Broad-Based Black Economic Empowerment Act (B-BBEE Act)
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Issuing Organization
Airports Company of South Africa LimitedLocation
Free State
Closing Date
14 Oct 2026
Documents available on tender detail page
Tender Type
Request for Bid(Open-Tender)
Delivery Location
Thabe Nchu Road, Bram Fischer International Airport - Bloemfontein - Bloemfontein - 9300
Organization Type
GOVERNMENT
Published
09 Sept 2026
OCDS Reference
ocds-9t57fa-169715
Date & Time
Wednesday, 14 October 2026 - 12:00
Venue
Virtual Briefing Session on Microsoft Teams
Bidders are requested to submit all bids in the format instructed; NO other format will be acceptable. Links will not be accepted.
Categories
Request for Bid(Open-Tender)
Thabe Nchu Road, Bram Fischer International Airport - Bloemfontein - Bloemfontein - 9300
09 Sept
2026
Tender Published
Tender was published
14 Oct
2026
Closing Date
Tender closing date
These references help suppliers understand the public-procurement framework around this opportunity. They are generated from the tender category, issuing organisation type and procurement context.
NEC 3 PSC - Terminal Building Refurbishment.pdf
Continue with tenders sharing this issuer, category, or province.
Median Estimate
R 475 438
Range
Based on 25 comparable awarded tenders. Companies with similar profiles typically bid near the median.
* Estimates are based on historical data and do not guarantee actual award values.
Tenders in this industry often require registration with these bodies.
Recommended Certifications
Having these can improve your winning chances: CA(SA) - Chartered Accountant, PMI-PMP (Project Management Professional), Prince2 Practitioner, Six Sigma Certification
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Important Dates
Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ){"closingDate":"23 September 2026","closingTime":"16:00pm","briefingSession":"{"date":"16 September 2026","time":"11:00am","venue":"e and Time : 14 October 2026 @12:00 PM","is_compulsory":false}"}
Contact Information
Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ){"name":null,"email":"[email protected]","phone":"010 207 2000","department":"where the","address":"NTACT PERSON Lerato Phalo PERSON"}
Submission Guidelines
Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ)Returnable Documents: Declaration of Interest Form and Politically X, X SBD 4 Bidder’s Disclosure Form, SBD 6.1 Preference Points Claim Form X, Central Supplier Database, Email address: [email protected] . Please do not cc any ACSA employee or BCC.
Evaluation Criteria
Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ)Pt−Pmin
Ps= 80(1− )
Pmin
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender
3.2. Formulae for disposal or leasing of state assets and income generating
Procurement
3.2.1. Points awarded for price
A maximum of 80 points is allocated for price on the following basis:
Pt−Pmax
Ps= 80(1+ )
Pmax
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement Regulations,
preference points must be awarded for specific goals stated in the tender. For the purposes of this
tender the tenderer will be allocated points based on the goals stated in table 1 below as may be
supported by proof/ documentation stated in the conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which states that, if it
is unclear whether the 80/20 preference point system applies, an organ of state must, in the tender
documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the 80/20 preference
point system will apply and that the highest acceptable tender will be used to determine the
applicable preference point system; or
(b) any other invitation for tender, that either the 80/20 preference point system will apply and
that the lowest acceptable tender will be used to determine the applicable preference point
system,
then the organ of state must indicate the points allocated for specific goals for 80/20 preference point
system.
Table 1: Specific goals for the tender and points claimed are indicated per the table below.
Note to tenderers: The tenderer must indicate how they claim points for each preference point
system.)
Number of
Specific Goals points
(80/20 system)
B-BBEE Status Level 1 5
B-BBEE Status Level 2 4.5
B-BBEE Status Level 3 4
B-BBEE Status Level 4 3
B-BBEE Status Level 5 2
B-BBEE Status Level 6 0.5
B-BBEE Status Level 7 0.3
B-BBEE Status Level 8 0.1
Black youth majority-owned entities 5
Black women majority-owned entities 5
Company majority owned by people with 5
disabilities
Non- compliant contributor 0
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
Technical Specifications
Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ)(The description below is intended as a guide and is not exhaustive. Please refer to the various guidelines of
services, as amended as per the list below as per the specific requirements of ACSA.)
The project scope of services will include the normal services, as below:
Inception, including investigations and assessments
Concept and Viability
Design Development
Documentation and Procurement
Construction monitoring
Project close-out
Each project stage has been summarized using the following guideline of services:
a) Guideline for services and processes for estimating fees for persons registered in terms of the
Engineering Profession Act, published by Engineering Council of South Africa (2016).
Stage 1: inception
Convene a project start-up meeting of the project and attend project initiation meetings
Assist in refining the project brief
Consultation with the client or the client’s authorized representative
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
Point Act and related legislation and regulations, as it pertains to the infrastructure and processes.
Understand operational requirement, procedures, OHS and environmental requirement of the airport.
Inspect the site and advise on the necessary surveys, analyses, test and site or other investigations
where such information will be required for stage 2 including the availability and location of the
infrastructure and services.
Determine the availability of data, drawings and plans relating to the project.
Advise on criteria specific to own scope of work that could influence the project life cycle cost
significantly.
surveys, tests, analyses, site and other investigations, schedule of consents and approvals.
Stage 2: concept and viability
scale plus preliminary programme and viability of the project.
the soil testing and the health and safety agent, where this will be done by the employer. These
services shall be procured in line with the Employer’s transformation objectives, and the spend
monitored and reported, whether the services are procured by the Employer or the consultant.
as required.
Conduct design meeting as required.
Establish that the design is compliant with ACSA regulatory authorities requirements and incorporate
these into the design.
consents, as well as the user and functional needs (as per the project brief).
stakeholders.
the constructability and construction programme, to ensure minimum disturbances and disruptions to
the airport operations.
Advise client on the financial implications of the various alternatives considered.
Advise on the intended space provisions and planning relationship, proposed materials and intended
building services, and check the conformity of the concept with the rights of the land.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
Employer, to ensure continued operations.
Apply into the design all applicable airport standards and regulatory requirements.
Prepare and submit three (3) set of schematic Design Documents, Preliminary specifications,
schematic cost estimate and present to the client for discussion.
relevant authorities and client and suitable for costing. The preferred option shall incorporate best
engineering practices, technological innovations, while maintaining cost effectiveness.
Stage 3: design development
Design of the agreed concept.
works and shall take into consideration all relevant standards.
requirements.
Obtain approval for the proposed plans and programs from relevant stakeholders.
Provide finalized operational impact mitigation documentation and drawings and contingency plans to
deal with asset outage for approval and communication.
Get the proposed plans approved by City Council.
Prepare detailed estimates of construction cost.
Stage 4: documantation and procurement
Design meetings.
Chair pre-bid meetings and attend the Bid Opening.
Prepare specifications and preambles of the work.
Preparation of the tender documentation for the contractor procurement.
Check the cost estimate and adjust designs and documents to remain within approved budget if
required.
Final detailing of working drawings.
The consultant shall not be part of the BEC. However, the consultant may be called upon to review the
financial offers and make recommendation in terms of the CIDB Evaluation of Tenders Technical
Guide.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
cost, tender documentation and evaluation report.
Stage 5: construction
Site handover to contractor.
Construction administration.
Conduct regular site meetings, technical meetings and other agreed meetings.
Quality control, works inspection and approval of work completed according to quality and
specifications inclusive of a post as build survey.
Monitor implementation of quality assurance procedures by other consultants and contractors.
Prepare proactive estimates of proposed variations for client decision making.
Attend regular site, technical and progress meeting.
Financial control and agreement of interim payment certificates.
Adjudicate and resolve financial claims from the contractor.
Assist in the resolution of financial claims by contractor.
Practical completion of the defects list.
Completion certificate and final completion.
Level 3 Site Monitoring:
A Supervisor (as per NEC3 PSC) shall be on site on a full-time basis to monitor the works.
The qualifications and experience of the Supervisor shall be maintained for the duration of the tender,
as per requirements that were offered at tender stage.
Stage 6: project close-out
completion, handover and operation of the project.
Inspect and verify the rectification of the defects.
Receive, comment and approve relevant payment valuation and completion certificates.
Fecilitate and/or procure final operations and maintenance manuals, guarantees and warranties.
Prepare as build drawings and maintenance and operation documentation. This shall include a post-
survey of the As-Build, submit drawings (in both hard copy and digital format) as well as a
Maintenance Plan.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
Constraints on the implementation of the project
This project will be implemented in a live, operational environment on the precinct of the airport. Work done
on or near an active airport is subject to several requirements and conditions to always ensure the safe
operation of the airport. Various limitations and requirements are to be taken cognizance of during
preparation of the tender and construction programme.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
Section 5: returnable documents
4.1 Mandatory Returnable documents ACSA will disqualify from the bid process any bidder that has failed to
submit mandatory returnable documents and information. Bidders should therefore ensure that all the
mandatory returnable documents and information have been submitted. In order to assist bidders, ACSA
has also included a column next to the required mandatory document and information to enable bidders
to keep track of whether they have submitted or not.
4.2 Other Returnable Documents and information)
These types of documents and information are required but are not mandatory or are only mandatory at
specific stages of the process. ACSA may request bidders to submit these documents or information after
the closing date and time or might already have them on the system. Where a document or information is
only mandatory at a specific stage in the process, ACSA may only disqualify a bidder for non-submission
at that stage and after reasonable efforts were made to request the document from the bidder.
The mandatory and other returnable documents listed in the table follows:
Returnable documents and submitted
Mandatory administrative
INFORMATION [Yes
SBD 3.3: Priced offer X
Declaration of Interest Form and Politically X
Exposed Persons
X SBD 4 Bidder’s Disclosure Form
SBD 6.1 Preference Points Claim Form X
Confidentiality and Non-Disclosure Agreement X
BEE Certificate and Scorecard or BBBEE X
QSE/EME Affidavit
Verifiable medical certificate of report as proof of X
disability(For preference claims)
Tax Pin number (ACSA may not award to a bidder
whose tax affairs have not been declared to be in X
orders by SARS)
Certificate of Incorporation of the bidding entity X
showing ownership split
Central Supplier Database Report (CSD) X
VAT Questionnaire X
ACSA Terms and Conditions X
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
4.3 Validity of submitted information
Bidders must ensure that all conditions, documents and information which has been submitted in
pursuance to this bid remains valid for the duration of the contract period. In the event where a validity
document expires an updated document must be submitted. The duty is on the bidder to provide updated
information to ACSA immediately after such information has changed.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
Section 5: returnable documents
5.1 Declaration of interest and politically exposed persons form
Making a Declaration
Any legal person or persons having a relationship with persons employed by ACSA, including a blood
relationship, may submit a bid in terms of this tender document. In view of possible allegations of unfairness,
should the resulting bid, or part thereof, be awarded to persons connected with or related to ACSA employees,
it is required that the bidder or his/her authorised representative declare his/her position in relation to ACSA
employees or any member of the evaluation or adjudication committee which will consider bids.
ACSA requires all bidders to declare that they have not acted in any manner inconsistent with the law, policy, or
fairness. Furthermore, ACSA requires bidders to declare if they have Politically Exposed Persons (PEP) also
known as Domestic Prominent Influential Persons (DPIP) in their organisation. See below definition of PEP/DPIP.
Politically Exposed Persons or DPIP are individuals who are or have been entrusted with prominent public
functions in the country or a foreign country, for example Heads of State or of government, senior politicians,
senior government, judicial or military officials, senior executives of state-owned corporations, important political
party officials. Business relationships with family members or close associates of PEPs involve reputational risks
similar to those with PEPs themselves. PEP status in the following areas shall be declared:
of government or foreign government (elected or not)’
formed by or for the benefit of any such individual;
children, and spouse's parents or siblings etc
5.1.1 All bidders must complete a declaration of interest form below:
Full name of the bidder or representative of
the bidding entity
Identity Number
Position held in the bidding entity
Registration number of the bidding entity
Tax Reference number of the bidding entity
VAT Registration number of the bidding entity
I/We certify that there is / no PEP/DPIP conflict of interest/ no relationship between the bidding entity or
any of its shareholders / directors / owner / member / partner/ senior management with any ACSA
employee or official.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
Where a relationship or PEP/DPIP conflict of interest exists, please provide details of the ACSA
employee or official and the extent of the relationship below:
PEP/DPIP Declaration
DPIP/PEP Declaration for self/family member or close associate:
Nature of Political Exposure Term of the Description of activities relating to
office political exposure
Full Names of Directors / Trustees / Members / Shareholders/ Senior Management of the bidding entity
Personal Income Tax Reference
Full Name Identity Number
Number
5.1.2.I/We declare that we have not acted in any manner which promotes unfairness, contravenes any law
or is against public morals. We further certify that we will in full compliance of this tender terms and
conditions as well as ACSA policies in the event that we are successful in this tender.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
Methodology
Source: Tender document for Services 8590 - 09 Sep.pdfSection 3: evaluation criteria
3.1 Evaluation Criteria
3.1.1 ACSA will use a pre-determined evaluation criteria when considering received bids. The
evaluation criteria will consider mandatory administrative, functionality, Price and
Preference,). During the evaluation of received bids ACSA will make an assessment whether
all the bids comply with set minimum requirements and whether all returnable
documents/information have been submitted. Bidders which fail to meet minimum requirements,
thresholds or have not submitted required mandatory documents will be disqualified from the bid
process.
3.1.2 The requirements of any given stage must be complied with prior to progression to the next
stage. ACSA reserves the right to give bidders reasonable time to submit information that will
be required in Stage 1 below.
3.2 A staged approach will be used to evaluate bids and the approach will be as follows:
Stage 1 Stage 2 Stage 3 Stage 5
Quality Management
Source: Tender document for Services 8590 - 09 Sep.pdfBuilding for a Period of 22 months at Bram Fischer International Airport.
Bid Number: : 8590
Issue Date : 09 September 2026
Query Closing Date : 23 September 2026 @16:00pm
Briefing Session and Site : 16 September 2026 @11:00am
Site Inspection Requirements : N/A
Bid Closing Date and Time : 14 October 2026 @12:00 PM
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
1.3. Clarification and Communication
Name: Lerato Phalo
Designation: Buyer
Tel: 010 207 2000
Email: [email protected]
1.3.1. Request for clarity or information on the bid may only be requested until 23 of September 2026
at 16:00pm. Any responses to queries or for clarity sought by a bidder will also be sent to all the
other entities which have responded to the Request for Proposal/Bid /Information invitation.
1.3.2. Bidders may not contact any ACSA employee on this bid other than those listed above. Contact
will only be allowed between the successful bidder and ACSA Business Unit representatives
after the acceptance of the letter of award bid. Contact will also only be permissible in the case
of pre-existing commercial relations which do not pertain to the subject of this bid.
1.4. Non-Compulsory/Compulsory Briefing/Site Inspection Session
A non-compulsory briefing session will be held on 16 of September 2026 at 11AM. The session will be
held at the following location:
Understand operational requirement, procedures, OHS and environmental requirement of the airport.
Inspect the site and advise on the necessary surveys, analyses, test and site or other investigations
where such information will be required for stage 2 including the availability and location of the
infrastructure and services.
Determine the availability of data, drawings and plans relating to the project.
Advise on criteria specific to own scope of work that could influence the project life cycle cost
significantly.
surveys, tests, analyses, site and other investigations, schedule of consents and approvals.
Stage 2: concept and viability
scale plus preliminary programme and viability of the project.
the soil testing and the health and safety agent, where this will be done by the employer. These
services shall be procured in line with the Employer’s transformation objectives, and the spend
monitored and reported, whether the services are procured by the Employer or the consultant.
as required.
Conduct design meeting as required.
Establish that the design is compliant with ACSA regulatory authorities requirements and incorporate
these into the design.
consents, as well as the user and functional needs (as per the project brief).
stakeholders.
the constructability and construction programme, to ensure minimum disturbances and disruptions to
the airport operations.
Advise client on the financial implications of the various alternatives considered.
Advise on the intended space provisions and planning relationship, proposed materials and intended
building services, and check the conformity of the concept with the rights of the land.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
cost, tender documentation and evaluation report.
Stage 5: construction
Site handover to contractor.
Construction administration.
Conduct regular site meetings, technical meetings and other agreed meetings.
Quality control, works inspection and approval of work completed according to quality and
specifications inclusive of a post as build survey.
Monitor implementation of quality assurance procedures by other consultants and contractors.
Prepare proactive estimates of proposed variations for client decision making.
Attend regular site, technical and progress meeting.
Financial control and agreement of interim payment certificates.
Adjudicate and resolve financial claims from the contractor.
Assist in the resolution of financial claims by contractor.
Practical completion of the defects list.
Completion certificate and final completion.
Level 3 Site Monitoring:
A Supervisor (as per NEC3 PSC) shall be on site on a full-time basis to monitor the works.
The qualifications and experience of the Supervisor shall be maintained for the duration of the tender,
as per requirements that were offered at tender stage.
Stage 6: project close-out
completion, handover and operation of the project.
Inspect and verify the rectification of the defects.
Receive, comment and approve relevant payment valuation and completion certificates.
Fecilitate and/or procure final operations and maintenance manuals, guarantees and warranties.
Prepare as build drawings and maintenance and operation documentation. This shall include a post-
survey of the As-Build, submit drawings (in both hard copy and digital format) as well as a
Pricing Schedule
Source: Tender document for Services 8590 - 09 Sep.pdf(Professional Services)
Note: all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment
insurance fund contributions and skills development levies.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
ConfidentialConfidential
Section 4: specifications / scope of works / terms of references
Detailed Scope of Work
Specification and description of the services
The professional services are the design proposals, design of the required infrastructure, construction cost
estimates, the tender documentation, contract administration and site monitoring of the construction of the
project.
The project will be implemented in line with ACSA’s Project Management Manual, which outlines processes to
be adhered to in the implementation and delivery of projects at ACSA. It guides both ACSA internal processes
and the professional team.
Compliance Requirements
Source: Tender document for Services 8590 - 09 Sep.pdf (RFQ)functionality or the and Preference negotiations (where technical aspect of the applicable) bid 3.3 Stage 1: Mandatory Requirements
Fully completed form of offer 3.4 Stage 2 Functionality In determining the bidders capacity and capability to execute the contract/project, bidders will be evaluated on functionality. Functionality is the terminology used to define the technical ability of the Tenderer, based on experience to deliver the required product in accordance with the specialised quality, reliability and functionality. Points allocated for Functionality shall be evaluated in accordance with the criteria as listed below. An overall minimum threshold of 95 points out of 100 must be achieved for the tender to be eligible for further evaluation on Price and Preference (80/20 split). Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential
Proposed Evaluation Criteria The technical evaluation will consist of the following: Description of quality criteria WQ Sub criteria quality score Points Tenderer’s resource 80 Qualification and Registration 60 proposal Years of experience similar 20 works. Tenderer’s references and 20 References with Similarity in 20 experience. works and scope. TOTAL SCORE 100 NB: the overall minimum threshold is 95 points
Tendering Organisation: List of completed relevant projects Criteria Points < 3 Projects 0 Points > 3 Projects 20 points
Note: Relevant completed projects refer to building construction projects that each have a value of R10 million and above (Including VAT).
Key Personnel Experience and Professional Registration 2.1 Principal Agent 2.1.1 List of Completed Relevant work projects as a professional Engineer/ professional technologist. All projects submitted for evaluation must have commenced post registration.
Note: Relevant completed projects refer to building construction projects that each have a value of R10 million and above (Including VAT). Criteria Points < 3 Projects 0 points > 3 Projects 5 points Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential 2.1.2 Professional Registration as Professional Engineer (Pr Eng) or Professional Technologist (Pr Tech). Provide proof of registration. Criteria Points No registration 0 points Registered with 15 points ECSA as Pr Eng or Pr Tech 2.2 Resident Engineer 2.2.1 List of Completed Relevant work projects as a professional Engineer/ professional technologist. All projects submitted for evaluation must have commenced post registration.
Note: Relevant completed projects refer to building construction projects that each have a value of R10 million and above (Including VAT). Criteria Points < 3 Projects 0 points > 3 Projects 5 points 2.2.2 Professional Registration as Professional Engineer (Pr Eng) or Professional Technologist (Pr Tech) with the Engineering Council of South Africa. Provide proof of registration. Criteria Points No registration 0 points Registered with 15 points ECSA as Pr Eng or Pr Tech 2.3 Structural Engineer 2.3.1 List of Completed Relevant work projects as a professional Engineer/ professional technologist. All projects submitted for evaluation must have commenced post registration.
Note: Relevant completed projects refer to structural building construction projects that each have a value of R10 million and above (Including VAT). Criteria Points < 3 Projects 0 points > 3 Projects 5 points Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential 2.3.2 Professional Registration as Professional Engineer (Pr Eng) or Professional Technologist (Pr Tech) with the Engineering Council of South Africa. Provide proof of registration. Criteria Points No registration 0 points Registered with 15 points ECSA as Pr Eng or Pr Tech 2.4 Quantity surveyor 2.4.1 List of Completed Relevant work projects as a professional Engineer/ professional technologist. All projects submitted for evaluation must have commenced post registration.
Note: Relevant completed projects refer to building construction projects that each have a value of R10 million and above (Including VAT). Criteria Points < 3 Projects 0 points > 3 Projects 5 points 2.4.2 Professional Registration as Professional Quantity surveyor (Pr Qs) with the South African Council for Quantity Surveyors Profession (SACQSP). Provide proof of registration. Criteria Points No registration 0 points Registered with 15 points SACQSP as Pr Qs Tel +27 11 723 1400 Fax +27 11 453 9354 Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632 P O Box 75480, Gardenview, Gauteng, South Africa, 2047 www.airports.co.za Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393 ConfidentialConfidential ConfidentialConfidential 3.5.1. Price and Preference SBD 3.3
B-BBEE Minimum Level: 3
Points Allocation: 90 points
B-BBEE Details: le preference point system; or
(b) any other invitation for tender, that either the 80/20 preference point system will apply and
that the lowest acceptable tender will be used to determine the applicable preference point
system,
then the organ of state must indicate the points allocated for specific goals for 80/20 preference point
system.
Table 1: Specific goals for the tender and points claimed are indicated per the table below.
Note to tenderers: The tenderer must indicate how they claim points for each preference point
system.)
Number of
Specific Goals points
(80/20 system)
B-BBEE Status Level 1 5
B-BBEE Status Level 2 4.5
B-BBEE Status Level 3 4
B-BBEE Status Level 4 3
B-BBEE Status Level 5 2
B-BBEE Status Level 6 0.5
B-BBEE Status Level 7 0.3
B-BBEE Status Level 8 0.1
Black youth majority-owned entities 5
Black women majority-owned entities 5
Company majority owned by people with 5
disabilities
Non- compliant contributor 0
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
ConfidentialConfidential
Health & Safety
Source: Tender document for Services 8590 - 09 Sep.pdfa) Guideline for services and processes for estimating fees for persons registered in terms of the
Engineering Profession Act, published by Engineering Council of South Africa (2016).
Stage 1: inception
Convene a project start-up meeting of the project and attend project initiation meetings
Assist in refining the project brief
Consultation with the client or the client’s authorized representative
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
I/We the undersigned ____________________________________________________ (Name) herby
certify that the information furnished in this tender document is true and correct. We further certify that
we understand that where it is found that we have made a false declaration or statement in this tender,
Contractual Terms
Source: Tender document for Services 8590 - 09 Sep.pdfvalid.
1.8. Confidentiality of Information
1.8.1. ACSA will not disclose any information disclosed to ACSA through this bid process to a third
party or any other bidder without any written approval form the bidder whose information is
sought.
Tel +27 11 723 1400 Fax +27 11 453 9354
Western Precinct, Aviation Park, O.R. Tambo International Airport, 1 Jones Road, Kempton Park, Gauteng, South Africa, 1632
P O Box 75480, Gardenview, Gauteng, South Africa, 2047
Airports Company South Africa SOC Ltd Reg No 1993/004149/30 VAT no 4930138393
1.8.2. Furthermore,
1.9.2.1 ACSA will not disclose the names of bidders until the bid process has been finalised.
1.9.2.2 Bidders may not disclose any information given to the bidders as part of this bid process to any
third party without the written approval from ACSA. In the event that the bidder requires to
consult with third parties on the bid, such third parties must complete confidentiality agreements,
which should also be returned to ACSA with the bid.
1.9. ACSA is a National Key Points therefore has to comply with the laws prescribed by the security cluster of
the Country. Bidders may be subjected to security vetting depending on the goods and/or services being
provided. Where deemed necessary, ACSA will not contract with a bidder that does not comply with the
security vetting requirement.
1.10.
1.11. Hot – Line
on functionality. Functionality is the terminology used to define the technical ability of the Tenderer, based
on experience to deliver the required product in accordance with the specialised quality, reliability and
functionality.
3.5.1. Price and Preference
Sbd 3.3
Pricing schedule
(Professional Services)
Note: all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment
insurance fund contributions and skills development levies.
These rules commonly apply to South African public-sector procurement.
Act 53 of 2003
Provides the empowerment-compliance context often used in public-sector supplier evaluation.
Relevant because this is a South African public-sector procurement opportunity.
Act 108 of 1996 (s217)
Sets the constitutional standard for fair, equitable, transparent, competitive and cost-effective public procurement.
Relevant because this is a South African public-sector procurement opportunity.
Act 5 of 2000
Covers preferential procurement and preference-point systems used in public tenders.
Relevant because this is a South African public-sector procurement opportunity.
Act 12 of 2004
Supports anti-corruption controls and supplier integrity in procurement processes.
Relevant because this is a South African public-sector procurement opportunity.
Act 28 of 2024
Provides the national framework for public procurement across government.
Relevant because this is a South African public-sector procurement opportunity.
Act 2 of 2000
Supports access to tender records, award decisions and public-sector procurement information.
Relevant because this is a South African public-sector procurement opportunity.
Act 3 of 2000
Supports lawful, reasonable and procedurally fair administrative tender decisions.
Relevant because this is a South African public-sector procurement opportunity.
This is general procurement context, not legal advice. Always verify requirements in the official tender documents and issuing authority notices.
Tender document for Services 8590 - 09 Sep.pdf
To download these documents and access AI-powered analysis, visit the main tender page.
Organization
Airports Company of South Africa LimitedContact Person
Lerato Phalo
Phone
+27 21 937 1200
[email protected]
Address
Administrative Building, Cape Town International Airport, Matroosfontein, Cape Town, 7490, South Africa
Source confidence
High source confidence
Official source
eTenders.gov.za
Documents found
2
Last checked
11 Sept 2026
AI status
Not enhanced
This tender has strong source evidence, including source metadata and supporting tender information synced from the government tender portal.
Tenders SA is not the issuing authority. All tenders are automatically synced from the official government tender portal. Always confirm final submission details, closing dates, briefing sessions, eligibility requirements, and documents on the official government portal before applying.
Contact
+27 21 937 1200Administrative Building, Cape Town International Airport, Matroosfontein, Cape Town, 7490, South Africa
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Important Dates
Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown){"briefingSession":"{"date":null,"time":null,"venue":"ion, reports and site administration. Consultants must be accredited with ISO9001 compliance and","is_compulsory":false}"}
Contact Information
Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown){"name":null,"email":null,"phone":null,"department":null,"address":"conditions of contract identified in the Contract Data."}
Evaluation Criteria
Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)evaluations, materials, specifications, schedules, reports, calculations, manuals or other
40.2 The quality policy statement and quality plan are provided within 2 weeks of the Contract Date.
Professional Services and fees per project stage (Main Pricing Schedule)
1 Inception Stage 1 (SIPDM 3)
2 Concept Stage
3 Detail Design Stage
Stage 1 Inception Report
Stage 2 Preliminary Design (Concept and Viability)
Stage 3: Detailed Design
Stage 4: Documentation
Stage 5: Construction monitoring
Stage 6: Project close-out
Technical Specifications
Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)Maintenance Contractor Environmental Terms and Conditions to
Commence Work
Methodology
Source: NEC 3 PSC - Terminal Building Refurbishment.pdfObjectives
The project shall be done firstly in accordance with the Employer’s objective as per his appointed NEC Scope
of Works Briefing with detail tasks and deliverables for each of the project stages, i.e. Scoping and Brief Stage,
Preliminary Design Stage, Detail Design and Bid Stage, Working Drawing Stage and Construction Stage.
ISO Quality management System
Part C3 : Scope of Work
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
All projects shall be managed in accordance with strict ISO 9001 quality system ensuring quality in design,
administration, reports and site administration. Consultants must be accredited with ISO9001 compliance and
each project shall be administrated with respect to quality and technical compliance, in accordance with these
strict international Quality Procedures.
Programme and monthly feedback
A detailed programme for each project needs to be submitted within 14days of appointment and updated
regularly/monthly.
Consultation and Client Feedback
Detailed consultation with the designated ACSA representative and on-going feedback and reporting during
feasibility preliminary design, detailed design and construction stages will be essential in delivering optimal
and acceptable solutions which are in line with ACSA specifications and budget allocations. A monthly
progress and cost report shall be done from detail design stage onwards till construction ends.
Understanding the Works
The Employer is not responsible for the failure of the Consultant to understand the precise nature of his
undertaking under this contract or for any erroneous interpretation concerning the conditions affecting his
performance, it being recognized that the Employer provided the Consultant sufficient opportunity to ask the
Employer for clarification of the terms and conditions of this contract prior to submission of his tender to provide
the services.
Compliance with Laws
The Consultant keeps himself fully informed of, and complies with all laws which apply to the Works and/or
Services and/or to Providing the Works and/or Services (including laws which apply to persons employed to
provide the Services and/or Works). “Laws” includes all national and provincial legislation, statutes ordinances
and other laws and regulations and by-laws, orders and decrees of government or other legally constituted
public authority and the common law.
Compliance with Codes & Standards
The Services comply with the codes and standards stated in the Scope. To the extent not stated, the Services
comply with internationally recognised codes and standards which are accepted by the Employer.
In case of conflict between national, international codes, standards or guidelines and/or the requirements
specified in this Scope, and unless otherwise instructed by the Employer, the more onerous one takes
precedence; provided always that the Services comply as a minimum and in any event, with applicable law
and mandatory South African national codes, standards and guidelines.
communication.
Work Plan
Quality Management
Source: NEC 3 PSC - Terminal Building Refurbishment.pdf40.2 The quality policy statement and quality plan are provided within 2 weeks of the Contract Date.
41.1 The defects date is 52 weeks after Completion of the whole of the services.
All projects shall be managed in accordance with strict ISO 9001 quality system ensuring quality in design,
administration, reports and site administration. Consultants must be accredited with ISO9001 compliance and
each project shall be administrated with respect to quality and technical compliance, in accordance with these
strict international Quality Procedures.
Pricing Schedule
Source: NEC 3 PSC - Terminal Building Refurbishment.pdfPart C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)
Part C2 Pricing Data
Part C3 Scope of Work: Works Information
and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.
11.2(14) The activity schedule is in the Pricing Data
11.2(18) The tendered total of the Prices is in the Form of Offer and Acceptance
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Part C2: Pricing Data
C2.1 Pricing Instructions
Part C2: Pricing Data
SCM Ref no.: 8590 Project Number 6187
document below.
The pricing structure is as per the proposal submitted (RFP ref no. 8590) by the Consultants.
Part C2: Pricing Data
SCM Ref no.: 8590 Project Number 6187
of 22 months at Bram Fischer International Airport
Professional Services and fees per project stage (Main Pricing Schedule)
Part C2: Pricing Data
SCM Ref no.: 8590 Project Number 6187
largely succeeded in this aim.
Part C2: Pricing Data
SCM Ref no.: 8590 Project Number 6187
Financial Requirements
Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)Payment Terms: payment certificates, variation orders, progress reports or financial reports
Above expenses by the Tenderer are deemed to be inclusive in their professional fees.
Part C3: Scope of work
C3.1: Employer’s scope
Description of the services
Execut
Compliance Requirements
Source: NEC 3 PSC - Terminal Building Refurbishment.pdf (unknown)that the Principal contractor or contractor is in good standing with the Compensation Fund or
Contractual Terms
Source: NEC 3 PSC - Terminal Building Refurbishment.pdffailure by the Consultant to use the skill and - Consultant to submit
care normally used by professionals Insurance Certificate of
providing services similar to the services Professional Indemnity
Insurance Cover of R 5
Million
death of or bodily injury to a person (not an Consultant to submit
employee of the Consultant) or loss of or Insurance Certificate of
damage to property resulting from an action Insurance for Public
or failure to take action by the Consultant Liability Insurance Cover
for R10 Million
death of or bodily injury to employees of the As prescribed by the
Consultant arising out of and in the course Compensation for
of their employment in connection with this Occupational Injuries and
contract Diseases Act
81.1 The Employer provides insurance cover for the project
82.1 Deductibles:
insurance on their own and then deduct the monthly premiums from the consultant.
Refer to Secondary Clause X11.
10 Data for main Option clause
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
.
21.3 The Consultant prepares forecasts of the total of the expenses at intervals of no longer than 4 weeks.
11 Data for Option W1
W1.1 The Adjudicator is the person selected by the Parties as and when a dispute arises in terms of the
relevant Z Clause, from the Panel of Adjudicators provided under the relevant Z clause
W1.2(3) The adjudicator nominating body is the current Chairman of the Johannesburg Advocates’ Bar Council.
W1.4(2) The tribunal is Arbitration
W1.4(5) The arbitration procedure is as set out in the XXXXXXXXXXXXX Shortened rules of Arbitration.
The place where arbitration is to be held is (Insert suitable location which is to be influenced by the
particular area concerned with the works).
The person or organisation who will choose an arbitrator
if the Parties cannot agree a choice or
if the arbitration procedure does not state who selects an arbitrator,
is the Chairman of the Association of Arbitrators (Southern Africa) or its successor body
12 Data for secondary Option clauses
X7 Delay Damages
Delay damages for each section of the work are 2% per week to the maximum of 10%
of
Total of the Contract value
X10 The Employer’s Agent
X10.1 The Employer’s Agent is
Name: Siseko Tshangana
Address:
Bram Fischer International Airport
N8 Thaba Nchu Road
Bloemfontein
9300
The authority of the Employer’s Agent is Project Manager.
X11 Termination by Employer
X11.1 The Employer may terminate the Consultant’s obligation to Provide the services for a reason not stated
in this contract by notifying the Consultant.
X18 Limitation of liability
X18.1 The Consultant’s liability to the Employer for indirect or consequential loss is Nil
The Employer’s liability to the Consultant for indirect or consequential loss is Nil
The total Direct liability does not exceed 100% of the contract value cumulative total for either party
X18.2 The Consultant’s liability to the Employer for Defects that are not found until after the defects date is
capped at the total of the contract price.
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
X18.3 The end of liability date is 1 years after Completion of the whole of the services.
Additional conditins of contract
Z1 Estimation of fees
It is specifically recorded that the fees charged by the consultant for services rendered in connection with
and/or under this Contract shall be in terms of:
Z2 Tax invoices
The Consultant’s invoice.
Delete the first sentence of core clause 50.2 and replace with:
Invoices submitted by the Consultant to the Employer include
Delete the first sentence of core clause 51.1 and replace with:
Each payment is made by the Employer within four weeks of receiving the Consultant’s invoice showing
the details which this contract requires or, if a different period is stated in the Contract Data, within the
period stated.
Z3 Communications and Notices
Z3.1 Add to the end of the first sentence in core Clause 13.1:
All notices, notifications, requests, demands or other communications shall be deemed to have reached
the other Party –
posting;
Business Day following the date of transmission / publication / delivery.
Z4 Appointment of the Adjudicator
An Adjudicator is appointed when a dispute arises, from the Panel of Adjudicators below. The referring
party nominates an Adjudicator, which nomination is either accepted or rejected by the other party. In the
instance of a rejection of the nominated Adjudicator, the referring Party refers the appointment deadlock
to the Chairman of the Johannesburg Bar Council, who appoints an Adjudicator listed in the Panel of
Adjudicators below.
The Parties appoint the Adjudicator under the NEC3 Adjudicator’s Contract, April 2013
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
Panel of adjudicators
Name Location Contact details (phone & e mail)
Adv. Ghandi Badela Gauteng +27 11 282 3700
Mr. Errol Tate Pr. Eng. Durban +27 11 262 4001
Adv. Saleem Ebrahim Gauteng +27 11 535-1800
Mr. Sebe Msutwana Pr. Eng. Gauteng +27 11 442 8555
Mr. Sam Amod Gauteng [email protected]
Adv. Sias Ryneke SC Gauteng 083 653 2281
Mr. Emeka Ogbugo Pretoria +27 12 349 2027
(Quantity Surveyor) [email protected]
Z4.1 Appointment of the Arbitrator
An Arbitrator is appointed when a dispute arises from the Panel of Arbitrators below. The referring party
nominates an Arbitrator, which nomination is either rejected or accepted by the either party. In the instance
of a rejection of the nominated Arbitrator, the referring party refers the Appointment deadlock to the
Chairman of the Johannesburg Bar Council, who appoints an Arbitrator listed in the Panel of Arbitrators
below. An appointed Arbitrator shall provide his written award no later than 30 days following the last day
of closing arguments.
Panel of arbitrators
Name Location Contact details (phone & e mail)
Adv. Ghandi Badela Gauteng +27 11 282 3700
Mr. Errol Tate Pr. Durban +27 11 262 4001
Eng. [email protected]
Adv. Saleem Gauteng +27 11 535-1800
Ebrahim [email protected]
Mr. Sebe Msutwana Gauteng +27 11 442 8555
Pr. Eng. [email protected]
Mr. Sam Amod Gauteng [email protected]
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
Adv. Sias Ryneke Gauteng 083 653 2281
Mr. Emeka Ogbugo Pretoria +27 12 349 2027
(Quantity Surveyor) [email protected]
Z5 Interpretation of the law
Add to core clause 12.3: Any extension, concession, waiver or relaxation of any action
stated in this contract by the Parties, the Project Manager, the Supervisor, or the Adjudicator
does not constitute a waiver of rights, and does not give rise to an estoppel unless the Parties
agree otherwise and confirm such agreement in writing.
Z6 Providing the Works: Delete core clause 20.1 and replace with the following:
The Consultant will supervise the works in accordance with the Works Information and
warrants that the results of the Works done in accordance with the drawings and
specifications, when complete, shall be fit for their intended purpose.
Z7 Extending the defects date: add the following as a new core clause 46:
Z7.1 If the Employer cannot use the works due to a Defect, which arises after Completion and
before the defects date, the defects date is delayed by a period equal to that during which the
Employer, due to a Defect, is unable to use the works.
Z7.2 If part of the works is replaced due to a Defect arising after Completion and before the defects
date, the defects date for the part of the works which is replaced is delayed by a period equal to
that between Completion and the date by when the part has been replaced.
Z7.3 The Project Manager notifies the Consultant of the change to a defect date when the delay
occurs. The period between Completion and an extended defects date does not exceed twice
the period between Completion and the defects date stated in the Contract Data.
Z8 Termination
Z8.1 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”.
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
Z9 Cession, delegation and assignment
Z9.1 The Consultant 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.
Z9.2 The Employer may, on written notice to the Consultant, cede and delegate its rights and
obligations under this contract to any person or entity.
Z10 Ethics
Z10.1 The Consultant undertakes:
Z10.1.1 not to give or cause 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 Consultant’s breach of this clause constitutes grounds for terminating the Consultant’s
obligation to Provide the Works or taking any other action as appropriate against the
Consultant (including civil or criminal action). However, lawful inducements and rewards shall
not constitute grounds for termination.
Z10.3 If the Consultant 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 Consultant and shall not be used or divulged or
published to any person not being a party to this contract, without the prior written consent of
the Project Manager or the Employer, which consent shall not be unreasonably withheld.
Z11.2 If the Consultant is uncertain about whether any such information is confidential, it is to be
regarded as such until otherwise notified by the Project Manager.
Z11.3 This undertaking shall not apply to –
Z11.3.1 Information disclosed to the employees of the Consultant for the purposes of the
implementation of this agreement. The Consultant 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;
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
Z11.3.2 Information which the Consultant is required by law to disclose, provided that the Consultant
notifies the Employer prior to disclosure so as to enable the Employer to take the appropriate
action to protect such information. The Consultant 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; and
Z11.3.3 Information which at the time of disclosure or thereafter, without default on the part of the
Consultant, enters the public domain or to information which was already in the possession of
the Consultant 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 Project Manager. All rights in and to all such images vests exclusively
in the Employer.
Z11.5 The Consultant ensures that all his Sub-Consultants abide by the undertakings in this clause.
Z12. Employer’s Step-in rights
Z12.1 If the Consultant 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 Project 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 sub-Consultant or supplier of the
Consultant) to do so on his behalf. The reasonable costs of such remedial works shall be borne
by the Consultant.
Z12.2 The Consultant 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 Consultant under the contract or otherwise for and/or in
connection with the works) and generally does all things required by the Project Manager to
achieve this end.
Z13. Intellectual Property
Z13.1 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.
Z13.2 IP rights remain vested in the originator and shall not be used for any reason whatsoever other
than carrying out the works.
Z13.3 The Consultant 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.
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
Z13.4 The Consultant 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:
Z13.4.1 the Consultant’s design, manufacture, construction or execution of the Works;
Z13.4.2 the use of the Consultant’s Equipment, or
Z13.4.3 the proper use of the Works.
Z13.5 The Employer shall, at the request and cost of the Consultant, assist in contesting the claim
and the Consultant may (at its cost) conduct negotiations for the settlement of the claim, and
any litigation or arbitration which may arise from it.
Z14 Dispute resolution: The following amendments are made to Option W1:
Z14.1 Under clause W1.3, in the fourth row of the first column of the adjudication table, the
following words are added after the words “any other matter”: “excluding disputes relating
to termination of the contract”.
Z14.2 The following clauses are added at the end of clause W1.3:
Z14.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No
oral submissions shall be heard during adjudication.”
Z14.2.2 “Disputes relating to or arising from termination of the Contract shall not be determined by an
adjudicator. Any such dispute shall be referred directly to arbitration.”
The Consultant shall be expected to annually present a compliant BEE Certificate. Failure to do Z15
adhere to these requirements shall be considered a material breach of the conditions of this
Contract, the sanction for which may be a cancellation of this Contract.
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Airports company south africa soc limited
Part C1.2 Contract Data
The conditions of contract are the NEC3 Professional Service Contract, April 2013
Each item of data given below is cross-referenced to the clause in the NEC3 Professional Service Contract
to which it mainly applies.
Part two - Data provided by the Consultant
Clause Statement
10.1 The Consultant is (Name):
Address:
Tel No.:
Fax No.:
Email:
22.1 The Consultant’s key persons are:
1 Name:
Job: Principal Agent
Responsibilities:
The tenderer shall within two weeks of receiving a completed copy of this agreement, including the Schedule of Deviations (if
any), contact the Employer’s agent (whose details are given in the Contract Data) to arrange the delivery of any securities,
bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract
identified in the Contract Data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a
repudiation of this agreement.
Dispute resolution Option clause : W1
X7 Delay damages
X9 Transfer of rights
X10 Employer’s Agent
X11 Termination by the Employer
X18: Limitation of liability
Z: Additional conditions of contract
of the NEC3 Professional Services Contract , April 2013.
11.2(10) The following matters will be included in the Risk Register
11.2(11) The Scope is in the document called Part 3: Scope of Work
12.2 The law of the contract is the law of the Republic of South Africa
13.1 The language of this contract is English
13.3 The period for reply is 7 days
13.6 The period for retention is 1 year following Completion or earlier termination
2 The Parties’ main responsibilities
25.2 The Employer provides access to the following persons, places and things
access to access date
1 Any Information Upon award of the project(s)
2 Upon award of the project(s)
81.1 The amounts of insurance and the periods for which the Consultant maintains insurance are
the services or earlier
termination
failure by the Consultant to use the skill and - Consultant to submit
care normally used by professionals Insurance Certificate of
providing services similar to the services Professional Indemnity
Insurance Cover of R 5
death of or bodily injury to a person (not an Consultant to submit
employee of the Consultant) or loss of or Insurance Certificate of
damage to property resulting from an action Insurance for Public
or failure to take action by the Consultant Liability Insurance Cover
for R10 Million
death of or bodily injury to employees of the As prescribed by the
of their employment in connection with this Occupational Injuries and
contract Diseases Act
81.1 The Employer provides insurance cover for the project
82.1 Deductibles:
insurance on their own and then deduct the monthly premiums from the consultant.
9 Termination
Refer to Secondary Clause X11.
.
21.3 The Consultant prepares forecasts of the total of the expenses at intervals of no longer than 4 weeks.
11 Data for Option W1
W1.1 The Adjudicator is the person selected by the Parties as and when a dispute arises in terms of the
relevant Z Clause, from the Panel of Adjudicators provided under the relevant Z clause
W1.2(3) The adjudicator nominating body is the current Chairman of the Johannesburg Advocates’ Bar Council.
W1.4(2) The tribunal is Arbitration
W1.4(5) The arbitration procedure is as set out in the XXXXXXXXXXXXX Shortened rules of Arbitration.
The place where arbitration is to be held is (Insert suitable location which is to be influenced by the
particular area concerned with the works).
9300
The authority of the Employer’s Agent is Project Manager.
X11 Termination by Employer
X11.1 The Employer may terminate the Consultant’s obligation to Provide the services for a reason not stated
in this contract by notifying the Consultant.
X18 Limitation of liability
X18.1 The Consultant’s liability to the Employer for indirect or consequential loss is Nil
The Employer’s liability to the Consultant for indirect or consequential loss is Nil
The total Direct liability does not exceed 100% of the contract value cumulative total for either party
X18.2 The Consultant’s liability to the Employer for Defects that are not found until after the defects date is
capped at the total of the contract price.
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
X18.3 The end of liability date is 1 years after Completion of the whole of the services.
Z7.2 If part of the works is replaced due to a Defect arising after Completion and before the defects
date, the defects date for the part of the works which is replaced is delayed by a period equal to
that between Completion and the date by when the part has been replaced.
Z7.3 The Project Manager notifies the Consultant of the change to a defect date when the delay
occurs. The period between Completion and an extended defects date does not exceed twice
the period between Completion and the defects date stated in the Contract Data.
Z8 Termination
Z8.1 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”.
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
Z9 Cession, delegation and assignment
Z9.1 The Consultant 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.
Z9.2 The Employer may, on written notice to the Consultant, cede and delegate its rights and
obligations under this contract to any person or entity.
Z10 Ethics
Z10.1 The Consultant undertakes:
Z10.1.1 not to give or cause 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 Consultant’s breach of this clause constitutes grounds for terminating the Consultant’s
obligation to Provide the Works or taking any other action as appropriate against the
Consultant (including civil or criminal action). However, lawful inducements and rewards shall
not constitute grounds for termination.
Z10.3 If the Consultant 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 Consultant and shall not be used or divulged or
published to any person not being a party to this contract, without the prior written consent of
the Project Manager or the Employer, which consent shall not be unreasonably withheld.
Z11.2 If the Consultant is uncertain about whether any such information is confidential, it is to be
regarded as such until otherwise notified by the Project Manager.
Z11.3 This undertaking shall not apply to –
Z11.3.1 Information disclosed to the employees of the Consultant for the purposes of the
implementation of this agreement. The Consultant 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;
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
the Consultant 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 Project Manager. All rights in and to all such images vests exclusively
in the Employer.
Z11.5 The Consultant ensures that all his Sub-Consultants abide by the undertakings in this clause.
Z12. Employer’s Step-in rights
Z12.1 If the Consultant 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 Project 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 sub-Consultant or supplier of the
Consultant) to do so on his behalf. The reasonable costs of such remedial works shall be borne
by the Consultant.
Z12.2 The Consultant 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 Consultant under the contract or otherwise for and/or in
connection with the works) and generally does all things required by the Project Manager to
achieve this end.
Z13. Intellectual Property
Z13.1 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
Z13.4 The Consultant 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:
Z13.4.1 the Consultant’s design, manufacture, construction or execution of the Works;
Z13.4.2 the use of the Consultant’s Equipment, or
Z13.4.3 the proper use of the Works.
Z13.5 The Employer shall, at the request and cost of the Consultant, assist in contesting the claim
and the Consultant may (at its cost) conduct negotiations for the settlement of the claim, and
any litigation or arbitration which may arise from it.
Z14 Dispute resolution: The following amendments are made to Option W1:
Z14.1 Under clause W1.3, in the fourth row of the first column of the adjudication table, the
following words are added after the words “any other matter”: “excluding disputes relating
to termination of the contract”.
Z14.2 The following clauses are added at the end of clause W1.3:
Z14.2.1 “The Adjudicator shall decide the dispute solely on the written submissions of the parties. No
oral submissions shall be heard during adjudication.”
Z14.2.2 “Disputes relating to or arising from termination of the Contract shall not be determined by an
adjudicator. Any such dispute shall be referred directly to arbitration.”
The Consultant shall be expected to annually present a compliant BEE Certificate. Failure to do Z15
adhere to these requirements shall be considered a material breach of the conditions of this
shall remain in force whilst they and /or their employees are present on the Client’s premises, or
which shall remain in force for that duration of their contractual relationship with the Client,
whichever period is the longest.
a. Public Liability Insurance Cover as required by the Subcontract Agreement.
Part C1: Agreement and Contract Data
SCM Ref no.: 8590 Project Number 6187
b. Any other Insurance cover that will adequately makes provision for any possible losses and/or
claims arising from their and /or their Subcontractors and/or their respective employee’s acts
and/or omissions on the Client’s premises.
Data conflicts
None detected
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