Maintenance of aeronautical ground lights and control systems for cluster 3 airports

Maintenance service of all Airfield Ground Lighting Systems at King Phalo International Airport, Chief Dawid Stuurman International Airport, and King Shaka International Airports for a period of 5 years. The contract will be based on the NEC 3: Term Service Contract (TSC) framework.

Service Manager: Mthokozisi Zungu

Employer: Airports Company South Africa SOC Limited

Addresses:

• King Shaka Airport: King Shaka Dr, La Mercy, 4405
• King Phalo & Chief Dawid Stuurman Airport: 68 Settlers Way, East London, 5200
• Chief Dawid Stuurman International Airport: Allister Miller Dr, Walmer, Gqeberha, 6070

The contract will be evaluated based on the following:

• Functionality reports submitted after each service.
• Performance monitoring by the ACSA contract manager, including testing and quality checks.
• Service Level Agreements (SLAs) will be enforced, with penalties for non-conformance.

Scope of Work: Maintenance service of all Airfield Ground Lighting Systems at King Phalo International Airport, Chief Dawid Stuurman International Airport, and King Shaka International Airports.

Contract Period: Five (5) years.

Starting Date: Upon signature of the contract by ACSA.

Working Areas: As detailed in Part C3 Service Information.

Contractor's Main Responsibilities: As detailed in Part C3 Service Information.

Key Activities:

• Planned maintenance work.
• Safety procedures.
• Legislated Annexes updates.
• Method statement to be provided.
• Risk Register to be maintained.

Service Hours:

• Airport Working Hours: 08:00 – 17:00 (Weekdays).
• After Hours: 17:01 – 07:59 (Weekdays) and full days on weekends and Public Holidays.
• Maintenance may be required after working hours from 22:00 to 04:00 daily.

The Accepted Plan is included in Part C3 of this document, as submitted by the Contractor and accepted by the Service Manager.

The Contractor's Plan is to be provided within 14 calendar days from the Contract Date.

The Risk Register will include the following matters:

• The method statement.
• Planned maintenance work (Annex B).
• Safety.
• Legislated Annexes update.

Contractor's Key People:

• CVs must be appended to the Tender Schedule.
• For each key person, the following must be provided:
• Name
• Job Title
• Responsibility
• Qualifications
• Experience

Management Meetings:

• Quarterly or annual meetings with the Employer's contract manager (frequency depends on maintenance schedule).
• Monthly meetings between ACSA contract manager and the appointed contractor.
• Quarterly or annual meetings with SCM and contractor.

Reporting:

• Functionality report to be compiled after every service and submitted to the service manager within 10 working days.
• Maintenance reports to be submitted for monitoring, management, and auditing purposes.

Performance Monitoring:

• Evaluation form used to monitor contractor performance.
• SLAs will be enforced with penalties for non-conformance.

Pricing Model: Cost Reimbursable Contract with Activity Schedule.

Instructions:

• Price in accordance with the pricing schedules.
• Provide a detailed breakdown of costs.
• All quoted rates apply to Task Orders (additional work).
• Indicate 'N/A' or 'included in cost elsewhere' for non-applicable items.

Annual Maintenance Price:

• Must include all costs: labour, consumables, travel, and accommodation.

Task Order Pricing:

• Includes the first two hours (travelling, accommodation, labour, repairs).
• Hourly rates apply for work exceeding two hours.
• Claims must be based on proven Task Order costs.

Critical Spares Holding:

• Claims require prior ACSA approval and proven cost.
• Pricing for spares includes delivery costs.

Permit Costs:

• Paid upfront by the bidder; reimbursed by ACSA upon proof of payment.
• No mark-up on permit costs.
• Costs for lost permits or new employees will not be reimbursed.

3rd Party Procured Items and Services:

• Spares and sub-contracted work charged at cost plus mark-up (VAT excluded from mark-up).
• ACSA to provide storeroom.
• Quotes must be market-related; provide supplier receipts.

Final Offer:

• Must be inclusive of VAT, with VAT portion indicated separately.
• Payment against proven cost.
• CPI value for estimation; applicable CPI at contract anniversary.

Contract Price Escalation:

• Year 1: 0% value increase.
• Years 2-5: 6% annual increase.

Pricing Model: Cost Reimbursable Contract with Activity Schedule.

Pricing Instructions:

• Bidders must price in accordance with the provided pricing schedules.
• A detailed breakdown of costs is required.
• All quoted rates will apply to Task Orders for additional work.
• Indicate 'N/A' or 'included in cost elsewhere' for non-applicable items.

Annual Maintenance Price:

• Must include all costs: labour, consumables, travel, and accommodation.

Task Order Pricing:

• Includes the first two hours (travelling, accommodation, labour, repairs).
• Hourly rates apply for work exceeding two hours.
• Claims for Task Orders must be based on proven costs.

Critical Spares Holding:

• Claims require prior ACSA approval and proven cost.
• Pricing for spares includes delivery costs.

Permit Costs:

• Paid upfront by the successful bidder; reimbursed by ACSA upon proof of payment.
• No mark-up on permit costs.
• Costs for lost permits or new employees will not be reimbursed.

3rd Party Procured Items and Services:

• Spares and sub-contracted work charged at cost plus mark-up (VAT excluded from mark-up).
• ACSA will provide storeroom facilities.
• Quotes for spares/materials must be market-related; contractor to provide supplier receipts.

Final Offer:

• Must be inclusive of VAT, with the VAT portion indicated separately.
• Payment for the contract will be against proven cost.
• CPI value in the price list is for estimation; applicable CPI will be at the contract anniversary date.

Contract Price Escalation:

• Year 1: 0% value increase.
• Years 2-5: 6% annual increase.

B-bbee:

• Contractor must annually present a compliant BEE Certificate and a Tax Clearance Certificate.
• Failure to comply is a material breach, potentially leading to contract cancellation.

Occupational Health and Safety (OHS):

• Agreement in terms of Section 37(2) of the OHS Act and Construction Regulation 5.1(k).
• Contractor must ensure compliance with the OHS Act and its regulations, and ICAO Regulations.
• A written agreement must be concluded before work commences.
• Requirements include baseline risk assessment, appointment of competent persons, enforcement of safety discipline, use of PPE, safe working practices, incident reporting, and obtaining permits.
• Contractor must be an employer in its own right with OHS duties.

Insurance:

• COID Act coverage for all employees, with proof of good standing required.
• Public Liability Insurance and other adequate cover as per subcontract agreement.
• Aviation liability insurance cover for an indemnity limit not less than R300,000.
• Proof of insurance to be submitted annually.

Other:

• Contractor's Key People: CVs to be appended to Tender Schedule, including Name, Job, Responsibility, Qualifications, and Experience.

The Contractor must annually present a compliant BEE Certificate and a Tax Clearance Certificate. Failure to do so will be considered a material breach of contract, potentially leading to cancellation.

Occupational Health and Safety Agreement (Section 37(2) of OHS Act & Construction Regulation 5.1(k)).

Objectives:

• Assist Airports Company South Africa (ACSA) in complying with the Occupational Health & Safety Act and COID Act.
• Agreement must be concluded before any contractor work commences.

Parties:

• Client: AIRPORTS COMPANY SOUTH AFRICA (King Shaka, King Phalo Airport & Chief Dawid Stuurman International Airport).
• Mandatory/Principal Contractor: To be identified.

Mandatory's Main Scope of Work: Maintenance service of all Airfield Ground Lighting Systems for a period of 5 years.

General Information:

• Contractor must be familiar with the OHS Act and applicable Regulations.
• If using own subcontractors, a similar written agreement must be concluded.
• Contractor must contact the Client if unable to perform as per the agreement.
• All documentation according to the Safety checklist, including written Construction Manager appointment, must be submitted 7 days before work commences.

Undertaking:

• Contractor undertakes to comply with the OHS Act and its regulations.

Insurance:

• Contractor warrants employees are covered under the COID Act; proof of good standing required.
• Contractor must possess Public Liability Insurance and any other cover for possible losses/claims.

Compliance with OHS Act:

• All work performed on Client's premises under close supervision of trained employees.
• Responsibility assigned under Section 16(1) of OHS Act; written assignment of duties under Section 16(2) to be forwarded to Client.
• Baseline risk assessment by a competent person before commencement.
• Appointment of competent, trained persons.
• Strict enforcement of OHS discipline.
• Required PPE to be issued and worn at all times.
• Written safe working practices/procedures to be available and enforced.
• No unsafe equipment/machinery to be used.
• Incidents/accidents to be reported to Provincial Director: Department of Labour and the Client.
• Client's machinery/equipment not to be used without prior written approval.
• Permits required for specific work to be obtained before commencement.
• No alcohol or intoxicating substances allowed on premises; individuals suspected to be under the influence will be removed.
• Full participation in Client's OHS inquiries.

Further Undertaking:

• Only a duly authorised representative (Section 16.2 Appointee) can sign the agreement.
• Contractor must report unhealthy/unsafe conditions to Client management in writing.
• Contractor must not endanger the health & safety of Client's employees or others.
• No work may commence until this procedure is completed, signed, and received by the Client.
• Non-compliance may lead to immediate contract cancellation.

Environmental Terms and Conditions (EMS 048):

• ACSA's Environmental Policy must be communicated and implemented.
• No contamination of storm water, soil, or groundwater.
• Spills must be reported immediately and cleaned up.
• Equipment washing, maintenance, and refuelling only in designated service areas.
• No leaking equipment or vehicles permitted on site.
• Dust generation to be minimized.
• Odours and emissions to be reduced.
• No open fires permitted.
• Noise levels to be minimized per applicable regulations.
• Waste to be separated (general/hazardous) and disposed of appropriately.
• No dumping, burying, or burning of waste.
• Work areas to be maintained as tidy and litter-free.
• Contractor must maintain records of waste management (company, site, quantities, manifests, permits).
• Hazardous Chemical Substances (HCS) to be clearly labelled, stored, and handled per MSDS.
• Spillages of HCS to be cleaned up immediately and disposed of as hazardous waste.
• Water and energy conservation measures to be identified and managed.
• Training and awareness on these conditions for all contractor staff.

Penalties:

• Penalties between R200 and R20,000 may be imposed for infringements.
• Decision on penalty amount by ACSA's Airport Environmental Management Representative in consultation with the Airport Manager.
• Contractor must rectify any damage caused by infringements.
• Penalties do not replace legal proceedings.

Contract Type: NEC 3: Term Service Contract (TSC).

Contract Data Provided by Employer:

• Core Clauses: A (Priced contract with activity schedule), W1 (Dispute resolution procedure).
• Secondary Options: X1 (Price Adjustment for inflation), X2 (Changes in the law), X18 (Limitation of Liability), Z (Additional conditions of contract).
• Law of Contract: Republic of South Africa.
• Language: English.
• Period for Reply: 7 calendar days.
• Contractor's Plan: Within 14 calendar days from Contract Date.
• Starting Date: Upon signature of the contract by ACSA.
• Service Period: Five (5) years.
• Payment Assessment Interval: 25th day of each month; payment within 30 days of invoice.
• Currency: South African Rand (ZAR).
• Interest Rate: Prime lending rate of Nedbank Bank.
• Risks and Insurance: Refer to Part C1.4. Employer provides Contract Works, SASRIA, Marine & Air Cargo, and Public Liability Insurance. Contractor provides Professional Indemnity Insurance.
• Dispute Resolution:
• Adjudicator: Appointed from a panel, with deadlock resolved by the Chairman of the Johannesburg Advocates Bar Council.
• Tribunal: Arbitration.
• Arbitration Procedure: Rules for the Conduct of Arbitrations 2013 Edition.
• Place of Arbitration: Johannesburg, South Africa.
• Price Adjustment for Inflation: Based on CPI index on starting date, adjustments on contract anniversary.
• Limitation of Liability:
• Contractor's indirect/consequential loss limited to Nil.
• Contractor's liability for Employer's property damage limited to Total Costs Incurred and/or Damages suffered.
• Contractor's total liability limited to Total Costs Incurred and/or Damages suffered to Employer's property.
• Excluded matters include property damage, defects liability, insurance liability, death/injury, IP infringement.
• Employer's liability for Contractor's indirect/consequential loss limited to R0.00.

Additional Z Clauses:

• Z1 Interpretation of the law.
• Z2 Providing the Service: Contractor warrants results are fit for purpose.
• Z5 Termination: Business rescue proceedings added as grounds for termination.
• Z7 Limitation of Liability: Employer's liability for Contractor's indirect/consequential loss is R0.00.
• Z8 Cession, delegation and assignment: Contractor requires written consent; Employer may cede/delegate.
• Z10 Ethics: Prohibits illegal/corrupt practices; breach can lead to termination.
• Z11 Confidentiality: Information treated as confidential; exceptions apply.
• Z12 Employer’s Step-in rights: Employer may remedy Contractor defaults.
• Z13 Liens and Encumbrances: Contractor keeps equipment free of liens.
• Z14 Intellectual Property: IP rights remain vested in originator; Contractor grants licence to Employer.
• Z15 Dispute resolution: Details for Adjudicator and Arbitrator appointment.
• Z16 Notification of compensation event: 'Eight weeks' replaced with 'four weeks'.
• Z17 B-BBEE and Tax Clearance Certificates: Annual presentation required.
• Z18 Communication: Written consent required for changes to scope or completion date extensions.
• Z19 Delegation: Contractor acknowledges OHS Act employer duties.