidential

Airports company south africa soc limited contract number _____________

Project or contract title

An Arbitrator is appointed when a Panel of Arbitrators

dispute arises from the Panel of

Arbitrators below. The referring

party nominates an Arbitrator,

Name Location Contact details which nomination is either

accepted or rejected by the other

(phone & e mail)

party. In the instance of a rejection

of the nominated Arbitrator, the

Adv. Ghandi Badela Gauteng +27 11 282 3700

referring Party refers the

appointment deadlock to the [email protected]

Chairman of the Johannesburg

Bar Council, who appoints an Mr. Errol Tate Pr. Eng. Durban +27 11 262 4001

Arbitrator listed in the Panel of

Arbitrators below [email protected]

Adv. Saleem Ebrahim Gauteng +27 11 535-1800

[email protected]

Mr. Sebe Msutwana Pr. Gauteng +27 11 442 8555

Eng.

[email protected]

Mr. Sam Amod Gauteng [email protected]

Adv. Sias Ryneke SC Gauteng 083 653 2281

[email protected]

Mr. Emeka Ogbugo Pretoria +27 12 349 2027

(Quantity Surveyor) [email protected]

Z16 Notification of a compensation event

Z16.1 Delete “eight weeks” in clause 61.3 and replace with “four weeks”. Delete the words “unless the event arises

from the Service Manager or the Supervisor giving an instruction, issuing a certificate, changing an earlier

decision or correcting an assumption.

Z17 BBBEE and Tax Clearance

deviations (if any), contact the Service manager (to be confirmed) to arrange the delivery of any 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.

and the clauses for main Option:

A: Priced contract with price list

dispute resolution Option: W1: Dispute resolution procedure

and secondary Options:

X1 Price Adjustment for inflation

X2 Changes in the law

X17 Low Service Damages

X18: Limitation of Liability (as amended in

Option Z)

X19: Task Order

X20: Key Performance Indicators

Z: Additional conditions of contract

of the NEC3 Term Service Contract (April 2013)

10.1 The Employer is (Name): Airports Company South Africa SOC Limited

contract.

Detailed in Part C3 (Service Information) and under

7 Use of Equipment Plant and Materials section 2 of the tender document

8 Risks and insurance Refer to Part C1.4

83.2 The minimum amounts of cover or Refer to Part C1.4

minimum limits of indemnity required for

the insurance table

of 55

valid under the contract, the service manager issues a

termination certificate.

W1.4 The tribunal is Arbitration

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

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 be held is Johannesburg, South Africa.

W1.4 The person or organization who will choose an The Arbitrator is the person selected by the Parties as

arbitrator and when a dispute arises in terms of the relevant Z

X18 Limitation of liability

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

indirect or consequential loss is limited to consequential or indirect loss, including but not limited

to loss of profit, loss of income or loss of revenue

For any one event, the Contractor’s liability to Total of the losses incurred and/or repairs to the X18.2

the Employer for loss of or damage to the damages caused

Employer’s property is limited to

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

damages caused

which are not listed on the Defects Certificate

is limited to

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

for all matters arising under or in connection all matters arising under or in connection with this

with this contract, other than excluded matters, contract, other than the excluded matters, is limited to

is limited to the total of the Prices and 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,
• Defects liability,
• Insurance liability to the extent of the Contractor’s

risks

• death of or injury to a person;
• infringement of an intellectual property right

X19 Task Order The task order is work within the Service which the

of the Service, when complete, shall be fit for their intended purpose.

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 rescue

proceedings”.

Z7 Limitation of liability:

Insert the following new clause as Option X18.6:

Z7.1 The Employer's liability to the Contractor for the Contractor's indirect or consequential loss is 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 Contractor shall be excluded

from the calculation of the limitations of liability listed in the contract

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 Service Manager and the Employer of the

key person who has the authority to bind the Contractor on their behalf.

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

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 Service Manager or the Employer, which

consent shall not be unreasonably withheld.

Z11.2 If the Contractor is uncertain about whether any such information is confidential, it is to be regarded as such

until otherwise notified by the Service Manager.

Z11.3 This undertaking shall not apply to –

of 55

Z14 Intellectual Property

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.

of 55

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.

Z15 Dispute resolution:

Z15.1 Appointment of the Adjudicator

of 55

a dispute arises, from the Panel of

dispute arises from the Panel of

Part c1: agreements and contract data

C1.4: Acsa insurance clauses

1 Description of the service .................................................................................................................... 27

1.1 Executive overview............................................................................................................................ 27

1.2 Employer’s requirements for the service ........................................................................................... 27

1.3 Interpretation and terminology .......................................................................................................... 32

2 Management strategy and start up. .................................................................................................... 33

2.1 The Contractor’s plan for the service ................................................................................................ 33

2.2 Management meetings ...................................................................................................................... 34

2.3 Contractor’s management, supervision and key people ................................................................... 34

2.4 Provision of bonds and guarantees................................................................................................... 35

2.5 Documentation control ...................................................................................................................... 35

2.6 Invoicing and payment ...................................................................................................................... 37

2.7 Contract change management .......................................................................................................... 37

2.8 Records of Defined Cost to be kept by the Contractor ..................................................................... 38

2.9 Insurance provided by the Employer................................................................................................. 38

2.10 Training workshops and technology transfer ................................................................................. 38

2.11 Design and supply of Equipment ................................................................................................... 38

2.12 Things provided at the end of the service period for the Employer’s use ..................................... 38

2.12.1 Equipment .................................................................................................................................. 38

2.12.2 Information and other things ...................................................................................................... 38

2.13 Management of work done by Task Order .................................................................................... 38

3 Health and safety, the environment and quality assurance ............................................................. 39

3.1 Health and safety risk management.................................................................................................. 39

3.2 Environmental constraints and management .................................................................................... 39

3.3 Quality assurance requirements ....................................................................................................... 39

4 Procurement .......................................................................................................................................... 39

4.1 People ............................................................................................................................................... 39

4.1.1 Minimum requirements of people employed .............................................................................. 39

4.1.2 BBBEE and preferencing scheme ............................................................................................. 39

4.2 Subcontracting .................................................................................................................................. 40

4.2.1 Preferred subcontractors ........................................................................................................... 40

4.2.2 Subcontract documentation, and assessment of subcontract tenders ...................................... 40

4.2.3 Limitations on subcontracting .................................................................................................... 40

4.2.4 Attendance on subcontractors ................................................................................................... 40

4.3 Plant and Materials............................................................................................................................ 40

of 55

• Watering: Monitor and fill per species needs; maintain self watering systems.
• Cleaning: Plant leaf dusting/polishing and removal of dead/damaged foliage.
• Cleaning: External cleaning of pots and immediate surrounding area.
• Pruning & Shaping: Maintain form and health.
• Soil Care: Top up/replace potting mix as required; maintain pH and structure.
• Fertilising: Apply appropriate nutrients (monthly/quarterly as species and season dictate).
• Pest & Disease Control: Monitor, treat promptly using registered, safe products and prevent

secondary poisoning.

• Weed Removal: Keep soil surface clean and weed free.
• Lighting & Environment: Verify suitability and recommend adjustments to avoid plant stress.
• Rotation: Rotate plants monthly to ensure even exposure and growth.
• Records: Complete Maintenance Record Sheets for every visit; store for contract duration;

provide monthly copies by the 5th day of each month.

• Replacement of any plants that are considered to be below acceptable standards

Replacement Guarantee: Any dead, dying, or substandard plant must be removed and replaced

within 7 days at no additional cost to ACSA. Damaged pots must be repaired or replaced as

maybe required within 7 days at no additional cost.

The contractor must maintain the following minimum staff available at all times: 1 Manager/Horticulturalist and 1 Plant Technician. The plant technician must call at the site to conduct routine maintenance at least once a week.

software, models, plans, designs, programs, diagrams, evaluations, materials, specifications, schedules,

quality specified in the service information.