REQUEST FOR PROPOSALS (RFP) - Professional... · request for proposals (rfp) the appointment of a...

Bid Reference Number: DIA36/2017

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REQUEST FOR PROPOSALS (RFP)

THE APPOINTMENT OF A PROFESSIONAL SERVICE PROVIDER FOR THE

INVESTIGATIONS, ASSESSMENTS, AND DESIGNS FOR THE 11KV RING SCADA AT

KING SHAKA INTERNATIONAL AIRPORT

BID REFERENCE NUMBER : DIA36/2017

ISSUE DATE : 19 April 2017

COMPULSORY SITE MEETING : 26 April 2017 at 11h00

QUERIES CLOSURE DATE AND TIME : 5 May 2017 at 16h00

RESPONSE TO QUERIES : 12 May 2017 at 16h00

CLOSING DATE AND TIME : 19 of May 2017 at 11h00

SUBMISSIONS DELIVERY : King Shaka International Airport, Reception, Multi Storey Office Block, Located Opposite the Pick-Up Zone

FOR ATTENTION : Sbonelo Malinga Supply Chain Management

BIDDER NAME :

BIDDER DETAILS / STAMP :


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INTRODUCTION Since inception approximately twenty 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 (BF),

Upington (UTN), Port Elizabeth (PLZ), East London Airport (EL), George Airport (GG), Kimberley

Airport (KIM) and the Corporate Office (CO).

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.

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.

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

standards. King Shaka International Airport has been recommended for ISO 14001-2015

accreditation. As such, we strive to continuously improve our operations thus minimising our impact

on the environment. We therefore want to ensure that our service providers comply with all

environmental requirements whilst operating on our site.

THIS BID IS OPEN TO ENTITIES BASED IN SOUTH AFRICA ONLY


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TABLE OF CONTENTS

SECTION DESCRIPTION

1 Invitation to Bid and Instructions to Bidders

2 Evaluation Process and Criteria (Including Mandatory / Eligible Returnable)

3 Scope of Works (Including Background and Purpose)

4 Insurance requirements

5 Other Returnable Documents, Declarations and Schedules

6 Appendices (Attached Separately)

Appendix 1 : Bid Advert

NB: Following Appendices to be completed by the successful bidder except for the visitors permit. (included for information purposes)

Appendix 2 : Safety File Requirements, Visitors permit, and Environmental

Management System Policy Statement

Appendix 3 Permit to work

Appendix 4 Different Category of Permit

Appendix 5 EMS048 ACSA Service Maintenance Contractors Environmental Terms

Appendix 6 Environmental Impact of Service and Maintenance Contractors

Appendix 7 Environmental Management System Policy Statement


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SECTION 1

INVITATION TO BID AND INSTRUCTIONS TO BIDDERS

AIRPORTS COMPANY SOUTH AFRICA INVITES BIDDERS FOR THE APPOINTMENT OF A PROFESSIONAL

SERVICE PROVIDER TO INVESTIGATIONS, ASSESSMENTS, AND DESIGNS FOR THE 11KV RING SCADA AT

KING SHAKA INTERNATIONAL AIRPORT

1.1 COLLECTION OF BID DOCUMENTS

Bid documents are available on the following websites from Thursday, the 19 April 2017

National Treasury: www.etenders.gov.za

ACSA: www.airports.co.za

1.2 QUERIES RELATING TO THE ISSUE OF THE BID DOCUMENTS

1.2.1 Any and all communication related to this bid must be reduced to writing via email or facsimile to the official as listed below:

Name : Sbonelo Malinga

Designation : Senior Buyer

Email : [email protected]

Facsimile : 086 572 7026

1.2.2 Bidders may not contact any ACSA employee on this bid other than those listed above. Contact will only be allowed between the successful bidder and ACSA Business Unit representatives after the approval of a recommendation to award this bid. Contact will also only be permissible in the case of pre-existing commercial relations which do not pertain to the subject of this bid.

1.3 SUBMISSION OF BID DOCUMENTS

1.3.1 The bid documents (1 Original and 1 Copy) must be in printed format and sealed in a clearly marked envelope/package marked with Bidder’s name, Bid Reference Number and Bid Description and Delivered to the following address:

King Shaka International Airport

Ground Floor,

MSO Building

Located in the Pickup Area

Attention:

1.3.2 Please ensure that Bidder’s address is reflected on the back of the envelope/package.

Bid must be submitted on or before 11h00 on the 19 May 2017- South African Time

1.4 LATE BIDS

1.4.1 Bids which are submitted after the closing date and time will not be accepted. Bidders must ensure that bid envelopes have the bidder’s return address on the outside which ACSA may use to return late bids.

1.4.2 Airports Company South Africa SOC Limited will not be liable for any late bids.

1.5 CLARIFICATION AND COMMUNICATION

http://www.etenders.gov.za/

http://www.airports.co.za/

mailto:[email protected]


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1.5.1 Request for clarity or information on the bid may only be requested until the Friday, 5 May 2017 at 16h00

1.5.2 Any responses to queries or for clarity sought by a bidder will be sent to all the other entities which have responded to this bid on or before Friday, 12 May 2017 at 16h00.

1.6 COMPULSORY BRIEFING SESSION

1.6.1 There will be a compulsory briefing session at 11h00 on Wednesday, 26 April 2017 at King Shaka international Airport, La mercy MSO Building.

1.6.2 Bidders must park at the shaded parking area in order for their parking tickets to be validated and parking costs waived. Failure to park at the shaded parking area will result to parking costs being incurred.

1.6.3 In addition to the technical person attending the meeting, and where possible, bidders may consider sending representative that is responsible for the compilation of the bid document to ensure that the requirements are understood. Where possible, bidders may provide their business cards at the site meeting.

1.6.4 ACSA may not be held accountable for loss, damage or injury to the bidder or the bidder’s property during site inspection session.

1.7 BID RESPONSES

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

1.7.2 Bidders may be disqualified where they have not materially complied with any of ACSA’s requirements in terms of this tender document.

1.7.3 Request for changes to the submitted proposals will not be allowed after the closing date of the tender.

1.7.4 All bid responses will be regarded as offers unless the bidder indicates otherwise.

1.7.5 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.

1.8 DISCLAIMERS

Bidders must note and accept that ACSA may:

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

b. Split the award of this tender;

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

d. Award the tender to a bidder other than the highest scoring bidder; and / or

e. Cancel this tender.

1.9 VALIDITY PERIOD

1.9.1 ACSA requires a validity period of one hundred and twenty (120) days for this tender from date of closure of bid.

1.9.2 During the validity period the prices which have been quoted by the bidder must remain firm and valid. In exceptional circumstance, ACSA may request extension of the validity of offers.


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1.10 CONFIDENTIALITY OF INFORMATION

1.10.1 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 from the bidder whose information is sought.

1.10.2 Furthermore, ACSA will not disclose the names of bidders until the tender process has been finalised.

1.10.3 Bidders may not disclose any information given to the bidders and part of this tender process to any third party without the written approval from ACSA. Please complete the Non-Disclosure Agreement.

1.11 HOT-LINE

1.11.1 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: 080 0008 080 / Free Fax: 080 0007 788 / Email: [email protected]

1.12 SPECIAL INSTRUCTION TO BIDDERS WHO SUBMIT BIDS THAT INVOLVE JV PARTNERSHIPS OR SUB-CONTRACTORS / SUB-CONSULTANTS

1.12.1 The following are the options available to bidders who bid as unincorporated Joint ventures, as well as those who will subcontract some of the work or services.

Available Options Tick (√) The

Chosen Option

1. Letter of authority / Power of Attorney must be issued by the JV Partner

or Subcontractor, giving the other party authority to complete and sign

the returnable schedules/forms on its behalf. This letter must be duly

signed before the commissioner of oaths.

2. All members of the Joint Venture or Subcontracting Companies must

co-sign the returnable schedules or forms. This means that all parties

to the bid offer will submit one set of returnable documents with

representative signatures from each JV partner or contractor and its

subcontractor / s.

3. Each member of the Joint Venture must sign its copy of the returnable

schedule / form. The same is true for the contractor and its sub-

contractor / s.

1.12.2 All parties to the bid (JV partners and subcontractors) must submit all the required returnable documents

mailto:[email protected]


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SECTION 2

EVALUATION PROCESS AND CRITERIA

2.1 EVALUATION PROCESS

ACSA will use a pre-determined evaluation criterion when considering received bids. The evaluation criteria will consider the commitment made for Mandatory, Functionality / Technical, Price and B-BBEE. During the evaluation of received bids ACSA will make an assessment whether all the bids comply with set minimum requirements and whether all returnable documents/information have been submitted. Bidders which fail to meet minimum requirements, thresholds or have not submitted required mandatory documents will be disqualified from the bid process.

The requirements of any given stage must be complied with prior to progression to the next stage. ACSA reserves the right to disqualify bidders without requesting any outstanding document/information.

A staged approach will be used to evaluate bids and the approach will be as follows:

Stage 1 Stage 2 Stage 3

Compliance to Mandatory Administration Criteria

Evaluate on Functionality or Technical Aspects of Bid

Evaluate Price and B-BBEE

This Table for ACSA Office Use Only: Yes / No

1. Bidder’s Attendance to Compulsory Briefing Session (Where applicable)

2. Bidder’s Attendance to Compulsory Site Meeting (Where applicable)

2.2 STAGE 1: COMPLIANCE TO MANDATORY / ELIGIBLE CRITERIA

2.2.1 Failure to comply / satisfy all the mandatory requirements below will result in disqualification of the bid.

2.2.2 Proof must be provided.

# Section A: Mandatory Returnable Information and Documents

(All Copies Must Be Certified With An Original Stamp)

Main Bidder Yes / No

JV Partner Yes / No

Sub - Contractor

Yes / No

1 Certificate of Attendance at Compulsory Clarification Meeting

2 Original and Valid SARS Tax Clearance Certificate for South African Companies

a. Original and valid tax clearance certificate issued by the

South Africa Revenue Service.

b. Bidders, who are not in a possession of an Original Valid Tax Clearance Certificate, are required to give ACSA authority in writing to verify their Tax Compliance Status from SARS. This authorisation must include the bidder’s tax compliance status reference number and a PIN issued by SARS.

NB: No bid will be awarded to any person / entity whose tax matters have not been declared by the South African Revenue Service to be in order.

3 Declaration of Bidder’s Past Supply Chain Practices

Form duly completed and signed


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# Section A: Mandatory Returnable Information and Documents

(All Copies Must Be Certified With An Original Stamp)

Main Bidder Yes / No

JV Partner Yes / No

Sub - Contractor

Yes / No

4 Certificate of Independent Bid Determination


5 Certified copies (Copy with original stamp) of your CIPC

entity (Close Corporation, Ltd, Pty Ltd, Trust registration documents listing all members/shareholder/trustees with percentages, in case of a CC or Pty.

Certified copies of South African Identity Documents or

Valid Passports of Members / Directors / Owner / s (In a case of a sole proprietor or Partnership)

6 Form of offer or Price schedule

Duly completed and sign

Acceptance of ACSA’s payment terms (as defined under the Pricing Schedule)

7 Transformation framework and specification form

Bidders must sign the transformation and specification form.

Bidders must submit a proposal detailing how will the CPG targets outlined in the transformation framework and specification form will be achieved.

NB*: Bidders must subcontract 25% of project Value to a

51% owned by designated group as per PPPFA Regulations 2017

8 Proof of ECSA registration for Lead Consultant

Section B: Other Essential Documents Relating to the Bidding Entity

9 Proof of Insurance

Proof of cover in the form of a certificate of insurance must be provided to ACSA before a contract is signed between ACSA and the contractor and/or consultant. The Tenderer must attach an original letter from a Bank or a FSB registered or NCR registered financial institution with whom he has made the necessary arrangements, to the effect that the said institution will be prepared to provide the required insurance cover (as staed under 2.10) when asked to do so.

10 Declaration of Interest form


11 Valid Letter of Good Standing in terms of COID Act*

Bidder (and where applicable, sub-contractor) must provide Letter of Good Standing with the office of the Compensation Commissioner regarding the Compensation for Occupational Injuries & Disease Act. (Copy with original stamp) Must be valid at the time of close of bid and a valid certificate must be produced at the time of award if the certificate expires between close of bid and award.

12 Declaration of correctness and Acceptance of ACSA terms and Conditions

Duly completed and signed form

Duly authorised representative to initial at the bottom of each page of the Bid as acceptance of the terms and conditions.

13 All other returnable documents as indicated in section 5, item number 5.1 that may be deemed necessary

Bidders are requested to submit essential returnable documents with the tender documents. ACSA reserves the right to request outstanding essential documents during the evaluation process and the bidder will be expected to provide such within limited period. Failure to provide any outstanding information will lead to a proposal being deemed non-responsive.


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2.3 CERTIFICATE OF ATTENDANCE AT COMPULSORY CLARIFICATION MEETING Compulsory Briefing Meeting: will be held at the ACSA Multi Story Office, King Shaka International Airport, La Mercy.

This is to certify that the following person attended the compulsory briefing meeting held on 26 April at 11:00 at the above

address

Full Name and Surname :

Company / Bidding Entity :

ACSA Representative (Full Name and Surname)

:

ACSA Confirming - Briefing Attendance

:

Company Stamp

Representative Signature

ACSA Confirming - Site Inspection Attendance

:

Company Stamp

Representative Signature


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2.4 STAGE 2: EVALUATION OF FUNCTIONALITY / TECHNICAL CRITERIA

The functionality / technical evaluation will be conducted by the Bid Evaluation Committee (BEC), which comprises of various skilled and experienced members from diverse professional disciplines.

Only bidders who qualify in Stage 1 evaluation will be evaluated in Stage 2.

The criteria are as follows:

2.4.1 Threshold:

The functional / technical evaluation will be based on a threshold, where bidders which fail to achieve the Threshold Points per criteria AND the overall minimum of 65 points on the functional / technical stage will not be considered for further evaluation.

# Evaluation Criteria Sub-Criteria SCORE MAXIMUM SCORE

1. Company Experience: 15

Successful completion of designing MV Reticulation or LV Reticulation or SCADA System. Include associated completion certificates or reference letters.

NB: No points will be allocated to non-compliance with the requirements of this section.

a. Non-Project 0 Point’s

b. 1 Project 5 Point’s

c. 2 Projects 10 Point’s

d. 3 Projects 15 Point’s

2. Key Personnel’s

2.1 Electrical Engineering Project Manager CV ‘s 25

Project Manager: Provide the CV with contactable references for each project

Professional experience: Design and Project Management, MV and LV Distribution/Reticulation and SCADA System

a. No CV submitted 0 Points

b. Less than 2 years’ experience 5 point’s

c. 2 to Less than to 3 years’ experience

10 Points

d. 3 to Less than 5 years’ experience

15 Points

e. 5 to Less than 7 years’ experience

20 Points

f. 8 or more years’ experience 25 Points

2.2 Senior Electrical Design Engineer CV’s 25

Senior Electrical Design Engineer: Provide the CV with contactable references for each project

Professional experience. Design of large MV

bulk power reticulation systems and SCADA Systems

a. No CV submitted 0 Points

b. Less than 2 years’ experience 5 point’s

c. 2 to Less than to 3 years’ experience

10 Points

d. 3 to Less than 5 years’ experience

15 Points

e. 5 to Less than 7 years’ experience

20 Points

f. 8 or more years’ experience 25 Points


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# Evaluation Criteria Sub-Criteria SCORE MAXIMUM SCORE

3 Provide with a Project Methodology and Project Schedule. 15

a. No programme 0 Points

b. Poor (only major work items shown

5 point’s

c. Adequate (all necessary work items shown and links between

10 Points

d. Excellent (all necessary work items shown including subtasks and links between tasks

15 Points

4 Transformation 20

4.1 Supplier Development Commitment

Provide a detailed Development Plan and complete the Schedule of Proposed Sub–Contractors (Table 3)

a. Bidders who subcontract to entities that are 51% owned by designated group

0 Points

b. Bidder to indicate how supplier development will be achieved for this service.

20 Points

c. Provide a detailed Supplier Development Plan of EME’s or QSE’s to be subcontracted. (Indicate Subcontracting % in SBD6.1 herein)

d. OR In the case that a

bidder is an EME’s or QSE’s the bider to provide its own Development Plan.

TOTAL POINTS Bidders must score a minimum Threshold Point per criteria and a minimum of X out of 100 points to be considered for further evaluation.

100

Table notes:

1. Similar type of projects refers to:

1.1. Design and Project Management of MV/LV Distribution systems, Substation Designs and SCADA System


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2.5 STAGE 3: EVALUATION OF PRICE AND B-BBEE

PRICING INSTRUCTION AND SCHEDULE SBD 3

2.5.1 Price and B-BBEE:

This is the final stage of the evaluation process and will be based on the PPPFA Preference Point System of 90/10 where Price will amount to 90 points, and B-BBEE will amount to 10 points. The award of business will be made to a bidder which has scored the highest overall points for this stage of the evaluation, unless objective criteria exists, justifying an award to another bidder or ACSA splits the award or cancels the bid, etcetera. Pricing schedule is to be completed. Failure to submit a priced offer using the prescribed schedule will make the bid liable for disqualification.

2.5.2 Pricing Instructions:

2.5.2.1 Bidders must price in accordance with the pricing schedules below, this will enable ACSA to compare priced offers.

2.5.2.2 Failure to submit a priced offer using the prescribed schedules will make the bid liable for disqualification.

2.5.2.3 A Detailed Breakdown of costs must be attached.

2.5.2.4 All rates quoted as part of this bid will apply to ad-hoc works as/when required (additional work outside scheduled maintenance).

2.5.2.5 Do not leave any area blank in the pricing schedules.

2.5.2.6 Permit costs:

Permit costs will need to be paid up front by the successful bidder and ACSA will reimburse against proof of payment.

No mark-up to be levied on Permit costs.

All employees will be checked for criminal records and no permit will be granted to those with criminal records.

Cost for lost permits and new employees will not be reimbursed by ACSA.

2.5.2.7 No Mark-up to be levied on items provided by ACSA (e.g. Lease, Water, Electricity, Permits etc.)

2.5.2.8 Procured Items and Services:

Consumables will be charged at cost plus mark-up.

VAT will not form part of mark-up calculations.

ACSA will provide the storeroom where the materials will be stored.

The procured materials / consumables quotes must be market related and contractor to provide a receipt from supplier. Cost shall be net cost (excluding VAT) of parts supplied to site with all discounts deducted.

All material supplied must be of good quality.

2.5.2.9 The Bid offer must be inclusive of VAT.

2.5.2.10 The VAT portion must be indicated separately.

2.5.2.11 Payment for this contract will be against proven cost.

2.5.2.12 Annual Increases will be negotiated with CPI being the maximum granted.


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2.5.3 Pricing Schedule:

The Guideline Scope of Services and Tariff of Fees for Persons Registered in terms of the Engineering

Profession Act, 2000 (Act No. 46 of 2000). Fees based on the cost of works shall apply.

The estimated construction cost for this project is R4,5m

Normal electrical engineering services (detail design, preparation of working drawings and managing

this portion of the contract)

Project Type Fee Category Charge Percentage Consultant Cost in

Rand’s

Industrial process, wiring

and instrumentation

E

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VAT IS

In Words

In Numbers R

Is the price offered firm Yes No

If not, provide details of the basis on which adjustments will be applied for.

Bidder / Entity’s Name

Represented By

Capacity

Signature

Date


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SECTION 3: PURPOSE AND SCOPE OF WORK

3.1 BACKGROUND

King Shaka International Airport 11 KV MV Reticulation is made up of Nine (9) Substations and thirty (30) Mini-

Substations. The switching operations in these substations is conducted manually or via umbilical cord device. The

safe solution is required to achieve a remote switching and have a visual feed during switching operations. The

SCADA system must be installed on the standalone redundant network connected to the remote-control room.

3.2 DETAILED DESCRIPTION OF WORKS/GOODS

Develop a full Scope of Works (SOW) for the following

Design, procurement and project management of the Installation 11 KV Reticulation SCADA at KSIA.

Develop the project plan and implementation methodology

Draft the SCADA tender specification and form the part of ACSA CFST (Cross Functional Sourcing Team)

Form the part of ACSA BEC (Bid Evaluation Committee)

Project manage the procurement and installation of SCADA system

Commissioning of the new equipment

Provide and update the existing as built drawings accordingly

Provide training to the user and the maintenance personnel after the hand over to the client (ACSA)

Convene, chair and minute meetings with the Client and Contractors as and when required.

Construction Monitoring and co-coordinating information supplied by Contractor as agreed at meetings.

Preparation of documentation schedules, to be agreed with Contractors.

All designs should comply with SANS standards and applicable prescribed standards.

Bidder to submit the project milestone or Gantt chart indicating key project milestones with all relevant

returnable schedules

Provision of normal service as ESCA Act No.46 of 2000


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3.3 DELIVERABLES

Specifications.

Project management and delivery co-ordination.

Design, working and as built drawings.

Budget construction cost and predicted cash flows.

Tender documentation.

Tender evaluation report and Tender recommendations.

Priced contract documentation.

Construction instructions and variation orders, approval and issuing of payment certificates

Project progress reporting and project close off report, practical completion, and defect list compilation.

Operations and maintenance manuals, guarantees and warranties

Fully remote and manual operated MV SCADA system.

Full remote control and monitoring for all KSIA Substations

Fully real time monitoring of the whole KSIA MV Reticulation

Live visual footage to be supplied in the control room to enable remote substations switching.

Provide a full redundancy on the PLC and communication medium

3.4 TIMEFRAME

Detail design to be complete by August 2017

Contractor appointment to be completed by end November 2017

The projects fully implemented by end August 2018

3.5 SPECIAL CONDITIONS

a) Work will be conducted on both day and night to minimize the impact on operation. Work program to

cater for work after hours that will require power outages.

b) Safety measures to be adhered to according OHS Act. Adhere to ACSA airside safety requirements

regarding equipment, vehicles, and personnel operating on the airside.

c) Bidder to submit professional indemnity with R1million insurance to be allowed to work on airside

d) Full risk analysis on working MV systems to be conducted and mitigation thereof to be submitted as the

part of the tender submission.


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3.6 CONTRACTUAL STRATEGY

NEC 3 Professional Services Contract shall apply

Competence and Conduct of Workmen and Supervisory Staff

The Consultant shall employ in and about the Works only such persons as are careful, competent, and efficient in

their several trades and callings. Airports Company South Africa Limited may object to and require the

Consultant to remove from the Works forthwith any person employed by the Consulting Service Provider who, in

the opinion of Airports Company South Africa Limited, misconduct’s himself or is incompetent or negligent in the

proper performance of his duties. Such a person shall not be employed under the works again without the

permission of Airports Company South Africa Limited.

Replacement of Staff

Staff removed for any reason whatsoever shall be immediately replaced. Replacement staff shall have competence

and abilities equal to or better than that of the personnel they replace.

Certificates/Approval and Payments

The Consultant shall submit his claims for payment for work performed, upon completion of the Services to Airports

Company South Africa Limited for certification/approval. Subject to any special provisions in the Specification and

subject to any deductions which Airports Company South Africa Limited may be authorised to make under the

terms of the Agreement, the Consultant shall be entitled to payment upon certification. Payments of the amounts

so certified shall be made to the Consultant by Airports Company South Africa Limited within 30 days after date of

statement from the Consultant.

Permits

a) The Service Provider shall procure the services at King Shaka International Airport. All airside services are

in restricted areas and access controlled areas; accordingly, it is crucial for the Service Provider to note

that King Shaka International Airport is a National Key Point and governed as such.

b) The Service Provider shall be compensated for costs relating to Employer required permits.

c) The Service Provider must ensure that he/she is, at all times, familiar with the Employer’s safety and

security requirements relating to permits in order for no services to be delayed as a result thereof. This

includes the permit application process (available to the Service Provider upon request).

d) The Service Provider shall have no claim against the Employer in the event that a permit request is refused

for reasons not attributable to the Employer.

e) The following table is not all inclusive, but is provided for illustration purposes:


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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 services ACSA Safety / Fire & Rescue

e)f) 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.

f)g) 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.

g)h) The Service Provider shall not be allowed to use two-way radios at on the Employer’s Premises unless

these radios are of the type as approved by the ACSA IT department and are intrinsically safe.

4. Identified Risks

Risk Mitigation Risk Owner

Accidents/Incidents on airside Drivers to have AIT/AVOP Contractor to submit R1m insurance

Contractor/Consultant Contractor/Consultants

Delivery delays Penalty clauses to be enforced ACSA

Rainy Days Contract will cater for delay cost Consultant/ACSA

Working on HT System Permit to wok system will be enforced

Consultant/ACSA

Cost escalation Strict financial controls in place to control price escalation and minimise Variation Orders.

Consultant/ACSA


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5. Contract Management:

Contractual Item Responsibility Comments

Variation order Project Manager/ Consultant Approved VO, can only be processed when accompanied by the third party invoice or quoted as per labour rates submitted during tendering stage.

Payment Certificate/Invoice Project Manager/ Consultant Payment will be paid per percentage of work completed based on the project milestone submitted by The Service Provider during tendering stage

Penalties Project Manager/ Consultant The penalties will be enforced as per contract agreement

Contractor Performance Project Manager Consultant performance will be reviewed monthly against the set milestones

Progress Meetings Compulsory meeting will be held monthly to track progress made and attend to challenges onsite, alternatively on the request by The Service Provider.

Consultant will be responsible to take minutes and distribute within three working days after the meeting

Project Close out report Consultant to submit test, performance and final financial report on completion of the project

Report will be compared against the design report; any deviation will be addressed by The Service Provider at their cost, and the penalties will be issued

Drawings/Reports The relevant Drawings will be issued to the successful bidder at their request, subjected to the availability of

these drawings.


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SECTION 4

4.1 Insurance requirements for contracts below R50million on the AIRSIDE

4.1.1 Contract Works

With regards to contract works claims, the contractor / consultant is responsible for a deductible (excess)

of R250 000.

Contractors / consultants may re-insure the deductible

4.1.2 Public Liability

In the event of a claim brought against the contractor / consultant for 3rd party property damage the

contractor / consultant will be responsible for a deductible (excess) of R525 000

In the event of a claim brought against the contractor / consultant for removal of lateral support, the

contractor / consultant will be responsible for a deductible (excess) of R750 000

In the event of a claim brought against the contractor / consultant for damage to aircraft, the contractor /

consultant will be responsible for a deductible (excess) of R750 000

Contractors / consultants may re-insure the deductibles

4.1.3 Professional Indemnity

All consultants are responsible for Professional Indemnity cover of R5million

Contractors who have a material design element, excluding typical P & G related work, as part of their

scope, are responsible for a Professional Indemnity cover of R5million.

In the event of a claim above R5million, the ACSA PI cover will kick in for the amount in excess of R5million.

Proof of cover in the form of a certificate of insurance should be provided to ACSA before a contract is

signed between ACSA and the contractor and/or consultant.

NB: The bidder hereby acknowledges that, in the event of their bid being successful, the necessary insurance requirements shall be met prior to signing of the contract. Proof of insurance must be submitted to the satisfaction of ACSA upon award.

Bidder / Entity Name :

Authorised Signatory Name Duly Authorised Person to Sign

:

Position :

Signature :

Date :


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4.2 SPECIAL REQUIREMENTS AT AN OPERATIONAL AIRPORT

Work done on or near an active airport is subject to several special requirements and conditions to ensure the safe

operation of the airport at all times. The work under this contract is to be carried out under operational conditions.

Various limitations and requirements are to be taken cognizance of during the preparation of the tender and the

construction programme. These limitations will not entitle the contractor to claim for extension of time.

1. Airports Manager

The Airports Manager is at all times responsible for the effective and safe operation of the airport. The

Airports Manager or his designated representative will represent the Employer at the airport and he has full

authority to act on behalf of the Employer, as set out in the contract documents.

The Airport manager will issue the necessary application forms to those who apply to the airport management

for an airside vehicle permit and/or an Airport Security Permit and will decide, on receipt of the completed

forms, whether or not to issue permits.

The Airport Management may at any time withdraw or suspend an Airside vehicle Permit or any Airside

Security Permit .All negotiations between the Contractor and the airport management shall be through the

Engineer.

2. Airport Security and Safety

All personnel of the Engineer or Contractor will have to undergo a Security and Safety Awareness

Programme before the start of the contract .The Engineer/Contractor shall ensure that airport security is at

all times complied with by his own personnel, all subcontractors and their personnel as well as all suppliers.

Access to the security area for personnel, vehicles and construction plant can only be obtained with

permission from the Employer. Permits may be required for personnel and vehicles frequently moving

through the security check points and shall at all times be visibly displayed while a person or vehicle is within

the security area. Identity Documents must be available and presented on request.

Permits are only valid for a specific area inside the security area and the responsibility rests with the

Contractor to control the movement of personnel, plant and vehicles to ensure their compliance with this

requirement. A Prime Cost Sum has been provided for the cost of any permits required.

The Contractor will be required to provide permits for each and every material delivery vehicle entering the

site, and they are to be escorted by a permit and radio license holder. The Employer may withdraw any or

all permits without prior notice in the case of misuse, in which case the Contractor will have no claim against

the Employer.

The Contractor shall make specific arrangements with the Employer, through the Engineer, to ensure the

expedient delivery of time-dependent materials such as asphalt. If required, the Contractor shall supply

additional security personnel, approved by the Airport Manager to assist with security control. If, due to the

extra volume of construction traffic that has to pass through security, additional entrance facilities have to be

provided, it shall be done in consultation with the Airport Manager and Engineer. These facilities and

personnel have to be provided by the Contractor.

3. Responsibilities of Consulting Engineers/Contractor

As a condition of approval of an application for an Airside Vehicle Permit, the Consulting Engineer/Contractor

shall ensure that all vehicles and drivers are covered by the Contract Works, Public Liability and SASRIA

Special Risks Insurance. When a vehicle is no longer required for airside use, the Engineer/ Contractor must

upon removing it from airside use, remove and return the Airside Vehicle Permit to the airport manager.


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The Engineer/Contractor shall immediately report to the airport manager all notifiable accidents and shall

ensure that arrangements are in place for the rapid removal and/or repair of its vehicles should they become

immobilised on movement areas. Plant, equipment and personnel of the Engineer/Contractor shall at all

times operate and remain 50m clear of all active runways and taxiways (measured from nearest edge of

facilities). In Cat 2 conditions the 50m increases to 100m.

4. Accident/Penalties

The Engineer/Contractor shall report to the Airport Manager any accident involving vehicle or plant under

their control where the accident has involved injury or damage to another vehicle, aircraft or airport property;

or where there is injury to driver(s) or passenger(s) in the vehicle. The prescribed accident report shall be

used for this purpose.

Distinction will be made between the following types of accidents:

(i) Accidents of minor nature not having effect on the operational efficiency of the involved vehicles,

building or airport property.

(ii) Accidents causing property damage affecting the operational efficiency of vehicles or infrastructure or

causing injury to persons traveling in vehicles.

Accidents in the first category must be reported to the Airport Manager within 24 hours. Accidents in the

second category must be reported to the Airport Manager immediately and the South African Police Services

(SAPS) shall be called to the accident site to investigate and report on the causes of the accident. Where

possible neither the driver, the passenger or vehicles should leave the accident site before the arrival of the

SAPS.

The parties involved must ensure that adequate arrangements are made for the rapid removal or repair of

the immobilised vehicles on operational areas.

All accidents/incidents, irrespective of the seriousness thereof, affecting aircraft or loading bridges, must be

reported immediately to the AM.

The Airport Manager reserves the right to:

Withdraw any airport security permit.

Withdraw any airside vehicle permit, if it is considered necessary tow away vehicles when parked

incorrectly.

5. Identification and Warning Lights

All construction vehicles and self-propelled plant used inside the security area shall be properly marked to

promote easy identification. A register of all identification numbers for all vehicles shall be kept up to date

by the Contractor and shall at all times be available for inspection by the Airport Manager or Engineer. Each

vehicle or self-propelled plant item, as required by the Engineer, shall be fitted with an approved amber

rotating warning light which shall be in continuous operation while the vehicle is moving in the security area.

The Contractor will be responsible for all costs involved in this item.

6. Additional Security Measures

No cameras or the taking of photos will be allowed within the security area without written approval from

the Airport Manager. No fire-arms, explosives or any other weapons may be brought into the security

area.


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Smoking and the making of fires are prohibited in certain areas of the airport. Open fires may only be

made in designated areas after written permission has been obtained from the Airport Manager, who will

also supervise such fires. No smoking is allowed in the apron areas.

No accommodation of personnel will be allowed in the security area of the airport.

No drawings, sketches, diagrams, information, etc. pertaining to the works, airport, accidents, etc. may

be made, reproduced or registered, except when it is necessary for the execution of the contract. No

information regarding accidents, airport activities, reports, etc. shall be given to anybody and no press

release shall be made or interview may be given to anybody without the written permission from the

Airport Manager.

Any interference with airport personnel, equipment or aircraft will be considered as an infringement of

this clause. The Contractor will be held responsible for any damage, direct or indirect, to any airport

equipment, aircraft, etc. caused by his own personnel or those of his subcontractors or suppliers whether

on duty or not. The Contractor shall make good all costs necessary to remedy the situation including re-

calibration of equipment where necessary. The Contractor shall note that especially navigation

equipment is extremely sensitive and may be disturbed by sitting or leaning on it.

No aircraft may be touched or moved by any member of the construction team. In case of an aircraft

accident, no assistance what so ever may be given by the Contractor unless specifically requested and

all staff must stay away from any part of an accident scene for a distance of at least 300m.

If the Contractor is found lacking in any of the security measures or requirements, it will be sufficient cause

for the termination of all construction activities until the matter has been rectified to the satisfaction of the

Airport Manager.

No claim resulting from inadequate security and safety measures will be considered.

7. Compliance with Instructions

If the Contractor does not promptly comply with all instructions of the Airport Manager and Engineer, the

Employer has the right to amend the working schedule in aid of safety. The Engineer also retains the right

to suspend all works until the Contractor, in the opinion of the Engineer, complies with the requirements.

8. Delays Caused by Airport Management

If delays, leading to an extension of time, are caused by aspects such as airport requirements, a reasonable

claim for extension of time may be considered. However, if such delays coincide with delays caused by other

circumstances, such as weather conditions, no claim for extension of time caused by requirements of airport

management will be considered.

9. General Requirements for Execution of the Work

At the end of each work period, all plant, vehicles, material and obstructions must be removed to a

demarcated safe area. The cost of removal of plant and materials and cleaning operations shall be deemed

to be included in the relevant work items or in the general items. The Engineer reserves the right to ban any

item of plant or equipment which leaks excessive amounts of fuel or oil. In addition all significant spillages

of fuels and oils will be cleared immediately to the satisfaction of the Engineer failing which the Engineer

reserves the right to have this work carried out by a third party to the cost of the Contractor.

The Employer retains the right to clean any of the mentioned areas if the Contractor neglects to do so to his

satisfaction. In such a case the costs incurred by the Employer will be recovered from the Contractor at a


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rate of R400,00 per hour or part thereof taken by the sweeping machine of the Employer to do the work.

This cost will be deducted from any monies payable to the Contractor.

If night work has to be done only suitable power and lighting units, approved by the Engineer, complying with

the requirements of the Occupational Health and Safety Act No. 85 of 1993 , SABS 0142-1981and ICAO

Annex 14 regulations shall be used.

10. Times for the Execution of the Works

Most of the work on this contract must be executed minimizing disruptions to airport operations. If, due to

airport requirements, certain aspects of the work have to be done during night time, the following will apply:

The Contractor shall supply sufficient lighting facilities to enable him and his subcontractors to perform the

work according to the requirements of the specification.

At the end of the night’s work all lights, power plants, etc. must be removed to a safe area indicated by the

Engineer and the Airport Manager. Remuneration for the acquisition, transport, erection and maintenance

of lighting and power plants shall be included in the items provided and shall be all-inclusive. Power plants

that spill fuel or oil will not be allowed on the works.

11. Movement on the Airport, Barriers, Lights and Marks

It is the responsibility of the Contractor to properly control the movement of personnel, vehicles and plant

connected to the contract. The Contractor shall erect, remove and maintain all temporary barriers, warning

lights and marks as required by the Airport Manager. These control and limitations to movement of the

Contractor will not be paid for separately and sufficient provision for it shall be made in the tendered items.

Delays and disruption of the contractor's programme or progress as a result of the above requirements will

not constitute reason for a claim of whatever nature.

12. Dust and Pollution Control

The Contractor shall limit dust pollution to the minimum as required by the Airport Manager. During windy

conditions, the Engineer may temporarily suspend all work where dust pollution creates unacceptable

conditions until such time that conditions return to normal.

In the case of working areas alongside the taxiways it shall be a definite requirement that at all times,

weekends included, exposed areas are kept damp and free from dust and loose material which may be

sucked into the engines of passing aircraft. The taxiways adjacent to the works shall be swept as required

but at least daily.

All costs involved in dust and pollution control shall be borne by the Contractor.

13. Storing of Vehicles, Plant and Materials

It is a requirement that, at the end of each work period, all vehicles and plant are returned to the designated

camp area allocated to the Contractor. With the approval of the Project Manager / Engineer, certain

equipment may remain on or near the work area if the area is properly demarcated. If material is temporarily

stored outside the designated campsite, stockpiles shall be limited to a height of 1, 0 m above natural ground

level.

14. Fires

No open fires whatsoever will be allowed. All necessary precautions must be taken to prevent veld or other

unauthorized fires. In the case of fire, including veld fires, the Contractor must instruct his employees to assist


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the airport management in extinguishing the fire if requested to do so. The Contractor shall indemnify the

Employer against claims that may arise from fires due to negligence by the Contractor or his operations. If it

is required by the Employer to extinguish any fires caused by the Contractor, the cost thereof will be for the

Contractor. In case of a fire caused by air traffic activities, the area involved shall immediately be evacuated

by the Contractor to an area beyond a radius of 300 m from the fire.

15. Environmental

The Airports Company South Africa (ACSA) recognises the impacts airport expansion projects have on the

environment during the planning, design and construction phase of new projects and embraces the

obligations of corporate environmental responsibility to manage and minimise these impacts as far as

possible.

Design consultants are encouraged to explore and implement (where possible) feasible opportunities for

minimising environmental impacts in the form of storm water, soil and groundwater pollution, resource and

raw material utilisation, as well as energy and water conservation measures.


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4.3 HEALTH AND SAFETY REQUIREMENTS AND PROCEDURES

1. REPLACEMENT OF STAFF

1.1. Staff removed for any reason whatsoever shall be immediately replaced.

1.2. Replacement staff shall have the competence and abilities equal to or better than that of the personnel they replace.

2. HEALTH AND SAFETY REQUIREMENTS AND PROCEDURES

2.1. 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.

2.2. 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 successful bidder is expected to sign the undertaking in this regard as attached. 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 Service Manager.

2.3. The Safety File for all works must be handed to ACSA safety department at least 10 days prior to doing any work.

2.4. Hot works permit is obtainable from Safety Department – Prior arrangement must be made before execution of work.

2.5. Letter of good standing with the Compensation Commissioner from the Department of Labour is a legislated requirement – Without this letter, no works can take place at the airport.

2.6. 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.

2.7. Penalties shall depend upon the severity of the infringement. The decision on how much to impose will be made by ACSA’s SHE Representative, 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.

2.8. 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.

2.9. 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

Multi-Storey Office (MSO) Building

2.10 Any process in the above mentioned areas involving open flames sparks, cutting or heat shall be authorised by the issue of a permit to work - obtainable from the Safety department. Any work done under the protection of a permit to work shall be in strict compliance with every prescription regarding the permit.

2.11 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.

2.12 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.


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4.3 HEALTH AND SAFETY REQUIREMENTS AND PROCEDURES

2.13 No person shall perform an unsafe / unhygienic act or operation whilst on Company premises.

2.14 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.

2.15 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 costs 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.

2.16 The Contractor shall maintain good housekeeping standards in the area where he is working for the duration of the contract.

2.17 At no time must the Contractor interfere with, or put at risk, the functionality of any fire detection and/or fire prevention system. Care must also be taken so as to prevent fire hazards.

2.18 The Contractor is required to issue all staff with standard uniform that is to be approved by the Employer’s representative. 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.

2.19 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.

2.20 The Contractor will not be allowed to use two-way radios at the Airport unless these radios are of the type as approved by the ACSA IT department.


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SECTION 5

OTHER RETURNABLE DOCUMENTS, DECLARATIONS, AND SCHEDULES


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5.1 RETURNABLE DOCUMENTS

All copies must be certified with an original stamp

Section No.

Other Returnable Documents and Information Main Bidder

Yes / No JV Partner Yes / No

Sub –Contractor Yes / No

1.2 A Joint Venture Agreement in case of a Joint Venture

2.3.1 Detailed methodology and approach for this works – as requested for in the Functionality Table.

2.5 SBD3:

Pricing Schedule / s

Attach Supporting documents

Separate Detailed price schedule,

4.1 Proof of Insurance

Bidder to provide a letter duly signed by an authorized individual to satisfy the insurance requirements.

5.2 SBD2: Original and Valid SARS Tax Clearance Certificate for South African Companies

a. Original current tax clearance certificate issued by the South Africa Revenue Service.

b. Bidders, who are not in a possession of an Original Valid Tax Clearance Certificate, are required to give

ACSA authority in writing to verify their Tax Compliance Status from SARS. This authorisation must include the bidder’s tax compliance status reference number and a PIN issued by SARS.

NB: No bid will be awarded to any person / entity whose tax matters have not been declared by the South African Revenue Service to be in order.

5.3 SBD8:

Declaration of Bidder’s Past Supply Chain Practices


5.4 SBD9:

Certificate of Independent Bid Determination



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Section No.




5.5 Certified copies (Copy with original stamp) of your CIPC entity (Close Corporation, Ltd, Pty Ltd, Trust registration

documents listing all members/shareholder/trustees with percentages, in case of a CC or Pty

5.6 SBD4:

Declaration of Interest form


5.7 SBD6.1:

Preference Claim Forms in terms of Preferential Procurement Regulations AND

Accredited and Valid BEE certificates.

SBD6.1 must be completed when claiming for BEE points

5.8 SBD10:

Non-Disclosure Agreement - Form duly completed and signed

5.9 Valid Letter of Good Standing in terms of COID Act*

Bidder (and where applicable, sub-contractor) must provide Letter of Good Standing with the office of the Compensation Commissioner regarding the Compensation for Occupational Injuries & Disease Act. (Copy with original stamp)

Must be valid at the time of close of bid and a valid certificate must be produced at the time of award if the certificate expires between close of bid and award.

5.10 SBD 11:

Record of Addenda

issued to bidders before the bid closing date

To be completed only if ACSA issued addenda

5.11 SBD 12:

Authority for Signatory Form duly completed and signed

5.12 SBD 13 Declaration of correctness and Acceptance of ACSA terms and conditions

Duly completed and signed form

Duly authorised representative to initial at the bottom of each page of the Bid as acceptance of the terms and conditions.


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Section No.




5.13 Shareholders / Member / Partner information -

Provide Certified copies (Copy with original stamp) of latest Share Certificate / s or Share breakdown

5.14 A partnership letter/ Partnership agreement (In case of a Partnership)

5.15 Comprehensive CVs of Key team members with traceable references and necessary supporting documentation.

5.16 Company Experience

5.17 Company Profile / s (Bidder and where applicable sub-contractor)

5.18 Proof of Company Registration with Recognised Body/Association.

5.19 Certified copies of South African Identity Documents or Valid Passports of Members / Directors / Owner / s (In a

case of a sole proprietor or Partnership)

5.20 Transformation

Provide a detailed Development Plan

5.21 APPROACH PAPER DEALING WITH THE FOLLOWING SUBTOPICS:

Potential risks to Project Objectives and how to mitigate the risks included, Cost control, Health and

safety/environmental, Technical approach included and Quality plan

5.22 Provide a proof of ECSA Registration for Lead Consultant


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5.2 SBD2 TAX CLEARANCE CERTIFICATE REQUIREMENTS

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations. 1. In order to meet this requirement bidders are required to complete in full the attached form TCC 001

“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit bids.

2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year

from the date of approval. 3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original

and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable.

4. In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate

Tax Clearance Certificate. 5. Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch

office nationally or on the website www.sars.gov.za. 6. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,

taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.

Jeyrel: \Mdk416-SBD2 tax clearance

http://www.sars.gov.za/

http://www.sars.gov.za/


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5.2.1 SBD2 INSERT TAX CLEARANCE CERTIFICATE HERE


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5.3 SBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

To Be Completed by Bidder

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

4.1.1 If so, furnish particulars:

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


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

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


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5 Certification

I, the undersigned (name) ………………………………………………………………………………………...…………..……………………………

certify that the information furnished on the 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.

Bidder Name :

Name :

Position :

Signature :

Date :


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5.4 SBD9 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. disregard 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.


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SBD9 CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

BID REFERENCE NUMBER: DIA23/2017 AIRPORTS COMPANY SOUTH AFRICA INVITES BIDDERS FOR THE

APPOINTMENT OF A PROFESSIONAL SERVICE PROVIDER TO INVESTIGATIONS, ASSESSMENTS, AND DESIGNS

FOR THE 11KV RING SCADA AT KING SHAKA INTERNATIONAL AIRPORT, 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 Bidding Company)

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;

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.


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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.

Bidder Name :

Name :

Position :

Signature :

Date :

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.


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5.5 VALID PROOF OF REGISTRATION OF ENTITY

[Certified CIPC Registration documents/Partnership Agreement/JV Agreement/ Registered Trust Document AND Identities documents of all shareholders, directors, members, trustees or partners to be inserted here]


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5.6 SBD4 DECLARATION OF INTEREST

1. Any legal personº (see note at bottom of the page) , 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 a price quotation, advertised competitive bid, limited bid or proposal). 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:

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

1.2 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, Shareholder)

:

2.4 Company Registration Number :

2.5 Tax Reference Number :

2.6 VAT Registration Number :

ºLegal Person: an individual, company, or other entity which has legal rights and is subject to obligations.


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3. The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / personnel numbers must be indicated in Paragraph 4 below.

3.1 Are you or any person connected with the bidder presently employed by the state? Yes No

3.1.1 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

3.2 If you are presently employed by the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector?

Yes No

3.2.1 If yes, did you attach proof of such authority to the bid document? Yes No

3.2.2 If no, furnish reasons for non-submission of such proof. Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid

3.3 Did you or your spouse, or any of the company’s directors /trustees /shareholders /members or their spouses conduct business with the state in the previous twelve months?

Yes No

3.3.1 If so, furnish particulars

3.4 Do you, or any person connected with the bidder, have 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?

Yes No


3.5 Are you, or any person connected with the bidder, 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?

Yes No


3.6 Do you or any of the directors / trustees / shareholders / members of the company have any interest in any other related companies whether or not they are bidding for this contract?

Yes No



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4. Full details of Directors / Trustees / Members / Shareholders

Full Name Identity Number Personal Tax Reference

Number Employee / Personnel

Number

5. Declaration

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 in terms of Paragraph 23 of the General Conditions of Contract should this declaration prove to be false.

Bidder Name :

Name :

Position :

Signature :

Date :

Definition: 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


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5.7 SBD 6.1 PPPFA CLAIM FORM

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 R50,000,000 (all applicable taxes

included); and - the 90/10 system for requirements with a Rand value above R50,000,000 (all applicable taxes

included).

1.2 The value of this bid is estimated to not exceed R50,000,000 (all applicable taxes included) and therefore the 80/20 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:

1.3.1.1

Points Price 80

1.3.1.2 B-BBEE Status Level Of Contribution 20 Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a bidder to 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 a sworn affidavit confirming annual turnover and level of black ownership in case of an EME and QSE 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


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SBD6.1

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;

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.


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SBD6.1

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

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

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)

Bidder’s Score (Mark with an X)

1 10 20

2 9 18

3 6 14

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor

0 0


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PPPFA CLAIM FORM SBD6.1

5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a sworn affidavit confirming annual Total Revenue and Level of Black Ownership.

5.3 Bidders other than EME or QSE 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

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

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

6.1 B-BBEE status level of contribution claimed in terms of Paragraphs 1.3.1.2 and 5.1

6.1.1 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).

6.2 Sub-Contracting

6.2.1 Will any portion of the contract be sub-contracted? (tick applicable) Yes No

6.2.2 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? Attach sworn affidavit

:


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SBD6.1

7 DECLARATION WITH REGARD TO COMPANY / FIRM

7.1 Name of Company / Firm :

7.2 VAT Registration Number :

7.3 Company Registration Number :

7.4 Type Of Company / Firm (Tick Applicable Box)

Partnership / Joint Venture / Consortium One person business/sole propriety

Close corporation Company

(Pty) Limited

7.5 Describe Principal Business Activities :

7.6 Company Classification (Tick Applicable Box)

Manufacturer Supplier

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

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

7.8 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 forward the matter for criminal prosecution.

v. (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 forward the matter for criminal prosecution.

7.9 Witnesses:


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1.

Signature / s of Bidder / s

2.

Date :

Address :


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5.7.1 B-BBEE INFORMATION

Insert sworn affidavit (s) and / or B-BBEE certificates as prescribed by the B-BBEE act here.


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5.8 SBD10 NON-DISCLOSURE AGREEMENT

This Non-Disclosure Agreement is entered into between:

1. Bidder Name :

Herein represented by :

Identity Number / Registration Number

:

and

2. Bid Requestor : Airports Company South Africa

Herein represented by :

Identity Number / Registration Number

: 1993/004149/30

11. THE PARTIES

1.1 The parties to this agreement are:

1.1.1

1.1.2 Airports Company South Africa

2. INTERPRETATION

2.1 In this agreement, unless inconsistent with or otherwise indicated by the context

2.1.1 Words importing:

2.1.1.1 Any one gender include the other two genders

2.1.1.2 The singular include the plural and vice versa

2.1.1.3 Natural persons include created entities (corporate or unincorporated) and vice versa

2.2 The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:

2.2.1 Confidential Information:

2.2.1.1 Any information or other data of whatsoever nature relating to Airports Company South Africa and the affiliated airports may disclose or provide to …………………………………………………………………………………………………………………………………... pursuant to this agreement, whether written, graphical or oral, including but not limited to

2.2.1.1.1 Technical information, techniques, know-how, operating methods and procedures

2.2.1.1.2 Cost and source of inputs, pricing and purchasing policies

2.2.1.1.3 Computer data, programmes and information, price lists, customer lists (whether actual or potential

2.2.1.1.4 Products, drawings and plans

2.2.1.1.5 Marketing information of whatsoever nature or kind;

2.2.1.1.6 Financial information or whatsoever nature or kind


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2.2.2 Parties:

2.2.2.1 and the Airports Company South Africa

2.3 A reference to a third party includes that party’s successors and permitted assigns

2.4 Any reference to an enactment is to that enactment, as amended, as at the date of signature hereof, and as amended or re-enacted from time to time

2.5 If any provision in a definition in this agreement is a substantive provision conferring rights or imposing duties on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the operative part of this agreement

2.6 When any period is prescribed in this agreement, that period shall be exclusively of the first day and inclusively of the last day unless the last day is not a business day, in which case the last day shall be the next succeeding business day

3 RECITALS

3.1 The Airports Company South Africa will disclose certain confidential and proprietary information and data to ……………………………………………………………………………………………………….., for the purposes of devising a proposal on the independent environmental compliance auditing and reporting for the Airports Company South Africa.

4 BASIS OF DISCLOSURE OF INFORMATION

4.1 acknowledges that

4.1.1 The undertakings given by it are absolutely essential to protect the interests of the Airports Company South Africa

4.1.2 The unauthorized use or disclosure of the confidential information disclosed to it may lead to the Airports Company South Africa suffering very substantial and irreversible damages

5 UNDERTAKINGS

5.1 undertakes

5.1.1 To use the confidential information disclosed to it solely for the purposes of assessing the data for devising a proposal on conducting an independent environmental compliance auditing; and no other purpose whatsoever

5.1.2 To treat as confidential and not to disclose any confidential information to any person whatsoever

5.1.3 To take all reasonable steps to prevent the copying of the said confidential information by any means without the prior written approval of the Airports Company South Africa

5.1.4 To conduct research in the utmost good faith

5.2 The undertakings contained in 5.1 will apply during the operative period and indefinitely thereafter

5.3 The above undertakings will not apply to any confidential information

5.3.1 Which is already known or in the possession of …………………………………………………………………………………………. at the time of the discussion relating to the proposed research, provided such possession is evidenced by the written records of ……………...………………………………………………………………………..…….. existing at the date hereof.


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5.3.2 Which has become part of the public domain by publication or otherwise, other than by negligence or default of

…………………………………………………………………………………………………………………………………………or by the breach of

this agreement by ………………………………………………………………………………………………………………………...……………….

5.3.3 Which has lawfully become known by …………………….…………………………….. of …………………………………………… on a non-confidential basis from a source (other than the other party) having the legal right to disclose the confidential information

6. ARBITRATION

6.1 Any dispute arising from or in connection with this agreement shall be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA, which arbitration shall be held in Durban

6.2 This clause 6 shall be severable from the remaining provisions of this agreement and shall continue to be of application, notwithstanding the cancellation or purported cancellation or termination of this agreement.

7 NOTICE

7.1 Any written notice in connection with this agreement may be addressed

7.1.1 In the case of: Airports Company South Africa P.O. Box 57701 King Shaka International Airport 4407 South Africa

7.1.2 In the case of

7.2 The notice shall be deemed to have been duly given: 14 days after posting, if posted by registered post to the party’s address in terms of this sub-clause

7.3 On delivery, if delivered to the party’s physical address in terms of this sub-clause or the next sub-clause dealing with the service of legal documents

7.4 On despatch, if sent to the party’s then Telefax number and confirmed by registered letter posted no later than the next business day

7.5 A party may change that party’s address and Telefax number for this purpose, by notice in writing to the other party

7.6 The parties choose the following addresses at which documents in legal proceedings in connection with this agreement may be served (i.e. their domicilium citandi et executandi)

7.6.1 In the case of: Airports Company South Africa South Africa

7.6.2 In the case of


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Signed at :

On date :

Service Provider :

Witnesses 1 :

Witnesses 2 :

Signed at :

On date :

ACSA : Airports Company South Africa

Witnesses 1 :

Witnesses 2 :

8. GENERAL

8.1 This agreement contains all the express provisions agreed on by the parties with regard to the subject matter of this agreement and the parties waive the right to rely on any alleged express provision not contained in this agreement

8.2 Neither party may rely on any representation that allegedly induced that party to enter into this agreement, unless the representation is recorded in this agreement

8.3 No contract varying, adding to, deleting from, notating or cancelling this agreement, and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of the parties

8.4 No indulgence granted by a party shall constitute a waiver or abandonment of any of the party’s rights under this agreement; accordingly, that party shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against the other party which may have arisen in the past or which may arise in the future

8.5 Save as set out in this agreement, neither party may cede rights nor delegate any obligations in terms of this agreement without the written consent of the other party

9. ACCEPTANCE

In Witness Whereof, this Agreement has been executed by each of the parties as of the date first set forth above


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5.9 VALID LETTER OF GOOD STANDING IN TERMS OF COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES (COID) ACT

Letters of good standing to be inserted here


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5.10 RECORD OF ADDEDA TO THE BID DOCUMENTS

Bidder must complete the table below in the event that clarification, additional information or revised bid document of part thereof was issued to bidders after the tender issue/ briefing meeting date.

We confirm that the following communications received from the Airports Company South Africa – Procurement Representative before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

# Date Title or Details

Bidder Name :

Name

(of person authorised to

sign on behalf of the

Bidder)

:

Position :

Signature :

Date :


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5.11 AUTHORITY FOR SIGNATURE

Fill in the relevant portion applicable to the type of organization

A. COMPANIES

If a Tenderer is a company, a certified copy of the resolution by the board of directors, personally signed by the chairperson of the board, authorizing the person who signs this Tender to do so, as well as to sign any contract resulting from this Tender and any other documents and correspondence in connection with this Tender and/or contract on behalf of the company must be submitted with this Tender, that is before the closing time and date of the Tender

AUTHORITY BY BOARD OF DIRECTORS

By resolution passed by the board of Directors on :

Mr / Mrs / Ms :

whose signature appears below) has been duly authorised to sign all documents in connection with this Tender on behalf of

Name of Company :

In his / her capacity as :

Signed on behalf of the Company :

Signature :

Witness :

Date :

B. SOLE PROPRIETOR (ONE - PERSON BUSINESS)

I, the undersigned :

hereby confirm that I am the sole owner of the business trading as:

Name of Company :

Signature :

Witness :

Date :


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C. PARTNERSHIP

The following particulars in respect of every partner must be furnished and signed by every partner:

FULL NAME OF PARTNER RESIDENTIAL ADDRESS SIGNATURE

We, the partners in the business trading as :

hereby authorise :

to sign this Tender as well as any contract resulting from the Tender and any other documents and correspondence in connection with this Tender and / or contract on behalf of

Signature :

Date :

Signature :

Date :

Signature :

Date :


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D. CLOSE CORPORATION

In the case of a close corporation submitting a Tender, a certified copy of the Founding Statement of such corporation shall be included with the Tender, together with the resolution by its members authorizing a member or other official of the corporation to sign the documents on their behalf.

By resolution of members at a meeting held on :

Mr / Mrs / Ms :

whose signature appears below, has been authorised to sign all documents in connection with this Tender on behalf of this Close Corporation.

Name of Close Corporation :


Signed on behalf of Company :

Signature :

Witness :

Date :


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E. CO-OPERATIVE

A certified copy of the Constitution of the co-operative must be included with the Tender, together with the resolution by its members authoring a member or other official of the co-operative to sign the Tender documents on their behalf.

By resolution of members at a meeting held on :

Mr / Mrs / Ms :

whose signature appears below, has been authorised to sign all documents in connection with this Tender on behalf of this Co-Operative.

Name of Co-Operative :


Signed on behalf of the Co-Operative :

Signature :

Witness :

Date :


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F. JOINT VENTURES

If a Tenderer is a joint venture, a certified copy of the resolution/agreement passed/reached signed by the duly authorised representatives of the enterprises, authorising the representatives who sign this tender to do so, as well as to sign any contract resulting from this tender and any other documents and correspondence in connection with the tender and/or contract on behalf of the joint venture must be submitted with this tender, before the closing time and date of the tender.

Authority to sign on behalf of the Joint Venture:

By resolution/agreement passed / reached by the joint venture partners on :

Mr / Mrs / Ms :

Mr / Mrs / Ms :

whose signatures appear below, has been authorised to sign all documents in connection with this bid on behalf of this Joint Venture.

Name of Joint Venture :

Name :



Signature :

Date :

Name :



Signature :

Date :


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G. CONSORTIUM

If a Tenderer is a consortium, a certified copy of the resolution/agreement passed/reached signed by the duly authorised representatives of the enterprises, authorising the representatives who sign this tender to do so, as well as to sign any contract resulting from this tender and any other documents and correspondence in connection with the tender and/or contract on behalf of the consortium must be submitted with this tender, before the closing time and date of the tender.

Authority to sign on behalf of the Consortium:

By resolution of Consortium partners at a meeting held on :

Mr / Mrs / Ms :

Mr / Mrs / Ms :

whose signature appears below, has been authorised to sign all documents in connection with this Tender on behalf of this Consortium

Name of Consortium :


Signed on behalf of the Co-Operative :

Signature :

Witness :

Date :


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5.12 DECLARATION OF CORRECTNESS OF BID AND ACCEPTANCE OF ACSA TERMS AND CONDITIONS

Bidder Name :

Authorised Signatory Name :

Position :

Signature :

Date :

Hereby declare that the information furnished in the bid is entirely true and correct; and the bid is submitted on condition that the Bidder; its facilities, etc., shall at any stage be subject to inspection.


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5.13 SHAREHOLDER / MEMBER / PARTNER INFORMATION

Provide Share Certificate/s or Share breakdown including the latest share register


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5.14 A PARTNERSHIP LETTER/ PARTNERSHIP AGREEMENT (IN CASE OF A PARTNERSHIP)

Insert proof here


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5.15 KEY STAFF:

5.15.1 ELECTICAL ENGINEERING PROJECT MANAGER

Bidder must include CV and proof of registration with ECSA for the Electrical Engineering Project Manager

as supporting document

Years’ experience in road’s design and construction

Experience with similar type of projects – list a maximum of two most recent projects.

Name of project Description of project Period (dd/mm/yy –

dd/mm/yy)

Client name and

contact details


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5.15.2 Senior Electrical Design Engineer

Bidder must include CV and Proof of Registration with ECSA for the Senior Electrical Design Engineer as

supporting document.

Years’ experience in road’s design and construction

Experience with similar type of projects – list a maximum of two most recent projects.

Name of project Description of project Period (dd/mm/yy –

dd/mm/yy)

Client name and

contact details


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5.16 TENDERER’S PREVIOUS EXPERIENCE:

Description of work

Project Duration Client Name and Contact

Details Start Date End Date

1

2

3

4

5

Bidder must include company profile to support the information in the table above.


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5.17 SCHEDULE OF PROPOSED SUB-CONTRACTORS

Bidders are requested to provide a schedule of proposed key sub-consultants intended to be used on the

project. The schedule should be structured under the following headings.

# Sub-

Consultant

Works to be Sub-

Consulted

% of Works / Services to be Sub-Consulted

Rand Value of Works /

Services to be Sub-Consulted

B-BBEE Level

% Black Woman and

Youth Ownership

Contact Persons Details


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5.18 PROOF OF COMPANY REGISTRATION WITH RECOGNISED BODY/ASSOCIATION.


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5.19 CERTIFIED COPIES OF SOUTH AFRICAN IDENTITY DOCUMENTS OR VALID

PASSPORTS OF MEMBERS / DIRECTORS / OWNER / S (IN A CASE OF A SOLE

PROPRIETOR OR PARTNERSHIP)

5.20 TRANSFORMATION FRAMEWORK & SPECIFICATION FORM


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Airports Company South Africa aims to contract predominantly with Empowering Suppliers per the definition

in P010 004P (ACSA internal transformation policy) were this relates to:

an increase in local production,

raw material beneficiation

retention and employment of black people

the transfer of skills to black owned EME’s and QSE’s.

1. Contract Participation Goals (CPG)

CPG refers to the extent to which the contracted resources achieve predetermined transformation

objectives, expressed as a percentage (%) of the contract value. Bidders are expected to achieve this

targets by the end of the project.

2. Bidders are to submit to submit a transformation proposal meeting the CPG target for all contracts over R1m including VAT.

3. CPG for this contract are:

3.1. Subcontract or Joint venture a minimum of 25% to local Black Owned (BO), local Black Woman Owned (BWO), local Youth Owned (YO) and local People with Disabilities (PWPD) entities.

3.2. CPG Targets of between 50% and 80% for the following:

3.2.1. Management Control and Employment Equity 3.2.2. Skills Development 3.2.3. Enterprise and supplier development 3.2.4. Socio Economic Development

4. Acceptance:

I/We ________________________________________________________ acknowledge that I/we

have read and understood the contents of this section and we will further achieve the Contract

Participation Targets stated above per clause three 3 of this section by the end of this project.

Name:

Designation:

Signature:


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5.21 APPROACH PAPER DEALING WITH THE FOLLOWING SUBTOPICS:

1. Potential risks to Project Objectives and how to mitigate the risks included.

2. Cost control

3. Health and safety/environmental

4. Technical approach included

5. Quality plan


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5.22 PROOF OF ECSA REGISTRATION FOR LEAD CONSULTANT


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SECTION 6

APPENDICES

The following appendices are attached separately:

Appendices (Attached Separately)

Appendix 1 : Bid Advert

NB: Following Appendices to be completed by the successful bidder except for the visitors permit. (included for information purposes)

Appendix 2 : Safety File Requirements

Appendix 3 Permit to work

Appendix 4 Different Category of Permit

Appendix 5 EMS048 ACSA Service Maintenance Contractors Environmental Terms

Appendix 6 Environmental Impact of Service and Maintenance Contractors

Appendix 7 Environmental Management System Policy Statement

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