Acknowledgement of Debt - etenders.gov.za Rec... · also only be permissible in the case of pre-existing commercial relations which do not pertain to the subject of this tender. 1.4

Issue: 1 Issue Date: 28/02/2014

Page 1

Request for Quotations for the Provision of

Replacement of Booth gates with new security

Turnstiles with metal detectors and card readers at

Baggage Basement TA and TB, ORTIA

RFQ Number: : 57487

Issue Date : 20 December 2017

Closing Date : 29 January 2018 @ 16H00

Briefing Session Date and Time

: 23 January 2018 @ 10H00

Site Inspection : N/A

1. SECTION 1: INSTRUCTIONS TO BIDDERS

1.1. Submission of RFQ documents

The documents must be signed and completed by a person who has been given authority to act on

behalf of the bidder. The bottom of each page of the bid documents must be signed or stamped with

the bidder’s stamp as proof that the bidder has read the tender documents.

1.1.1. Email submissions:

The bid documents must be sent to the following email address:

[email protected]

1.2. Late Bids

Bids which are submitted after the closing date and time will not be accepted.

1.3. Clarification and Communication

Name: Sandra Sebokolodi

Designation: Buyer

Tel: 011 723 2636

Email: [email protected]

Fax: +27 (0) 86 603 6520

1.3.1. Request for clarity or information on the tender may only be requested until. 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 Quotation invitation.

1.3.2. Bidders may not contact any ACSA employee on this tender other than those listed above.

Contact will only be allowed between the successful bidder and ACSA Business Unit

representatives after the approval of a recommendation to award this tender. Contact will

mailto:[email protected]


also only be permissible in the case of pre-existing commercial relations which do not pertain

to the subject of this tender.

1.4. Bid Responses

Bid responses must be strictly prepared and returned in accordance with this tender document. Bidders

may be disqualified where they have not materially complied with any of ACSA’s requirements in terms

of this tender document. Changes to the bidder’s submission will not be allowed after the closing date

of the tender. All bid responses will be regarded as offers unless the bidder indicates otherwise. No

bidder or any of its consortium/joint venture members may have an interest in any of the other

bidder/joint venture/consortium participating in this bid.

1.5 Compulsory Briefing Session

23rd January 2018

3rd Floor Mezzanine

Mechanical and Engineering Department

@10H00

1.5. Disclaimers

It must be noted that ACSA reserves its right to:

1.5.1. Award the whole or a part of this tender;

1.5.2. Split the award of this tender;

1.5.3. Negotiate with all or some of the shortlisted bidders;

1.5.4. Award the tender to a bidder other than the highest scoring bidder where objective criteria

allow;

1.5.5. To reject the lowest acceptable tender received; and/or

1.5.6. Cancel this tender.

1.6. Validity Period

(*Please ensure that the validity period stated below will allow ACSA to properly evaluate and finalise

the process)

1.6.1. ACSA requires a validity period of ninety (90) business/working days for this tender. During

the validity.

1.6.2. period the prices which have been quoted by the bidder must remain firm and valid. It is only

in exceptional circumstances where ACSA would accommodate a proposal to change the

price.

1.7. Confidentiality of Information

1.7.1. ACSA will not disclose any information disclosed to ACSA through this tender process to a

third party or any other bidder without any written approval form the bidder whose information

is sought. Furthermore,

1.7.2. ACSA will not disclose the names of bidders until the tender process has been finalised.

1.7.3. Bidders may not disclose any information given to the bidders as part of this tender 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 tender, such third parties must complete confidentiality

agreements, which should also be returned to ACSA with the bid.

1.8. Hot – Line

ACSA subscribes to fair and just administrative processes. ACSA therefore urges its clients, suppliers

and the general public to report any fraud or corruption to:

Airports Company South Africa TIP-OFFS ANONYMOUS

Free Call: 0800 00 80 80

Free Fax: 0800 00 77 88

Email: [email protected]

2. SECTION 2: PRE-QUALIFICATION CRITERIA

2.1. In terms of the PPPFA Regulation 4, an organ of state can apply pre-qualifying criteria to advance

certain Designated Groups.

2.2. A tenderer that fails to meet the above-mentioned pre-qualifying criteria at closing date, will be

disqualified.

3. SECTION 3: LOCAL CONTENT AND PRODUCTION (IF APPLICABLE)

3.1. Introduction

In terms of the PPPFA bids in respect of goods, services or works that have been designated for local

production and content, must contain a specific bidding condition that only locally produced goods,

services or works or locally manufactured goods with a stipulated minimum threshold for local content

and production will be considered. This tender fall within a designated sector and ACSA is therefore

required to stipulate the minimum threshold for local production and content. The minimum threshold

for local content and production for this tender is ___________________ of the bid price. Any bidder

who fails to meet the minimum threshold for local production and content will be disqualified from the

process. To this end, bidders must complete a declaration certificate for local content and production

(SBD 6.2) which is Annexure …. of this tender document. Failure to return a completed SBD 6.2 form

will make a bidder liable for disqualification.

3.2. Calculation of local content and production

Local content means that portion of the bid price which is not included in the imported content, provided

that local manufacture does take pace. Imported content means the portion of the bid price represented

by the cost the cost of components, parts or materials which have been or are still imported (whether

by the supplier or its sub-contractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs, such as landing costs, dock dues, import duty, sales duty or other

similar tax or duty at the South African port of entry. The South African Bureau of Standards (SABS)

approved technical specification number SATS 1286:201x will be used to calculate local content. The

formula to be used to calculate local content is as follows:

𝐿𝐶 = 1 ( 𝜒

𝑦) 𝑋 100

Where:

X represents imported content

Y represents bid price excluding value added tax

Prices referred to in the determination of x will be converted to Rand (ZAR) by using the exchange rate

published by the South African Reserve Bank (SARB) at 12:00 on the date, one week (7 calendar days)

prior to the closing date of the bid.

3.3. Declaration certificate for local production and content (SBD 6.2)

3.3.1. This Standard Bidding Document (SBD) must form part of all invited bids. It contains general

information and serves as a declaration form for local content (local production and local

content are used interchangeably).

3.3.2. Before completing this declaration, bidders must study the General Conditions, Definitions,

Directives applicable in respect of Local Content as prescribed in the PPPFA and the SABS

approved technical specification number SATS 1286:201x.

3.4. General Conditions

3.4.1. PPPFA (Regulation 8 makes provision for the promotion of local production and content.

3.4.2. Regulation 8(2) prescribes that in the case of designated sectors, where in the award of bids

local production and content is of critical importance, such bids must be advertised with the

specific bidding condition that only locally produced goods, services or works or locally

manufactured goods, with a stipulated minimum threshold for local production and content

will be considered.

3.4.3. Where necessary, for bids referred to in paragraphs 2.4.2, a two-stage bidding process may

be followed, where the first stage involves a minimum threshold for local production and

content and the second stage price and B-BBEE.

3.4.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such

a manner that the local production and content of the overall value of the contract is reduced

to below the stipulated minimum threshold.

3.4.5. A bid will be disqualified if:

3.4.5.1. The bidder fails to achieve the stipulated minimum threshold for local production

and content indicated in paragraph 2.6 below; and

3.4.5.2. The completed SBD 6.2 form together with its declaration, is not submitted as part

of the bid documentation.

3.5. Definitions

3.5.1. “Bid” means a written offer in a prescribed or stipulated form in response to an invitation by

ACSA for the provision of services, works or goods, through price quotations, advertised

competitive bidding processes or proposals;

3.5.2. “Bid Price” price offered by the bidder, excluding value added tax (VAT);

3.5.3. “Contract” means the agreement that results from the acceptance of a bid by an ACSA;

3.5.4. “Designated sector” means a sector, sub-sector or industry that has been designated by

the Department of Trade and Industry in line with national development and industrial policies

for local production, where only locally produced services, works or goods or locally

manufactured goods meet the stipulated minimum threshold for local production and content;

3.5.5. “Duly Sign” means a Declaration Certificate for Local Content that has been signed by the

Chief Financial Officer or other legally responsible person nominated in writing by the Chief

Executive, or senior member / person with management responsibility (close corporation,

partnership or individual).

3.5.6. “Imported Content” means that portion of the bid price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by the

supplier or its subcontractors) and which costs are inclusive of the costs abroad, plus freight

and other direct importation costs, such as landing costs, dock duties, import duty, sales duty

or other similar tax or duty at the South African port of entry;

3.5.7. “Local Content” means that portion of the bid price which is not included in the imported

content, provided that local manufacture does take place;

3.5.8. “Stipulated Minimum Threshold” means that portion of local production and content as

determined by the Department of Trade and Industry; and

3.5.9. “Sub-Contract” means the primary contractor’s assigning, leasing, making out work to, or

employing another person to support such primary contractor in the execution of part of a

project in terms of the contract.

3.6. The stipulated minimum threshold(s) for local production and content for this bid is/are as follows:

Description of service, works or goods Stipulated minimum threshold

%

%

%

3.7. Does any portion of the services, works or goods offered have any imported content? YES/NO

3.8. If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in

paragraph 2.3 above must be the rate(s) published by SARB for the specific currency at 12:00 on the

date, one week (7 calendar days) prior to the closing date of the bid.

3.9. The relevant rates of exchange information is accessible on www.reservebank.co.za.

3.10. The rate(s) of exchange against the appropriate currency is as follows:

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate(s) of exchange used.

LOCAL CONTENT DECLARATION BY CHIEF FINACIAL OFFICER OR OTHER LEGALLY

RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR

MEMBER / PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION,

PARTNERSHIP OR INDIVIDUAL)

http://www.reservebank.co.za/

IN RESPECT OF RFQ No. -__________________________________________________________________

ISSUED BY: (Airports Company South Africa SOC Ltd):

_____________________________________________________________________________________

____

NB: The obligation to complete, duly sign and submit this declaration cannot be transferred to an external

authorized representative, auditor or any other third party acting on behalf of the bidder.

I, the undersigned, _______________________________________________________________ (full

names),

do hereby declare, in my capacity as

___________________________________________________________

of _________________________________________________________ (name of bidder entity), the

following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that the goods/services/works to be delivered in terms of the above-specified bid

comply with the minimum local content requirements as specified in the bid, and as measured in terms

of SATS 1286.

(c) The local content has been calculated using the formula given in clause 3 of SATS 1286, the rates of

exchange indicated in paragraph 2.3 above and the following figures:

Bid price, excluding VAT (y) R…

Imported content (x) R…

Stipulated minimum threshold for Local content (paragraph 2.6 above)

Local content % , as calculated in terms of SATS 1286

If the bid is for more than one product, a schedule of the local content by product shall be attached.

(d) I accept that the Airports Company South Africa SOC Ltd has the right to request that the local content

be verified in terms of the requirements of SATS 1286.

(e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in

this application. I also understand that the submission of incorrect data, or data that are not verifiable

as described in SATS 1286, may result in the Airports Company South Africa SOC Ltd imposing any or

all of the remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011

promulgated under the Preferential Procurement Policy Framework Act (PPPFA), 2000 (Act No. 5 of

2000).

SIGNATURE: DATE:

WITNESS No.1: DATE:

WITNESS No 2: DATE:

4. SECTION 4: BACKGROUND, PURPOSE, AND SCOPE OF WORK

4.1. Background

4.1.1. Since inception approximately 20 years ago, Airports Company South Africa Limited (ACSA)

has transformed into a focused, profitable and commercial enterprise that is market-driven

and customer service oriented. The principal ACSA sites comprise of major international

airports namely O.R. Tambo (ORTIA), Cape Town (CTIA) and King Shaka (KSIA). The other

sites are, Bram Fischer (Bram), Upington (UTN), Port Elizabeth (PLZ), East London Airport,

George Airport, Kimberley Airport and the Corporate Office.

4.1.2. The sustained growth in traffic over the years, coupled with a creative and performance

focused management and leadership team have contributed to the Company’s excellent

financial performance over time. This has enabled the Company to transform South Africa’s

airports into world-class airports, delivering value for customers, stakeholders, shareholders

and employees.

4.1.3. ACSA is focused on creating and operating world-class airports measuring up to international

standards. Numerous international awards won by certain of its airports over the years

confirm that the Company has largely succeeded in this aim. This is also shown in the latest

ratings for example, O.R. Tambo, Cape Town, and King Shaka international airports rated

first, second and third respectively in the Best Airport ACI-ASQ awards for Africa

4.2. Scope of Work

SUPPLY AND INSTALLATION OF BAGGAGE BASEMENT ACCESS TURNSTILES AT O.R.

TAMBO INTERNATIONAL AIRPORT

Edition: December 2017

Reference number: RFQ 57487

Contents

The Tender

Part T1: Tendering procedures

T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

Part T2: Returnable documents

T2.1 List of Returnable Documents

T2.2 Returnable Schedules

The Contract

Part C1: Agreement and Contract Data

C1.1 Form of Offer and Acceptance

C1.2 Contract Data

C1.3 Parent Company Guarantee

C1.4 Insurance Schedule

Part C2: Pricing data

C2.1 Pricing Instructions

C2.2 Bill of Quantities: Option B

Part C3: Service information

C3 Service Information

Part C4: Site information

C4 Site Information

List of Returnable Documents T2.1 page 1

T1.1 Tender Notice and Invitation to Tender

AIRPORTS COMPANY SOUTH AFRICA invites tenders for converting the controls of hydraulic road blockers from automatic to manual operation at O.R. Tambo International Airport (ORTIA).

Only Tenderers that satisfy the eligibility criteria (as stated elsewhere in this document) will be allowed to tender.

Compulsory Briefing Meeting

A compulsory briefing meeting with representatives of the Employer will take place on 10h00 on Tuesday, 23 January 2018 at Mechanical Maintenance Boardroom, Mezzanine Floor, ACSA North Wing Offices, O R Tambo International Airport.

Documents to be downloaded on National Treasury website

www.treasury.gov.za under the e-Tender Publication Portal for tender opportunities.

Closing Date

The closing time for receipt of tenders is Friday, 29 January 2018 (South African Time). Tenders must be submitted at SCM O.R. Tambo International. No telephonic, faxed or e-mailed tenders will be accepted. No late tenders will be accepted.

Tenders may only be submitted on the tender documentation that is published.

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data.

http://www.treasury.gov.za/


Enquiries and Contact Information

All enquiries should be addressed to the e-mail address: [email protected]

T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the Construction Industry Development Board (CIDB) Standard for Uniformity in Construction Procurement. (Refer www.cidb.org.za) as set out in Board Notice 86 of 2010.

The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.


http://www.cidb.org.za/


Clause number

Tender Data

F.1.1 The Employer is AIRPORTS COMPANY SOUTH AFRICA.

F.1.2 The tender documents issued by the employer comprise:

T1.1 Tender notice and invitation to tender

T1.2 Tender data

T2.1 List of returnable documents

T2.2 Returnable schedules

Part 1: Agreements and contract data

C1.1 Form of offer and acceptance

C1.2 Contract data as per the NEC3 Engineering and Construction Contract (June 2005 edition)

C1.3 Forms of Securities


Part 2: Pricing data

C2.1 Pricing instructions

C2.2 Bill of Quantities: Option B

Part 3: Scope of Work

C3 Scope of Work

Part 4: Site information

C4 Site information

F.1.4 The employer’s agent is:

Name:


F.2.1 Only those tenderers who satisfy the following Mandatory Administrative Requirements are eligible to submit tenders:

1. Attendance of a compulsory site meeting 2. Complying with T2.1 List of Returnable Documents. 3. Tenderers should have a CIDB Contractor Grading of 2ME / 2GB / 2EB / 2EP or

higher are allowed to tender. 4. All submitted personnel qualifications must be SAQA (South African Qualifications

Authority) accredited. All foreign qualifications must be accompanied by a letter from SAQA confirming compliance with NQF levels

5. Registration with CSD (national treasury) and submit proof

Please Note:

No award will be made to a supplier or service provider who is not registered on the Central Supplier Database (CSD).

Prequalification

To advance designated groups in line with the Preferential Procurement Regulations of 2017, only bidders complying with the following are allowed to bid:

• Tenderers to have a B-BBEE level 4 or higher.

• Tenderers or bidders must be an EME or QSE which is at least 51% owned by black people.

Functionality

Tenderers must have experience, in terms of undertaking the relevant work including controls installations and supplies or similar in the Tenderer’s Experience and References in Part T2.2.

Tenderers must achieve a total minimum qualifying score of 60 points of the total functionality points of 100 for their bid to progress to the next stage. Bidders are expected to score the minimum threshold for each criterion to achieve the total minimum qualifying score of 60 points as set out in the table below.


The intended procedure for the evaluation of responsive tenders is Method 2.Quality criteria

WQ

Sub criteria *Max Score

Minimum

Threshold Quality Score

Proposed system concept

30

Concept description and schematic layout

30

18

Resource proposal 40 Certified Qualifications 20 12

Years of experience 20 12

Work schedule 15 Project plan/schedule 10 6

Completion and delivery date 5 3

References and

experience 15

References 8 5

Similarity in type of completed/on-going works 7 4

The obligation to demonstrate compliance with all the above will remain with the Tenderer and ACSA’s decision in this regard will be final.

Functionality breakdown

Proposed System Concept - (30)

The following criteria are evaluated as minimum criteria for the quality of the solution submitted. It does not detract in any way from the requirement(s) of the Scope of Work in the Contract.

Concept design: (30)

➢ The concept design shows complete and clear schematics of how the proposed system will work, clear operating philosophy and detailed and complete product specifications proposed. = 30

➢ The concept design shows only core schematics of how the proposed system will work, clear operating philosophy and detailed and complete product specifications proposed. =18

➢ The concept design has poor schematics, poor operating philosophy, and incomplete product specifications.=0 =

Qualifications of key personnel 20: Proof of qualification should be attached to the resource’s CV.

Site/Project Manager Technician (10)

B Tech or Higher

Electronics/Electromechanical/Electrical

Technical N Diploma and safety=10


and safety training = 10

N6 or National Diploma

Electronics/Electromechanical/Electrical

and safety training = 8

Trade certificate

Electrician/Millwright/Mechanician and safety= 8

Lesser qualification = 0 Lesser qualification = 0

Years of Experience 20: Detailed description of relevant experience should be included in the resources’ CV.

B Tech (10) Technician (10)

Less than 5 years = 4 Less than 3 years =4

5 to 10years = 8 3 to 5 years=8

More than 10 years = 10 More than 5 years = 10

Work schedule 15: The Tenderer should provide a schedule of the project with the following details showing how construction will be progressing from procurement to completion.

Project plan/ schedule (10)

Relevancy of activities to the scope of the project = 10

• Activities are logical sensible and clearly show Procure, installations, test, commissioning and quality assurance hold points = 10

• Activities are sensible and are likely to meet the requirements = 6

• Activities are not sensible or logical and not likely to meet the set requirements = 0

Completion date within time = 5

• Completion and handover within 8 weeks = 5

• Completion and handover in 10 weeks = 3

• Completion and handover in more 10 weeks = 0

References and Experience 15: The Tenderer should provide proof of company references of similar works

previously completed. Similar works include controls installations and supplier.

References (8)

No References = 0

1 References = 3

2 References = 5

3 References = 8

Similarity in work type and value (7)


For the References provided above, the Tenderer should refer to works that are similar in nature to the scope and size of this work. Preference is given to similarity in type of work:

Similarity in type of work previously completed/on-going (9)

Completed/On-going Conversion of a Booth door system to turnstile door system OR vice versa (7)

Completed/On-going Conversion of any mechanical system controls from manual to automatic OR vice versa. = 4

No similar work completed or on-going = 0

F.2.7

The arrangements for a compulsory site meeting are as stated in the Tender Notice and Invitation to Tender.

Confirmation of attendance to be forwarded by e-mail to:

E-mail: [email protected]

Tenderers must sign the attendance list in the name of the tendering entity. Addenda will be issued to and tenders will be received only from those tendering entities appearing on the attendance list.



F.2.12

If a tenderer wishes to submit an alternative tender offer, it must demonstrably satisfy the Employer’s standards and requirements as per the original tender document. An alternative offer may only be submitted if an offer that fully satisfies the original tender document requirements is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed.

Calculations, drawings and all other pertinent technical information and characteristics as well as modified or proposed Pricing Data must be submitted with the alternative tender offer to enable the Employer to evaluate the efficacy of the alternative and its principal elements, to take a view on the degree to which the alternative complies with the Employer’s standards and requirements and to evaluate the acceptability of the pricing proposals. Calculations must be set out in a clear and logical sequence and must clearly reflect all assumptions. Pricing Data must reflect all assumptions in the development of the pricing proposal.

Acceptance of an alternative tender offer will imply acceptance in principle of the offer. It will be an obligation of the contract for the tenderer, in the event that the alternative is accepted, to accept full responsibility and liability that the alternative offer complies in all respects with the Employer’s standards and requirements.

F.2.13.3 Parts of each tender offer communicated on paper shall be submitted as an original, plus one copy in separate and sealed envelopes.

F.2.13.5

The Employer’s address for delivery of tender offers and identification details to be shown on each tender offer package are:

Location of tender box: 3rd Floor, ACSA North wing offices

Physical address: O R Tambo International Airport, Kempton Park

Identification details: Reference number, title, tenderer’s name and contact details

F.2.13.6 A two-envelope procedure will not be followed.

F.2.13.9 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

F.2.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender.


F.2.16 The tender offer validity period is 120 days.

F2.18 During the tender process, the tenderer must submit other material requested by the employer within seven calendar days of being requested to do so.

F2.23 The tenderer shall also supply the Employer with any certificates requested in T2.1 (The list of tender returnable documents).

F.2.23 The tenderer is required to submit with his tender a Certificate of Contractor Registration issued by the Construction Industry Development Board (or a copy of the application form for registration in terms of the Construction Industry Development Board Act (Form F006)).

Only those tenderers who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a CLASS 3EP/EB of construction work, are eligible to submit tenders. Where a tenderer satisfies CIDB contractor grading designation requirements through joint venture formation, such tenderers must submit the Certificates of Contractor Registration in respect of each member.

The requirements of the Construction Industry Development Board Act and the Regulations may change from time to time and ACSA will be required to apply the version of the Construction Industry Development Board Act and Regulations applicable at the time of contract award. Tenderers should keep themselves updated on these requirements. Further information on the CIDB and CIDB registration can be found on the CIDB website www.cidb.org.za.

F.3.8. Only responsive tenders that satisfy the eligibility criteria (as per F.2.1 in this document) will be evaluated.


F.3.11 Only responsive tenders that satisfy the eligibility criteria (as per F.2.1 in this document) will be evaluated.

The intended procedure for the evaluation of responsive tenders is the 90/10 principle.

Points will be scored for: 1. Price – 80 2. BBBEE (in accordance with the most recent rules of the ACSA Tender Board) – 20

F.3.17 The number of paper copies of the signed contract to be provided by the employer is two.

F.4 The additional conditions of tender are: 1 ACSA shall not be liable for any expense incurred by any tenderer in the preparation and

submission of its tender, nor in the event, is this tender cancelled. 2 ACSA reserves the right to amend the terms and conditions of this tender at any time prior

to finalisation of the contract between the parties. 3 ACSA reserves the right to award this tender to any tenderer, regardless if this tenderer

should be the lowest priced or not. 4 ACSA reserves the right to award this tender to any tenderer, regardless if this tenderer

should be the highest scored (in terms of F.3.11) or not. 5 ACSA reserves the right to cancel this tender at any time. 6 A contract in respect of the Services will not necessarily result from the tender responses

received by ACSA and ACSA reserves the right to conduct a further procurement process with or without a request for tender or to enter into negotiations with any one or more of the tenderers, should it decide to proceed to avoid the contract

T2.1 List of Returnable Documents


1 Returnable Schedules required for tender evaluation purposes

• C1.1 Form of Offer and Acceptance

• C2.2 Activity Schedule

• Certificate of authority to sign tender

• Record of Addenda to Tender Documents

• Proposed Amendments and Qualifications

• Schedule of the Tenderer’s Experience and References

• Schedule of key personnel’s details

• Schedule of resources for the contract

• Schedule of Tools and Special Equipment (if any)

• Project Plan

• Standard Bid Documents (SBD4, 6.1, 6.2, 8 and 9)

2 Other documents required for tender evaluation purposes

• An original and valid Tax Clearance Certificate issued by the South African Revenue Services

• Broad based black economic empowerment verification certificate

• Proof of class 2ME / 2GP / EB / 2 EP / EB registration or proof of application for registration with the CIDB

• Enterprise Questionnaire

• Letter of good standing with the Workers Compensation Commissioner 3 Returnable Schedules that will be incorporated into the contract


• Certificate of authority to sign tender/contract

• Record of Addenda to Tender Documents

• Schedule of key personnel’s details

• Schedule of resources for the project

Other documents that will be incorporated into the contract


• C1.2 Contract Data as per the NEC3 Engineering and Construction Contract (June 2005 edition)

• C2.1 Pricing Instructions

• C2.2 Bill of Quantities: Option B

• C3 Service Information – including Annexes

• Project Plan

• Occupational Health and Safety Act (1993) Section 37(2) appointment

Returnable Schedules T2.2 page 1

T2.2 Returnable Schedules

Contents Certificate of Authority to Sign Tender

Record of Addenda to Tender Documents

Proposed Amendments and Qualifications

Schedule of the Tenderer’s Experience and References

Schedule of key personnel’s details

Schedule of resources for this contract (include resources’ s CV)

Enterprise Questionnaire

Broad based black economic empowerment verification certificate

Construction Industry Development Board certificate

Original SARS tax clearance certificate

Letter of good standing with the Workers Compensation Commissioner

Occupational Health and Safety Act (1993) Section 37(2) appointment

Environmental Terms and Conditions

Declaration of Interest (SBD 4)

Preferential points claim form in terms of the preferential procurement regulation 2011 (SBD 6.1)

Declaration of bidder’s past supply chain management practices (SBD 8)

Certificate of independent bid determination (SBD 9)


Certificate of Authority to Sign Tender

Insert a certified copy of an extract from the minutes of a meeting of the Board of Directors or Members (or an official letter signed by the company’s managing director) authorising the person who signs the Tender to sign it on behalf of the Company, Corporation or Firm.


Record of Addenda to tender documents

We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.

7.


Attach additional pages if more space is required.

Signed Date

Name

Tenderer


Proposed amendments and qualifications

The Tenderer shall record any deviations or qualifications he/she may wish to make to the tender documents in this Returnable Schedule. The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the employer’s handling of material deviations and qualifications.

Page Clause or item Proposal

Signed

Date

Name

Tenderer


Schedule of the Tenderer’s experience and References

Make as many copies of this page as required

The following is a statement of similar work of similar or greater scope successfully executed by the Tenderer:

Description of contract/work (Please provide clear details of the work undertaken with applicable periods):

1. _________________________________________________________________________________

_________________________________________________________________________________

2. _________________________________________________________________________________

_________________________________________________________________________________

3. _________________________________________________________________________________

_________________________________________________________________________________

Value of work inclusive of VAT (Rand) and Duration

1. _____________________________________________________________

2. _____________________________________________________________

3. _____________________________________________________________

Employer, contact person and telephone number:

1. ___________________________________________________________

2. ___________________________________________________________

3. ___________________________________________________________

Signed

Date

Name

Tenderer


Schedule of Key Personnel’s Details


Design engineer

A schedule needs to be completed for each person from technician level and upwards that will be involved in the contract.

Name:

Surname:

Nationality:

Date of Birth:

Qualifications:

Experience:

Safety and other Training:

The undersigned confirms that the information provided above is correct.

Name:


Signed:

Date:


Schedule of Key Personnel’s Details


Technician/Artisan

A schedule needs to be completed for each person from technician level and upwards that will be involved in the contract. Include supporting documents.

Name:

Surname:

Nationality:

Date of Birth:

Qualifications:

Experience:

Safety and other Training:

The undersigned confirms that the information provided above is correct.

Name:


Signed:

Date:


Schedule of Resources for this Contract

Tenderers to insert a page listing all human resources indicating their roles in the project (with levels of training and qualification for each) that will be employed for the execution of the contract. Specific reference needs to be made to additional resources (maybe utilised at other sites) that will be available, should the need arise.

Note: Attach copy of resource’s CVs and qualification, the information contained on the CVs will be used in the evaluation of the tender as detailed in section T1.2-point F2.1 (functionality Hurdle).


Enterprise Questionnaire

The following particulars pertain to the Tenderer. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .

Section 2: VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3: CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...

Section 4: Particulars of sole proprietors and partners in partnerships

Name*, Identity number*, Personal income tax number*

*Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....

Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...

Section 6: Record of service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature


If any of the above boxes are marked, disclose the following: 1. Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder

2. Name of institution, public office, board or organ of state and position held

3. Current or within last 12 months?


*insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following:

1. Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder


2. Name of institution, public office, board or organ of state and position held

3. Current or within last 12 months?

*insert separate page if necessary


The undersigned, who warrants that he/she is duly authorised to do so on behalf of the enterprise:

i) authorises the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order;

ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption;

iv) confirms that I/we are not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the tenderers or those responsible for compiling the service information that could cause or be interpreted as a conflict of interest;

v) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.

Signed Date

Name Position

Enterprise name


B-BBEE Verification Certificate

The bid must include an original or certified copy of the B-BBEE verification certificate issued by a SANAS accredited ratings agency, or an IRBA Registered Accounting Practice. The certificate should be an original or a certified copy.

The Preferential Procurement Regulations Part 3, section 11 (9) states that, “A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an Exempted Micro Enterprise that has the capability and ability to execute the sub-contract.


Construction Industry Development Board Grading Certificate


Original SARS Tax Clearance Certificate

All bid submissions must have a valid original tax clearance certificate as part of the compliance

requirements. If a company or close corporation has not yet been formed at the time of submitting a bid,

the prospective shareholders or members must each supply a tax clearance certificate in their personal

capacities.


Letter of Good Standing with the Workers Compensation Commissioner


WORK SCHEDULE (Start-up proposal and delivery time)


SECTION 37(2) CONTRACT

ARRANGEMENTS AND PROCEDURES FOR CONTRACTORS ON THE PREMISES

INTRODUCTION

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993 AND ITS REGULATIONS

In terms of Section 37(2) of the Occupational Health and Safety Act 85 of 1993 and its regulations,

henceforth referred to as the OHS Act, the provision of Section 37(1) of the same act apply to

_______________________________________________ henceforth referred to as the contractor, in as

far as, Airports Company South Africa (ACSA) OR Tambo International Airport shall not be responsible or

liable for the actions or inaction’s whatsoever in contravention of the OHS Act taken by the employees of

the contractor, in the fulfillment of the contract undertaken by the contractor.

As an employer in your own right, you, the contractor are obliged to comply with all the provisions of the

OHS Act while on the premises of Airports Company South Africa (ACSA) OR Tambo International Airport,

you shall also be required to comply with the conditions and safety procedures of Airports Company South

Africa (ACSA) OR Tambo International Airport.

Airports Company South Africa (ACSA) OR Tambo International Airport hereby reserves the right to cause

all work undertaken by the contractor, that is in contravention of the OHS Act and that has come to the

attention of Airports Company South Africa (ACSA) OR Tambo International Airport to cease, until satisfied

that such contravention has been rectified. Non-compliance to Airports Company South Africa (ACSA) OR

Tambo International Airport arrangements and procedures will adversely affect future contracts, while

serious non-compliance may lead to immediate expulsion from the premises.

REQUIREMENTS, ARRANGEMENTS AND PROCEDURES FOR CONTRACTORS

It is a condition of this contract that your employees, and any sub-contractors, be covered in terms of the

Compensation for Occupational Injuries and diseases Act 130 of 1993 as amended. A copy of good standing

with the Compensation Commissioner shall be attached to the signed copy of this legal document.

Furthermore, the contractor or sub-contractor certifies that such cover will not expire during the execution


of the task nor will the contractor become in arrears with any payment due to the Commissioner or any other

documentation required by the Commissioner.

The contractor furthermore agrees to the following health and safety rules of Airports Company South Africa

(ACSA) OR Tambo International Airport:

• The contractor shall have available a copy of the OHS Act on request.

• Any contractor with more than five employees at any time on the premises shall have available a first

aid box for prompt first aid.

• Any contractor with ten or more employees shall have at least one competent and valid first aider on

the premises at their workplace. Should there be fifty or more employees on the premises a further first

aider for every fifty employees or part thereof shall be available.

• Any contractor with less than ten employees on the premises shall ensure that such employees are

made conversant with the first aider at their workplace.

• The contractor shall keep up to date and available for inspection all applicable legally required registers.

• The contractor shall make himself and his employees conversant with Airports Company South Africa

(ACSA) OR Tambo International Airport emergency and evacuation procedures.

• The contractor shall not misuse anything, which is supplied in the interest of health and safety.

• The contractor shall adhere to all Airports Company South Africa (ACSA) OR Tambo International

Airport safe working procedures.

• The contractor shall be subject to the health and safety and security rules of Airports Company South

Africa (ACSA) OR Tambo International Airport.

• No intoxicating drugs or liquor will be consumed on or brought onto the premises and no person under

the influence or who appears to be under the influence will be permitted to come onto or remain on the

premises or at a workplace.

INDEMNIFICATION

The contractor hereby certifies that all contracting workmen recognize the inherent hazards that exist on the

premises of Airports Company South Africa (ACSA) OR Tambo International Airport and that the Contractor:

• Enters the property entirely at his/her own risk and therefore the Contractor waives any claim

of whatsoever nature against Airports Company South Africa (ACSA) OR Tambo International

Airport, its employees, agents and/or mandatories in respect of any loss, damage and/or injury

whether same is the result of any negligent act or omission on the part of Airports Company

South Africa (ACSA) OR Tambo International Airport , its employees, agents and/or

mandatories or other independent contractors or by a third person or by way of defective

equipment or materials supplied by the company, and further the Contractor;


• Hereby indemnifies Airports Company South Africa (ACSA) OR Tambo International Airport, its

employees, agents and/or mandatories against any claims from the Contractor’s employees

and/or from any other person, arising and being caused in the manner set out above.

I, _____________________________________________ on behalf of the Contractor, do hereby declare

that my company ________________________________________ acknowledges having read and

understood the conditions contained in this legal document and furthermore, our employees agree to abide

by these conditions

NAME OF AUTHORIZED PERSON DATE

SIGNATURE OF AUTHORIZED PERSON DATE

WITNESS 1 DATE

WITNESS 2 DATE


ACSA Service & Maintenance Contractors

Environmental Terms and Conditions to Commence Work - EMS 048

The following Environmental Terms and Conditions shall be strictly adhered to by all contractors when

conducting works for ACSA. ACSA shall audit contractor activities, products and services on an ad hoc

basis to ensure compliance to these environmental conditions. Any pollution clean-up costs shall be borne

by the contractor.

ISSUE REQUIREMENT

Environmental Policy ACSA’s Environmental Policy shall be communicated, comprehended and implemented by all ACSA appointed contractor staff.

Storm water, Soil and

Groundwater Pollution

• No solid or liquid material may be permitted to contaminate or potentially

contaminate storm water, soil or groundwater resources.

• Any pollution that risks contamination of these resources must be cleaned-up

immediately. Spills must be reported to ACSA immediately. Contractors shall

supply their own suitable clean-up materials where required.

• Washing, maintenance and refueling of equipment shall only be allowed in

designated service areas on ACSA property. It is the contractor’s responsibility to

determine the location of these areas.

• No leaking equipment or vehicles shall be permitted on the airport.

Air Pollution

• Dust: Dust resulting from work activities that could cause a nuisance to employees

or the public shall be kept to a minimum.

• Odours and emissions: All practical measures shall be taken to reduce unpleasant

odours and emissions generated from work related activities.

• Fires: No open fires shall be permitted on site.

Noise Pollution

• All reasonable measures shall be taken to minimise noise generated on site as a

result of work operations.

• The Contractor shall comply with the applicable regulations with regard to noise.

Waste Management

• Waste shall be separated as general or hazardous waste.

• General and hazardous waste shall be disposed of appropriately at a permitted

landfill site should recycling or re-use of waste not be feasible.

• Under no circumstances shall solid or liquid waste be dumped, buried or burnt.

• Contractors shall maintain a tidy, litter free environment at all times in their work area.

• Contractors must keep on file:


1. The name of the contracting waste company

2. Waste disposal site used

3. Monthly reports on quantities – separated into general, hazardous and

recycled

4. Maintained file of all Waste Manifest Documents and Certificates of Safe

Disposal

5. Copy of waste permit for disposal site

This information must be available during audits and inspections.

Handling & Storage of

Hazardous Chemical

Substances (HCS)

• All HCS shall be clearly labeled, stored and handled in accordance to Materials

Safety Data Sheets.

• Materials Safety Data Sheets shall be stored with all HCS.

• All spillages of HCS must be cleaned-up immediately and disposed of as hazardous

waste. (HCS spillages must be reported to ACSA immediately).

• All contractors shall be adequately informed with regards to the handling and

storage of hazardous substances.

• Contractors shall comply with all relevant national, regional and local legislation with

regard to the transport, storage, use and disposal of hazardous substances.

Water and Energy

Consumption

ACSA promotes the conservation of water and energy resources. The contractor shall

identify and manage those work activities that may result in water and energy wastage.

Training & Awareness The conditions outlined in this permit shall be communicated to all contractors and their

employees prior to commencing works at the airport.

Penalties

Penalties shall be imposed by ACSA on Contractors who are found to be infringing these requirements and/or

legislation. The Contractor shall be advised in writing of the nature of the infringement and the amount of the

penalty. The Contractor shall take the necessary steps (e.g. training/remediation) to prevent a recurrence of

the infringement and shall advise ACSA accordingly.

The Contractor is also advised that the imposition of penalties does not replace any legal proceedings, the

Council, authorities, land owners and/or members of the public may institute against the Contractor.

Penalties shall be between R200 and R20 000, depending upon the severity of the infringement. The decision

on how much to impose will be made by ACSA’s Airport Environmental Management Representative in

consultation with the Airport Manager or his/her designate, and will be final. In addition to the penalty, the


Contractor shall be required to make good any damage caused as a result of the infringement at his/her own

expense.

I, _______________________________________ (name & surname) of ___________________

_________________________________ (company) agree to the above conditions and acknowledge

ACSA’s right to impose penalties should I or any of my employees or sub-contractors fail to comply with

these conditions.

Signed: ______________________ on this date: _______________________ (dd/mm/yyyy)

at: ___________________________________________ (airport name).


SBD 4

DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-

- the bidder is employed by the state; and/or

- the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

2.1 Full Name of bidder or his or her representative: …………………………………….

2.2 Identity

Number………………………………………………………………………………………………...

2.3 Position occupied in the Company (director, trustee, shareholder², member):

……………………………………………………………………………………………………………

2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust:

………………………………………………………………………..………….………………

2.5 Tax Reference Number: ………………………………………………………………………………

2.6 VAT Registration Number: …………………………………………………………………………

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below.


¹ “State” means –

(a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(b) any municipality or municipal entity;

(c) provincial legislature;

(d) National Assembly or the National Council of Provinces; or

(e) Parliament.

²” Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.

2.7 Are you or any person connected with the bidder YES / NO

presently employed by the state?

2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ……....………………………………

Name of state institution at which you or the person

connected to the bidder is employed: ………………………………………

Position occupied in the state institution: ………………………………………

Any other particulars:

………………………………………………………………

………………………………………………………………

………………………………………………………………

2.7.2 If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative

work outside employment in the public sector?

2.7.2.1 If yes, did you attach proof of such authority to the bid YES / NO

document?


(Note: Failure to submit proof of such authority, where

applicable, may result in the disqualification of the bid.


SBD 4

2.7.2.2 If no, furnish reasons for non-submission of such proof:

…………………………………………………………………….

…………………………………………………………………….

…………………………………………………………………….

2.8 Did you or your spouse, or any of the company’s directors / YES / NO

trustees / shareholders / members or their spouses conduct

business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

…………………………………………………………………..

…………………………………………………………………..

…………………………………………………………………...

2.9 Do you, or any person connected with the bidder, have YES / NO

any relationship (family, friend, other) with a person

employed by the state and who may be involved with

the evaluation and or adjudication of this bid?

2.9.1 If so, furnish particulars.

……………………………………………………………...

…………………………………………………………..….

………………………………………………………………

2.10 Are you, or any person connected with the bidder, YES/NO

aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state

who may be involved with the evaluation and or adjudication

of this bid?

2.10.1 If so, furnish particulars.


………………………………………………………………

………………………………………………………………

………………………………………………………………

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies

whether or not they are bidding for this contract?


SBD 4


…………………………………………………………………………….

…………………………………………………………………………….

…………………………………………………………………………….

3 Full details of directors / trustees / members / shareholders.

Full Name Identity Number Personal Income Tax Reference Number

State Employee Number / Persal Number

4 DECLARATIONS


I, THE UNDERSIGNED (NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………….. ..……………………………………………

Signature Date

…………………………………. ………………………………………………

Position Name of bidder


SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2011

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes included); and

- the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes included).

1.2 The value of this bid is estimated to exceed/not exceed R1 000 000 (all applicable taxes included)

and therefore the……………………system shall be applicable.

1.3 Preference points for this bid shall be awarded for:

(a) Price; and (b) B-BBEE Status Level of Contribution.

1.3.1 The maximum points for this bid are allocated as follows:

POINTS


1.3.1.1 PRICE …………..

1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION …………...

Total points for Price and B-BBEE must not exceed 100


SBD 6.1

1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.5. The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. DEFINITIONS

2..1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies;

2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad

-Based Black Economic Empowerment Act;

2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based

on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act;

2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an

organ of state for the provision of services, works or goods, through price quotations, advertised

competitive bidding processes or proposals;

2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic

Empowerment Act, 2003 (Act No. 53 of 2003);


2.6 “comparative price” means the price after the factors of a non-firm price and all unconditional

discounts that can be utilized have been taken into consideration;

2.7 “consortium or joint venture” means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;


SBD 6.1

2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.9 “EME” means any enterprise with an annual total revenue of R5 million or less.

2.10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

2.11 “functionality” means the measurement according to predetermined norms, as set out in the bid

documents, of a service or commodity that is designed to be practical and useful, working or

operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder;

2.12 “non-firm prices” means all prices other than “firm” prices;

2.13 “person” includes a juristic person;

2.14 “rand value” means the total estimated value of a contract in South African currency, calculated at

the time of bid invitations, and includes all applicable taxes and excise duties;

2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract;

2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of Good

Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based

Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February

2007;

2.17 “trust” means the arrangement through which the property of one person is made over or

bequeathed to a trustee to administer such property for the benefit of another person; and


2.18 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in

order for such property to be administered for the benefit of another person.


SBD 6.1

3. ADJUDICATION USING A POINT SYSTEM

3.1 The bidder obtaining the highest number of total points will be awarded the contract.

3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;

3.3 Points scored must be rounded off to the nearest 2 decimal places.

3.4 In the event that two or more bids have scored equal total points, the successful bid must be the

one scoring the highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids have scored

equal points including equal preference points for B-BBEE, the successful bid must be the one

scoring the highest score for functionality.

3.6 Should two or more bids be equal in all respects; the award shall be decided by the drawing of lots.

4. POINTS AWARDED FOR PRICE


4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20 or 90/10

min

min180

P

PPtPs or

min

min190

P

PPtPs

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid


SBD 6.1

5. Points awarded for B-BBEE Status Level of Contribution

5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 8 16

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.


5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity,

provided that the entity submits their B-BBEE status level certificate.


SBD 6.1

5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an

unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if

they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every

separate bid.

5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level

certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents

that such a bidder intends sub-contracting more than 25% of the value of the contract to any other

enterprise that does not qualify for at least the points that such a bidder qualifies for, unless

the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to

any other enterprise that does not have an equal or higher B-BBEE status level than the person

concerned, unless the contract is sub-contracted to an EME that has the capability and ability to

execute the sub-contract.

6. BID DECLARATION

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND 5.1

7.1 B-BBEE Status Level of Contribution: ………. = …………… (maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).

8 SUB-CONTRACTING

8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable)


SBD 6.1

8.1.1 If yes, indicate:

(i) what percentage of the contract will be subcontracted? ............……………….…%

(ii) the name of the sub-contractor? …………………………………………………………..

(iii) the B-BBEE status level of the sub-contractor? ……………..

(iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable)

9 DECLARATIONS WITH REGARD TO COMPANY/FIRM

9.1 Name of company/firm ..............................................................................................

9.2 VAT registration number :…………………………………………………………………….

9.3 Company registration number …………………………………………………………………….

9.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One-person business/sole propriety

Close corporation

Company

(Pty) Limited

[TICK APPLICABLE BOX]

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

...................................................................................................................................................

...................................................................................................................................................


9.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc.

[TICK APPLICABLE BOX

SBD 6.1

9.7 Total number of years the company/firm has been in business? ……………………………………

9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

(i) The information furnished is true and correct;

(ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form.

(iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

(iv) If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;


(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(d) restrict the bidder or contractor, its shareholders and directors, or only

the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the Audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution

SBD 6.1

WITNESSES:

1. ………………………………………

……………………………………

SIGNATURE(S) OF BIDDER(S)

2. ………………………………………

DATE…………………………...

ADDRESS………………………...

….……………………………………

……………………………………….


SBD 6.2

DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT

This Standard Bidding Document (SBD) must form part of all bids invited. It contains general

information and serves as a declaration form for local content (local production and local

content is used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions,

Directives applicable in respect of Local Content as prescribed in the Preferential

Procurement Regulations, 2011 and the South African Bureau of Standards (SABS)

approved technical specification number SATS 1286:201x.

General Conditions

1.1. Preferential Procurement Regulations, 2011 (Regulation 9. (1) and 9. (3) make provision

for the promotion of local production and content.

1.2. Regulation 9. (1) prescribes that in the case of designated sectors, where in the award of

bids local production and content is of critical importance, such bids must be advertised

with the specific bidding condition that only locally produced goods, services or works or

locally manufactured goods, with a stipulated minimum threshold for local production

and content will be considered.

1.3. Regulation 9. (3) prescribes that where there is no designated sector, a specific bidding

condition may be included, that only locally produced services, works or goods or locally

manufactured goods with a stipulated minimum threshold for local production and

content, will be considered.

1.4. Where necessary, for bids referred to in paragraphs 1.2 and 1.3 above, a two stage

bidding process may be followed, where the first stage involves a minimum threshold for

local production and content and the second stage price and B-BBEE.

1.5. A person awarded a contract in relation to a designated sector, may not sub-contract in

such a manner that the local production and content of the overall value of the contract

is reduced to below the stipulated minimum threshold.

1.6. The local content (LC) as a percentage of the bid price must be calculated in


accordance with the SABS approved technical specification number SATS 1286: 201x

as follows:

LC = 1 x 100

Where

x imported content

y bid price excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using

the exchange rate published by South African Reserve Bank (SARB) at 12:00 on the

date, one week (7 calendar days) prior to the closing date of the bid as indicated in

paragraph 4.1 below.

1.7. A bid will be disqualified if:

the bidder fails to achieve the stipulated minimum threshold for local production

and content indicated in paragraph 3 below; and.

this declaration certificate is not submitted as part of the bid documentation


SBD6.2

2. Definitions

2.1. “bid” includes advertised competitive bids, written price quotations or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ

of state;

2.4. “designated sector” means a sector, sub-sector or industry that has been designated

by the Department of Trade and Industry in line with national development and industrial

policies for local production, where only locally produced services, works or goods or

locally manufactured goods meet the stipulated minimum threshold for local production

and content;

2.5. “duly sign” means a Declaration Certificate for Local Content that has been signed by

the Chief Financial Officer or other legally responsible person nominated in writing by

the Chief Executive, or senior member / person with management responsibility(close

corporation, partnership or individual).

2.6. “imported content” means that portion of the bid price represented by the cost of

components, parts or materials which have been or are still to be imported (whether by

the supplier or its subcontractor) and which costs are inclusive of the costs abroad, plus

freight and other direct importation costs, such as landing costs, dock duties, import

duty, sales duty or other similar tax or duty at the South African port of entry;

2.7. “local content” means that portion of the bid price which is not included in the imported

content, provided that local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as

determined by the Department of Trade and Industry; and

2.9. “sub-contract” means the primary Contractor’s assigning, leasing, making out work to,

or employing another person to support such primary Contractor in the execution of part

of a project in terms of the contract.

3. The stipulated minimum threshold(s) for local production and content for this bid


is/are as follows:

Description of services, works or goods Stipulated minimum threshold

_______________________________ _______%

_______________________________ _______%

_______________________________ _______%

4. Does any portion of the services, works or goods offered

have any imported content? YES / NO

4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as

prescribed in paragraph 1.6 of the general conditions must be the rate(s) published by

SARB for the specific currency at 12:00 on the date, one week (7 calendar days) prior to

the closing date of the bid.

The relevant rates of exchange information are accessible on www.reservebank.co.za.

Indicate the rate(s) of exchange against the appropriate currency below:

Currency Rates of exchange

US Dollar


SBD6.2

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER

LEGALLY RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF

EXECUTIVE OR SENIOR MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY

(CLOSE CORPORATION, PARTNERSHIP OR INDIVIDUAL)

IN RESPECT OF BID No. .................................................................................

ISSUED BY: (Procurement Authority / Name of Institution):

......................................................................................................................

NB the obligation to complete, duly sign and submit this declaration cannot be

transferred to an external authorized representative, auditor or any other third party acting

on behalf of the bidder.

I, the undersigned, …………………………….................................................... (full names),

do hereby declare, in my capacity as ……………………………………… ………...

of ...............................................................................................................(name of bidder

entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that the goods/services/works to be delivered in terms of the

above-specified bid comply with the minimum local content requirements as specified in

the bid, and as measured in terms of SATS 1286.

(c) The local content has been calculated using the formula given in clause 3 of SATS

1286, the rates of exchange indicated in paragraph 4.1 above and the following figures:

Bid price, excluding VAT (y) R

Imported content (x) R

Stipulated minimum threshold for Local content (paragraph

3 above)

Local content %, as calculated in terms of SATS 1286

If the bid is for more than one product, a schedule of the local content by product shall be


attached.

(d) I accept that the Procurement Authority / Institution has the right to request that the

local content be verified in terms of the requirements of SATS 1286.

(e) I understand that the awarding of the bid is dependent on the accuracy of the

information furnished in this application. I also understand that the submission of incorrect

data, or data that are not verifiable as described in SATS 1286, may result in the

Procurement Authority / Institution imposing any or all of the remedies as provided for in

Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated under the

Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

SIGNATURE: DATE: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: ___________


SBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Standard Bidding Document must form part of all bids invited.

2 It serves as a declaration to be used by institutions in ensuring that when goods and services

are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-

a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector?

(Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied).

The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No


4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National

Treasury’s website (www.treasury.gov.za) by clicking on its link at the

bottom of the home page.

Yes

No





4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND

CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN

AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………... …………………………..

Signature Date

………………………………………. …………………………..

Position Name of Bidder


SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement

between, or concerted practice by, firms, or a decision by an association of firms, if it is between

parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive

bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a. disregards the bid of any bidder if that bidder, or any of its directors have abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that,

when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be

completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to

compete, secretly conspire to raise prices or lower the quality of goods and / or services for

purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is,

therefore, an agreement between competitors not to compete.


SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

______________________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)

1. I have read, and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true

and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf

of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder

to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word

“competitor” shall include any individual or organization, other than the bidder, whether or not

affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;


SBD 9

(b) could potentially submit a bid in response to this bid invitation, based on their

qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of

business as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation,

communication, agreement or arrangement with any competitor. However, communication between

partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of

the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with

any competitor regarding the quality, quantity, specifications and conditions or delivery particulars

of the products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly

or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding

of the contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.


SBD 9

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any

restrictive practices related to bids and contracts, bids that are suspicious will be reported to the

Competition Commission for investigation and possible imposition of administrative penalties in

terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National

Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting

business with the public sector for a period not exceeding ten (10) years in terms of the Prevention

and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

………………………………………………… …………………………………

Signature Date

…………………………………………………. …………………………………

Position Name of Bidder

Form of Offer and Acceptance C1.1 page 1

C1.1 Form of Offer & Acceptance

Offer

The Employer, identified in the Acceptance signature block, has solicited offers to enter into a contract for the procurement of:

Converting the controls of hydraulic road blocker from automatic to manual operation

The tenderer, identified in the Offer signature block, has examined the documents listed in the Tender Data and addenda thereto and by submitting this Offer has accepted the Conditions of Tender.

By the representative of the tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance, the tenderer offers to perform all of the obligations and liabilities of the Contractor under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the Contract Data.

The offered total of the Prices exclusive of VAT is R

Sub total R

Value Added Tax @ 14% is R

The offered total of the amount due inclusive of VAT is1 R

(in words)

This Offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document including the Schedule of Deviations (if any) to the tenderer before the end of the period of validity stated in the Tender Data, or other period, as agreed, whereupon the tenderer becomes the party named as the Contractor in the conditions of contract identified in the Contract Data.

Signature(s)

1 The Employer requires this total for budgeting purposes only. Actual amounts due will be assessed in terms of the conditions of

contract.

Contract Data C1.2 page 2

Name(s)

Capacity

For the tenderer:

Name & signature of witness

(Insert name and address of organisation) Date

Tenderer’s CIDB registration number:


Acceptance

By signing this part of this Form of Offer and Acceptance, the Employer identified below accepts the tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor the amount due in accordance with the conditions of contract identified in the Contract Data. Acceptance of the tenderer’s Offer shall form an agreement between the Employer and the tenderer upon the terms and conditions contained in this agreement and in the contract, which is the subject of this agreement.

The terms of the contract, are contained in:

Part C1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)

Part C2 Pricing Data

Part C3 Scope of Work: Works Information

Part C4 Site Information

and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this Schedule.

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 at, or just after, the date this agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any).

Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the Parties.


Signature(s)

Name(s)

Capacity

for the Employer


(Insert name and address of organisation) Date

Note: If a tenderer wishes to submit alternative tenders, use another copy of this Form of Offer and Acceptance.


Schedule of Deviations to be completed by the Employer prior to contract award

Note: 1. This part of the Offer & Acceptance would not be required if the contract has been developed by negotiation between the

Parties and is not the result of a process of competitive tendering. 2. The extent of deviations from the tender documents issued by the Employer prior to the tender closing date is limited to

those permitted in terms of the Conditions of Tender. 3. A tenderer’s covering letter must not be included in the final contract document. Should any matter in such letter, which

constitutes a deviation as aforesaid be the subject of agreement reached during the process of Offer and Acceptance, the outcome of such agreement shall be recorded here, and the final draft of the contract documents shall be revised to incorporate the effect of it.

No. Subject Details

1

2

3

4

5

By the duly authorised representatives signing this Schedule of Deviations below, the Employer and the tenderer agree to and accept this Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any confirmation, clarification or changes to the terms of the Offer agreed by the tenderer and the Employer during this process of Offer and Acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Form shall have any meaning or effect in the contract between the parties arising from this Agreement.

I. For the tenderer:

II. For the Employer

Signature

Name


Capacity

On behalf of (Insert name and address of organisation)

(Insert name and address of organisation)


Date


C1.2 ECC3 Contract Data

Part one - Data provided by the Employer

Clause Statement Data

1 General

The conditions of contract are the core clauses and the clauses for main Option

B: Priced contract with bill of quantities

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X1: Price adjustment for inflation

X2 Changes in the law

X4: Parent company guarantee

X5: Sectional Completion

X13: Performance Bond

X18: Limitation of liability

X20 : Key performance indicators

Z: Additional conditions of contract

of the NEC3 Engineering and Construction Contract, June 2005 (ECC3) (with amendments June 2006)

10.1 The Employer is: Airports Company South Africa SOC Ltd (reg no: 1993/004149/06), a juristic person incorporated


in terms of the company laws of the Republic of South Africa

Address Aiports Company South Africa

O R Tambo International Airport

ACSA Admin. Building

4th Floor North Wing Offices

Kempton Park

1627

10.1 The Project Manager is: Muzikayise Thwala




Mezzanine floor

Kempton Park

1627

Tel 011 921 6487

Fax

e-mail [email protected]

10.1 The Supervisor is: Samuel Moeng




3rd Floor North Wing Offices

Kempton Park

1627

Tel No. 011 921 6346


Fax No.

e-mail [email protected]

11.2(13) The works are Removing of old Booth gate and Installation Turnstile at TA and TB (Refer to section C3 for details)

11.2(14) The following matters will be included in the Risk Register

Working on heights, hot works.

11.2(15) The boundaries of the site are Access permit is required for both personnel and vehicles, PPE (to be discussed upon contract award)

11.2(16) The Site Information is in Part 4: Site Information

11.2(19) The Works Information is in Part 3: Scope of Work and all documents and drawings to which it makes reference.

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 5 working days

2 The Contractor's main responsibilities

Data required by this section of the core clauses is provided by the Contractor in Part 2 and terms in italics used in this section are identified elsewhere in this Contract Data.

3 Time

11.2(3) The completion date for the whole of the works is

28 February 2018

11.2(9) The key dates and the conditions to be met are:

Condition to be met key date

1 Submission of the first works programme for approval

One (1) week after contract award


2 Submission of safety documentation

Two (2) weeks after contract award

3 Work commence February 2018

30.1 The access dates are: Part of the Site Date

1 Airside 24 hours, 7 days a week from the starting date

31.2 The starting date is February 2018

32.2 The Contractor submits revised programmes at intervals no longer than

One (1) week.

35.1 The Employer is not willing to take over the works before the Completion Date.

4 Testing and Defects

42.2 The defects date is Immediately after Completion of the whole of the works.

43.2 The defect correction period is 2 weeks

5 Payment

50.1 The assessment interval is between 1st and the 15th day of each successive month.

51.1 The currency of this contract is the South African Rand.

51.2 The period within which payments are made is

30 days from date of invoice.


51.4

The interest rate is (i) The publicly quoted prime rate of interest (calculated on a 365 day year) charged from time to time by Nedbank Bank of South Africa, from time to time, as certified, in the event of any dispute, by any manager of such bank, whose appointment it shall not be necessary to prove.

The publicly quoted prime rate of interest (calculated on a 365-day year) charged by Nedbank of South Africa, from time to time, as certified, in the event of any dispute, by any manager of such bank, whose appointment it shall not be necessary to prove.

6 Compensation events

7 Title There is no reference to Contract Data in this section of the core clauses and terms in italics used in this section are identified elsewhere in this Contract Data.

8 Risks and insurance

84.2 The minimum limit of indemnity for insurance in respect of loss of or damage to property (except the works, Plant, Materials and Equipment) and liability for bodily injury to or death of a person (not an employee of the Contractor) caused by activity in connection with this contract for any one event is

Whatever the Contractor deems necessary in addition to that provided by the Employer.

84.2 The minimum limit of indemnity for insurance in respect of death of or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this contract for any one event is

As prescribed by the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 and the Contractor’s common law liability for people falling outside the scope of the Act with a limit of Indemnity of not less than [Refer to insurance schedule].

9 Termination There is no reference to Contract Data in this section of the core clauses and terms in italics used in this section are identified elsewhere in this Contract Data.

10 Data for main Option clause

B Priced contract with bill of quantities


11 Data for Option W1

W1.1 The Adjudicator is To be jointly appointed by the Employer and the Contractor in terms of the NEC Adjudicators Contractors when a dispute arise

Address N/A

Tel No. N/A

Fax No. N/A

e-mail N/A

W1.2(3) The Adjudicator nominating body is: The Chairman of ICE-SA a joint Division of the South African Institution of Civil Engineering. (See www.ice-sa.org.za ) or its successor body.

W1.4(2) The tribunal is: Arbitration.

W1.4(5) The arbitration procedure is the latest edition of Rules for the Conduct of Arbitrations published by The Association of Arbitrators (Southern Africa) or its successor body.

The place where arbitration is to be held is Johannesburg, South Africa

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 for the time being or his nominee of the Association of Arbitrators (Southern Africa) or its successor body.

12 Data for secondary Option clauses

X1 Price adjustment for inflation The Accepted Contract Amount shall be adjusted for variation in the Rate of Exchange as follows:

The Contractor shall obtain quotes for the purchase of forward cover contracts in accordance with

http://www.ice-sa.org.za/


approved payment milestone dates to be paid on specific days.

The Employer shall review and if satisfied, approve the forward cover contract quotes.

The Contractor shall purchase forward cover upon instruction from the Employer in accordance with the forward cover quotes obtained.

The Contract Amount shall be adjusted with the rates contained within the forward cover contracts and shall thereafter be fixed with respect to rate of exchange fluctuations.

The Contractor shall be responsible for the management and administration of the forward cover contracts.

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

X4 Parent company guarantee Refer to form of securities in section C1.3.

X5 Sectional Completion

X5.1 The completion date for each section of the works is:

Section

Description

Completion date (including defects)

1

Delivery to site of material

February 2018

2 Installation and commissioning

February 2018

X5 & X7 Sectional Completion and delay damages used together

X7.1

X5.1

Delay damages for late Completion of the sections of the works are:

section

Description

Amount per day

1 Delivery to site of material

R5000.00


2

Completion of works in accordance with agreed project plan

R5,000.00

The total delay damages payable by the Contractor does not exceed:

Contract Price

X13 Performance bond Refer to forms of securities in section C1.3

X13.1 The amount of the performance bond is 10% of the contract value

X15 Limitation of the Contractor’s liability for his design to reasonable skill & care

There is no reference to Contract Data in this Option and terms in italics are identified elsewhere in this Contract Data.

X18 Limitation of liability

X18.1 The Contractor’s liability to the Employer for indirect or consequential loss is limited to:

R 0.00

X18.2 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to:

Refer to the insurance schedule section C1.4

X18.3 The Contractor’s liability for Defects due to his design which are not listed on the Defects Certificate is limited to


X18.4 The Contractor’s total liability to the Employer for all matters arising under or in connection with this contract, other than excluded matters, is limited to:


X18.5 The end of liability date is 1 year after the defects date for latent Defects and

(ii) the date on which the liability in question prescribes in accordance with the Prescription


Act No. 68 of 1969 (as amended or in terms of any replacement legislation) for any other matter.

A latent Defect is a Defect which would not have been discovered on reasonable inspection by the Employer or the Supervisor before the defects date, without requiring any inspection not ordinarily carried out by the Employer or the Supervisor during that period.

If the Employer or the Supervisor do undertake any inspection over and above the reasonable inspection, this does not place a greater responsibility on the Employer or the Supervisor to have discovered the Defect.

Z(A): The Additional conditions of contract are


Delete clause 20.1 and replace with:

Providing the Services

20.1 The Contractor provides the Services in accordance with the Services Information and ensures that the results of the Services are fit for the purpose intended.

At the end of clause 23.1 insert the following:

Design of Equipment

23.2 The Contractor ensures that the design is fit for the purpose intended.

23.3 The Contractor grants to the Employer, with effect from the starting date or, in the case of documents or other matters not yet in existence, with effect from the creation thereof (and notwithstanding the Completion or termination of this contract), an irrevocable royalty-free non-exclusive license to use all of the documents provided to Provide the Services (including, but not limited to calculations, computer programmes and other software, drawings, manuals, models and other documents of a technical nature), for any purpose whatsoever, including for the purpose of operating, repairing, maintaining, dismantling, re-assembling and making adjustments to all parts of the Services. The Contractor procures that each Subcontractor executes all and any further documents and takes all and any other actions as may be required in order to give effect to this license.

At the end of clause 26.1, insert the following:

Subcontracting 26.1 The Contractor is deemed to be responsible for any act or omission of a Subcontractor as if such act or omission was an act of the Contractor itself

Add to clause 60.1(1):

Compensation events

60.1(1) • a change to the Service Information arising from a decision at a risk reduction

meeting where such a change is required as a result of the Contractor's fault or as a consequence of a risk carried by the Contractor.

Add a new clause 60.2 as follows:

Compensation events

60.2 Notwithstanding anything to the contrary, to the extent a cause, event or circumstance that could otherwise be construed as being a compensation event in terms of this contract:


• should or could reasonably have been foreseen by the Contractor and/or its Affiliate and notified to the Project Manager, or

• the Contractor and/or its Affiliate fail to take all reasonable steps to mitigate the effect of the cause, event or circumstance,

It is not a compensation event if.

For the purposes of this clause “Affiliate” means any other entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under the common control with the Contractor. For the purpose of this definition “control” means the beneficial ownership of the majority in number of the issued equity of any entity (or the whole or majority of the entity’s assets), and/or the right or ability to direct or otherwise control the entity or the votes attaching to the majority of the entity’s issued share capital and “controlled” or “under common control” shall have a similar meaning.

The period for notification has exceeded six months from the date of service or goods delivered unless arranged otherwise with the Project Manager.

Amend clause 61.3 as follows:

Notifying compensation events

61.3 Delete the words "unless the Project Manager should have notified the event to the Contractor and did not" from the final sentence and insert a new sentence as follows: “Likewise if the Contractor does not notify a compensation event within eight weeks of the date upon which he ought reasonably to have become aware of the event, he is not entitled to a change in the Prices.”

Amend clause 61.4 as follows:

Notifying compensation events

61.4 Delete the first bullet point and replace it with the following new wording:

• “arises from the fault, negligence, error or default of the Contractor,”


Amend clause 80.1 by deleting the third bullet point.

Add to the end of clause 82.1:

Indemnities 82

82.1 The Contractor’s entitlement under this indemnity is provided for in 60.1(12) and the Employer’s liability under this indemnity is limited to compensation as provided for under 6 (compensation events) of this contract.

Add to clause 91.1 at the second bullet point, fifth sub-bullet point, after the word “assets”:

Reasons for termination

91

91.1 “or had a judicial management order granted against it”.

91.2 Amend clause 91.2 as follows: “performed the Service below the level required in terms of this contract and/or substantially failed to Provide the Service (R11)”.

Z(C) The Additional conditions of contract are

Limitation of Liability – Option X18

Amend Option X18 by the insertion of the following new clause 18.6:

Limitation of Liability

X18.6 The Employer’s liability to the Contractor for the Contractor’s indirect or consequential loss is limited to R0.00.

Z1

Additional general provisions

Z1.1 Concessions, waiver of actions:


Any extension, concession, waiver or relaxation of any action stated in this contract given by either Party, the Project Manager 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 the agreement in writing.

Z1.2

Cession, delegation and assignment:

The Contractor shall not cede, delegate or assign any of its rights or obligations to any person without the prior written consent of the Employer.

Z2

Provision of a Tax Invoice

Z2.1 Within one week of receiving a payment certificate the Contractor provides the Employer with a tax invoice showing an amount due for payment equal to that stated in the payment certificate.

Z2.2 The Contractor ensures that the requirement in terms of Section 20(4)(C) of the Value Added Tax Act, no 89 of 1991 (as amended by the Revenue Laws Amendment Act 45 of 2003), that the VAT registration number of the recipient of the tax invoice, appears on the said tax invoice in order for the invoice to fully comply with the requirements of a valid invoice for VAT purposes as contained in the said Section 20(4)(C), is adhered to. The Employer requires adherence by the Contractor to this requirement as from 1 June 2004. No payment will be made on tax invoices not fully meeting the requirement.

Z2.3 The Contractor shall comply with the Employer’s invoicing procedures.

Z3

Ethics

Z3 No offer, payment, consideration, or benefit of any kind, which constitutes or could be construed as an illegal or corrupt practice, is made, either directly or indirectly, as an inducement or reward for the award or in execution of this contract. Any such practice is a ground for terminating this contract in accordance with R11 of the Termination Table or taking any other action as appropriate (including civil or criminal action).

Z4


Joint and Several Liability

Z4.1 If the Contractor constitutes a joint venture, consortium or other unincorporated grouping of two or more persons:

• these persons are deemed to be jointly and severally liable to the Employer for the performance of the contract;

• these persons notify the Employer of their leader who has authority to bind the Contractor and each of these persons; and

• the Contractor does not alter its composition or legal status without the consent of the Employer.

Z5

Employer’s Step-in rights

Z5.1 If the Contractor defaults and does not put the default right after having been required to do so by written notice from the Project Manager (within a reasonable period determined by the Project Manager), the Employer, without prejudice to its other rights, powers and remedies under the contract, is entitled to remedy the default either himself or via Others (which for this purpose includes any Subcontractor or any supplier of the Contractor), and the reasonable costs of doing so is for the account of the Contractor. The Contractor co-operates with the Employer and facilitates and permits the use of all required information, materials and other matter (including drawings, CAD materials, data, designs, specifications and calculations) which have been or are at any time prepared by or on behalf of the Contractor under the contract or otherwise for and/or in connection with the services and generally does all things required by the Project Manager to achieve this end.

Z6

Health & Safety, Environmental and applicable laws

Z6.1

Z6.2

The Contractor undertakes to take all reasonable precautions to maintain the health and safety of persons in and about the execution of the services. To this end the Contractor shall complete the “37(2) Appointment in terms of the Occupational Health and Safety Act” attached to this contract as Annexure E.


The Contractor, in and about the execution of the services, complies with all applicable laws including but not limited to relevant environmental laws and regulations and rules, guidelines and procedures otherwise provided for under this Contract and ensures that his Subcontractors, employees and others under the Contractor’s direction and control, likewise observe and comply with the foregoing.

Z7

Liens and Encumbrances

The Contractor keeps the Equipment used to Provide the Services free of all liens and other encumbrances at all times. The Contractor, vis-a-vis the Employer, waives all and any liens which he may from time to time have, or become entitled to over such Equipment and any part thereof and procures that his Subcontractors similarly, vis-a-vis the Employer, waive all liens they may have or become entitled to over such Equipment from time to time.

Z8

Force Majeure

Z8.1

” Force Majeure” shall mean any circumstances not within the reasonable control of either party, including but not limited to Acts of God, inclement weather, flood, lightning, fire, industrial action, lockouts, the act or omission of Government, highways authorities, or other competent authority, act of terrorism, war, military operations or riot, act or omissions of third parties for whom the party concerned is not responsible. If either party is hindered or prevented from performing its obligations under the contract by Force Majeure, such party shall not be liable for failure to perform such obligations, provided that:

Z8.1.1

The party relying on this clause immediately gives written notice to the other of the reason for the fault or delay as soon as is practicable;

Z8.1.2

The party relying on this clause uses all reasonable efforts to overcome the circumstances or delay and notifies the other party in writing of the nature of these efforts; and

Z8.2 Upon cessation of the event of Force Majeure, the affected party notifies the other of the cessation and recommences its contractual obligations as soon as practicable.

Z8.3 Any obligation outstanding shall be fulfilled by the affected party as soon as reasonably possible after the Force Majeure event has ended, save to the extent that such fulfilment is no longer possible.


Z8.4 Subject to Z8.3 above, to the extent that any of the Contractor’s obligations are not fulfilled, the Employer shall not be liable to pay that portion of the relevant charges.

Z8.5 If as a result of Force Majeure, the performance by the affected party of its obligations under the contract is only partially affected, the affected party shall nevertheless remain liable for the performance of those obligations not affected by Force Majeure.

In the event that the Force Majeure event prevents the affected party’s performance under the contract for a continuous period of 120 days, the affected party shall have the right to terminate the contract by notice in writing to the other party. In the event that the affected party is the Contractor, the Employer shall, notwithstanding anything to the contrary in this contract, only be liable to pay the Contractor for the cost of materials, tools, equipment or spares reasonably ordered in connection with the contract which have been delivered to the Contractor or the Employer, or of which the Contractor is legally liable to accept delivery.



C1.3 Forms of Securities

Pro formas for Bonds & Guarantees

Pro forma Parent Company Guarantee (for use with Option X4) (to be reproduced exactly as shown below on the letterhead of the Contractor’s Parent Company)

Aiports Company South Africa



3rd Floor North Wing Offices

Kempton Park

1627

Date:

Dear Sirs,

Parent Company Guarantee for Contract No

With reference to the above numbered contract made or to be made between

[Employer’s name] (the Employer) and

{Insert registered name and address of the Contractor}

(the Contractor), for

{Insert details of the works from the Contract Data} (the works).

I/We the undersigned

on behalf of the Contractor’s parent company

Forms of Securities C1.3 page 2

of physical address

and duly authorised thereto do hereby unconditionally guarantee to the Employer that the Contractor shall Provide the Works in accordance with the above numbered Contract.

1. If for any reason the Contractor fails to Provide the Works, we hereby agree to cause to Provide the

Works at no additional cost to the Employer.

2. If we fail to comply with the terms of this Deed of Guarantee, the Employer may itself procure such

performance (whether or not the Agreement be formally determined). The Employer is to notify us and we shall indemnify the Employer for any additional cost or expense it incurs.

3. Our liability shall be as primary obligor and not merely as surety and shall not be impaired or discharged

by reason of any arrangement or change in relationship made between the Contractor and the Employer and/or between us and Contractor; nor any alteration in the obligations undertaken by the Contractor or in the terms of the Agreement; nor any indulgence, failure, delay by you as to any matter; nor any dissolution or liquidation or such other analogous event of the Contractor.

4. The Employer shall not be obliged before taking steps to enforce the terms of this Deed of Guarantee

to obtain judgement against the Contractor in any court or other tribunal, to make or file any claim in liquidation (or analogous proceedings) or to seek any remedy or proceed first against the Contractor.

5. This Deed of Guarantee shall be governed by and construed in accordance with the laws of the Republic

of South Africa and we hereby submit to the non-exclusive jurisdiction of the Supreme Court of South Africa.

Signed at on this day of 200_

Signature(s)

Name(s) (printed)

Position in parent company

Signature of Witness(s)


Name(s) (printed)


Pro forma Performance Bond – Demand Guarantee (for use with Option X13) (to be reproduced exactly as shown below on the letterhead of the Bank providing the Bond / Guarantee)

[Insert Contractor’s name and registered address] Bank reference No.

Date:

Dear Sirs,

Performance Bond – Demand Guarantee for [insert name of Contractor] required in terms of contract [insert Contractor’s contract reference number or title]

1. In this Guarantee the following words and expressions shall have the following meanings: -

1.1 “Bank” means [Insert name of Bank], _____________________Branch, Registration No. ___________________________

1.2 “Bank’s Address” means [Insert physical address of Bank]

1.3 “Contract” means the written agreement relating to providing the works, entered into between the Employer and the Contractor, on or about the __ day of ___________ 2016 (Contract Reference No. ORT 017/2016) as amended, varied, restated, novated or substituted from time to time;

1.4 “Contractor” means ________________________a company registered in accordance with the laws of _____________________ under Registration No ___________________.

1.5 “Employer” means Airports Company South Africa a company registered in accordance with the laws of the Republic of South Africa under Registration Number 1993/004149/30


1.6 “Expiry Date” means the earlier of

• the date that the Bank receives a notice from the Employer stating that all amounts due from the Contractor as certified in terms of the contract have been received by the Employer and that the Contractor has fulfilled all his obligations under the Contract, or

• the date that the Bank issues a replacement Bond for such lesser or higher amount as may be required by the Employer.

1.7 “Guaranteed Sum” means the sum of R____________________________, (_______________________________________________ Rand)

1.8 “works” means Refurbishment of Passenger Conveyors

2. At the instance of the Contractor, we the undersigned ______________ and ______________, in our

respective capacities as _____________ and ___________ of the Bank, and duly authorized thereto, confirm that we hold the Guaranteed Sum at the disposal of the Employer as security for the proper performance by the Contractor of all of its obligations in terms of and arising from the Contract and hereby undertake to pay to the Employer, on written demand from the Employer received prior to the Expiry Date, any sum or sums not exceeding in total the Guaranteed Sum.

3. A demand for payment under this guarantee shall be made in writing at the Bank’s address and shall:

• be signed on behalf of the Employer by a director of the Employer;

• state the amount claimed (“the Demand Amount’);

• state that the Demand Amount is payable to the Employer in the circumstances contemplated in the Contract.

4. Notwithstanding the reference herein to the Contract the liability of the Bank in terms hereof is as

principal and not as surety and the Bank’s obligation/s to make payment:

• is and shall be absolute provided demand is made in terms of this bond in all circumstances; and

• is not, and shall not be construed to be, accessory or collateral on any basis whatsoever.

5. The Bank’s obligations in terms of this Guarantee:

• shall be restricted to the payment of money only and shall be limited to the maximum of the Guaranteed Sum; and

• shall not be discharged and compliance with any demand for payment received by the Bank in terms hereof shall not be delayed, by the fact that a dispute may exist between the Employer and the Contractor.


6. The Employer shall be entitled to arrange its affairs with the Contractor in any manner which it sees fit,

without advising us and without affecting our liability under this Guarantee. This includes, without limitation, any extensions, indulgences, release or compromise granted to the Contractor or any variation under or to the Contract.

7. Should the Employer cede its rights against the Contractor to a third party where such cession is

permitted under the Contract, then the Employer shall be entitled to cede to such third party the rights of the Employer under this Guarantee on written notification to the Bank of such cession.

8. This Guarantee:

• shall expire on the Expiry Date until which time it is irrevocable;

• is, save as provided for in 7 above, personal to the Employer and is neither negotiable nor transferable;

• shall be returned to the Bank upon the earlier of payment of the full Guaranteed Sum or expiry hereof;

• shall be regarded as a liquid document for the purpose of obtaining a court order; and

• shall be governed by and construed in accordance with the law of the Republic of South Africa and shall be subject to the jurisdiction of the Courts of the Republic of South Africa.

• will be invalid and unenforceable if any claim which arises or demand for payment is received after the Expiry Date.

9. The Bank chooses domicilium citandi et executandi for all purposes in connection with this Guarantee

at the Bank’s Address.

Signed at on this day of 20__

For and on behalf of the Bank

Bank Signatories(s)

Name(s) (printed)

Witness(s)


Bank’s seal or stamp

Pricing Assumptions: Option B C2.1 page 1


Summary of Terms and other Matters Applicable to Employer Provided Insurance

Part 1:

Notes to Schedule:

• The provision of insurance by the Employer does not limit the obligations, liabilities or responsibilities of the Contractor under this contract in any way whatsoever (including but not limited to any requirement for the provision by the Contractor of any other insurances).

• Unless specifically otherwise stated, capitalised terms in this schedule (other than Employer, Contractor and works where written in italics) have the meaning assigned to them in the relevant policy of insurance.

• This Insurance Schedule is a generic term sheet generally applicable to the Employer’s projects. In the circumstances:

o If this Insurance Schedule reflects the amount of any cover provided by the Employer to be higher than the amount required in the Contract Data, the Employer’s obligation under this Contract is limited to the lower amount; and

o If this Insurance Schedule provides for any cover which is not stated to be provided by the Employer in the Contract Data, the Employer’s obligation under this Contract is limited to the cover stated in the Contract Data.

• [The terms governing the Employer provided policies of insurance are the terms detailed in the policies themselves. This schedule is merely a summary of the key terms. It is the responsibility of the tenderer to obtain copies of the policies and satisfy itself of the actual terms as required by the tenderer.]

Part 2:

Insurance to be arranged by the Employer.

Notwithstanding anything contained elsewhere in the Contract and without limiting the obligations, liabilities or responsibilities of the Contractor in any way whatsoever (including but not limited to any requirement for the provision by the Contractor of any other insurances) the Employer shall effect and maintain as appropriate in the joint names of the Employer, Contractors and Sub-Contractors, Consultants and Sub-Consultants the following insurances which are subject to the terms, limits, exceptions and conditions of the Policy:-

(a) CONTRACT WORKS Insurance – which will provide cover against physical loss of or damage to the Works including Temporary Works, plant and materials intended to form part of the Permanent Works. Blanket cover for Projects below R50,000,000 and certificates for Projects above R50,000,000


(b) PUBLIC LIABILITY Insurance – which will provide indemnity against the insured parties legal liability in the event of accidental death of or injury to third party persons and/or accidental loss of or damage to third party property arising directly from the execution of the contract with a limit of indemnity of not less than R 1,000,000,000 in respect of all claims arising from any one occurrence or series of occurrences consequent upon or attributable to one source or original cause.

(c) PROFESSIONAL INDEMNITY Insurance – which shall be procured on a Project by Project basis covering the Employer, Contractor, Sub-Contractors, Consultants and all other Consultants providing their own services to the project and where relevant Suppliers and Vendors for an amount not less than R 250,000,000 any one claim but R 500,000,000 in total for the Project. This insurance will provide indemnity against claims arising out of negligent acts, errors or omissions by the Employer, Consultants, Sub-Consultants, Contractors and Sub-Contractors, and all other Consultants engaged in the Project as designers of the Works and as the parties responsible for the provision of the Services under the Contract and any other services for other aspects of the Project.

“DN” (2): The period of cover need not be for the maximum period but must be aligned with the

requirement of the specific contract being entered into. If the contact is a short period, ACSA might

elect to have the cover in place for the shorter Period i.e. reduced Liability period. Also ACSA may

choose to transfer design risk to the Contractors at the Contractors Cost. This must be reviewed for

each contract at tender stage and the Period amended in accordance with ACSA’S contracting

and risk philosophy.

The Employer shall maintain such Professional Indemnity insurance for the period of the construction subject to a maximum of 48 (forty-eight) months commencing on the date of award of the Construction Contract. The insurance shall include Retroactive cover to the date of Conceptual Design commencement, maximum 3 (three) years.

(d) SASRIA (Riot & Strike) Insurance – which will provide cover against Riot, Strike and associated risks for physical damage to the Works, including Temporary Works, Plant and Materials intended to form part of the Permanent Works.

“DN” (3): This cover is unique to RSA, in Namibia it is known as NASRIA which carries separate

agreement. If the contract is outside of the Territorial Limits of RSA, ACSA will need to purchase

separate Political Risks & Terrorism cover. This clause will then be voided and amended accordingly.

(e) MARINE AND AIR CARGO Insurance – which will provide cover in respect of all materials, equipment, machinery, spares and other items for incorporation into the Works against all risks of physical loss or damage while in transit by sea or air (and ongoing transit by road or rail) from country of origin anywhere in the world to the site in the Republic of South Africa.

“DN” (4): The Marine Cargo cover is a unique policy outside of the ACSA annual Contract Works,

SASRIA, Third Party Liability and Professional Indemnity insurances. The provision of Marine and Air Cargo Insurance must be deleted if the Contract does not have this requirement.

If the Contract has a Marine Cargo component and it is not an accepted Insurance

responsibility of ACSA, then this clause (e) must be moved down to the section below that

addresses “Insurance to be arranged by the Contractor as clause (e).

In the event that the insuring responsibility is transferred to the Constructor or Supplier, the

following additional wording must also be included in addition to the clause as it stands in (e) above.


“The Contractor shall ensure that the following clause is included in any Marine Insurance policy covering plant, material, equipment and other things to be incorporated into the works imported in terms of the Contract;

Contribution

Notwithstanding anything contained herein to the contrary, it is hereby agreed that in the event of loss or damage to property otherwise insured by any Contract Works or engineering erection policies where such loss or damage is discovered after the termination of the voyage or transit in respect of which this insurance applies, and it is not possible to ascertain whether the cause of such loss or damage happened prior or subsequent to the termination of such voyage or transit, this insurance shall contribute 50 % (fifty percent) to any properly adjusted claim. The Contract Works or engineering erection policies shall likewise contribute 50 % (fifty percent) in the same manner.

Provided that any such Contract Works or engineering erection policies shall contain a contribution clause in like manner to that hereby expressed.

In the event of the Contractor being unable or unwilling to ensure that the above clause is included in any marine insurance policy covering the Works, the Contractor shall be liable to contribute 50 % (fifty percent) of any properly adjusted loss and the Contract Works or engineering erection policies shall contribute 50 % (fifty percent) in like manner.

It being understood that any such contribution made by the Contractor shall not be recoverable under insurance held by the Employer on the Contractor’s and its behalf, and that compliance with this condition shall not derogate from any obligation or liability of the Contractor under Contract.”

Applicable to Clauses (a) to (e) above

▪ The Employer shall pay any premium due in connection with the insurance affected by the Employer.

(i) The Contractor shall not include any premium charges for this insurance except to the extent that he may deem necessary in his own interests to effect supplementary insurance to the insurance effected by the Employer. The Employer reserves the right to call for full information regarding insurance costs included by the Contractor.

(ii) Any further clarification in the scope of cover provided by the Policies arranged by the Employer should be obtained from the Employer.

(iii) In the event of any occurrence which is likely to or could give rise to a claim under the insurances arranged by the Employer the Contractor shall:

(a) in addition to any statutory requirement or other requirements contained in the Contract immediately notify the Employer and the Employer’s Insurance Broker or the Insurers by e-mail, telephone or telefax giving the circumstances nature and an estimate of the loss or damage or liability – Ref: Annexure “B” (and copy in The Employer).

(b) complete a Claims Advice Form available from the Insurance Brokers to whom the form must be returned without delay. – Ref: Annexure “B” (and copy in the Employer).

(c) negotiate the settlement of claims with the Insurers through the Employer’s Insurance Brokers and shall when required to do so obtain the Employer’s approval of such settlement.


The Employer and Insurers shall have the right to make all and any enquiries to the site of the Works or elsewhere as to the cause and results of any such occurrence and the Contractor shall co-operate in the carrying out of such enquiries.

(iv) The Contractor shall be liable for the amount of the Deductible (First Amount Payable) in respect of any claim made by or against the Contractor or his Sub-Contractors under the insurances effected by the Employer.

Where more than one Contractor is involved in the same claim the Deductible will be borne in pro-rata amounts by each Contractor in proportion to the extent of each Contractor’s admitted claim.

The Deductible for which the Contractors are responsible and which are applicable in respect of each and every occurrence or series of occurrences attributable to one source or original cause giving rise to a loss or damage or liability indemnifiable are as stated in Annexure “A”.

(v) Any amount which becomes payable to the Contractor or any of his Sub-Contractors as a result of a claim under the Contact Works Insurance shall if required by the Employer be paid net of the Deductible to the Employer who shall pay the Contractor from the proceeds of such payment upon rectification repair or reinstatement of the loss or damage but this provision shall not in any way affect the Contractor’s obligations liabilities or responsibilities in terms of the Contract.

In respect of any amount which becomes payable as a result of a claim under any Public Liability Insurance the Contractor or his Sub-Contractors shall be required to pay the amount of the Deductible to the Insurer to facilitate settlement of such claim.

Insurance to be arranged by the Contractor

Without in any way detracting from any requirements contained elsewhere in this contract the Contractor and Sub-Contractors shall where applicable, provide as a minimum the following:

(a) Insurance of Contractor’s Equipment including tools offices and other temporary structures and

contents and other things (except those intended for incorporation into the Works) brought onto

the Site for a sum sufficient to provide for their replacement.

(b) Insurance in terms of the provisions of the Compensation for Occupational Injuries and Diseases

Act No. 130 of 1993 as may be amended or in terms of any similar Workers Compensation and

Unemployment Insurance enactment’s in the Suppliers’ or Sub Supplier’s operational,

manufacturing or assembly locations.

(c) Motor Vehicle Liability Insurance comprising (as a minimum) “Balance of Third Party” Risks including Passenger Liability indemnity.

“DN” (5): on (a) to (c) above - These covers are unique to RSA however in Territories outside of RSA it is legislated and regulated by local authorities which have separate

requirements. If the contract is outside of the Territorial Limits of RSA, ACSA will need to

review these requirements and advise their contractors on the specific new requirements and the clauses amended accordingly.


(d) Where the Contact involves manufacturing and/or fabrication of the Works or parts thereof at premises other than at the site the Supplier shall satisfy the Employer that all Plant and Materials for incorporation in the Works are adequately insured during manufacture and/or fabrication. In the event of the Employer having an insurable interest in such works during manufacture or fabrication then such interest shall be noted by endorsement to the relevant Policies of Insurance of the Supplier.

Imported equipment or component parts or materials to be supplied in terms of this Contract which require any process of assembly or finishing in South Africa prior to delivery to the Site are to be insured by the Contractor up to the commencement of transit to Site of the assembled or finished equipment component parts or materials unless special arrangements are made by the Employer

. “DN” (6): Per “DN” (4) above, if the Contract has a Marine Cargo insurance requirement and

is not an accepted insurance responsibility of ACSA, then clause (e) MARINE AND AIR

CARGO Insurance must be included as part of the “Insurance to be arranged by the Contractor as clause (e).

This is in the event that the Marine Cargo insurance responsibility is transferred to the Contractor or Supplier and remember to add the “50/50 Contribution” clause as quoted in “DN” (4) on page 4 of this document.

(i) The insurances to be provided by the Contractor and his Sub-Contractors shall:

(a) be affected with Insurers and on terms approved by the Employer

(b) be maintained in force for whatever period the perils to be insured by the Contractor are at risk (including any defects liability period during which the Contractor is responsible for the care of the Works)

(c) submit to the Employer the relevant Policy or Policies of Insurance or evidence acceptable to the Employer that such insurances have been affected.

(ii) In the event that the Contractor or any of his Sub-Contractors receives any notice of cancellation or restrictive modification to the insurance provided to them they shall immediately notify the Employer in writing of such cancellation or restriction and shall advise what action the Contractor or his Sub-Contractor will take to remedy such action.

If the Contractor fails to effect and keep in force the insurances referred to in this Contract then the Employer may effect and keep in force any such insurances and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount paid by the Employer from any monies due or which may become due to the Contractor or recover same as a debt from the Contractor.

Sub-Contractors

The Contractor shall:


(a) ensure that all potential and appointed Sub-Contractors are aware of the whole contents of

this clause, and

(b) enforce the compliance by Sub-Contractors with this clause where applicable.


Annex A

DEDUCTIBLES

1) Contract Works Insurance

▪ All Civil Work and Earthworks excluding Runways R 100,000

▪ Runway Rehabilitation R 100,000

▪ New Runway Construction R 500,000

▪ All Other Claims R 100,000

▪ Other Property Insured R 500,000

Note: Projects with a contract value of less than R50m R 50,000

2) Public Liability

(a) R 25,000 per occurrence in respect of property damage only, but

R 250,000 per occurrence in respect of any damage to aircraft (b) R 250,000 in the aggregate in respect of Removal of Lateral Support

(c) Nil in respect of injury to third party persons

3) Professional Indemnity

Project Value Deductible Project value up to R 50 m R5,000,000 Project value in excess of R50 m R10,000,000

4) SASRIA (Riot & Strike)

0,100% of Contract Value, minimum R 2,500 and maximum R 25,000 in respect of theft claims only.

5) Marine and Air Cargo - cover is not automatically arranged unless by special request. Refer to

ACSA for additional information.

“DN” (7): this section would need to be deleted if not applicable – read “DN” (4) & “DN” (6).


Annex B

INCIDENT ADVICE FORM

NOTE: PLEASE SEND A COPY HEREOF TO ACSA HEAD OFFICE

Send to: ........………………................... *From: ........………………...........................

Aon South Africa (Pty) Ltd - Construction & Engineering

Attention: Priscilla Hart

1 Sandton Drive

Sandhurst, Sandton

2196

Tel No: +27 (11) 944 7974

E- mail: [email protected]

*Please provide name of contracting company, site address, telephone, fax numbers and e-mail.

DATE OF LOSS:

REPORTED TO SITE AGENT BY: DATE

REPORTED TO AON SOUTH AFRICA BY: DATE

Locality of Incident:

How did the loss /damage/injury/death occur (cause):



______________________________________________________________________________________________________________________________________________________________________


Details and nature of loss /damage/injury/death:

Names and address of witnesses:

Estimated cost of repairs, if applicable (Separate records of all costs must be kept):


Who or what appears to be responsible for the loss /damage/injury/death:


Person whom assessor should contact:

Telephone, fax number and e-mail:

SIGNED BY: .......................................................... SIGNATURE: ........................................................

COMPANY: ............................................................ DATE: ....................................................................


C2.1 Pricing assumptions: Option B

The conditions of contract

How work is priced and assessed for payment

Clause 11 in NEC3 Engineering and Construction Contract, June 2005 (ECC3) Option B states:

Identified and defined terms

11

11.2

(21) The Bill of Quantities is the bill of quantities as changed in accordance with this contract to accommodate implemented compensation events and for accepted quotations for acceleration.

(28) The Price for Work Done to Date is the total of

the quantity of the work which the Contractor has completed for each item in the Bill of Quantities multiplied by the rate and

a proportion of each lump sum which is the proportion of the work covered by the item which the Contractor has completed.

Completed work is work without Defects which would either delay or be covered by immediately following work.

(31) The Prices are the lump sums and the amounts obtained by multiplying the rates by the quantities for the items in the Bill of Quantities.

his confirms that Option B is a re-measurement contract and the bill comprises only items measured using quantities and rates or stated as lump sums. Value related items are not used. Time related items are items measured using rates where the rate is a unit of time.

Function of the Bill of Quantities

Clause 55.1 in Option B states, “Information in the Bill of Quantities is not Works Information or Site Information”. This confirms that instructions to do work or how it is to be done are not included in the Bill, but in the Works Information. This is further confirmed by Clause 20.1 which states, “The Contractor Provides the Works in accordance with the Works Information”. Hence the Contractor does not provide the Works in accordance with the Bill of Quantities. The Bill of Quantities is only a pricing document.

Guidance before pricing and measuring

Employers preparing tenders or contract documents, and tendering contractors are advised to consult the


sections dealing with the bill of quantities in the NEC3 Engineering and Construction Contract (June 2005) Guidance Notes before preparing the bill of quantities or before entering rates and lump sums into the bill.

The NEC approach to the P & G bill assumes use will be made of method related charges for Equipment applied to Providing the Works based on durations shown in the Accepted Programme, fixed charges for the use of Equipment that is required throughout the construction phase, time related charges for people working in a supervisory capacity for the period required, and lump sum charges for other facilities or services not directly related to performing work items typically included in other parts of the bill.

The P & G section of the bill is not used for the assessment of compensation events.


Measurement and payment

Symbols

The units of measurement described in the Bill of Quantities are metric units abbreviated as follows:

Abbreviation Unit

% Percent

h Hour

ha Hectare

kg Kilogram

kl Kilolitre

km Kilometre

km-pass kilometre-pass

kPa Kilopascal

kW Kilowatt

l Litre

m Metre

mm Millimetre

m2 square metre

m2-pass square metre pass

m3 cubic metre

m3-km cubic metre-kilometre

MN Meganewton

MN.m meganewton-metre

MPa Megapascal

No. Number

Prov sum2 provisional sum

2 Provisional Sums should not be used unless absolutely unavoidable. Rather include specifications and associated bill items for the most likely scope of work, and then change later using the compensation event


PC-sum prime cost sum

R/only Rate only

sum Lump sum

t ton (1000kg)

W/day Work day

General assumptions

Unless otherwise stated, items are measured net in accordance with the drawings, and no allowance has been made in the quantities for waste.

The Prices and rates stated for each item in the Bill of Quantities shall be treated as being fully inclusive of all work, risks, liabilities, obligations, overheads, profit and everything necessary as incurred or required by the Contractor in carrying out or providing that item.

An item against which no Price is entered will be treated as covered by other Prices or rates in the bill of quantities.

The quantities contained in the Bill of Quantities may not be final and do not necessarily represent the actual amount of work to be done. The quantities of work assessed and certified for payment by the Project Manager at each assessment date will be used for determining payments due.

The short descriptions of the items of payment given in the bill of quantities are only for the purposes of identifying the items. Detail regarding the extent of the work entailed under each item is provided in the Works Information.

Departures from the method of measurement

Amplification of or assumptions about measurement items

For the avoidance of doubt the following is provided to assist in the interpretation of descriptions given in the method of measurement. In the event of any ambiguity or inconsistency between the statements in the method of measurement and this section, the interpretation given in this section shall be used.

procedure if necessary.


Bill of Quantities C2.2 page 1

C2.2 the Bill of Quantities

Option B (refer to scope of work C3 for more details)

Item Number Scope UOM Quantity

Price (excl. VAT)

Subtotal (exclusive of VAT

1 Induction, Personal and Vehicle Permits, Parking fees and safety file.

Each 1 7 000

7000

2 Insurance

Each 1

Design and signoff of the manual controls by Pr. Eng.

Each 1

3 All material supplies (Mechanical, Electrical, Civils and control and Instrumentation)

Each Per lot

4 Training of maintenance and operations personnel

Each

Per lot

5 All Integration, Installation, Test, Commissioning of system and handover (per gate)

Each

3

6 Drawings, maintenance and operational manuals

Each

Per lot

Bill of Quantities C2.2 page 2

7 All Ps and Gs

Each Per lot

TOTAL (excl. VAT)

Scope of Work C3.1 page 3

C3 Scope of Work

Description of the works

Executive overview

In brief, the Contractor will be responsible of removing of Old Booth gate and supply and installation of Turnstiles at OR Tambo International Airport. The project entails removing of Booth gate and installing of new turnstiles with access door or gate. Any revenue generated from the disposal should be paid back to ACSA. The project is for the following gates:

• Baggage Basement TA

• Baggage Basement TB

Employer’s objectives and purpose of the works

The objective is to remove old Booth door and supply and install new Turnstiles and ensure serviceability, reliability and safe operation at OR Tambo International Airport.

The Contractor will be appointed directly by the Airports Company of South Africa.

Interpretation and terminology

The following abbreviations are used in this Works Information:

Abbreviation Meaning given to the abbreviation

ACSA Airport Company South Africa

ORTIA OR Tambo International Airport

SANS South African National Standards

OHS ACT Occupational Health and Safety Act

PO Purchase Order

OEM Original Equipment Manufacture

RSA Republic of South Africa

UOM Unit of Measure



Extent of the Works

The Contractor will be fully responsible for meeting all requirements in this document regarding the Works.

For each piece of equipment, all work will be carried out to the standards as required by the Original Equipment Manufacturer (OEM) as well as any applicable governing law and/or regulations. Where OEM standards differ from those required by this document the more stringent requirement shall apply.

The Contractor will be responsible for providing staff which are sufficiently skilled and qualified for successful execution of the works. The Contractor shall comply with the Minimum Staffing Schedule at all times provided in tender documents. This may be amended by mutual arrangement between ACSA and the Contractor from time to time.

The Contractor will ensure that his/her staff compliment is of a sufficient quantity to allow for uninterrupted supply of labour in the event of his/her staff taking sick leave, paid leave and will allow for all staff related eventualities.

The Contractor shall continuously ensure that all staff is suitable, able and competent for the duties required of them. The Contractor shall further ensure that any staff member reasonably suspected of partaking in criminal activities is immediately removed from site and his permit returned and/or cancelled at the ACSA Permit Office.

All work shall be performed within the required time period as provided in the project plan. Any work impacting on operations shall be attended-to until restored to good reliable condition. No project work may be left unattended or incomplete for the next day or shift unless agreed to by the project manager. All repair work shall carry a defect free guaranteed for a period of 12 months after completion of work.

All work shall be charged according to the bill of quantities. However, no labour shall be charged for any non-scheduled work, repair work or other work when carried out by the scheduled project team. The onsite maintenance contractor shall be notified prior to the project commencement. A handover shall take place between the project contractor and the maintenance contractor before and after completion of the works.

The Contractor will be responsible for holding all tools and/or special equipment that might be required for the execution of the works, either on site or on their premises in order to comply with the requirements of this contract. Any exclusion to the above should be clearly communicated in the returnable schedules when submitting the tender.

The Contractor shall ensure that, unless a special arrangement is made with the Project Manager, all senior staff members and on-site support staff is always immediately reachable via cell phone.

The Contractor shall ensure that all maintenance staff are issued with uniforms that will comply with a minimum requirement as agreed with the Project Manager from time to time. Current airport requirements are: safety


shoes, ear protection equipment and a uniquely numbered retro reflective jacket (for easy identification via CCTV).


Generic Specifications

All work shall conform to all the relevant SANS standards, OHS ACT 85 of 1993 regulations and all other legislations that might be relevant to this Contract and the execution thereof.

All work shall be carried out in accordance with prevailing industry norms and best practice and will at all times comply with OEM requirements.

Environment

The Contractor will keep noise and dust levels to a minimum. At no time shall his/her work result in nuisance, interference or danger to the public or any other person working at the Airport.

At no time shall the Contractor:

• allow any pollutive or toxic substance to be released into the air or storm water systems

• interfere with, or put at risk, the functionality of any system or service

• cause a fire or safety hazard

Daily records

The Contractor shall keep accurate daily records of staff attendance, progress on the works, safety inspections and exception reports. Records shall be kept on site and will be available for scrutiny by the Project Manager at any time. All records shall be in a format as agreed with the Project Manager.

Proof of compliance with the law

The Project Manager may at any time request from the Contractor reasonable proof that the Contractor is in compliance with applicable laws or regulations.

Cell phones and two-way radios

Use of cell phones on airside is not permitted unless the user is in possession of an appropriate Airport permit for the device. Cell phone permit issuing authority lies with the ACSA Security department.

The Contractor will not be allowed to use two-way radios at the Airport unless these radios are of the type, model and frequency range as approved by the ACSA IT department.

Protection of the public

The Contractor shall take special care in order not to harm or endanger the public in any way. Work shall be sufficiently hoarded and guarded in order to safeguard children and the general public from injury relating to machinery, work or other.

Barricades and lighting


Where hoarding, barricades or lighting is required in the execution of the Works, the Contractor shall provide same. Hoarding, barricades and lighting shall comply with industry accepted norms and standards and may not be used for purposes of advertising or any other purpose than safeguarding the Works.

Management and start up.

Management meetings

The Contractor will be expected to attend meetings relating to operations, contract management and other issues that may arise from time to time. As far as is practicable, the Contractor will make all required persons available for these meetings. The Contractor shall not submit claims for payment for staff attending any of these meetings.

Regular meetings of a general nature may be convened and chaired by the Project Manager as follows:

Title and purpose Approximate time & interval

Location Attendance by:

Risk register and compensation events

Weekly on Mondays at 10H00

Onsite Employer and Contractor

Overall contract progress and feedback

biweekly on Fridays at 9H00

Onsite Employer, Contractor and Supervisor

Meetings of a specialist nature may be convened as specified elsewhere in this Works Information or if not so specified by persons and at times and locations to suit the Parties, the nature and the progress of the works. Records of these meetings shall be submitted to the Project Manager by the person convening the meeting within five days of the meeting.

All meetings shall be recorded using minutes or a register prepared and circulated by the person who convened the meeting. Such minutes or register shall not be used for the purpose of confirming actions or instructions under the contract as these shall be done separately by the person identified in the conditions of contract to carry out such actions or instructions.

Health and safety risk management

The Contractor shall comply with the health and safety requirements contained in this document.

The Project Manager shall be entitled to fine the Contractor an amount of R3000.00 for each non-conformance to Health and Safety matters. This shall not transfer any of the Contractor’s responsibilities in this regard to the Employer by any means.


The Contractor shall be fully responsible for compliance to the Occupational Health and Safety Act for all persons, equipment and installations relating to this Contract. The Contractor is expected to sign the undertaking in this regard as attached in the annexes.

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

All persons on company premises shall obey all health and safety rules, procedures and practices. In particular, NO SMOKING signs and the prohibition of the carrying of smoking materials in designated areas shall always be obeyed. A copy of the Safety Rules booklet is available on request from the ACSA Safety Department.

All the applicable requirements of the Occupational Health and Safety Act (1993) and Regulations and any amendments thereto, shall be met. Where the OHS Act prescribes certification of competency of persons performing certain tasks, proof of such certification shall be provided to the Project Manager.

The contractor’s Workmen’s Compensation fees must be up to date. A copy of the Contractor’s WCA registration shall be produced on request.

The following areas in the company are declared as “HOT WORKS PERMIT” areas:

All airside areas

All basement areas

All areas accessible to the public

All enclosed areas

The terminal building

Any process in the above-mentioned areas involving open flames, sparks, or heat shall be authorised by the issue of a permit to work - obtainable from the ACSA Safety department. Any work done under the protection of a permit to work shall be in strict compliance with every prescription regarding the permit.

Safety equipment shall be used where applicable (e.g. safety, goggles, boots, harness, etc.) The Contractor, at his/her own expense shall provide such equipment, for his/her employees. The Contractor shall apply the necessary discipline and control to ensure compliance by his workers.

All Contractors must ensure that his/her employees are familiar with the existing emergency procedures and must co-operate in any drills or exercises, which might be held. Emergency / fire equipment and extinguishers shall not be obstructed at any time

No person shall perform an unsafe / unhygienic act or operation whilst on Company premises.

No unsafe/dangerous equipment or tools may be brought onto or used on Company premises. The Company reserves the right to inspect all equipment/tools at any time and to prevent/prohibit their use, without any penalty to the Company and without affecting the terms of the Contract in any way.

The Company reserves the right to act in any way to ensure the safety/security of any persons, equipment or goods on its premises and will not be liable for any cost or loss evoked by the action. This includes the right to search all vehicles and persons entering, leaving or on the premises and to inspect any parcel, package, handbag and pockets. Persons who are not willing to permit such searches may not bring any such items or vehicles onto the premises.

The Contractor shall maintain good housekeeping standards in the area where he is working for the duration of the contract.


At no time must the Contractor interfere with, or put at risk, the functionality of any fire prevention system. Care must also be taken so as to prevent fire hazards.

The Contractor is required to issue all staff with standard uniforms. This shall as a minimum include: safety shoes, overalls (clearly marked with Contractor’s company logo) and numbered reflective jackets (as per Airport requirements). All costs relating to uniforms shall be for the Contractor’s account.

Environmental constraints and management

The Contractor shall comply with the environmental criteria and constraints stated in this document

Quality assurance requirements

All work must be executed in accordance with prevailing industry norms and standards relating to quality. In this regard, the Contractor will be expected to draft quality plans for the Project Manager from time to time.

Invoicing and payment

Within two days of receiving a payment certificate from the Project Manager in terms of core clause 51.1, the Contractor provides the Employer with a tax invoice showing the amount due for payment equal to that stated in the Project Manager’s payment certificate.

The Contractor shall address the tax invoice to the following Address,

Airports Company South Africa SOC Ltd

Private Bag X1,

OR Tambo International Airport

Kempton Park

1627


and include on each invoice the following information:

Name and address of the Contractor and the Project Manager;

The contract number and title;

Contractor’s VAT registration number;

The Employer’s VAT registration number 4930138393;

Description of work done by cross reference to Project Manager’s certificate;

Total amount invoiced excluding VAT, the VAT and the invoiced amount including VAT;

Quote PO number as a reference

The Contractor should arrange with ACSA’s finance department for making all payments electronically.

Invoices should be submitted via email to [email protected]

Provision of bonds and guarantees

The form in which a bond or guarantee required by the conditions of contract (if any) is to be provided by the Contractor is given in Part 1 Agreements and Contract Data, document C1.3, Sureties.

The Employer may withhold payment of amounts due to the Contractor until the bond or guarantee required in terms of this contract has been received and accepted by the person notified to the Contractor by the Project Manager to receive and accept such bond or guarantee. Such withholding of payment due to the Contractor does not affect the Employer’s right to termination stated in this contract.

Subcontracting

Should any part of the works be subcontracted, the Contractor will be responsible for all Works as if it was done so by the Contractor.

No casual labour (i.e. “off the street” labour) may be employed by the Contractor unless pre-arranged with ACSA. Whenever this is required, the Contractor shall come to a suitable arrangement with ACSA regarding sourcing and screening of such individuals.



Resources

Minimum requirements of people employed on the Site

A schedule of key personnel to this Contract will be provided to the Project Manager at commencement of this Contract. This will, as a minimum, include all persons from technician/artisan level to management level. For the full duration of this Contract, none of these persons will be replaced by a person of lesser ability or qualification. All on-site staff leaves shall be reported and agreed with the Project Manager. The Project Manager may request the replacement of any person with unsatisfactory performance or fails to comply with this contract.

It is the contractor’s responsibility to ensure that there is always sufficient competent staff to perform the works as planned. It shall be the Contractor’s responsibility to ensure that all relevant labour and safety legislation is adhered to in rostering staff.

All key personnel are required to have personal access permit to access the site.

The Contractor shall not be compensated for costs relating to ACSA required permits, nor for labour/time spent in obtaining it. An allowance must be made in the tender price in this regard.

The Contractor must ensure that he/she is, at all times, familiar with ACSA’s safety and security requirements relating to permits in order for no work to be delayed as a result thereof. This will include the permit application process.

Note that (within reason) the Contractor will have no claim against ACSA in the event that a permit request is refused.

The following table is not all inclusive, but is provided for illustration purposes:

Permit Required by/for Department

AVOP – Airside Vehicle Operator permit

All drivers of vehicles on airside ACSA Safety

Airside Vehicle Permit All vehicles that enter airside ACSA Safety

Basement Parking permit All vehicles allowed to enter the delivery basement

ACSA Parking

Personal permit All persons employed on the airport ACSA Security

Cell phone permit All persons taking cell phones to airside

ACSA Security

Lap top permit All persons taking lap top computers to airside

ACSA Security

Camera permit All persons taking cameras or camera equipment to airside

ACSA Security


Hot Works Permit All welding and/metal cutting work ACSA Safety

Proof of having attended the airside induction training course is required for all personal permit applications. Persons applying for an AVOP must provide proof of having attended an AVOP course. Fees are levied for these courses. Fees are further levied for all permit renewals and refresher courses - where applicable

Construction

Completion, testing, commissioning and correction of Defects

Work to be done by the Completion Date

On or before the Completion Date the Contractor shall have done everything required to Provide the Works except for the work listed below which may be done after the Completion Date but in any case before the dates stated. The Project Manager cannot certify Completion until all the work except that listed below has been done and is also free of Defects which would have, in his opinion, prevented the Employer from using the works and Others from doing their work.

Item of work To be completed by

Handover and Closure Report Within 5 days after Completion


Site Information

No site information is provided with this contract.

4.3. Minimum Requirements

4.4. Only bidders meeting the following criteria will be considered for this tender:

a) Valid Tax Clearance Certificate

b) Valid and certified copy of the B-BBEE Certificates

c) Initial/stamp and where applicable sign all pages of the attached RFQ Declaration of interest forms

(attached RFQ document)

d) CSD summary report with unique verification code.

5. SECTION 5: PREFERENCE POINTS AND PRICE

5.1. Preference Points Claims

5.1.1. In terms of the PPPFA and its regulations only a maximum of 20 points may be awarded for

preference. The preferential point systems are as follows:

5.1.1.1. The 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes

included)

5.1.2. ACSA reserves the right to require of a bidder, either before a bid is adjudicated or at any time

subsequently, to substantiate any claim in regard to preferences, in any manner required by

ACSA.


5.2. Definitions

5.2.1. “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad

-Based Black Economic Empowerment Act;

5.2.2. “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity

based on its overall performance using the relevant scorecard contained in the Codes of Good


Black Economic Empowerment Act;

5.2.3. “Black Designated Groups” has the meaning assigned to it in the codes of good practice issued

in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

5.2.4. “Black People” has the meaning assigned to it in the codes of good practice issued in terms of

section 9(1) of the Broad-Based Black Economic Empowerment Act;

5.2.5. “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic

Empowerment Act 53 of 2003);

5.2.6. “Designated Group” means:

5.2.6.1. Black Designated Groups;

5.2.6.2. Black People;

5.2.6.3. Women;

5.2.6.4. People with disabilities; or

5.2.6.5. Small enterprises, as defined in section 1 of the national Small Enterprise Act 102 of

1996;

5.2.7. “Consortium or Joint Venture” means an association of persons for the purpose of combining

their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a

contract;

5.2.8. “EME” means an exempted micro enterprise in terms of the codes of good practice issued in terms

of section 9(1) of the Broad-Based Black Economic Empowerment Act;

5.2.9. “Functionality” means the ability of tenderer to provide goods or services in accordance with

specifications as set out in the tender documents;

5.2.10. “Military Veteran” has the meaning assigned to it in section 1 of the Military Veterans Act 18 of

2011;

5.2.11. “People with disabilities” has the meaning assigned to it in section 1 of the Employment Equity

Act, 55 of 1998;

5.2.12. “Person” includes a juristic person;


5.2.13. “PPPFA” means the Preferential Procurement Policy Framework Act 5 of 2000 and its Regulations

published on 20 January 2017;

5.2.14. “Price” means all applicable axes less all unconditional discounts;

5.2.15. “QSE” means a qualifying small business enterprises in terms of the codes of good practice issued

in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act

5.2.16. “Rand Value” means the total estimated value of a contract in South African currency, calculated

at the time of bid invitations, and includes all applicable taxes and excise duties;

5.2.17. “Rural Area” means:

5.2.17.1. a sparsely populated area in which people farm or depend on natural resources including

villages and small towns that are dispersed through the area; or

5.2.17.2. an area including a large settlement which dee ds a on migratory labour and remittances

and govern social grants for survival, and may have a traditional land tenure system;

5.2.18. “Total Revenue” bears the same meaning assigned to this expression in the Codes of Good


Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February

2007;

5.2.19. “Township” means an urban living area that any time from the late 19th century until 27 April

1994, was reserved for black people, including areas developed for historically disadvantaged

individuals post 27 April 1994;

5.2.20. “Trust” means the arrangement through which the property of one person is made over or

bequeathed to a trustee to administer such property for the benefit of another person;

5.2.21. “Trustee” means any person, including the founder of a trust, to whom property is bequeathed in

order for such property to be administered for the benefit of another person; and

5.2.22. “Youth” has the meaning assigned to it in section 1 of the National Youth Development Agency

Act 54 of 2008

All terms not defined herein have the meanings assigned to them in the PPPFA.


5.3. Adjudication Using a Point System

5.3.1. The bidder obtaining the highest number of total points will be awarded the contract, unless

objective criteria exist justifying an award to another bidder or ACSA exercises one or more of its

disclaimers.

5.3.2. Preference points will be calculated after prices have been brought to a comparative basis taking

into account all factors of non-firm prices and all unconditional discounts

5.3.3. Points scored will be rounded off to the nearest 2 decimal places.

5.4. Award of Business where Bidders Have Scored Equal Points Overall

5.4.1. In the event that two or more bids have scored equal total points, the successful bid will be the

one scoring the highest number of preference points for B-BBEE.

5.4.2. However, when functionality is part of the evaluation process and two or more bids have

scored equal points including equal preference points for B-BBEE, the successful bid will be the

one scoring the highest score for functionality.

5.4.3. Should two or more bids be equal in all respects, the award will be decided by the drawing of lots.

5.5. Points Awarded for Price

The 80/20 Preference Point Systems

A maximum of 80 or 90 points is allocated for price on the following basis:

80/20

min

min180

P

PPtPs

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

5.5.1. Points Awarded for B-BBEE Status Level of Contribution


5.5.1.1. In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference

points must be awarded to a bidder for attaining the B-BBEE status level of contribution in

accordance with the table below

5.5.1.2. Bidders who qualify as EMEs in terms of the B-BBEE Act must submit an affidavit stating its annual

turnover, certificate issued by a Verification Agency accredited by SANAS.

5.5.1.3. Bidders other than EMEs must submit their original and valid B-BBEE status level verification

certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Verification

Agency accredited by SANAS. QSEs have an additional option of submitting a sworn affidavit as

its B-BBEE certificate in terms of the amendments to the B-BBEE Codes of Good Practice in 2013.

5.5.1.4. A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal

entity, provided that the entity submits their B-BBEE status level certificate.

5.5.1.5. A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an

unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if

they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every

separate bid.

5.5.1.6. Tertiary institutions and public entities will be required to submit their B-BBEE status level

certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

5.5.1.7. A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents

that such a bidder intends sub-contracting more than 25% of the value of the contract to any other

enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the

intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

B-BBEE Status Level of Contributor

Number of Points

(80/20 system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor

0


5.5.1.8. A person awarded a contract may not sub-contract more than 25% of the value of the contract to

any other enterprise that does not have an equal or higher B-BBEE status level than the person

concerned, unless the contract is sub-contracted to an EME that has the capability and ability to

execute the sub-contract.

5.6. Bid Declaration

Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the

following:

(B-BBEE Status Level of Contribution Claimed in Terms of Paragraphs Error! Reference source not

found.)

B-BBEE Status Level of Contribution: ________________ = _____________ (maximum of 10 or 20 points)

(Points claimed in respect of paragraph 0must be in accordance with the table reflected in paragraph

5.5.1.1and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency

accredited by SANAS).

5.7. Declaration with Regard to the Bidder

5.7.1. Name of bidding

entity

5.7.2. VAT Registration

5.7.3. number:

5.7.4. Company

registration number:

5.7.5. Type of company /

firm:

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited



5.8. Describe principal business activities

5.9. Company Classification

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transportation, etcetera.


5.10. Total numbers of years the company / firm has been in business:

___________________________________________

5.11. I/we, the undersigned, who is/are duly authorised to do so on behalf of the company/firm, certify that the

points claimed, based on the B-BBEE status level of contribution indicated in this bid of the foregoing

certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

5.11.1. The information furnished is true and correct;

5.11.2. The preference points claimed are in accordance with the General Conditions as indicated in this

Section;

5.11.3. In the event of a contract being awarded as a result of points claimed, the contractor may be

required to furnish documentary proof to the satisfaction of ACSA that the claims are correct;

5.11.4. If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or

any of the conditions of contract have not been fulfilled, ACSA may, in addition to any other remedy

it may have:


5.11.4.1. Disqualify the person from the bidding process;

5.11.4.2. Recover costs, losses or damages it has incurred or suffered as a result of that person’s

conduct;

5.11.4.3. Cancel the contract and claim any damages which it has suffered as a result of having

to make less favourable arrangements due to such cancellation;

5.11.4.4. Restrict the bidder or contractor, its shareholders and directors, or only the shareholders

and directors who acted on a fraudulent basis, from obtaining business from ACSA for

a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule

has been applied; and

5.11.4.5. Forward the matter for criminal prosecution.

5.12.

Witnesses:

2. ______________________________

__________________________ Signature(s) of bidder(s)

3. ______________________________

Date: ______________________________

Address: ____________________________________________

____________________________________________________


6. SECTION 7: RETURNABLE DOCUMENTS

6.1. Mandatory Returnable documents

ACSA will disqualify from the tender process any bidder that has failed to submit mandatory returnable

documents and information on the closing date and time. 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. The mandatory documents and information are as follows:

6.2. 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 documents

are as follows:

MANDATORY RETURNABLE DOCUMENTS AND INFORMATION SUBMITTED

[Yes or No]

B-BBEE Certificate

Tax Clearance Certificate (ACSA many not award a tender to a bidder whose

tax affairs have not been declared to be in orders by SARS)

CSD summary report with unique verification code.

Initial/stamp and where applicable sign all pages of the attached RFQ

Declaration of interest forms (attached RFQ document)

Quotation on bidder’s company letter head

6.3. Validity of submitted information

Bidders must ensure that any document or information which has been submitted in pursuance to this

tender remains valid for the duration of the contract period. The duty is on the bidder to provide updated

information to ACSA immediately after such information has changed.


7. SECTION 8: DECLARATION FORM

7.1. 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. Furthermore, ACSA requires all bidders to declare that they have not acted in any manner inconsistent

with the law, policy, or fairness.

7.2. 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 a / no relationship between the bidding entity or any of its shareholders /

directors / owner / member / partner with any ACSA employee or official.

Where a relationship exists, please provide details of the ACSA employee or official and the extent of the

relationship below


7.3. Full Names of Directors / Trustees / Members / Shareholders of the bidding entity

Full Name Identity Number Personal Income Tax Reference Number

7.4. 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.

Declaration:

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, ACSA

may disqualify our bid or terminate a contract we may have with ACSA where we are successful in this

tender.

___________________________ _________________________________

Signature Date

____________________________ __________________________________

Position Name of bidder


8. SECTION 10: DECLARATION OF FORBIDDEN PRACTICES

I/We hereby declare that we have not/been found guilty of any illegal activities relating to corruption, fraud,

B-BBEE fronting, anti-competitive practices and/or blacklisted by an organ of State Owned Company, etc.

and/or any other forbidden practices.

I/We declare the following:

Description Penalty Organ of State / State Owned

Company

a)

b)

Furthermore, I/We declare that to the best of my/our knowledge there is /are no further practices to be

declared or which are in the process of being finalised. The following are alleged practices which have not

yet been finalised.

Description Organ of State / State Owned Company

a)

b)

This declaration was signed on _______ of ____________________________ 201_____

Name:

Designation:

Signature: