Standby diesel generator maintenance contract – western precinct, or tambo (36 months)

36-month standby diesel generator maintenance contract at Western Precinct, OR Tambo International Airport (Aviation Park, 1 Jones Road, Kempton Park 1632). Employer: Airports Company South Africa SOC Ltd (Reg. No 1993/004149/30, VAT No 4930138393). Contract based on NEC3 Term Service Contract (April 2013) with Option A (Priced contract with price list) and secondary Options X1, X2, X4, X17, X18, X19, Z. Contract comprises Part C1 (Agreement and Contract Data), C2 (Pricing Data), C3 (Service Information), C4 (Site Information). Service period: 36 months from starting date (date signed by ACSA).

Closing date: 21 September 2026 at 16:00 (from tender record). No compulsory briefing, site visit or clarification deadline is stated in the document. Contract period: 36 months from the starting date (starting date is the date signed by ACSA). Contractor must provide Contractor's Plan within 5 calendar days of Contract Date. Payment assessment interval: 15th day of each month. Payment period: 30 days. Price adjustment for inflation only on contract anniversary. Annual B-BBEE and Tax Clearance Certificates required. SHE File submission 7 days before work starts. Notification of key person within 1 week of Contract Date. Adjudicator/Arbitrator appointment when disputes arise.

Employer: Airports Company South Africa SOC Ltd, Reg. No 1993/004149/30, VAT No 4930138393. Address: Western Precinct, Aviation Park, 1 Jones Road, Kempton Park, 1632. Tel: +27 11 723 1400. 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]). Adjudicator nominating body: Chairman of Johannesburg Advocate's Bar Council. Arbitration venue: Johannesburg, South Africa.

Submission method and address are not stated in the provided 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 submission:

• Form of Offer and Acceptance (C1.1): signed offer and acceptance.
• Contract Data (C1.2): both employer-provided (C1.2a) and contractor-provided (C1.2b) parts completed.
• Occupational Health and Safety Agreement (C1.3): signed Section 37(2) agreement before work commences.
• Insurance Schedule (C1.4): proof of required insurances.
• Pricing Data (C2.1 and C2.2): completed pricing instructions and price list/activity schedule.
• Service Information (C3) and Site Information (C4): as referenced in the contract.
• Annual B-BBEE certificate and Tax Clearance Certificate (or SARS tax pin).
• Letter of Good Standing with the Compensation Fund or licensed insurer (COID Act).
• SHE File documentation submitted seven days before starting work.
• CVs of key personnel appended to resource proposal.

Disqualification risks: any returnable form left unsigned or omitted; failure to provide bonds, guarantees, proof of insurance or other required documentation within two weeks of receiving the completed agreement; non-submission of annual B-BBEE and tax certificates.

The document does not specify a formal evaluation scoring split (e.g., 80/20 or 90/10) or minimum functionality thresholds. Pre-qualification and ongoing compliance requirements that affect eligibility:

• Registration on the Central Supplier Database (CSD).
• Valid Tax Clearance Certificate or SARS tax compliance status PIN.
• Compliant B-BBEE certificate submitted annually; failure is a material breach allowing contract cancellation.
• Good standing with the Compensation Fund or licensed insurer (COID Act).
• Contract Works Insurance and Public Liability Insurance as per Insurance Schedule (C1.4).
• Appointment of competent persons per OHS Act Section 16(2); full-time dedicated SHE resource required when 5 or more employees are on site.
• No cession, delegation or assignment of rights without ACSA's written consent.
• Joint venture partners are jointly and severally liable.
• Key personnel CVs to be submitted with resource proposal.
• Price adjustment for inflation (CPI index) applies only on contract anniversary.
• Low service damages apply per Annex C if substandard work is not corrected.
• Limitation of liability: neither party liable for indirect/consequential loss; Contractor's direct liability capped at total of the Prices; excluded matters (property damage, defects, insurance liability, death/injury, IP infringement) are not subject to the cap.
• Task orders may be issued by the Service Manager for work within the service scope.
• Dispute resolution via adjudication (from listed panel) then arbitration (Johannesburg, Rules for Conduct of Arbitrations 2013, 7th Edition).
• Communication: Service Manager needs Employer written consent for scope/design changes ≥5% or completion date extensions >30 days.
• Contractor must notify key person with binding authority within one week of Contract Date.
• Ethics clause: breach of anti-corruption laws is grounds for termination.

Scope: Maintenance of standby diesel generator infrastructure at Western Precinct, OR Tambo International Airport (Aviation Park, 1 Jones Road, Kempton Park) for 36 months. Contract type: NEC3 Term Service Contract (April 2013) with main Option A (Priced contract with price list) and secondary Options X1, X2, X4, X17, X18, X19, Z. Service Information is in Part C3 (not fully extracted). Key technical requirements from Contract Data and OHS Agreement:

• Baseline risk assessment by competent person before work starts; risk register reviewed when scope changes.
• Emergency response procedure submitted as part of SHE File before work starts.
• Competent persons appointed per OHS Act Section 16(2); full-time SHE resource if ≥5 employees on site.
• All employees trained on health/safety hazards; operators trained on machinery/equipment.
• Medical fitness certificates for all employees (basic tests: history, physical, BP, BMI, urine, drug, audio, lung function, eye, height questionnaire, musculoskeletal).
• PPE provided and worn per General Safety Regulation 2(1); PPE compliance monitored and recorded.
• Plant, machinery, equipment, vehicles sound, fit for purpose, compliant with OHS Act Section 10; joint risk assessment for interface with Client equipment.
• Lock-out/tag-out (LOTO) procedures applied by both Client and Contractor.
• Permit-to-work system: no work requiring a permit before approved permit obtained; Mandatary notifies Client of work for permit issuance.
• Road vehicles roadworthy, licensed, insured; drivers licensed; no passengers in back of LDV; seat belts mandatory; speed limits observed.
• Hazardous substances transport per Hazardous Substances Act.
• Site hygiene: work site cleared of waste regularly and on completion.
• Substance abuse: no intoxicated persons on site; medication side effects reported; Client may test at entry points.
• Incident reporting: all SHE incidents to Client OHS within 2 hours (phone/SMS/email); formal preliminary report within 48 hours; Section 74 OHS Act incidents reported per statutory requirements.
• Health and safety committees: Mandatary establishes own committee; Section 16(2) appointee and SHE resource attend Client SHE meetings monthly; max 3 missed meetings per year.
• COID Act letter of good standing required before work; updated annually.
• Public Liability Insurance per Main Contract; other adequate insurance for losses/claims.
• Confidentiality: all contract information confidential; prior written consent for images/photos; IP rights remain with originator; Contractor grants irrevocable, royalty-free licence to Employer for IP related to works.
• Employer step-in rights: if Contractor defaults and fails to remedy within 2 weeks, Employer may remedy at Contractor's cost.
• Equipment kept free of liens; Contractor waives liens vis-à-vis Employer.
• Intellectual property indemnity for Contractor's design, equipment use, proper use of works.
• Cession/delegation/assignment only with Employer written consent; Employer may cede/delegate freely.
• Joint venture: joint and several liability; key person notified within 1 week; no material composition change without consent.
• Ethics: no corrupt practices; compliance with Prevention and Combating of Corrupt Activities Act; breach allows termination.
• Communication: Service Manager needs Employer consent for scope/design changes ≥5% or completion extensions >30 days.
• Delegation: Contractor acknowledges employer duties under OHS Act Section 37(2) and Construction Regulations.

Key personnel requirements: Contractor must provide CVs of key persons appended to resource proposal. Contract Data C1.2b requires details for at least four key persons: Name, Responsibility, Qualifications, Experience. Competent persons must be appointed per OHS Act Section 16(2) with relevant training. Full-time dedicated SHE resource required when 5 or more employees on site; must be trained/qualified in OHS matters pertinent to the work. All employees must be trained on health/safety aspects and understand associated hazards. Operators of materials/machinery/equipment must be properly trained. Medical fitness certificates required for all employees from HPCSA-registered occupational health practitioner.

Substance abuse control: no intoxicated persons on site (airside or landside); medication side effects must be reported; Client reserves right to conduct substance abuse testing at main entry points. Site hygiene: work site maintained to reasonably practicable hygiene/cleanliness; no loose materials left unnecessarily; waste cleared regularly and on completion.

Pricing format: Priced contract with price list (Option A). Price list and activity schedule in Section C2.2. Tendered total of Prices (excluding VAT) entered in Form of Offer and Acceptance and Contract Data C1.2b (in figures and words). Price adjustment for inflation (Option X1): CPI index on starting date; adjustment only on contract anniversary. Currency: ZAR. Payment: monthly assessment on 15th, payment within 30 days. Interest: Nedbank prime rate. Insurance: Employer provides Contract Works, SASRIA, Marine/Air Cargo, Public Liability; Contractor provides additional Contract Works and Public Liability (minimum covers per C1.4). Low service damages (Option X17): correction, cost recovery, or price reduction per Annex C. Limitation of liability (Option X18/Z7): no indirect/consequential loss (R0); property damage per event capped at total Prices; total direct liability capped at total Prices (exclusions apply). Parent company guarantee (Option X4) included. Task orders (Option X19) for additional work. Contractor to provide bonds, guarantees, proof of insurance within 2 weeks of completed agreement. Direct fee percentage and subcontracted fee percentage declared in C1.2b.

Pricing format: Priced contract with price list (Option A). Price list and activity schedule in Section C2.2. Tendered total of Prices (excluding VAT) to be entered in Form of Offer and Acceptance and Contract Data C1.2b. Price adjustment for inflation (Option X1): CPI index on starting date; adjustment only on contract anniversary. Currency: South African Rand (ZAR). Payment terms: assessment interval on 15th of each month; payment within 30 days. Interest rate: prime lending rate of Nedbank. Insurance: Employer provides Contract Works Insurance, SASRIA Special Risks, Marine & Air Cargo, Public Liability Insurance (terms in C1.4). Contractor provides additional Contract Works Insurance and Public Liability Insurance (terms in C1.4); minimum cover amounts per C1.4. Low service damages (Option X17): Employer may insist on correction, recover correction costs, or accept defect with price reduction per Annex C. Limitation of liability (Option X18/Z7): neither party liable for indirect/consequential loss (R0); Contractor's liability for property damage per event capped at total of Prices; total direct liability capped at total of Prices (excluded matters: property damage, defects liability, insurance liability, death/injury, IP infringement). Parent company guarantee (Option X4) included but no data required. Task orders (Option X19) for additional work within service scope. Contractor to provide bonds, guarantees, proof of insurance within two weeks of receiving completed agreement. Direct fee percentage and subcontracted fee percentage to be declared in C1.2b.

Mandatory compliance requirements:

• Central Supplier Database (CSD) registration.
• Valid Tax Clearance Certificate or SARS tax compliance PIN.
• Compliant B-BBEE certificate submitted annually (material breach if not).
• Good standing with Compensation Fund or licensed insurer (COID Act); letter of good standing before work and updated annually.
• Contract Works Insurance and Public Liability Insurance per Insurance Schedule (C1.4).
• Occupational Health and Safety Agreement (C1.3) signed before work commences (Section 37(2) OHS Act).
• SHE File documentation submitted 7 days before starting work.
• Competent persons appointed per OHS Act Section 16(2); copies of appointments/certificates to Client.
• Full-time dedicated SHE resource if ≥5 employees on site.
• Medical fitness certificates for all employees (HPCSA-registered practitioner).
• PPE compliance per General Safety Regulation 2(1).
• Baseline risk assessment and risk register maintenance.
• Emergency response procedure submitted before work.
• Permit-to-work compliance.
• No cession/delegation/assignment without Employer written consent.
• Joint venture: joint and several liability; key person notification within 1 week; no composition change without consent.
• Ethics compliance: Prevention and Combating of Corrupt Activities Act; breach allows termination.
• Confidentiality undertaking.
• Intellectual property indemnity.
• Equipment free of liens; lien waiver.
• Annual B-BBEE and Tax Clearance Certificates (Z17.1).
• Service Manager consent for scope/design changes ≥5% or completion extensions >30 days (Z18).
• Contractor acknowledges employer duties under OHS Act Section 37(2) and Construction Regulations (Z19).
• Dispute resolution via adjudication then arbitration per Z15.
• Notification of compensation events within 4 weeks (Z16.1).

OHS Agreement (Section 37(2) OHS Act, Construction Regulation 5.1(k)) mandatory before work starts. Key requirements:

• Baseline risk assessment by competent person before work; risk register updated when scope changes.
• Emergency response procedure submitted in SHE File before work; Client clinic provides first response but Contractor activates own procedure and transports patient.
• Competent persons appointed per Section 16(2) OHS Act; trained on relevant OHS matters; copies to Client.
• Full-time dedicated SHE resource if ≥5 employees on site; based at project for duration; trained/qualified.
• All employees trained on health/safety hazards; operators trained on machinery/equipment.
• Medical fitness certificates for all employees (HPCSA-registered practitioner); basic tests: history, physical, BP, BMI, urine, drug, audio, lung function, eye, height questionnaire, musculoskeletal.
• PPE provided and worn per General Safety Regulation 2(1); compliance monitored; records on SHE File; Client may inspect.
• Plant/machinery/equipment/vehicles sound, fit for purpose, OHS Act Section 10 compliant; joint risk assessment for Client equipment interface; Contractor notifies Client OHS.
• LOTO procedures: Client isolates/applies LOTO; Contractor applies own LOTO before/after work.
• Permit-to-work: no work requiring permit before approved permit obtained; Mandatary notifies Client for permit issuance.
• Vehicles: roadworthy, licensed, insured; drivers licensed; no passengers in back of LDV; seat belts; speed limits observed.
• Hazardous substances transport per Hazardous Substances Act.
• Incident reporting: all SHE incidents to Client OHS within 2 hours (phone/SMS/email); formal preliminary report within 48 hours; Section 74 incidents per statutory requirements.
• Health and safety committees: Mandatary establishes own; Section 16(2) appointee and SHE resource attend Client SHE meetings monthly; apologies 24 hours prior; alternative representative deployed; max 3 missed meetings/year.
• COID Act: letter of good standing before work; updated annually.
• Public Liability Insurance per Main Contract; other adequate insurance.
• Clarification: contact Client OHS Department.
• Duration: agreement in force for work duration and while employees on site.
• Non-compliance: 14 days written notice to remedy; penalties per main contract; immediate performance/payment claim; three same deviations allow contract suspension.
• Indemnity: Mandatary indemnifies Client against all liability/loss/claims unless attributable to Client fault; Mandatary must prove Client fault/negligence.
• Only duly authorised Section 16.2 appointee may sign; written designation copy to Client.

Work site maintained to reasonably practicable level of hygiene and cleanliness. No loose materials left lying about unnecessarily. Work site cleared of waste material regularly and on completion of work.

Contract framework: NEC3 Term Service Contract (April 2013) with Option A and secondary Options X1, X2, X4, X17, X18, X19, Z (Z1-Z19). Precedence: Service Information (C3) > Contract Data (C1.2) > General Conditions > Pricing Data > schedules/drawings. Law: Republic of South Africa. Language: English. Period for reply: 5 working days. Contractor's Plan due: 5 calendar days from Contract Date. Starting date: signed by ACSA. Service period: 36 months. Payment: monthly assessment (15th), 30-day payment, Nedbank prime interest. Insurances: Employer provides Contract Works, SASRIA, Marine/Air Cargo, Public Liability; Contractor provides additional Contract Works and Public Liability (details C1.4). Dispute resolution: adjudication from listed panel (nominating body: Johannesburg Advocates Bar Council chairman), then arbitration (Johannesburg, Arbitration Rules 2013 7th Ed.). Limitation of liability: no indirect/consequential loss (R0); property damage per event capped at total Prices; total direct liability capped at total Prices (exclusions: property damage, defects, insurance liability, death/injury, IP infringement). Low service damages per Annex C. Price adjustment: CPI index on starting date, anniversary only. Task orders for additional work. No cession/delegation without Employer consent; Employer may cede freely. Joint venture: joint/severe liability, key person notified in 1 week, no composition change without consent. Ethics: anti-corruption compliance, breach allows termination. Confidentiality: all information confidential, prior consent for images, IP licence to Employer. Employer step-in rights after 2-week default notice. Equipment lien-free, lien waiver. IP indemnity for Contractor's design/equipment/use. Communication: Employer consent for scope/design changes ≥5% or completion extensions >30 days. Delegation: Contractor acknowledges OHS Act employer duties. Compensation event notification: 4 weeks. Annual B-BBEE and Tax Clearance Certificates (material breach if not). Termination: business rescue proceedings added as termination event. Contractor provides bonds/guarantees/insurance proofs within 2 weeks of completed agreement.

No formal evaluation scoring methodology or minimum thresholds stated in the document. Eligibility and ongoing compliance serve as de facto evaluation gates: CSD registration, valid tax status, annual B-BBEE certificate, COID good standing, required insurances, OHS compliance (competent persons, SHE resource, risk assessments, medicals, PPE, permits), key personnel CVs, joint venture joint/severe liability, ethics compliance, confidentiality, IP indemnity, lien waivers, dispute resolution adherence, communication protocols, and annual certificate renewals.