TENDER NUMBER: DRT 104E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS: VEREENIGING REGION GAUTENG PROVINCE PROCUREMENT DOCUMENT DECEMBER 2016 ISSUED BY: HEAD OF DEPARTMENT DEPARTMENT OF ROADS AND TRANSPORT PRIVATE BAG X83 MARSHALLTOWN 2107 NAME OF TENDERING ENTITY:.…..………….............…………………….................. ADDRESS: ............…………….…..………….............…………….............……………….. TEL NO. .…...........…...........……………… FAXNO. ….......….........…………………. TOTAL OF PRICES INCLUSIVE OF VALUE ADDED TAX: R………………………
Transcript
TENDER NUMBER: DRT 104E/10/2016 CONSULTING
ENGINEERING, CONSTRUCTION MENTOR & SAFETY
AGENT SERVICES FOR THE MANAGEMENT AND
SUPERVISION OF THE ROUTINE ROAD MAINTENANCE
OF RISFSA CLASS 5&6 ROADS: VEREENIGING REGION
GAUTENG PROVINCE
PROCUREMENT DOCUMENT
DECEMBER 2016
ISSUED BY:
HEAD OF DEPARTMENT
DEPARTMENT OF ROADS AND TRANSPORT
PRIVATE BAG X83
MARSHALLTOWN
2107
NAME OF TENDERING ENTITY:.…..………….............……………………..................
F.3.16 NOTICE TO UNSUCCESSFUL TENDERERS ................................................................ T1-18
F.3.17 PROVIDE COPIES OF THE CONTRACTS ..................................................................... T1-18
F.3.18 PROVIDE WRITTEN REASONS FOR ACTIONS TAKEN ................................................. T1-18
F.3.19 DELEGATION OF AUTHORITY ....................................................................................... T1-19
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T1.2 CONDITIONS OF TENDER
F.1 General
F.1.1 Actions
F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions
of tender. In their dealings with each other, they shall discharge their duties and obligations as set out
in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply
with all legal obligations and not engage in anticompetitive practices.
F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender
process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare
any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any
potential conflict of interest in their tender submissions. Employees, agents and advisors of the
employer shall declare any conflict of interest to whoever is responsible for overseeing the
procurement process at the start of any deliberations relating to the procurement process or as soon
as they become aware of such conflict, and abstain from any decisions where such conflict exists or
recuse themselves from the procurement process, as appropriate.
Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an
incentive for improper acts in some circumstances. A conflict of interest can create an
appearance of impropriety that can undermine confidence in the ability of that person
to act properly in his or her position even if no improper acts result.
2) Conflicts of interest in respect of those engaged in the procurement process include
direct, indirect or family interests in the tender or outcome of the procurement process
and any personal bias, inclination, obligation, allegiance or loyalty which would in any
way affect any decisions taken.
F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm
intention and the capacity to proceed with the contract.
F.1.2 Tender Documents
The documents issued by the employer for the purpose of a tender offer are listed in the tender data.
F.1.3 Interpretation
F.1.3.1 The tender data and additional requirements contained in the tender schedules that are
included in the returnable documents are deemed to be part of these conditions of tender.
F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for
tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.
F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:
a) conflict of interest means any situation in which:
i) someone in a position of trust has competing professional or personal interests which
make it difficult to fulfill his or her duties impartially;
ii) an individual or organisation is in a position to exploit a professional or official
capacity in some way for their personal or corporate benefit; or
iii) incompatibility or contradictory interests exist between an employee and the
organisation which employs that employee.
b) comparative offer means the tenderer’s financial offer after all tendered parameters that will
affect the value of the financial offer have been taken into consideration in order to enable
comparisons to be made between offers on a comparative basis
c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to
influence the action of the employer or his staff or agents, or any official in the public service
or in the employ of an Organ of State, in the tender process; and
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d) fraudulent practice means the misrepresentation of the facts in order to influence the tender
process or the award of a contract arising from a tender offer to the detriment of the employer,
including collusive practices intended to establish prices at artificial levels
e) organization means a company, firm, enterprise, association or other legal entity, whether
incorporated or not, or a public body
f) quality (functionality) means the totality of features and characteristics of a product or
service that bear on its ability to satisfy stated or implied needs
g) tenderer means any organisation who is represented by a duly authorised employee, partner,
shareholder or director that responds to the Tender Notice by drawing tender documents
h) these conditions of tender mean the Standard Conditions of Tender (as published and
amended from time to time by the Construction Industry Development Board) and the
employer’s Special Conditions of Tender, the latter are demonstrated by appearing in italics.
F.1.4 Communication and employer’s agent
Each communication between the employer and a tenderer shall be to or from the employer's agent
only, and in a form that can be readily read, copied and recorded. Communications shall be in the
English language. The employer shall not take any responsibility for non-receipt of communications
from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender
data.
F.1.5 The employer’s right to accept or reject any tender offer
F.1.5.1 The employer does not bind itself to accept the lowest or any other tender, and may, in
addition, accept or reject any variation, deviation, tender offer, or alternative tender offer, and may
cancel the tender process and reject all tender offers at any time before the formation of a contract.
The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection,
but will give written reasons for such action upon written request to do so.
F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or
the rejection of all responsive tender offers re-issue a tender covering substantially the same scope of
work within a period of six months (measured between the relevant closing dates of the abandoned
tender and the re-issued tender) unless only one tender was received and such tender was returned
unopened to the tenderer, or if there is agreement by the participating tenderers.
F.1.6 Procurement procedures
F.1.6.1 General
Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the
tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of
tender evaluation points, as relevant, based on the tender submissions that are received at the closing
time for tenders.
F.1.6.2 Competitive negotiation procedure
F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed,
tenderers shall submit tender offers in response to the proposed contract in the first round of
submissions. Notwithstanding the requirements of F.3.4, the employer shall announce only the names
of the tenderers who make a submission. The requirements of F.3.8 relating to the material deviations
or qualifications which affect the competitive position of tenderers shall not apply.
F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked
in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in
each round to enter into competitive negotiations, based on the principle of equal treatment and
keeping confidential the proposed solutions and associated information. Notwithstanding the
provisions of F.2.17, the employer may request that tenders be clarified, specified and fine-tuned in
order to improve a tenderer’s competitive position provided that such clarification, specification,
finetuning or additional information does not alter any fundamental aspects of the offers or impose
substantial new requirements which restrict or distort competition or have a discriminatory effect.
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F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to
make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings.
Tenderers shall be advised when they are to submit their best and final offer.
F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after
tenderers have been requested to submit their best and final offer.
F.1.6.3 Proposal procedure using the two stage-system
F.1.6.3.1 Option 1
Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around
which a contract may be negotiated. The employer shall evaluate each responsive submission in
terms of the method of evaluation stated in the tender data, and in the second stage negotiate a
contract with the tenderer scoring the highest number of evaluation points and award the contract in
terms of these conditions of tender.
F.1.6.3.2 Option 2
F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite
all responsive tenderers to submit tender offers in the second stage, following the issuing of
procurement documents.
F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the
method of evaluation stated in the tender data, and award the contract in terms of these conditions of
tender.
F.1.7 Jurisdiction
Unless stated otherwise in the tender data, each tenderer and the employer undertake to accept the
jurisdiction of the law courts of the Republic of South Africa.
F.2 Tenderer’s obligations
F.2.1 Eligibility
F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the
tenderer, or any of his principals, is not under any restriction to do business with the employer.
F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the
tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by
the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain
the employer’s written approval to do so prior to the closing time for tenders.
F.2.2 Cost of tendering
Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer
for any costs incurred in the preparation and submission of a tender offer, including the costs of
attending any clarification meeting) and any testing necessary to demonstrate that aspects of the offer
complies with the requirements.
F.2.3 Check documents
Check the tender documents on receipt for completeness and notify the employer of any discrepancy
or omission.
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F.2.4 Confidentiality and copyright of documents
Treat as confidential, regardless whether or not a tender offer is submitted, all matters arising in
connection with the tender. Use and copy the documents issued by the employer only for the purpose
of preparing and submitting a tender offer in response to the invitation.
F.2.5 Reference documents
Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards,
specifications, conditions of contract and other publications, which are not attached but which are
incorporated into the tender documents by reference.
F.2.6 Acknowledge addenda
Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if
necessary apply for an extension to the closing time stated in the tender data, in order to take the
addenda into account.
F.2.7 Clarification meeting
Attend, where required, in person or designate a suitably qualified person in the direct employ of the
tenderer, a clarification meeting at which tenderers may familiarize themselves with aspects of the
proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the
tender data.
F.2.8 Seek clarification
Request clarification of the tender documents, if necessary, by notifying the employer at least five
working days before the closing time stated in the tender data. Any variation or deviation based on a
point for which clarity should have been requested may render a tenderer’s offer non-responsive in
terms of F.3.8.
F.2.9 Insurance
Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full
cover required in terms of the conditions of contract identified in the contract data. The tenderer is
advised to seek qualified advice regarding insurance.
F.2.10 Pricing the tender offer
F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all costs prescribed as
being applicable to the specified pay items as well as all duties, taxes except Value Added Tax (VAT),
and other levies payable by the successful tenderer, such duties, taxes and levies being those
applicable 14 days before the closing time stated in the tender data.
F.2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the
prices.
F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to
adjustment except as provided for in the conditions of contract identified in the contract data.
F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The
conditions of contract identified in the contract data may provide for part payment in other currencies.
F.2.11 Alterations to documents
Not make any alterations or additions to the tender documents, except to comply with instructions
issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the
tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.
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F.2.12 Alternative tender offers
F.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main
tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted
as well as a schedule that compares the requirements of the tender documents with the alternative
requirements that are proposed. Alternative tender offers shall not alter any contingency pay items
provided in the tender documents, or offer fixed prices (except where such are provided in the
postulated pricing schedule) or a fixed price contract.
F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender
data or criteria otherwise acceptable to the employer.
F.2.12.3 Qualify a tender offer (except that no qualifications shall be in conflict with F.2.8) but
undertake to do so by submitting such qualification in terms of F.2.12.1 and F.2.12.2.
F.2.13 Submitting a tender offer
F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint
venture to provide the whole of the works, services or supply identified in the contract data and
described in the scope of works, unless stated otherwise in the tender data.
F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either
electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.
F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of
copies stated in the tender data, with an English translation of any documentation in a language other
than English, and the parts communicated electronically in the same format as they were issued by
the employer.
F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data.
The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for
tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner
whom the employer shall hold liable for the purpose of the tender offer.
F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the
packages as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's
address and identification details stated in the tender data, as well as the tenderer's name and contact
address.
F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the
returnable documents listed in the tender data in an envelope marked “financial proposal” and place
the remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall
state on the outside the employer’s address and identification details stated in the tender data, as well
as the tenderer's name and contact address.
F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on
the outside only the employer's address and identification details as stated in the tender data.
F.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or
premature opening of the tender offer if the outer package is not sealed and marked as stated.
F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer,
unless stated otherwise in the tender data.
F.2.14 Information and data to be completed in all respects
Accept that tender offers, which do not provide all the data or information requested completely and in
the form required, may be regarded by the employer as non-responsive.
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F.2.15 Closing time
F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data
not later than the closing time stated in the tender data. Accept that proof of posting shall not be
accepted as proof of delivery.
F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason,
the requirements of these conditions of tender apply equally to the extended deadline.
F.2.16 Tender offer validity
F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity
period stated in the tender data after the closing time stated in the tender data.
F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data
for an agreed additional period with or without any conditions attached to such extension.
F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be
modified, corrected, withdrawn or substituted by giving the employer written notice before the closing
time for tenders that a tender is to be modified, corrected, withdrawn or substituted.
F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with
the requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”.
F.2.17 Clarification or withdrawal of tender offer after submission
F.2.17.1 Provide clarification of a tender offer in response to a request to do so from the employer
during the evaluation of tender offers. This may include providing a breakdown of rates or prices and
correction of arithmetical errors or adjusting of imbalanced rates, by the adjustment of certain rates or
item prices (or both). No change in the competitive position of tenderers or substance of the tender
offer is sought, offered, or permitted.
F.2.17.2 Accept that the employer may, at its sole discretion, accept a less favourable tender from
those already received or invite fresh tenders if a tenderer, at any time after the opening of his tender
offer but prior to the signing of a contract based on his tender offer:
a) withdraws his tender; or
b) gives notice of his inability to execute the contract in terms of his tender; or
c) fails to sign a contract or furnish the performance security within the period fixed in the
letter of award or any extended period fixed by the employer; or
d) fails to comply with a request made in terms of F.2.17.1 or F.2.18.1,
in which case such tenderer shall be automatically barred from tendering on any of the employer’s
future tenders for a period to be determined by the employer, but not less than twelve (12) months,
from the date of tender closure. The employer may fully or partly exempt a tenderer from the
provisions of this condition if he is of the opinion that the circumstances justify the exemption.
Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a
preferred tenderer following a competitive selection process, should the Employer elect to do so.
F.2.18 Provide other material
F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender
offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing
arrangements, or samples of materials, considered necessary by the employer for the purpose of a full
and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to
why it cannot be provided, by the time for submission stated in the employer’s request, the employer
may regard the tender offer as non-responsive and may invoke the same remedy as provided for
under F.2.17.2.
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F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.
F.2.18.3 Accept the employer’s right, at its sole discretion, to appoint suitably qualified persons to
report on the financial resources, standing with the South African Revenue Service regarding all taxes,
management structure and ownership details of any tenderer and/or to verify the correctness of any
information furnished to the employer in terms of F.2.17.1. Comply with the employer’s request within
the time stated in the request. Failure on the part of the tenderer to cooperate with such an inquiry
shall entitle the employer to declare such tender offer as non-responsive and may invoke the same
remedy as provided for under F.2.17.2.
F.2.19 Inspections, tests and analysis
Provide access during working hours to premises for inspections, tests and analysis as provided for in
the tender data.
F.2.20 Submit securities, bonds, policies, etc.
If requested, submit for the employer’s acceptance before formation of the contract, all securities,
bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract
identified in the contract data.
F.2.21 Check final draft
Check the final draft of the contract provided by the employer within the time available for the
employer to issue the contract.
F.2.22 Return of other tender documents
If so instructed by the employer, return all retained tender documents within 28 days after the expiry of
the validity period stated in the tender data.
F.2.23 Certificates
Include in the tender submission or provide the employer with any certificates as stated in the tender
data.
F.3 The employer’s undertakings
F.3.1 Respond to requests from the tenderer
F.3.1.1 Unless otherwise stated in the tender data, respond to a request for clarification received up to
five working days before the tender closing time stated in the tender data and notify all tenderers who
drew tender documents.
F.3.1.2 Consider any request to make a material change in the capabilities or formation of the
tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to
prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny
any such request if as a consequence:
a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture
fails to meet any of the collective or individual qualifying requirements;
b) the new partners to a joint venture were not prequalified in the first instance, either as
individual firms or as another joint venture; or
c) in the opinion of the Employer, acceptance of the material change would compromise the
outcome of the prequalification process.
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F.3.2 Issue Addenda
If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during
the period from the date that tender documents are available until three working days before the
tender closing time stated in the tender data. If, as a result a tenderer applies for an extension to the
closing time stated in the tender data, the Employer may grant such extension and, shall then notify all
tenderers who drew tender documents.
F.3.3 Return late tender offers
Return tender offers withdrawn in terms of F.2.16.3 or received after the closing time stated in the
tender data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding
address), to the tenderer concerned.
F.3.4 Opening of tender submissions
F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the
presence of tenderers’ agents who choose to attend at the time and place stated in the tender data.
Tender submissions for which acceptable reasons for withdrawal have been submitted will not be
opened.
F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a
venue indicated in the tender data, the name of each tenderer whose tender offer is opened and,
where applicable, the total of his prices, preferences claimed and time for completion for the main
tender offer only.
F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.
F.3.5 Two-envelope system
F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the
technical proposal of valid tenders in the presence of tenderers’ agents who choose to attend at the
time and place stated in the tender data and announce the name of each tenderer whose technical
proposal is opened.
F.3.5.2 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers
who remain in contention for the award of the contract of the time and place when the financial
proposals will be opened. Open only the financial proposals of tenderers, who score in the quality
evaluation equal to or more than the minimum number of points for quality stated in the tender data,
and announce the total price. Return unopened financial proposals to tenderers whose technical
proposals failed to achieve the minimum number of points for quality.
F.3.6 Non-disclosure
Not disclose to tenderers, or to any other person not officially concerned with such processes,
information relating to the evaluation and comparison of tender offers, the final evaluation price and
recommendations for the award of a contract, until after the award of the contract to the successful
tenderer.
F.3.7 Grounds for rejection and disqualification
F.3.7.1 Determine whether there has been any effort by a tenderer to influence the processing of
tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he
engaged in corrupt or fraudulent practices. In addition, any such disqualification shall entitle the
employer, at its sole discretion, to impose a specified period during which tender offers will not be
accepted from the offending tenderer.
F.3.7.2 Communicate to other state tender boards, provincial tender boards or parastatal tender
boards any tenderer disqualified in terms of special condition F.3.7.1.
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F.3.7.3 Consider rejecting any tender offers received from tenderers who are involved in any form of
litigation or legal proceedings by or against the Employer.
F.3.7.4 Reject any offer from a tenderer who has not purchased the tender documents in his own
name or in the name of a fellow member of a joint venture.
F.3.7.5 Reject any offer from a tenderer that contains information or data that is not in compliance with
the minimum key staff qualification requirements.
F.3.8 Test for responsiveness
F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly
received:
a) complies with the requirements of these Conditions of Tender,
b) has been properly and fully completed and signed, and
c) is responsive to the other requirements of the tender documents.
F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the
tender documents without material deviation or qualification. A material deviation or qualification is one
which, in the Employer's opinion, would:
a) detrimentally affect the scope, quality, or performance of the works, services or supply
identified in the Scope of Work,
b) significantly change the Employer's or the tenderer's risks and responsibilities under the
contract, or
c) affect the competitive position of other tenderers presenting responsive tenders, if it were to
be rectified.
Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by
correction or withdrawal of the non-conforming deviation or reservation unless it can be subsequently
rendered responsive by correction of non-material deviations.
F.3.9 Arithmetical errors, omissions, discrepancies and imbalanced unit rates
F.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in
figures. Where there is a discrepancy between the amounts in figures and the amount in words, the
amount in words shall govern.
F.3.9.2 Check responsive tender offers for:
a) the gross misplacement of the decimal point in any unit rate;
b) omissions made in completing the pricing schedule or bills of quantities; or
c) arithmetic errors in:
i) line item totals resulting from the product of a unit rate and a quantity in bills of
quantities or schedules of prices; or
ii) the summation of the prices.
d) imbalanced unit rates.
F.3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either
confirm the tender offer as tendered or accept the corrected total of prices.
F.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as
follows:
a) If bills of quantities or pricing schedules apply and there is an error in the line item total
resulting from the product of the unit rate and the quantity, the line total shall govern and the
rate shall be corrected. Where there is an obviously gross misplacement of the decimal point
in the unit rate, the unit rate shall be corrected.
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b) Where there is an error in the total of the prices either as a result of other corrections required
by this checking process or in the tenderer's addition of prices, the total of the prices shall be
corrected.
c) Where the unit rates are imbalanced request tenderers to amend and adjust any rates
declared imbalanced by the employer while retaining the total of the prices derived after any
adjustment made.
F.3.9.5 Consider the rejection of a tender offer if the tenderer does not correct or accept the correction
of his arithmetical errors or amend/adjust an imbalanced unit rate in the manner described above.
F.3.10 Clarification of a tender offer
Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising
from the tender offer.
F.3.11 Evaluation of tender offers
F.3.11.1 General
Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a
comparative offer and evaluate them using the tender evaluation methods and associated evaluation
criteria and weightings that are specified in the tender data.
F.3.11.2 Method 1: Financial offer
In the case of a financial offer:
a) Rank tender offers from the most favourable to the least favourable comparative offer.
b) Recommend the highest ranked tenderer for the award of the contract, unless there are
compelling and justifiable reasons not to do so.
c) Re-rank all tenderers should there be compelling and justifiable reasons not to recommend
the highest ranked tenderer and recommend the highest ranked tenderer, unless there are
compelling and justifiable reasons not to do so and the process set out in this subclause is
repeated.
F.3.11.3 Method 2: Financial offer and preference
In the case of a financial offer and preferences:
a) Score each tender in respect of the financial offer made and preferences claimed, if any, in
accordance with the provisions of F.3.11.7 and F.3.11.8.
b) Calculate the total number of tender evaluation points (TEV) in accordance with the following
formula:
TEV = NFO + NP
where: NFO is the number of tender evaluation points awarded for the financial offer made in
accordance with F.3.11.7;
NP is the number of tender evaluation points awarded for preferences claimed in
accordance with F.3.11.8.
c) Rank tender offers from the highest number of tender evaluation points to the lowest.
d) Recommend the tenderer with the highest number of tender evaluation points for the award of
the contract, unless there are compelling and justifiable reasons not to do so.
e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to
recommend the tenderer with the highest number of tender evaluation points, and recommend
the tenderer with the highest number of tender evaluation points, unless there are compelling
and justifiable reasons not to do so and the process set out in this subclause is repeated
Part T1: Tendering Procedures T1-17
Reference No. DRT 104 E/10/2016
F.3.11.4 Method 3: Financial offer and quality
In the case of a financial offer and quality:
a) Score each tender in respect of the financial offer made and the quality offered in accordance
with the provisions of F.3.11.7 and F.3.11.9, rejecting all tender offers that fail to score the
minimum number of points for quality stated in the tender data, if any.
b) Calculate the total number of tender evaluation points (TEV) in accordance with the following
formula:
TEV = NFO + NQ
where: NFO is the number of tender evaluation points awarded for the financial offer made in
accordance with F.3.11.7;
NQ is the number of tender evaluation points awarded for quality offered in
accordance with F.3.11.9.
c) Rank tender offers from the highest number of tender evaluation points to the lowest.
d) Recommend tenderer with the highest number of tender evaluation points for the award of the
contract, unless there are compelling and justifiable reasons not to do so.
e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to
recommend the tenderer with the highest number of tender evaluation points and recommend
the tenderer with the highest number of tender evaluation points, unless there are compelling
and justifiable reasons not to do so and the process set out in this subclause is repeated.
F.3.11.5 Method 4: Financial offer, quality and preferences
In the case of a financial offer, quality and preferences:
a) Score each tender in respect of the financial offer made, preference claimed, if any, and the
quality offered in accordance with the provisions of F.3.11.7 to F.3.11.9, rejecting all tender
offers that fail to score the minimum number of points for quality stated in the tender data, if
any.
b) Calculate the total number of tender evaluation points (TEV) in accordance with the following
formula, unless otherwise stated in the tender data:
TEV = NFO + NP + NQ
where: NFO is the number of tender evaluation points awarded for the financial offer made in
accordance with F.3.11.7;
NP is the number of tender evaluation points awarded for preferences claimed in
accordance with F.3.11.8;
NQ is the number of tender evaluation points awarded for quality offered in
accordance with F.3.11.9.
c) Rank tender offers from the highest number of tender evaluation points to the lowest.
d) Recommend the tenderer with the highest number of tender evaluation points for the award of
the contract, unless there are compelling and justifiable reasons not to do so.
e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to
recommend the tenderer with the highest number of tender evaluation points and recommend
the tenderer with the highest number of tender evaluation points, unless there are compelling
and justifiable reasons not to do so and the process set out in this subclause is repeated.
F.3.11.6 Decimal places
Score financial offers, preferences and quality, as relevant, to two decimal places.
Part T1: Tendering Procedures T1-18
Reference No. DRT 104 E/10/2016
F.3.11.7 Scoring Financial Offers
Score the financial offers of remaining responsive tender offers using the following formula:
NFO = W1 x A
where: NFO is the number of tender evaluation points awarded for the financial offer. W1 is the
maximum possible number of tender evaluation points awarded for the financial offer
as stated in the tender data.
A is a number calculated using the formula and option described in Table F.1 as
stated in the tender data.
Table F.1: Formulae for calculating the value of A
F.3.11.8 Scoring preferences
Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the
tender data and reject all claims for preferences where tenderers are not eligible for such preferences.
Calculate the total number of tender evaluation points for preferences claimed in accordance with the
provisions of the tender data.
F.3.11.9 Scoring quality
Score each of the criteria and sub-criteria for quality in accordance with the provisions of the tender
data.
Calculate the total number of tender evaluation points for quality using the following formula:
NQ = W2 x SO / MS
where: SO is the score for quality allocated to the submission under consideration;
MS is the maximum possible score for quality in respect of a submission; and
W2 is the maximum possible number of tender evaluation points awarded for the quality as
stated in the tender data.
F.3.12 Insurance provided by the employer
If requested by the proposed successful tenderer, submit for the tenderer's information the policies
and / or certificates of insurance which the conditions of contract identified in the contract data, require
the employer to provide.
F.3.13 Acceptance of tender offer
Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable
commercial risk and only if the tenderer:
a) is not under restrictions, or has principals who are under restrictions, preventing participating
in the employer’s procurement,
Formula Comparison aimed at achieving Option 1 Option 2
1 Highest price or discount A = (1 + ( P - Pm))
Pm
A = Pm / P
2 Lowest price or percentage
commission / fee
A = (1 - ( P - Pm))
Pm
A = Pm / P
Pm is the comparative offer of the most favourable comparative offer (excluding all Provisional and Prime Cost Sums and the associated VAT). P is the comparative offer of the tender offer under consideration (excluding all Provisional and
Prime Cost Sums and the associated VAT).
Part T1: Tendering Procedures T1-19
Reference No. DRT 104 E/10/2016
b) can, as necessary and in relation to the proposed contract, demonstrate that he or she
possesses the professional and technical qualifications, professional and technical
competence, financial resources, equipment and other physical facilities, managerial
capability, reliability, experience and reputation, expertise and the personnel, to perform the
contract,
c) has the legal capacity to enter into the contract,
d) is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a
court or a judicial officer, has suspended his business activities, or is subject to legal
proceedings in respect of any of the foregoing,
e) complies with the legal requirements, if any, stated in the tender data, and
f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.
F.3.14 Prepare contract documents
F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by
the employer as part of the tender documents to take account of:
a) addenda issued during the tender period,
b) inclusion of some of the returnable documents, and
c) other revisions agreed between the employer and the successful tenderer.
F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.
F.3.15 Complete adjudicator's contract
Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange
for both parties to complete formalities for appointing the selected adjudicator at the same time as the
main contract is signed.
F.3.16 Notice to unsuccessful tenderers
F.3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing
and returning one copy of the form of acceptance before the expiry of the validity period stated in the
tender data, or agreed additional period.
F.3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender,
notify other tenderers that their tender offers have not been accepted.
F.3.17 Provide copies of the contracts
Provide to the successful tenderer the number of copies stated in the tender data of the signed copy of
the contract as soon as possible after completion and signing of the form of offer and acceptance.
F.3.18 Provide written reasons for actions taken
Provide upon request written reasons to tenderers for any action that is taken in applying these
conditions of tender, but withhold information which is not in the public interest to be divulged, which is
considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair
competition between tenderers.
F.3.19 Delegation of authority
The Employer may delegate any power vested in him by virtue of these Conditions of Tender to an
officer or employee of the Employer.
Part T1: Tendering Procedures T1-20
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION
OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS:
VEREENIGING REGION GAUTENG PROVINCE
T.1.3 TENDER DATA
Part T1: Tendering Procedures T1-21
Reference No. DRT 104 E/10/2016
T1.3 TENDER DATA
The Standard Conditions and the Employer’s Special Conditions of Tender for Procurement make
several references to the Tender Data for details that apply specifically to this tender. The Tender
Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the
standard/special conditions of tender.
Each item of data given below is cross-referenced to the clause in the Standard and Special
Conditions of Tender to which it mainly applies.
Clause
Number
Tender Data
F.1.1 The employer is the Department of Roads and Transport, Chief Directorate Roads Maintenance
of the Gauteng Provincial Government, Private Bag X83, Marshall Town.
F.1.2 The tender documents issued by the Employer comprise the following:
Part T1: Tendering Procedures
• T1.1 Tender notice and invitation to tender (White)
• T1.2 Standard and Special Conditions of Tender (Pink)
• T1.3 Tender data (Pink)
Part T2: Returnable Schedules
• T2.1 List of returnable documents (Yellow)
• T2.2 Tender schedules (Yellow)
Part C1: Agreements and contract data
• C1.1 Form of offer and acceptance (Yellow)
• C1.2 Contract data (Yellow)
• C1.3 Other contract forms (Yellow)
Part C2: Pricing data
• C2.1 Pricing instructions (Yellow)
• C2.2 Pricing Schedules / Bills of Quantities (Yellow)
Part C3: Scope of work
• C3 Scope of work (Blue)
Part C4: Site Information
• C4 Site Information (Green)
Part C5: Appendices (Blue)
Part T1: Tendering Procedures T1-22
Reference No. DRT 104 E/10/2016
F.2.1 Only tenderers who are registered as a Consulting Engineering Firm are eligible to submit tenders.
The Engineer shall be a registered professional engineer with the Engineering Council of
South Africa (ECSA), with at least 10 years relevant experience or a registered professional
technologist with at least 10 years relevant experience. Proof of registration must be
provided. In addition, the Engineer responsible for the design and documentation of labour
intensive works must have completed a skill programme for NQF level 7 unit standard
“Develop and Promote Labour Intensive Construction Strategies”. Tenderers who fail to
meet the ECSA & NQF level 7 requirements stated above will be disqualified
F.2.7 The arrangements for a compulsory clarification meeting are:
Venue: 1215 Nico Smith Street (Previously Michael Brink Street), Koedoespoort ,
Pretoria.
Date: 20 January 2017 starting at 10:00
Tenderers should note that only competent persons are to attend the clarification
meeting
F.2.13.4 Submit the signed original tender offer.
F.2.13.5 The employer’s details and address for delivery of tender offers and identification details
that are to be shown on each tender offer package are:
Location of tender box: Foyer of Sage Life Building
AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION OF THE ROUTINE ROAD
MAINTENANCE OF RISFSA CLASS 5&6 ROADS: VEREENIGING REGION GAUTENG
PROVINCE
F.2.13.6 A two envelope procedure will NOT be followed
F.2.13.9 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.
F.2.15 The closing time for submission of tender offers is 11:00 on 8 February 2017.
F.2.16 The tender offer validity period is 90 days.
F.2.23 The tenderer is required to submit with his tender the following documents:
i. Certificate of Attendance at Site visit and/or Clarification Meeting (see returnable schedule Form A1).
ii. Certificate of Authority for signatory (see returnable schedule Form A2).
iii. A current Tax Clearance and VAT Registration Certificate issued by the South
African Revenue Services (see returnable schedule Form A6).
iv. Certificate of Valid Professional Indemnity/Public liability insurance stating levels of cover (see returnable schedule Form A7).
v. Letter from Bank stating credit rating and bank details (see returnable schedule Form A8).
vi. Project structure and lines of responsibilities (see returnable schedule Form B3).
vii. Certificate of Quality Systems (see returnable schedule Form B4).
viii. Tenderer’s BEE Verification Certificate (Form B7).
F.3.4 Tenders will be opened immediately after the closing time for tenders at 11:00
Part T1: Tendering Procedures T1-23
Reference No. DRT 104 E/10/2016
F.3.5 Functionality will be scored out of 100, the minimum threshold to qualify is 70 , bidders that
fail to meet the minimum threshold will not be considered for further evaluation
F.3.11.1 The Department of Roads and Transport is committed to transformation, employment equity and staff advancement, and to supporting black economic empowerment.
The primary criterion in selection, apart from costs, will be the degree to which the Service Provider can demonstrate appropriate knowledge and expertise. A further consideration will naturally be the equity profile of the service provider in management, ownership and implementation.
The procedure for the evaluation of responsive tenders is Method 2 as contained in the Standardized Construction Procurement Documents for Professional Services (October 2005) as published by the Construction Industry Development Board.
F.3.11.7 The score for financial offer is calculated using Formula 2 (option 2) where, W1 is:
1. 90 where the financial value inclusive of VAT of all responsive tenders received have a value in excess of R1 000 000.00; or
2. 80 where the financial value inclusive of VAT of one or more responsive tender offers equals or is less than R1 000 000.00.
F3.11.8
Up to 100 minus W1 tender evaluation points will be awarded to tenderers who submit their
Construction Sector BEE Verification Certificate (see Form B7) and who are found to be
eligible for the preference claimed. Points will be awarded on the following basis:
B-BBEE Status
Level of
Contributor
Qualification
Number of
Points for
Contract value
up to R1000
000
Number of
Points for
Contract value
above R1000 000
1 > 100 points 20 10
2 > 85 but < 100 points 18 9
3 > 75 but < 85 points 16 8
4 > 65 but < 75 points 12 5
5 > 55 but < 65 points 8 4
6 > 45 but < 55 points 6 3
7 > 40 but < 45 points 4 2
8 > 30 but < 40 points 2 1
Non-compliant
Contributor
< 30 points 0 0
Eligibility for preference points will be determined as follows:
a) Valuation of preference points is based on tenderers’ scorecards in accordance with the Construction Sector Codes of Practice promulgated in Gazette 32305 on 5 June 2009.
b) Submission of Verification Certificates that are based on the Department of Trade and Industry (DTI) Generic Scorecard or the draft Construction Charter system published in the Construction Transformation Charter Group, will not score any preference points.
c) The only Verification Certificates that will be accepted are those issued by:
Part T1: Tendering Procedures T1-24
Reference No. DRT 104 E/10/2016
(i) A verification agency accredited by South African National Accreditation System (SANAS); or
(ii) A registered auditor approved by the Independent Regulatory Board of Auditors
(IRBA), in accordance with Government Notice 754 issued by the Department of
Trade and Industry on 23 September 2011 under Government Gazette 34612.
d) The Verification Certificate must be current, meaning that it must have been issued more recently than 12 (twelve) months prior to the tender closing date.
e) If a tenderer has failed to submit an acceptable Verification Certificate, a period of 24 hours will be granted to re-submit a valid Verification Certificate.
f) Failure to submit any valid Verification Certificate will result in the award of 0 (zero) points for preference.
g) In the event of a Joint Venture (JV), a consolidated BEE Verification Certificate in the name of the JV shall be submitted.
F.3.11.9 The quality criteria and maximum score in respect of each of the criteria are as follows:
Description of quality criteria Maximum number of
Tender evaluation points
Prepare and Submit Project Plans:
a) Project plan must clearly outline project management procedures and demonstrate understanding of the role of the key project personnel (organogram) as well as the various resources needed and timelines associated to projects needs on a project peculiar to this tender. (5 points)
b) Project plan must demonstrate with evidence the importance of
the following Acts in project management procedures:
• BBBEE Act & EPWP principles (5 points)
• National Road Traffic Act (5 points)
• SA Road Traffic Signs Manual Vol.2 (5 points)
• OHSACT (5 points)
• Quality Management System which is aligned with ISO
9001 or which is similar to ISO 9001: (5 points)
(Proof of ISO 9001 certification must be provided or a
comprehensive description of the alternative QMS)
30
Relevant company experience
Previously completed LIC design and supervision of road
rehabilitation and routine road maintenance contracts in the last ten
years:
:
a) 3 or more projects completed: 20 points
b) 2 projects completed: 15 points
c) 1 project completed: 10 points
20
Experience of key staff: Civil Engineer
Civil Engineer must be ECSA Registered (Pr Eng /Tech Eng) &
completed NQF level 7 unit standard “Develop and Promote LIC
Strategies” on a permanent basis with required experience in design
and supervision of LIC road rehabilitation & routine road maintenance
projects.
a) 10 year experience and above 25 points
b) 5 - 9 years’ experience 15 points
c) 0- 4 years’ experience 0 points
25
Part T1: Tendering Procedures T1-25
Reference No. DRT 104 E/10/2016
Experience of key staff: Construction Mentor
Construction Mentor must be SACPCMP Registered (Pr CMentor)
on a permanent basis with required experience in construction
mentorship on EPWP & LIC road projects
a)10 years’ experience and above 15 points
b) 6- 9 years’ experience 10 points
c) 3-5 years’ experience 5 points
d) 0-2 years’ experience 0 points
15
Experience of key staff: Route Manager
Route Manager must be ECSA Registered as candidate civil
engineer or civil engineering technician & completed NQF Level 5
unit standard “Manage Labour Intensive Construction” on a
permanent basis with required experience in supervision of LIC road
telephone number ..................................................................................................................................
fax number ............................................................................................................................................
SIGNED BY TENDERER: ......................................................................................................
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION
OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS:
VEREENIGING REGION GAUTENG PROVINCE
Part T2: Returnable Documents T2-16
Reference No. DRT 104 E/10/2016
FORM A9: DECLARATION OF TENDERER’S LITIGATION HISTORY
Note to tenderer:
The tenderer shall list below details of any litigation with which the tenderer (including its
directors, shareholders or other senior members in previous companies) has been involved
with any organ of state or state department within the last ten years. The details must include
the year, the litigating parties, the subject matter of the dispute, the value of any award or
estimated award if the litigation is current and in whose favour the award, if any, was made.
CLIENT
OTHER
LITIGATING
PARTY
DISPUTE AWARD
VALUE
DATE
RESOLVED
SIGNED BY TENDERER: ......................................................................................................
Part T2: Returnable Documents T2-17
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION
OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS:
VEREENIGING REGION GAUTENG PROVINCE
FORM A10: SCHEDULE OF CURRENT COMMITMENTS
Notes to tenderer:
1. The purpose of this form is for the tenderer to identify areas of conflict with respect to key
personnel proposed for this project. Failure to identify where areas of conflict occur, or
may occur, and which are subsequently discovered by the Employer shall render such
offer as non-responsive, rejected and the tenderer automatically barred from tendering on
Department of Roads and Transport projects for a period of at least 3 (three) months from
the date of tender closure.
2. The tenderer shall list below all projects with which proposed personnel are currently
involved.
3. The start date in column 4 of the table below is that date indicated in the tender documents
as being the intended start of the duties of the key personnel (i.e. expected start of design
or supervisory duties).
4. In the event of a joint venture enterprise, details of all the members of the joint venture
shall similarly be attached to this form.
NAME & POSITION PROJECT CLIENT
START
DATE
(M/Y)
DURATION
(MONTHS)
VALUE OF
SERVICE
SIGNED BY TENDERER: ......................................................................................................
Part T2: Returnable Documents T2-18
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION
OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS:
VEREENIGING REGION GAUTENG PROVINCE
FORM A11: POSSIBLE COMMITMENTS OF CORE PERSONNEL
Notes to tenderer:
1. The purpose of this form is for the tenderer to identify areas of conflict with respect to key
personnel proposed for this project. Failure to identify where areas of conflict occur, or
may occur, and which are subsequently discovered by the Employer shall render such
offer as non-responsive, rejected and the tenderer automatically barred from tendering on
Department of Roads and Transport projects for a period of at least 3 (three) months from
the date of tender closure.
2. The tenderer shall list below all projects/tenders for which the proposed core personnel
have been proposed, and for which results of an award are unknown at the date of tender
closure of this project.
3. The start date in column 4 of the table below is that date indicated in the tender documents
as being the intended start of the duties of the key personnel (i.e. expected start of design
or supervisory duties).
4. Tenderers must submit an alternative candidate for those positions identified as being
possible areas of conflict. The Employer will not request alternative candidates after
tender closure and will interpret the lack of any alternative candidate as an indication the
tenderer accepts that it will be impossible to be awarded this project as well as one of the
others listed on this list. The Employer reserves the right to select according to its best
interest and not the tenderers.
NAME & POSITION PROJECT CLIENT /
REGION
START
DATE
(M/Y)
DURATION
(MONTHS)
SIGNED BY TENDERER: ......................................................................................................
Part T2: Returnable Documents T2-19
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION MENTOR & SAFETY AGENT SERVICES FOR THE
MANAGEMENT AND SUPERVISION OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS: VEREENIGING REGION GAUTENG
PROVINCE
FORM B1: CANDIDATE’S TECHNICAL/MANAGERIAL RECORD
NAME DATE OF BIRTH POSITION IN TEAM
(NOTE 1)
Technical/Managerial Experience (List only the most recent 5 projects that the tenderer considers relevant to the specified scope of works)
CLIENT & PROJECT
NO (NOTE 2)
PROJECT TYPE NOTE 3)
RELEVANT
EXPERIENCE STARTED (NOTE 4)
RELEVANT
EXPERIENCE
ENDED (NOTE 4)
VALUE (NOTE 5)
POSITION HELD (NOTE 6)
CONTACT PERSON AND
POSITION (NOTE 7)
CONTACT NO.
Comments:
I declare that I have read and understand the meaning of the Note to tenderer # 4 on page T2-20 and confirm by my signature hereto that the information provided herein
is true, that the positions occupied, the projects reported and the corresponding responsibilities are truly my own experiences.
DATE AND SIGNATURE BY CANDIDATE: ........................................................................
SIGNED BY TENDERER: ...................................................................................................
Part T2: Returnable Documents T2-20
Reference No. DRT 104 E/10/2016
Notes to Tenderer and compiler:
1. Select from the list of positions in the table below the proposed position that the candidate will hold in the tenderer’s design or construction team. The same candidate may be proposed for more than 1
position simultaneously. If this is proposed and the evidence of the candidates’ suitability is different for each position in the team then separate forms for each position must be completed. However, the same candidate may not be proposed for more than 1 position in the construction phase.
2. Use abbreviations and acronyms in Table but clarify in comments what they stand for. 3. Project type – select from the list in the table below. If the list, in the opinion of the tenderer, does not contain an appropriate match of the project being registered then select what is closest to it in the
selection list and in the comment space provided clarify what its relevance is to the project tendered. 4. Year started – Design phase: for the relevant experience during the design phase, state the month and year of start and end (or current date if position is still occupied) of involvement in design - Construction phase: for the relevant experience during the construction phase, state the month and year of start and end (or current date if position is still occupied) of involvement in
construction. In the event that the project has been designed only, or is still in the design phase clarify in the comments area that the project experience is for design only. 5. Value means the completed value of the works including all extra works, (including claims) contract price adjustment and VAT. If construction is not complete, or is still in design phase insert the total value
of construction (as before) followed by (E) showing it is the estimated value. 6. Select from the list in the table below the position held by the candidate. If, in the opinion of the tenderer, there is no equivalent position, select what is closest to it in the selection list and, in the comment space provided clarify in what aspects it differs. 7. Give the name, position held and contact number of the responsible person acting for the listed client and who will be able to vouch for the accuracy of the information provided. Positions (Notes 1 and 6) Abbreviation Project Type (Note3) Abbreviation
Project leader (the engineer for design phase) PL Ad-Hoc Maintenance – Road Marking MAM
Alternate project leader APL Ad-Hoc Maintenance – Road Signs MAS
Design specialist DS Routine Road Maintenance RRM
Design assistant DA Maintenance, Periodic – Slurry, rejuvenation, etc MPP
Contract engineer (the engineer construction phase) CE Maintenance, Periodic – Reseal MPS
Assistant Route Manager ARM Development, strengthening – concrete DSC
Construction Mentor CMentor Development, strengthening – geotechnical DSG
Development, strengthening – structures DSB
Development, Improvements – reseal DIS
Development, improvements – asphalt DIA
Development, improvements – concrete DIC
Development, improvements – structures DIB
Development, improvements – geotechnical DIG
Development, new – reseal DNS
Development, new – asphalt DNA
Development, new – concrete DNC
Part T2: Returnable Documents T2-21
Reference No. DRT 104 E/10/2016
Development, new – bridges DNB
Development, new geotechnical DNG
other facilitiy OF
Toll facility TF
Toll operations TO
Electronic systems ETS
Electrical systems ES
Mechanical systems MS
Community based projects
Part T2: Returnable Documents T2-22
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION MENTOR & SAFETY AGENT SERVICES FOR THE
MANAGEMENT AND SUPERVISION OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS: VEREENIGING REGION GAUTENG
PROVINCE
FORM B2: CANDIDATE’S CONTINUING PROFESSIONAL DEVELOPMENT RECORD
Personal Details of Candidate
Name Position in team
(Note 1)
Position in Company
(Note 2)
Registration with professional bodies
Professional registration body ECSA (Note 3)
SACPCMP (Note 3)
Highest Engineering qualification Institution Date graduated
Level of registration
Registration number Initial relevant Tertiary Qualification Institution Date graduated
Date of registration
Continuing Professional Development (candidate to list 5 most recent courses that he/she considers relevant to the engineering field)
Course Type
(Note 4)
Host Institute
(Note 5)
Participation
(Note 6)
Course Content When held
(Note 7)
Field Study
(Note 8)
I declare that I have read and understand the meaning of the Note to tenderer # 4 on page T2-23 and confirm by my signature hereto that the information provided herein
is true, that the positions occupied, the projects reported and the corresponding responsibilities are truly my own experiences.
DATE AND SIGNATURE BY CANDIDATE: ........................................................................
SIGNED BY TENDERER: ...................................................................................................
Part T2: Returnable Documents T2-23
Reference No. DRT 104 E/10/2016
Notes to tenderer and candidate:
1) Select from the list of positions in the table below the proposed position that the candidate will hold in the tenderer’s design or construction team. The same candidate may be proposed for more than 1 position
simultaneously, in which case it is advisable to complete different forms for each position to demonstrate the candidate’s training in the engineering field. However, the same candidate may not be proposed for more than 1 position in the construction phase.
2) Select from the list of company positions in the table below the actual position that the candidate occupies in the tenderer’s organisational structure. 3) Each candidate must provide the relevant level of registration (e.g. Fellow, associate, candidate, professional etc) registration number and registration date for each of the listed professional bodies. If different
from those in the pro-forma then the candidate must list the equivalent body with which he/she is registered and in the space provided for comments give a brief explanation of that body. ECSA = Engineering Council of South Africa
SACPCMP = South African Council for the Project and Construction Management Professions 4) Select from the list of course types given in the table below. If, in the opinion of the candidate, there is no equivalent course type select what is closest to it in the selection list ’ and explain in the space made
available. 5) Select from the list of host institutions given in the table below. If, in the opinion of the candidate, there is no equivalent host institution select what is closest to it in the selection list and in the space provided
explain differences from those in the selection list. 6) Select form the list of participative levels given in the table below. If, in the opinion of the candidate, there is no equivalent participation activity, select what is closest to it in the selection list ’ and in the space
made available explain differences from the selection list. 7) Only enter courses attended within the last five years. Give month and year of the course. 8) Select from the list of Study Fields
Position proposed
(Note 1 ) Abbreviation Position in company (Note
2) Course Type
(Note 4) Host Institutions
(Note 5)
Participative Levels
(Note 6) Field of Study (Note
8)
Project leader (the engineer for
design phase) PL Director (with executive powers) Conference Academia Presenter Technical
Alternate project leader APL Director (without executive powers) Seminar Registered
training institution Delegate OHS – Any Occupational Health and Safety Act 85 of 1993
courses and associated Regulations for General, Health, Mechanical and Electrical courses
Design specialist DS Associate (with shares) Study Course Industry Attendant Design assistant DA Associate (without shares) Workshop Lecturer Contract engineer (the engineer
construction phase) CE Employee (engineer/technician) Co-ordinator
Alternate Contract Engineer ACE Contracted engineer/technician Author Resident engineer RE Student Assistant resident engineer ARE Senior Materials technician SMT Contracts manager CM Site agent SA Project Engineer (Employer) PE(E) Route Manager RM Assistant Route Manager ARM Construction Mentor CMentor
Part T2: Returnable Documents T2-24
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION MENTOR & SAFETY AGENT SERVICES FOR THE
MANAGEMENT AND SUPERVISION OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS: VEREENIGING REGION GAUTENG
PROVINCE
FORM B3: TENDERER’S PROJECT STRUCTURE
Notes to tenderer: 1. The intention of this form is to demonstrate the tenderer’s project structure, as well as the lines of responsibility between members of the project team and between the
project team and the overall company structure. The tenderer must attach his own organogram to this form. 2. Tenderers which are large companies may simplify the organogram by ‘rolling up’ portfolios e.g. combining directors/associates into one box of the organogram. However,
the individual positions of the key personnel within the structure must still be shown. 3. Joint Venture tenders will require each element of the venture to submit separate organograms that show the individual structure of each member company and the lines of
responsibility of the proposed personnel involved in the project. In addition there must also be a combined organogram that indicates how the joint venture itself will function and the proposed share of the work. Joint Venture tenderers shall note that the share of work indicated will be used in the analysis of such a tenderers preference proposed on returnable form B7, and that if awarded the share of work shall become a contractual obligation between the members of the joint venture.
4. State the city or town where the company’s head office is located. The locality of regional or satellite office, regardless of degree of autonomy or size is not required. Only submit the number of offices other than the head office. Do not count offices outside RSA
5. Registered professional engineers, technicians or technologists means those who are involved in the road construction/transport industry as well as allied fields such as environmental professionals. Registered professionals of other disciplines (e.g. mechanical) are considered as employees only.
Managing Director
Head Office: State City/Town
Other Offices: Only list number, localities not required
Registered Professionals: ECSA List only in road construction/transport industry
Registered Professionals: SACPCMP
Total Employees :
% share in JV agreement
Director 1 Design specialist
Director 2 Project leader
Director 3 Contract Engineer
3 other directors
Associate 1 Design Assistant
4 other associates Associate 1 Resident Engineer
Part T2: Returnable Documents T2-25
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION
OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS:
VEREENIGING REGION GAUTENG PROVINCE
FORM B4: CERTIFICATE OF QUALITY SYSTEMS
Note to tenderer:
1. Attach to this form a current ISO, or similar system, certificate or brief summary of the
in-house systems used.
2. Sufficient detail must be provided to clearly identify management systems for which
accreditation has been issued, in the case of a certificate, or are being applied in the
case of in-house programmes.
3. Summaries shall not be more than 2x A4 pages
4. Only relevant ISO accreditation contemplated for the work specified shall score
maximum points.
SIGNED BY TENDERER: ......................................................................................................
Part T2: Returnable Documents T2-26
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION
OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS:
VEREENIGING REGION GAUTENG PROVINCE
FORM B5: PRELIMINARY PROGRAMME (INCLUDING UNDERSTANDING AND APPROACH)
The tenderer shall attach a preliminary programme reflecting the proposed sequences and tempo of
execution of the various activities.
Note to tenderer: Limit this to two pages.
SIGNED BY TENDERER: ......................................................................................................
Part T2: Returnable Documents T2-27
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION MENTOR & SAFETY AGENT SERVICES FOR THE
MANAGEMENT AND SUPERVISION OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 1&2 ROADS: VEREENIGING REGION
GAUTENG PROVINCE
FORM B6: Professional Construction Health &Safety Agent (Pr CHSA)
Personal Details of Candidate
Name Date of Birth
(yyyy/mm/dd)
Confirmation of
Membership
(Note 1)
Professional Body
Registered with and
Membership Number
Position in Company
(Note 2)
Date of Membership
(yyyy/mm/dd)
Comments:
SIGNED BY TENDERER: ................................................................................................... Notes to tenderer and candidate:
1) Select from the list below the confirmation of membership.. 2) Select from the list of company positions in the table below the actual position that the candidate occupies in the tenderer’s organisational structure
Confirmation of Membership Position in Company (Note 1 ) (Note 2) Unknown No contracted or in-house registered candidate Non-Member Registered candidate is contracted in Member Registered candidate in-house
Part T2: Returnable Schedules T2-27
Part T2: Returnable Documents T2-28
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION
OF THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS:
VEREENIGING REGION GAUTENG PROVINCE
FORM B7: TENDERER’S BEE VERIFICATION CERTIFICATE
Notes to Tenderer:
1. A BEE Verification Certificate and the associated Assessment Report in accordance with
the Construction Sector Codes of Practice promulgated in Gazette 32305 on 5 June 2009
shall be attached to this page.
2. In the event of a Joint Venture (JV), a consolidated BEE Verification Certificate in the name
of the JV shall be attached.
3. The attached Verification Certificate and the associated Assessment Report shall identify:
(a) The name and domicilium citandi et executandi of the tenderer.
(b) The registration and VAT number of the tenderer.
(c) The dates of granting of the BBBEE score and the period of validity.
(d) The expiry date of the Verification Certificate.
(e) A unique identification number.
(f) The standard and/or normative document, including the issue and/or revision
used to evaluate the tenderer.
(g) The name and/or mark/logo of the BEE Verification Agency.
(h) The scorecard (GENERIC, QSE, Exempt) against which the tenderer has been
verified.
(i) The broad-based BEE status level.
(j) The SANAS logo on the Verification Certificate once verification agencies have
been accredited.
(k) The BBBEE procurement recognition level.
(l) The score achieved per BEE element.
(m) The % black shareholding.
(n) The % black women shareholding.
(o) The % black persons with disabilities.
(p) The value added status of the tenderer.
4. The Employer will not be responsible to acquire data that it needs for its own reporting
systems and which may not form part of a Verification Agency’s standard certificate
format. The tenderer, at its own cost, must acquire the specified data listed in 3 above
from its selected Verification Agency and have it recorded on the certificate. Alternatively,
such missing data must be supplied separately, but certified as correct by the same
Verification Agency and also attached to this form. Failure to abide by this requirement will
result in such a tenderer scoring zero preference.
SIGNED BY TENDERER: .......................................................................................................................
Part T2: Returnable Documents T2-29
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION OF
THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS: VEREENIGING
REGION GAUTENG PROVINCE
SBD 4
DECLARATION OF INTEREST
1. Any legal person, including persons employed by the state¹, or persons having a kinship
with persons employed by the state, including a blood relationship, may make an offer or
offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a
proposal or written price quotation). In view of possible allegations of favouritism, should the
resulting bid, or part thereof, be awarded to persons employed by the state, or to persons
connected with or related to them, it is required that the bidder or his/her authorised
representative declare his/her position in relation to the evaluating/adjudicating authority
where-
- the bidder is employed by the state; and/or
- the legal person on whose behalf the bidding document is signed, has a relationship
with persons/a person who are/is involved in the evaluation and or adjudication of the
bid(s), or where it is known that such a relationship exists between the person or
persons for or on whose behalf the declarant acts and persons who are involved with
the evaluation and or adjudication of the bid.
2. In order to give effect to the above, the following questionnaire must be completed
and submitted with the bid.
2.1 Full Name of bidder or his or her representative: ....................................................
2.6.1 The names of all directors / trustees / shareholders / members, their individual identity
numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be
indicated in paragraph 3 below. ¹“State” means –
(a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament.
²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or
business and exercises control over the enterprise.
Part T2: Returnable Documents T2-30
Reference No. DRT 104 E/10/2016
2.7 Are you or any person connected with the bidder YES / NO
presently employed by the state?
2.7.1 If so, furnish the following particulars:
Name of person / director / trustee / shareholder/ member: ..........................................................
Name of state institution at which you or the person
connected to the bidder is employed : .............................................................................
Position occupied in the state institution: ............................................................................
Any other particulars:
………………………………………………………………
………………………………………………………………
………………………………………………………………
2.7.2 If you are presently employed by the state, did you obtain YES / NO
the appropriate authority to undertake remunerative
work outside employment in the public sector?
2.7.2.1 If yes, did you attach proof of such authority to the bid YES / NO
document?
(Note: Failure to submit proof of such authority, where
applicable, may result in the disqualification of the bid.
2.7.2.2 If no, furnish reasons for non-submission of such proof:
…………………………………………………………………….
…………………………………………………………………….
…………………………………………………………………….
2.8 Did you or your spouse, or any of the company’s directors / YES / NO
trustees / shareholders / members or their spouses
conduct business with the state in the previous twelve months?
2.8.1 If so, furnish particulars:
…………………………………………………………………..
…………………………………………………………………..
…………………………………………………………………...
2.9 Do you, or any person connected with the bidder, have YES / NO
any relationship (family, friend, other) with a person
employed by the state and who may be involved with
the evaluation and or adjudication of this bid?
2.9.1 If so, furnish particulars.
……………………………………………………………...
…………………………………………………………..….
………………………………………………………………
2.10 Are you, or any person connected with the bidder, YES/NO
aware of any relationship (family, friend, other) between
any other bidder and any person employed by the state
who may be involved with the evaluation and or
adjudication of this bid?
Part T2: Returnable Documents T2-31
Reference No. DRT 104 E/10/2016
2.10.1 If so, furnish particulars.
………………………………………………………………
………………………………………………………………
………………………………………………………………
2.11 Do you or any of the directors / trustees / shareholders / members YES/NO
of the company have any interest in any other related companies
whether or not they are bidding for this contract?
2.11.1 If so, furnish particulars:
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
3 Full details of directors / trustees / members / shareholders.
Full Name Identity Number
Personal Income
Tax Reference
Number
State Employee
Number / Persal
Number
4 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 SHOULD
THIS DECLARATION PROVE TO BE FALSE.
……………………………………………….. ..…………………………………….……
Signature Date
……………………………………………….. ……………………………………………
Position Name of bidder
November 2011
Part T2: Returnable Documents T2-32
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION OF
THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS: VEREENIGING
REGION GAUTENG PROVINCE SBD 8
DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES
1 This Standard Bidding Document must form part of all bids invited.
2 It serves as a declaration to be used by institutions in ensuring that when goods and services are being
procured, all reasonable steps are taken to combat the abuse of the supply chain management system.
3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-
a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.
4 In order to give effect to the above, the following questionnaire must be completed and
submitted with the bid.
Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of
Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at the
bottom of the home page.
Yes
No
4.1.1 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
4.2.1 If so, furnish particulars:
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?
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
4.4.1 If so, furnish particulars:
CERTIFICATION
I, THE UNDERSIGNED (FULL NAME) ........................................................................................................................
CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST
ME SHOULD THIS DECLARATION PROVE TO BE FALSE.
………………………………………... …………………………..
Signature
Date
………………………………………. …………………………..
Position Name of Bidder
Js365bW
Part T2: Returnable Documents T2-34
Reference No. DRT 104 E/10/2016
TENDER NUMBER: DRT 104 E/10/2016 CONSULTING ENGINEERING, CONSTRUCTION
MENTOR & SAFETY AGENT SERVICES FOR THE MANAGEMENT AND SUPERVISION OF
THE ROUTINE ROAD MAINTENANCE OF RISFSA CLASS 5&6 ROADS: VEREENIGING
REGION GAUTENG PROVINCE
SBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement
between, or concerted practice by, firms, or a decision by an association of firms, if it is between
parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive
bidding is a pe se prohibition meaning that it cannot be justified under any grounds.
3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take
all reasonable steps to prevent abuse of the supply chain management system and authorizes
accounting officers and accounting authorities to:
a. 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.
Part T2: Returnable Documents T2-35
Reference No. DRT 104 E/10/2016
I, the undersigned, in submitting the accompanying bid:
14. REMUNERATION AND REIMBURSEMENT OF SERVICE PROVIDER ....................... C1-24
Part C1: Agreement & Contract Data C1-10
Reference No. DRT 104 E/10/2016
CONDITIONS OF CONTRACT
1. DEFINITIONS
In the Contract, the following words and expressions shall have the meanings indicated,
except where the context otherwise requires. Defined terms and words are signified in the text
of the Contract by the use of capital initial letters.
Agent
The Service Provider appointed in terms of the Occupational Health and Safety Act No. 85 of
1993, including the relevant Regulations.
Construction monitoring/supervision
The process of managing and co-ordinating the Works Contract and over-seeing and/or
inspecting the Works in accordance with the Employer’s requirements.
Contract
The Contract signed by the Parties and of which these General Conditions of Contract form part.
Contract Data
Specific data, which together with these General Conditions of Contract, collectively describe
the risks, liabilities and obligations of the contracting Parties and the procedures for the
administration of the contract.
Contract Price
The price to be paid for the performance of the Services in accordance with the Pricing Data.
Day
A calendar day.
Defect
A part of the Services, as performed, which does not comply with the requirements of the
Contract.
Deliverable
Any measurable, tangible, verifiable outcome, result or item that must be produced or completed.
Engineer
The natural or juristic person, partnership, Incorporated Company, Propriety Limited Company
or Close Corporation appointed in writing by the Employer for the construction monitoring and
management of the engineering Works undertaken by the Contractor.
Employer
The contracting party named in the Contract who employs the Service Provider.
Force Majeure
“For the purpose of this Contract the expression ‘Force Majeure’ shall mean an event or
circumstance described in clause 8.3.1.
Key Persons
Persons who are named as such in the Contract Data who will be engaged in the performance of
the Services.
Others
Persons or organizations who are not the Employer, the Service Provider or any employee,
Subcontractor, or supplier of the Service Provider.
Parties
The Employer and the Service Provider.
Part C1: Agreement & Contract Data C1-11
Reference No. DRT 104 E/10/2016
Period of Performance
The period within which the Services are to be performed and completed.
Personnel
Persons hired by the Service Provider as employees and assigned to the performance of the
Services or any part thereof.
Personnel Schedule
A schedule naming all personnel and key persons.
Pricing Data
Data that establishes the criteria and assumptions that were taken into account when
developing the Contract Price and the record of the components that make up of the Contract
Price.
Project
The project named in the Contract Data for which the Services are to be provided.
Scope of Work
The document which defines the Employer’s objectives and requirements and specifies the
Services which must, or may, be provided under the Contract.
Service Provider
The contracting party named in the Contract Data who is employed by the Employer to
perform the Services described in the Contract, and legal successors to the Service Provider
and legally permitted assignees.
Services
The work to be performed by the Service Provider pursuant to the Contract as described in the
Scope of Work.
Subcontractor
A person or body corporate who enters into a subcontract with the Service Provider to perform
part of the Services.
Technical Proposal
The Key Persons proposed by the Service Provider to undertake the respective
functions/duties as defined under the Contract.
Works or Works Contract
That project or part of a project that the employer wishes to have delivered and for which the
service provider has been appointed for the performance of the services specified in this
contract.
2. INTERPRETATION
2.1 Unless inconsistent with the context, an expression which denotes:
a) any gender includes the other genders;
b) a natural person includes a juristic person and vice versa;
c) the singular includes the plural and vice versa.
2.2 If there is any conflict between the provisions of these General Conditions of Contract and the
Contract Data, the provisions of the Contract Data shall prevail.
2.3 The clause headings shall not limit, alter or affect the meaning of the Contract.
Part C1: Agreement & Contract Data C1-12
Reference No. DRT 104 E/10/2016
3. GENERAL
3.1 Governing laws
“Law” means all national (or other spheres of Government) legislation, statutes , ordinances
and other laws including the South African Common Law, and regulations and by-laws of any
legally constituted public authority.
3.2 Change in legislation
If after the commencement of the Contract, the cost or duration of the Services is altered as a
result of changes in, or additions to, any statute, regulation or bye-law, or the requirements of
any authority having jurisdiction over any matter in respect of the Project, then the Contract
Price and time for completion shall be adjusted in order to reflect the impact of those changes,
provided that, within 14 days of first having become aware of the change, the Service Provider
furnished the Employer with detailed justification for the adjustment to the Contract Price.
3.3 Language
3.3.1 The language of the Contract and of all communications between the Parties shall be English.
3.3.2 All reports, recommendations and reports prepared by the Service Provider under the Contract
shall be in English.
3.4 Notices
3.4.1 Any notice, request, consent, or other communication made between the Parties pursuant to
the Contract shall be in writing and shall be deemed to have been made when delivered in
person to an authorized representative of the Party to whom the communication is addressed,
or when delivered to such Party at the address stated in the Contract Data, or one week after
having been sent by registered post.
3.4.2 If the sender requires evidence of receipt, he shall state such requirement in his
communication and, wherever there is deadline for the receipt of the communication, he may
demand evidence of receipt of his communication. In any event, the sender shall take all the
necessary measures to ensure receipt of communications.
3.4.3 A Party may change its address for receipt of communications by giving the other Party 30
days advance notice of such change.
3.5 Location
The Services shall be performed at such locations as are specified in the Contract Data, and
where the location of a particular task is not so specified, at such locations as the Employer
may approve.
3.6 Publicity and publication
Unless otherwise agreed, the Service Provider shall not release public or media statements or
publish material related to the Services or Project within two (2) years of completion of the
Services without the written approval of the Employer, which approval shall not be
unreasonably withheld.
3.7 Confidentiality
Both Parties shall keep all commercially sensitive information obtained by them in the context
of the Contract confidential and shall not divulge it without the written approval of the other
Party except to the extent strictly necessary to carry out obligations under this Contract or to
comply with applicable laws.
Part C1: Agreement & Contract Data C1-13
Reference No. DRT 104 E/10/2016
3.8 Variations
3.8.1 The Employer may, without changing the objectives or fundamental scope of the Contract,
order variations to the Services or may request the Service Provider to submit proposals,
including the time and cost implications, for variations to the Services. No variation shall have
any force or effect unless reduced to writing and signed by both Parties.
3.8.2 The reasonable cost of preparation and submission of such proposals and the incorporation
into the Contract of any variations to the Services ordered by the Employer, including any
change in the Contract Price, shall be agreed in writing between the Service Provider and the
Employer, prior to the change being implemented.
3.8.3 Where a variation is necessitated by default or breach of Contract by the Service Provider, any
additional cost attributable to such variation shall be borne by the Service Provider.
3.9 Sole agreement
The Contract constitutes the sole agreement between the Parties for the performance of the
Services and no representation not contained therein shall be of any force or effect. No
amendments will be of any force or effect unless reduced to writing and signed by both
Parties.
3.10 Indemnification
The Service Provider shall, at his own expense, indemnify, protect and defend the Employer,
its agents and employees, from and against all actions, claims, losses and damage arising
from any wilful or negligent act or omission by the Service Provider or his subcontractors in the
performance of the Services, including any violation of legal provisions, or rights of others, in
respect of patents, trade marks and other forms of intellectual property such as copyrights.
3.11 Penalty
3.11.1 In the event that due to his negligence, or for reasons within his control, the Service Provider
does not perform the Services within the Period of Performance, the Employer shall without
prejudice to his other remedies under the Contract, be entitled to levy a penalty for every Day
or part thereof, which shall elapse between the end of the period specified for performance, or
an extended Period of Performance, and the actual date of completion, at the rate and up to
the maximum amount stated in the Contract Data.
3.11.2 If the Employer has become entitled to the maximum penalty amount referred to in 3.11.1, he
may after giving notice to the Service Provider:
a) terminate the Contract
b) complete the Services at the Service Provider’s cost.
3.12 Equipment and materials furnished by the Employer
3.12.1 Equipment and materials made available to the Service Provider by the Employer, or
purchased by the Service Provider with funds provided by the Employer for the performance of
the Services shall be the property of the Employer and shall be marked accordingly. Upon
termination or expiration of the Contract, the Service Provider shall make available to the
Employer an inventory of such equipment and materials and shall dispose of them in
accordance with the Employer’s instructions.
3.12.2 Unless otherwise stated in the Contract Data, the Service Provider shall, at his own expense,
insure the equipment and materials referred to in 3.12.1 for their full replacement value.
3.13 Illegal and impossible requirements
The Service Provider shall notify the Employer immediately, should he become aware that the
Contract requires him to undertake anything which is illegal or impossible.
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3.14 Programme
3.14.1 The Service Provider shall, within the time period set out in the Contract Data, submit to the
Employer a programme for the performance of the Services which shall, inter alia, include:
a) the order and timing of operations by the Service Provider and any actions required of the
Employer and Others;
b) the dates by which the Service Provider plans to complete work needed to allow the Employer
and Others to undertake work required of them; and
c) other information as required in terms of the Scope of Work or Contract Data.
3.14.2 The Employer may, during the course of the Contract, request the Service Provider to amend
the programme. Where this is not practicable, the Service Provider shall advise the Employer
accordingly and advise him of alternative measures, if any, which might be taken.
3.14.3 The Service Provider shall regularly update the programme to reflect actual progress to date
and expected future progress.
3.15 Severability
If a court of competent jurisdiction holds that any provision of this Contract is severable by
reason of it being invalid, illegal, unlawful or unenforceable and as a consequence of which
prevents the accomplishment of the purpose of this Contract, the Employer and the Service
Provider shall meet and review the matter to adopt means to fulfil the purpose of the Contract.
3.16 Waiver
No defence of a waiver of any of the provisions of this contract shall be effective unless it is
expressly stated in writing, by the Party against whom such defence is raised, to be a waiver
of such provisions and is communicated to the other Party in writing in accordance with the
provisions of Clause 3.4.
4. EMPLOYER’S OBLIGATIONS
4.1 Information
4.1.1 The Employer shall timeously provide to the Service Provider, free of cost, all available
information and data in the Employer’s possession which may be required for the performance
of the Services.
4.1.2 The Employer shall provide the Service Provider with any assistance required in obtaining
other relevant information that the latter may require in order to perform the Services.
4.1.3 The Service Provider shall be entitled to rely on the accuracy and completeness of all
information furnished by or on behalf of the Employer.
4.2 Decisions
The Employer shall, within a reasonable time, give his decision on any matter properly
referred to him in writing by the Service Provider so as not to delay the performance of
Services.
4.3 Assistance
The Employer shall co-operate with the Service Provider and shall not interfere with or obstruct
the proper performance of the Services. The Employer shall as soon as practicable:
4.3.1 authorise the Service Provider to act as his agent insofar as may be necessary for the
performance of the Services;
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4.3.2 provide all relevant data, information, reports, correspondence and the like, which become
available;
4.3.3 procure the Service Provider’s ready access to premises, or sites, necessary for the
performance of the Services;
4.3.4 assist in the seeking of all approvals, licenses and permits from state, regional and municipal
authorities having jurisdiction over the Project, unless otherwise stated in the Contract Data;
4.3.5 designate in writing a person to act with his complete authority in giving instructions and
receiving communications on his behalf and interpreting and defining his policies and
requirements in regard to the Services.
4.4 Services of Others
4.4.1 The Employer shall, at his own cost, engage such Others as may be necessary for the
execution of work necessary for the completion of the Project, but not included in the Services.
4.4.2 The Employer shall not enter into an agreement or contract with Others which describes any
of the duties and responsibilities of the Service Provider in terms of the Contract or which
imposes obligations on him, without first obtaining the Service Provider’s written agreement
thereto.
4.5 Notice of change by Employer
On becoming aware of any matter which will materially change, or has changed, the scope,
cost or timing of the Services, or on becoming aware of any defect or deficiency in the
Services, the Employer shall immediately advise the Service Provider thereof.
4.6 Issue of instructions
Where the Service Provider is required to administer the work or services of Others, or any
contract or agreement, on behalf of the Employer, then the Employer shall issue instructions
related to such work, services, contract or agreement only through the Service Provider.
4.7 Payment of Service Provider
The Employer shall pay the Service Provider the Contract Price in accordance with the provisions
of the Contract.
5. SERVICE PROVIDER’S OBLIGATIONS
5.1 General
5.1.1 The Service Provider shall perform the Services in accordance with the Scope of Work with all
reasonable care, diligence and skill in accordance with generally accepted professional
techniques and standards and shall be responsible for breach of professional duty by reason
of any error, omission or neglect in connection with delivering the services
5.1.2 Where the Services include the exercise of powers to certify, decide or otherwise exercise
discretion in regard to a contract or agreement between the Employer and Others, then the
Service Provider shall act in respect of that contract or agreement as an independent
professional
5.1.3 If the Service Provider is a joint venture or consortium of two or more persons, the Service
Provider shall designate one person to act as leader with authority to bind the joint venture or
consortium. Neither the composition nor the constitution of the joint venture or consortium
shall be altered without the prior consent in writing of the Employer, which shall not be
unreasonably withheld.
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5.1.4 Unless specifically instructed differently, the Service Provider is delegated as the Employer's
"Mandatary" in terms of the Occupational Health and Safety Act (Act no. 85 of 1993), and as
the Employer's Agent as defined in 2014 amended Construction Regulations 5 ( l to s) (5) and
(6) (7) of the said Act
5.1.5 The Service Provider, if requested by the Employer, shall provide any plans and calculations
for checking by Others.
5.1.6 All design calculations shall be kept and safeguarded for the duration of the insurance(s)
required in terms of clause 5.4.1.
5.2 Exercise of authority
5.2.1 The Service Provider shall have no authority to relieve Others appointed by the Employer to
undertake work on the Project of any of their duties, obligations, or responsibilities under their
respective agreements or contracts, unless expressly authorised by the Employer in response
to an application by the Service Provider in writing to do so.
5.2.2 Whenever necessary to enter upon land for the performance of the Contract the service Provider shall do so in accordance with the provisions of the Gauteng Transport Infrastructure Act, 2001 (Act 8 of 2001). and shall indemnify the Employer from all costs arising from any transgression committed by the Service Provider.
5.3 Designated representative
The Service Provider shall designate in writing a person to act as his representative and such
person shall have complete authority to receive instructions from and give information to the
Employer on behalf of the Service Provider.
5.4 Insurances to be taken out by the Service Provider
5.4.1 The Service Provider shall, at his own cost, unless otherwise agreed, take out and maintain in
force such insurance policies in respect of their own risks in performing the Services as are
stipulated in the Contract Data, subject to the approval of the Employer, which approved shall
not be unreasonably withheld.
5.4.2 The Service Provider shall, at the Employer’s request, provide evidence to the Employer
showing that the insurance required in terms of Clause 5.4.1 has been taken out with an
insurance company registered in the Republic of South Africa, or as otherwise approved by
the Employer and maintained in force.
5.5 Service Provider’s actions requiring Employer’s prior approval
The Service Provider shall obtain the Employer’s prior approval in writing before taking, inter alia,
any of the following actions:
a) appointing Subcontractors for the performance of any part of the Services,
b) appointing Key Persons not listed by name in the Contract Data.
c) any other action that may be specified in the Contract Data.
5.6 Co-operation with Others
If the Service Provider is required to perform the Services in co-operation with Others he may
make recommendations to the Employer in respect of the appointment of such Others. The
Service Provider shall, however, only be responsible for his own performance and the
performance of Subcontractors unless otherwise provided for.
5.7 Notice of change by Service Provider
On becoming aware of any matter which will materially change or has changed the scope,
cost or timing of the Services, the Service Provider shall give notice thereof to the Employer,
save that the Service Provider is empowered to make minor changes or variations within the
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overall programme or budget and within such parameters as are defined by the Employer,
provided that such changes are reported timeously to the Employer.
5.8 Safeguarding the Employer’s data
5.8.1 The Parties shall take reasonable precautions (each having regard to the nature of the other‘s
respective obligations under the Contract) to preserve the integrity of the Employer’s data
including appropriate back-up procedures.
5.8.2 In the event that the Employer’s data is corrupted or lost as a result of any default by the
Service Provider, the Employer shall at the Service Provider’s expense, have the option to: -
require the Service Provider to restore or procure the restoration of such data; or; - itself
restore or procure restoration of such data.
5.9 Performance Security
Where required, the Service Provider shall obtain (at his cost) a Performance Security for
proper performance in the amount and currencies stated in the Contract Data. If an amount is
not stated in the Contract Data, this sub-clause shall not apply.
The Service Provider shall deliver the Performance Security to the Employer within 14 days of
the date of issue of the Letter of Acceptance. The Performance Security shall be issued by an
insurance company or bank registered or licensed as an insurance company or bank to do
business in the Republic of South Africa and approved by the Employer and having an office
or banking facility in the Republic of South Africa. The Performance Security shall be subject
to approval by the Employer and shall be in the form prescribed in the tender documents.
6. CONFLICTS OF INTEREST, CORRUPTION AND FRAUD
6.1 Service Provider not to benefit from commissions, discounts, etc.
The remuneration of the Service Provider under the Contract shall constitute the Service
Provider’s sole remuneration in connection with the Contract, or the Services, and the Service
Provider shall not accept for his own benefit any trade commission, discount, or similar
payment in connection with activities pursuant to the Contract, or in the discharge of his
obligations under the Contract, and shall use his best efforts to ensure that the Personnel, any
Subcontractors, and agents of either of them shall, similarly, not receive any additional
remuneration.
6.2 Royalties and the like
The Service Provider shall not have the benefit, whether directly or indirectly, of any royalty or
of any gratuity or commission in respect of any patented or protected article or process used
in or for the purposes of the Contract, or Project, unless so agreed by the Employer in writing.
6.3 Independence
The Service Provider shall refrain from entering into any relationship which could be perceived as
compromising his independence of judgment, or that of Subcontractors or Personnel.
6.4 Corruption and Fraud
6.4.1 The Service Provider shall neither:
a) Offer or give or agree to give any person of the Employer any gift or consideration of any kind
as an inducement or reward for doing or forbearing to do or for having done or forebore to do
any act in relation to the obtaining or performance of this contract or any other contract with
the Employer or for showing or forbearing to show favour or disfavour to any person in
relation to this contract; nor
b) Enter into this contract if in connection with it commission or a reward of any type has been
paid, offered or agreed to be paid to any person of the Employer by the Service Provider or on
his behalf or knowledge.
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6.4.2 In the event that the Employer, in good faith and on reasonable grounds, comes to the
opinion, that a breach of any of the provisions of Clause 6.4.1 has been perpetrated by the
Service Provider or anyone employed by him or acting on his behalf in relation to this contract
or any other agreement with the Employer, the Employer may:
i. summarily suspend the operation of this Contract by notice in writing to the Service
Provider, informing him of the Employer’s opinion and the grounds and reasons upon
which it is based, and calling upon the Service Provider to show cause, in writing, within
fourteen (14) days of receipt of the written notice why the Employer should not terminate
this Contract on the grounds of the alleged breach(es) of Clause 6.4.1 of this Contract;
ii. withhold all payments due;
iii. terminate this Contract by notice in writing to the Service Provider, if the Service Provider
fails to respond to the Employer’s written response, to satisfy the Employer that his
opinion is unfounded. Provided always that such termination shall not prejudice or affect
any right of action or remedy, which shall have accrued or shall accrue thereafter to the
Employer and provided also that the Employer may recover from the Service Provider
such sum as the Employer deems equivalent to the amount or value of any such gift,
consideration or commission.
6.4.3 In the event that the Employer, in good faith and on reasonable grounds, comes to the opinion
that any contract with a Government or public sector body has been or was obtained by the
Service Provider through actions that mutatis mutandis are similar in nature to those barred in
terms of Clause 6.4.2 by the Service Provider or by anyone employed by the Service Provider
or acting on the Service Provider’s behalf in relation to such Contract, the Employer may: (a)
summarily suspend the operation of this Contract by notice in writing to the Service Provider,
informing him of the Employer’s opinion and the grounds and reasons upon which it is based,
and calling upon the Service Provider to show cause, in writing within fourteen (14) days of
receipt of the written notice why the Employer should not terminate this Contract on the
grounds of the alleged breach(es) of Clause 6.4.1 of this contract;
(b) withholds all payments due
(c) terminate this Contract by notice in writing to the Service Provider, if the Service
Provider fails to respond to the Employer’s written notice within the prescribed time, or
fails, in his written response, to satisfy the Employer that this opinion is unfounded.
Provided always that such termination shall not prejudice or affect any right of action
or remedy, which shall have accrued or shall accrue thereafter to the Employer.
7. SERVICE PROVIDER’S PERSONNEL
7.1 Provision of Personnel
7.1.1 The Service Provider shall provide appropriate Personnel for such time periods as required in
terms of the Contract and shall enter all data pertaining to Personnel including titles, job
descriptions, qualifications and estimated periods of engagement on the performance of the
Services in the Personnel Schedule.
7.1.2 The Services shall be performed by the Personnel listed in the Personnel Schedule for the
periods of time indicated therein. The Service Provider may, subject to the approval of the
Employer, make such adjustments to the data provided in terms of Clause 7.1.1 above as may
be appropriate to ensure the efficient performance of the Services, provided that the
adjustments will not cause payments to exceed any limit placed on the Contract Price.
7.1.3 The Service Provider shall:
a) forward to the Employer for approval, within 15 days of the award of the Contract, the
Personnel Schedule and a timetable for the placement of Personnel.
b) inform the Employer of the date of commencement and departure of each member of
Personnel during the course of the Project.
c) submit to the Employer for his approval a timely request for any proposed change to
Personnel, or timetables.
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7.2 Staff and equipment
7.2.1 The Service Provider shall employ and provide all qualified and experienced Personnel
required to perform the Services.
7.2.2 Where required in terms of the Contract, the Service Provider shall provide Key Persons as
listed in the Contract Data to perform specific duties. If at any time, a particular Key Person
cannot be made available, the Service Provider may engage a replacement who is equally or
better qualified to perform the stated duty, subject to the Employer’s approval, which approval
shall not be unreasonably withheld.
7.2.3 Where the Service Provider proposes to utilise a person not named in the Personnel
Schedule, he shall submit the name, relevant qualifications and experience of the proposed
replacement person to the Employer for approval. Should the Employer not object in writing
within 10 days of receipt of such notification, the replacement shall be deemed to have been
approved by the Employer.
7.2.4 Where the fees for the Services are time-based, the fee payable for a person provided as a
replacement shall not exceed that which would have been payable to the person replaced.
7.2.5 Except in the case of replacement resulting from death or where the Employer requests a
replacement not provided for by the Contract, the Service Provider shall bear all additional
costs arising out of or incidental to such replacement.
7.2.6 The Service Provider shall take all measures necessary and shall provide all materials and
equipment necessary to enable Personnel to perform their duties in an efficient manner.
7.3 Working hours, overtime and leave
Where the fee for the Services are time-based, working hours, leave entitlement and holidays
for Personnel provided in terms of Clause 7 are to be as stated in the Contract Data, or, if not
stated, to be determined by the Service Provider. The Employer will not be responsible for
overtime payments to Personnel unless so specifically provided for in the Pricing Schedule.
8. COMMENCEMENT, COMPLETION, MODIFICATION SUSPENSION AND TERMINATION OF
THE CONTRACT
8.1 Commencement
The Contract shall come into effect on the date that it is signed by both Parties or such later
date as may be stated in the Contract Data. The Service Provider shall commence the
performance of the Services within thirty (30) days after the date that the Contract becomes
effective, or such date as may be specified in the Contract Data.
8.2 Completion
8.2.1 Unless terminated in terms of the Contract, or otherwise specified in the Contract Data, the
Contract shall be concluded when the Service Provider has completed all Deliverables in
accordance with the Scope of Work.
8.2.2 The Service Provider, may request an extension to the Period of Performance if he is or will be
delayed in completing the Contract by any of the following causes:
a) variations to Services ordered by the Employer.
b) failure of the Employer to fulfil his obligations under the Contract.
c) any delay in the performance of the Services which is not due to the Service
Provider’s default.
d) Force Majeure
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8.2.3 The Service Provider shall within 14 days of becoming aware that a delay may occur, notify
the Employer of his intention to make a request for the extension of the Period of Performance
to which he considers himself entitled and shall within 30 days thereafter deliver to the
Employer full and detailed particulars of the request, in order that it may be investigated at the
time.
8.2.4 The Employer shall, within 30 days of receipt of a detailed request, grant such extension to the
Period of Performance as may be justified, either prospectively or retrospectively, or inform the
Service Provider that he is not entitled to an extension. Should the Service Provider find the
decision of the Employer to be unacceptable he shall, nevertheless, abide by such decision in
the performance of the services and the matter shall be dealt with as a dispute in terms of
Clause 12.
8.3 Force Majeure
8.3.1 In this clause “Force Majeure” means an exceptional event or circumstance: (a)
which is beyond party’s control,
(b) which such a party could not reasonably have provided against before entering into
the Contract,
(c) which, having arisen, such Party could not reasonably have avoided or overcome,
and
(d) which is not substantially attributable to the other Party
Force Majeure may include, but is not limited to, exceptional events or circumstances of the
kind listed below;
(i) natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity
(ii) war, hostilities (whether war to be declared or not), invasion, act of foreign enemies,
(iii) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,
(iv) riot, commotion, disorder, strike or lockout by persons other than the Service
Provider’s Personnel or other employees of the Service Provider and Sub-contractors,
An event or circumstance which is attributable to a wilful act, neglect or failure to take
reasonable precautions by the affected party, his employees agents, subcontractors or others
shall, under no circumstances, be considered Force Majeure.
8.3.2 The failure of a Party to fulfil any of its obligations under the Contract shall not be considered
to be a breach of, or default under, this Contract insofar as such inability arises from an event
of Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures in order to meet the terms and
conditions of this Contract, and has notified the other Party within 10 days of its occurrence
and within a reasonable time of its estimated duration and consequences. Failure to so notify
shall terminate that Party’s right to release from his obligations.
8.3.3 In the event that the performance of the Services has to be suspended on the grounds of
Force Majeure, the time for completion shall be extended by the extent of the delay plus a
reasonable period for the resumption of work or, if the speed of performing certain Services
has to be reduced, the time for their completion shall be extended as may be necessary in the
circumstances.
8.3.4 During the period of his inability to perform the Services as a result of an event of Force
Majeure, the Service Provider shall be entitled to continue to be paid under the terms of the
Contract and shall be reimbursed for additional costs reasonably and necessarily incurred by
him in suspending, delaying and re-activating the performance of the Services.
8.3.5 If the Force Majeure event continues for more than 90 (ninety) days, either Party shall have
the right to terminate this Contract with immediate affect.
8.4 Termination
8.4.1 The Employer may in addition to his rights under sub-clauses 6.4.2, 6.4.3 and 10.5 terminate
the Contract by giving not less than thirty (30) days written notice thereof to the Service
Provider after the occurrence of any of the following events:
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a) if the Service Provider does not remedy a failure in the performance of his obligations under
the Contract within thirty (30) days after having been notified thereof, or within any further
period as the Employer may have subsequently approved in writing;
b) if the Service Provider becomes insolvent or bankrupt; or
c) if, as the result of Force Majeure, the Service Provider is unable to perform a material
portion of the Services for a period of not less than sixty (60) days; (d) commission of an
offence in terms of clauses 6.1 and 6.4.
Upon delivery of such notice by the Service Provider he shall immediately vacate the site and
deliver to the Employer all drawings, documents and papers relating to the Services and shall
within fourteen (14) days after the date of termination submit an account for the Services
satisfactorily performed prior to the date of notice. The Employer shall not be liable to the
Service Provider for any loss of profit or damages suffered as a result of cancellation of the
contract as contemplated in this clause.
8.4.2 The Service Provider may terminate the Contract, by giving not less than thirty (30) days
written notice to the Employer after the occurrence of any of the following events:
a) if the Employer fails to pay any monies due to the Service Provider in terms of the Contract
and not subject to dispute pursuant to Clause 12 within forty-five (45) days after receiving
written notice from the Service Provider that such payment is overdue; or
b) if, as the result of Force Majeure, the Service Provider is unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
c) when the Services have been suspended under Clause 8.5 and the period of suspension
exceeds 6 months, or it is clear to the Service Provider that it will be impossible or
impractical to resume the suspended Services before the period of suspension has
exceeded 6 months; or
d) if the Employer is in material breach of a term of the Contract and fails to rectify such breach
within 30 days of the receipt of written notice requiring him to do so.
8.4.3 Upon termination of this Contract pursuant to Clauses 8.4.1 or 8.4.2, the Employer shall make
the following payments to the Service Provider:
a) remuneration in terms of the Contract for Services satisfactorily performed prior to the
effective date of termination less any costs arising from termination.
b) except in the case of termination pursuant to events (a) and (b) of Clause 8.4.1,
reimbursement of any reasonable cost incident to the prompt and orderly termination of the
Contract.
8.4.4 Should the Service Provider, being an individual or the last surviving principal of a partnership
or body corporate, die or be prevented by illness or any other circumstances beyond his
control from performing the obligations implied by the Contract, the Contract shall be
terminated without prejudice to the accrued rights or either Party against the other.
8.4.5 Where required in terms of the contract data the surety delivered by the Service Provider in
terms of this Contract shall remain in force until the completion of the project.
8.5 Suspension
8.5.1 The Employer may temporarily suspend all or part of the Services by notice to the Service
Provider who shall immediately make arrangements to stop the performance of the Services
and minimise further expenditure.
8.5.2 When Services are suspended, the Service Provider shall be entitled to pro-rata payment for
the Services carried out and reimbursement of all reasonable cost incident to the prompt and
orderly suspension of the Contract.
8.6 Rights and liabilities of the Parties
Completion, suspension or termination of the Contract shall not prejudice or affect the accrued
rights or liabilities of the Parties.
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9. OWNERSHIP OF DOCUMENTS AND COPYRIGHT
9.1 Copyright of all documents prepared by the Service Provider in accordance with the relevant
provisions of the copyright Act (Act 98 of 1978) relating to Project shall be vested in the party
named in the Contract Data. Where copyright is vested in the Service Provider, the Employer
shall be entitled to use the documents or copy them only for the purposes for which they are
intended in regard to the Project and need not obtain the Service Provider’s permission to copy
for such use. Where copyright is vested in the Employer, the Service Provider shall not be liable
in any way for the use of any of the information other than as originally intended for the Project
and the Employer hereby indemnifies the Service Provider against any claim which may be made
against him by any party arising from the use of such documentation for other purposes.
9.2 The ownership of data and factual information collected by the Service Provider and paid for by
the Employer shall, after payment by the Employer, lie with the Employer.
9.3 The Employer shall have no right to use any documents prepared by the Service Provider whilst
the payment of any fees and expenses due to the Service Provider in terms of the Contract is
overdue.
10. SUCCESSION AND ASSIGNMENT
10.1 Except as defined in Clause 8.4.4 above, each Party binds itself and its partners, successors,
executors, administrators, assigns and legal representatives to the other Party and to the other
partners, successors, executors, administrators, assigns and legal representatives of the other
Party in respect of all obligations and liabilities of the Contract.
10.2 An assignment shall be valid only if it is a written agreement, by which the Parties transfer their
rights and obligations under the Contract, or part thereof, to others.
10.3 The Service Provider shall not, without the prior written consent of the Employer, assign the
Contract or any part thereof, or any benefit or interest there under, except in the following cases:
(a) by a charge in favour of the Service Provider’s bankers of any monies due or to become
due under the Contract; or
(b) by assignment to the Service Provider’s insurers of the Service Provider’s right to obtain
relief against any other person liable in cases where the insurers have discharged the
Service Provider’s loss or liability.
10.4 The approval of an assignment by the Employer shall not relieve the Service Provider of his
obligations for the part of the Contract already performed or the part not assigned.
10.5 If the Service Provider has assigned his Contract or part thereof without authorization, the
Employer may forthwith terminate the Contract.
11. SUB-CONTRACTING
11.1 A sub-contract shall be valid only if it is a written agreement by which the Service Provider
entrusts performance of a part of the Services to others.
11.2 The Service Provider shall not sub-contract to nor engage a Sub-contractor to perform any part of
the Services without the prior written authorization of the Employer. The services to be sub-
contracted and the identity of the Sub-contractor shall be notified to the Employer. The Employer
shall, within 14 days of receipt of the notification and a full motivation why such services are to be
sub-contracted, notify the Service Provider of his decision, stating reasons, should he withhold
such authorization, failing which the Sub-contractor shall be deemed to be approved by the
Employer. If the Service Provider enters into a sub-contract with a Subcontractor without prior
approval, the Employer may forthwith terminate the Contract.
11.3 The Employer shall have no contractual relationships with Sub-contractors. However, if a
Subcontractor is found by the Employer to be incompetent, the Employer may request the
Service Provider either to provide a Sub-contractor with qualifications and experience acceptable
to the Employer as a replacement, or to resume the performance of the relevant part of the
Services himself.
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11.4 The Service Provider shall advise the Employer without delay of the variation or termination of
any sub-contract for performance of all or part of the Services.
11.5 The Service Provider shall be responsible for the acts, defaults and negligence of Subcontractors
and their agents or employees in the performance of the Services, as if they were the acts,
defaults or negligence of the Service Provider, his agents or employees. Approval by the
Employer of the sub-contracting of any part of the Contract or of the engagement by the Service
Provider of Sub-contractors to perform any part of the Services shall not relieve the Service
Provider of any of his obligations under the Contract.
12. RESOLUTION OF DISPUTES
12.1 Settlement
12.1.1 Any dispute between the Parties shall arise by either party presenting to the other in writing
the nature of the dispute and the facts to be dealt with. The Parties shall negotiate in good
faith with a view to settling any dispute or claim arising out of or relating to the Contract and
may not initiate any further proceedings until either Party has, by written notice to the other,
declared that such negotiations have failed.
12.1.2 Any dispute or claim arising out of or relating to the Contract which cannot be settled between
the Parties shall in the first instance be referred by the Parties to either mediation or
adjudication as provided for in the Contract Data.
12.2 Mediation
12.2.1 If the Contract Data does not provide for dispute resolution by adjudication, not earlier than
ten working days after having advised the other Party, in terms of Clause 12.1, that
negotiations in regard to a dispute have failed, an aggrieved Party may require that the
dispute be referred, without legal representation, to mediation by a single mediator. The
mediator shall be selected by agreement between the Parties, or, failing such agreement, by
the person named for this purpose in the Contract Data. The costs of the mediation shall be
borne equally by the Parties.
12.2.2 The mediator shall convene a hearing of the Parties and may hold separate discussions with
any Party and shall assist the Parties in reaching a mutually acceptable settlement of their
differences through means of reconciliation, interpretation, clarification, suggestion and
advice. The Parties shall record such agreement in writing and thereafter they shall be
bound by such agreement.
12.2.3 The mediator is authorised to end the mediation process whenever in his opinion further
efforts at mediation would not contribute to a resolution of the dispute between the Parties
and shall do so, if after a period of ninety days from entering into the mediation process, no
resolution has been achieved.
12.2.4 If either Party is dissatisfied with the opinion expressed by the mediator or should the mediation
fail, then such Party may require that the dispute be referred to arbitration or litigation in a
competent civil court, as provided for in the Contract Data; provided that the dissatisfied Party
notifies the other in writing within 28 Days of mediator’s decision being issued or the mediator
declaring the mediation to have ended, as provided for in the Contract Data. Claims not brought
within the time periods set out herein will be deemed to be waived.
12.3 Adjudication
12.3.1 If the Contract Data does not provide for dispute resolution by mediation, an aggrieved Party
may refer the dispute to adjudication. Adjudication shall be in accordance with the latest
edition of the separately published CIDB Adjudication Procedures.
12.3.2 The adjudicator shall be appointed in terms of the Adjudicator’s Agreement bound in the
Construction Industry Development Board’s Adjudication Procedure.
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12.3.2 The Adjudicator shall be any person agreed to by the parties or, failing such agreement, shall
be nominated by the person named in the Contract Data. The Adjudicator shall be appointed
in accordance with the Adjudicator’s Agreement contained in the CIDB Adjudication
Procedure.
12.3.3 If a Party is dissatisfied with the decision of the Adjudicator, the Party may give the other Party
written notice of dissatisfaction within 28 days of the receipt of that decision and refer the
dispute to arbitration or litigation in a competent civil court as provided for in the Contract Data.
If notice of dissatisfaction is not given within the specified time, the decision shall be final and
binding on the Parties.
12.4 Arbitration
12.4.1 Arbitration, where provided for in the Contract Data, shall be by a single arbitrator in
accordance with the provisions of the Arbitration Act of 1965 as amended and shall be
conducted in accordance with such procedure as may be agreed between the Parties or,
failing such agreement, in accordance with the Rules for the Conduct of Arbitrations, current at
the date of the contract, published by the Association or Arbitrators.
12.4.2 The arbitrator shall be mutually agreed upon or, failing agreement, to be nominated by the
person named in the Contract Data.
13. LIABILITY
13.1 Liability of the Service Provider
13.1.1 The Service Provider shall be liable to the Employer arising out of or in connection with the
Contract if a breach of Clause 5.1 is established against him.
13.1.2 The Service Provider shall correct a Defect on becoming aware of it. If the Service Provider
does not correct a Defect within a reasonable time and the Defect arose from a failure of the
Service Provider to comply with his obligation to provide the Services, the Service Provider
shall pay to the Employer the amount which the latter assesses as being the cost of having
such Defect corrected by Others.
13.2 Liability of the Employer
The Employer shall be liable to the Service Provider arising out of or in connection with the
Contract if a breach of an obligation of his in terms of the Contract is established. The Service
Provider shall have no separate delictual right of action against the Employer.
13.3 Compensation
If it is established that either Party is liable to the other, compensation shall be payable only on
the following terms:
(a) Compensation shall be limited to the amount of reasonably foreseeable loss and
damage suffered as a result of the breach.
(b) The compensation payable by either Party shall be reduced by the
arbitrator/mediator/adjudicator to such extent as is deemed just and equitable having
regard to the degree in which the other Party or any third party was at fault in relation to
the loss or damage. The liability of the Parties is not joint and each Party shall only be
liable for that proportion of the compensation which is attributable to his fault.
(c) In any event, the amount of compensation will be limited to the amount specified in
Clause 13.5.
13.4 Duration of Liability
Notwithstanding the terms of the Prescription Act No. 68 of 1939 (as amended) or any other
applicable statute of limitation neither the Employer nor the Service Provider shall be held
liable for any loss or damage resulting from any occurrence unless a claim is formally made
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within the period stated in the Contract Data or, where no such period is stated, within a
period of three years from the date of termination or completion of the Contract.
13.5 Limit of Compensation
13.5.1 The maximum amount of compensation payable by either Party to the other in respect of
liability under the Contract is limited to:
a) the sum insured in terms of 5.4. in respect of insurable event; and
b) the sum stated in the Contract Data or, where no such amount is stated, to an amount equal
to twice the Contract Price (inclusive of VAT) payable to the Service Provider under the
Contract.
13.5.2 Each Party agrees to waive all claims against the other insofar as the aggregate of
compensation which might otherwise be payable exceeds the aforesaid maximum amount
payable.
13.5.3 If either Party makes a claim for compensation against the other Party and this is not
established, the claimant shall reimburse the other for his reasonable costs incurred as a
result of the claim or if proceedings are initiated in terms of Clause 12 for such costs as may
be awarded.
13.6 Indemnity by the Employer
The Employer shall indemnify the Service Provider against all claims by third parties which
arise out of or in connection with the performance of the Services save to the extent that such
claims do not in the aggregate exceed the limit of compensation in Clause 13.5 or are covered
by the insurances arranged under the terms of Clause 5.4.
13.7 Exceptions
13.7.1 Clauses 13.5 and 13.6 shall not apply to claims arising from deliberate misconduct.
13.7.2 The Service Provider shall have no liability whatsoever for actions, claims, losses or damages
occasioned by:
a) the Employer omitting to act on any recommendation, or overriding any act, decision or
recommendation, of the Service Provider, or requiring the Service Provider to implement a
decision or recommendation with which the Service Provider disagrees or on which he
expresses a serious reservation; or
b) the improper execution of the Service Provider’s instructions by agents, employees or
independent contractors of the Employer.
14. REMUNERATION AND REIMBURSEMENT OF SERVICE PROVIDER
The Employer shall remunerate and reimburse the Service Provider for the performance of the
Services as set out in the Pricing Data and Scope of Works. If not otherwise stated in the
Pricing Data, the following shall apply:
14.1 The Service Provider shall be entitled to render interim monthly accounts for fees and
reimbursements throughout the duration of the Contract. Interim amounts of lump sum fees due
(or any specified fixed-progressed payments due that have been delayed by the acts of the
Employer) shall be based on progress.
14.2 Amounts due to the Service Provider shall be paid by the Employer within thirty (30) days of
receipt by him of the relevant invoices. If the Service Provider does not receive payment by the
due date, he shall be entitled to charge interest on the unpaid amount, which is payable by the
Employer, at the overdraft rate charged him by his bank plus 2% per annum, compounded
monthly and calculated from the due date of payment.
14.3 If any item or part of an item in an invoice submitted by the Service Provider is disputed by the
Employer, the latter shall, before the due date of payment, give notice thereof with reasons to the
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Service Provider, but shall not delay payment of the balance of the invoice. Clause 14.2 shall
apply to disputed amounts which are finally determined to be payable to the Service Provider.
14.4 In respect of Services charged for on a time basis and all other reimbursable expenses the
Service Provider shall maintain records in support of such charges and expenses for a period of
six months after the completion or termination of the Contract. Within this period the Employer
may, on not less than 14 days notice, require that a reputable and independent firm of
accountants, nominated by him at his expense, audit any claims made by the Service Provider
for time charges and expenses by attending during normal working hours at the office where the
records are maintained.
14.5 All accounts presented for payment shall be according to the Employers prescribed format.
14.6 Payments due shall be subject to the deduction of retention monies as stated in the Contract
Data. The retention monies so deducted shall be released in accordance with the phases and
conditions stated in the Contract Data.
14.7 If applicable, Contract Price Adjustment will be paid according to the method stated in the
Contract Data.
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C1.2.2 CONTRACT DATA: INFORMATION PROVIDED BY THE EMPLOYER
Clause No Contract Data
1 The Employer is Department of Roads and Transport
The Employer’s domicilium citandi et executandi (permanent physical business
address) is:
41 Simmonds Street
Sage Life Building, 8th Floor, North Tower
Johannesburg,
The authorised and designated representative of the Employer is:
Name: Mr. Adetayo Kuju
3.4 The address for receipt of communications is:
Telephone: 012 310 2371
Address: 1215 Nico Smith Street
Koedoespoort
Pretoria,
3.5 The project is Consulting Engineering, Construction Mentor & Safety Agent
Services for the Management and Supervision of the Routine Road Maintenance
of RISFSA Class 5&6 Roads: VEREENIGING Region Gauteng Province
The location for the performance of the Project is in the VEREENIGING Region of
Gauteng.
3.6 The Service Provider may only release public or media statements or publish material
related to the Services or Project subject to the approval of the Employer.
3.11.1 The penalty payable is R5000.00 per day subject to a maximum amount of R60,000.00 per
month
3.14 The programme shall be submitted within 14 days of the award of the Contract.
5.4 The Service Provider is required to provide the Service with all reasonable care,
diligence and skill in accordance with generally accepted professional techniques and
standards.
The Service Provider is required to provide the following insurances:
1. Insurance against Professional indemnity
Cover is: R 2 250 000.00
Period of cover: Structures – 25 years: all other instances – 10 years
2. Insurance against general public liability Cover is: R 10 million
Period of cover: Structures – 25 years: all other instances – 10 years
3. Third Party Liability
Cover is: R 2 250 000.00
Period of cover: Duration of contract only.
5.5 The Service Provider is required to obtain the Employer’s prior approval in writing before
taking any of the following actions:
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1. Appointing Key Personnel not listed by name in the Contract Data.
2. Appointing sub-contractors for the performance of any part of the Service.
3. Expending any Provisional Sum in the Contract or Works Contract.
4. Authorising any work under a Variation Order for the Works Contract.
5. Over-expenditure on the Works Contract.
6. Changing the scope of work for the Works Contract.
7. Acceptance of sub-standard work under the Works Contract.
8. Making statements to the media regarding the project.
5.9 The provision of a Performance Guarantee will not be required under this Contract.
7.2 The Key Persons required for this project are:
The Engineer
Construction Mentor
Route Manager
Assistant Route Manager
Safety Agent
7.3 The working hours and holiday for site staff are:
• Site working hours
• Annual leave shall be taken during the recognized construction industry shutdown
period.
8.1 The time to commence the performance of the Services is within 30 days after the date
that the Contract becomes effective.
8.2 The Contract is concluded on the date when the Service Provider has completed all
deliverables in accordance with the Scope of Work. (3 years)
9.1 Copyright of documents prepared for the Project shall be vested with the Employer.
12. Interim settlement of disputes is to be by mediation.
Final settlement is by litigation.
In the event that the parties fail to agree on a mediator, the mediator is to be nominated by
the President of the South African Institution of Civil Engineering.
13.4 Neither the Employer nor the Service Provider is liable for any loss or damage resulting
from any occurrence unless a claim is formally made within 36 months from the date of
termination or completion of the Contract.
13.5 The maximum amount of compensation payable by either Party to the other in respect of
liability under the Contract is limited to R 2 250 000.00
14.6 Retention monies shall be 10% of the value of completed works up to a maximum of R
60 000.00 (excluding VAT). Such retention monies shall be released by the Employer
as follows:
• 60% on receipt of approved draft Contract Report and As-built material records and
drawings within 3 (three) months of issue of the Taking-over Certificates of the
Works Contract.
• 40% on receipt of approved final copies of the above within 1 (one) month of the
issue of the Performance Certificate for the Works Contract.
14.7 Contract Price Adjustment: refer to pricing instructions in clause C2.1.6 of the pricing
schedule. Base date shall be the date 28 days prior to the latest date for submission of
tenders. Base date for this contract is January 2017 .
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C1.2.3 CONTRACT DATA: INFORMATION PROVIDED BY THE TENDERER
The Service Provider is ..............................................................................................................
The Services required of the Service Provider are divided into the following distinct phases:
• Road Condition Report.
• Administration and monitoring of the Works for a period of three years.
C3.1.4 Project Cost Estimate
The final cost of the Works will, however, depend on the strategy selected by the Employer based on
the most appropriate and cost effective options identified by the Service Provider during the design
phase. Tenderers shall note that no adjustments to any pay items as tendered will be applicable
irrespective of the actual final cost of the Works.
C3.1.5 Permits and authorisations
Procurement of sub-service providers shall be in accordance with the requirements of clause C3.1.12.
As approvals are essential prior to the commencement of the Works, the Service Provider shall be
responsible to ensure that all submissions to the relevant approving authorities is completed by the
milestone date tabled in clause C3.1.7.
C3.1.6 Project Programme
The Service Provider shall programme its duties in such a manner so as to complete the various phases
of the total project within the milestone dates specified below.
The Employer’s programme for this project is as follows:
Project Phase Phase Completion Date
Class 5 and 6
A Submission of Tenders – Tender closure January 2017
B Appointment of Service Provider 5 weeks after Tender closure
C Submission of Road Condition Report (RCR) Within 3 weeks after appointment of
Service Provider
D Works Contract Handover 1 week after DAC approval
E Submission of final Contract Reports and as-built data
Within 1 month of issue of Performance Certificate for the Works
The Service Provider shall submit a programme indicating these milestones to the Employer within 14
days of the date of the letter of acceptance of tender.
C3.1.7 Penalties and delays
Penalties shall be applied for each calendar day by which the Service Provider fails to meet the
prescribed dates for submission of the required Road Condition Report, Tender Documentation for the
Works or Tender Evaluation Report. The quantum of the penalty shall be as listed in the Contract Data.
Draft reports and documents shall be submitted to the Employer at least seven working days prior to
any meetings scheduled for the discussion and finalisation thereof. The Service Provider shall thus take
this period into account in compiling their programme.
Any delays to the above programme that are attributable to the Employer, or to other approved
mitigating circumstances, will not be subject to penalties. In the event of such instances arising, any
extensions of time granted shall be limited to the equivalent number of calendar days attributable to
each instance.
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C3.1.8 Key Personnel
The key personnel required for this project are listed in Form C1.2.2 Contract Data: Information
provided by the Employer. The tenderer must list proposed candidates for the prescribed positions in
the core team in Form C1.2.3 Contract Data: Information provided by the Tenderer and each candidate
(except for the clerical assistant) must complete the relevant B1 and B2 forms included in the
Returnable Schedules. An individual may be proposed to carry out a number of functions, in which
instance, however, a separate form is to be completed for each separate function proposed. The
weighting of the points assigned to the Technical Proposal indicates the importance of the quality and
standard of engineering and administration expected of the Service Provider. Any changes to the key
personnel, as proposed in this tender, after award will thus only be permitted in exceptional
circumstances. In such circumstances any replacement personnel shall be of similar competence and
experience as those offered in the Technical Proposal.
C3.1.9 Progress/Report meetings
The Service Provider shall meet with the Employer as and when instructed by the Employer to discuss
and minute the progress of the Services. The Service Provider shall also submit draft copies of all
design documents for review and discussion prior to their finalisation.
The Service Provider shall also submit any reports regarding collected pavement and bridge condition
data as well as traffic data, extent of the road (length) and bridge (number) network, maintenance needs
of the road and bridge network, length of routine and emergency maintenance work, change in network
condition distribution over time due to prioritised maintenance actions, number of EPWP work
opportunities created, number of students provided with experiential internships, number of emerging
contractor opportunities created, rehabilitation and repair of roads and bridges damaged by floods,
training, empowerment, capacity building, small contractor development, labour and staff returns and any
such aspects as may be required by the Employer.
C3.1.10 Safety
The Service provider shall on award of the contract become the Employer’s Agent in terms of
Construction Regulation 5, 2014. The duties and responsibilities as the Client’s Safety Agent are as
prescribed in Construction Regulation 5, 2014 in its entirety.
For purposes of clarity, the Service Provider must be aware that typically the duties involve the following:
a) Design Phase
The Service Provider must identify elements of the design that are inherently dangerous or hazardous
during the construction phase and design in such a manner as to mitigate or eliminate the risk where
possible. This duty of identification continues into the construction phase of the project regardless that
the designer may not be monitoring the construction phase. All identified dangers/hazards are to be
listed and brought to the attention of potential contractors by way of notification on the tender and
contract drawings, or separately listed in the tender/contract documents.
For example, staging for bridge decks or sharing of unstable excavations is the designer’s responsibility
to identify and notify of the health and safety risk. It is also the designer’s responsibility to undertake
inspections at critical phases of construction to ensure that the identified risks are continuously and
appropriately mitigated.
b) Construction Phase
During the construction phase the supervising Service Provider must ensure that the Employer’s duties
are continuously fulfilled, meaning that the Service Provider has to include amongst its permanent
monitoring staff a competent person. In addition the Service Provider must conduct monthly internal
audits to ensure the site personnel are adhering to the statutory requirements. Costs for performing this
duty are recoverable via the rate offered for this scheduled item of work.
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The Employer may order external audits the costs of which are separately recoverable as a disbursement
to the specialist sub-service provider selected to conduct the audits.
Furthermore, the Service Provider must, in compliance with Section 24 of the Occupational Health and
Safety Act (Act 85 of 1993) report immediately to the Employer’s Health and Safety Officer and the
relevant Project Manager the details of a Section 24 incident, including confirmation that the Contractor
has similarly reported the same incident directly to the Department of Labour.
NOTE: The above duties shall not be interpreted as being exhaustive and if any conflict between them
and the legislated Construction Regulation arises, the latter shall rule.
C3.1.11 Procedure for procurement of sub-service providers
Provisional sums have been provided in the pricing schedule if work is required to be undertaken by
external sub-service providers. Procurement of such services, or any other services that may be
required (e.g. survey service etc.) shall be undertaken by means of a quotation/tender process. The
Service Provider shall compile and issue relevant and approved terms of reference, together with the
relevant work/pricing schedules, in accordance with the Employer’s standard procurement policies to all
potential sub-service providers who shall submit their quotations/tenders, in a sealed envelope, directly
to the Employer's regional office by the date and time agreed. If deemed necessary, quotations/tenders
will be opened in public. The Service Provider shall analyse all quotations/tenders received and submit
recommendations to the Employer for approval prior to the appointment of any sub-service provider.
Once approved, the Service Provider shall enter into an agreement with the sub-service provider with a
copy of same submitted to the Employer. The handling fee tendered for any such Provisional Sums
shall include all costs associated with compiling the procurement documentation and selecting the sub-
service provider.
C3.1.12 Labour-intensive works
1. The Consultant shall not perform any significant portion of a project involving labour intensive works under the direction of a staff member who has not completed the NQF level 7 unit standard "Develop and Promote Labour Intensive Construction Strategies"
2. The staff member of the consultant who is responsible for the administration of any works contract involving labour intensive works must have completed the NQF level 5 unit standard "Manage Labour Intensive Construction Projects"
3 The Consultant must provide the Employer with satisfactory evidence that staff members satisfy the
requirements of 1 and 2.
4 The Consultant must design and implement the construction works in accordance with the Guidelines for the Implementation of the Labour Intensive Projects under the Expanded Public Works Programme (the Guidelines) published by the National Department of Public Works.
5 The Consultant shall, for monitoring purposes, keep monthly records of and transmit to the Client data obtained from the contractor on the following indicators with regard to workers employed:
Project budget
Actual Project Expenditure
Number of job opportunities created
Demographics of workers employed (disaggregated by women, youth and persons with disabilities)
Minimum day-task wage rate earned on project
Number of person-days of employment created
Number of persons who have attended a standard EPWP 10 day accredited training course
The definitions for these indicators are contained in Annexure D of the latest edition of the Guidelines for the Implementation of Labour-Intensive Infrastructure Projects under the Expanded Public Works Programme (EPWP). The values for the indicators shall be submitted to the Employer on the prescribed reporting template 6 The Consultant shall certify that the works have been completed in accordance with the requirements of the Guidelines and the Contract:
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a) whenever a payment certificate is presented to the Employer for payment; and b) immediately after the issuing of a practical completion certificate that signifies that the whole of the works have reached a state of readiness for occupation or use for the purposes intended although some minor work may be outstanding.
Compliance with the requirements of the Employer’s Site Management System. This
document will be amended to incorporate any changes necessitated by the Employer
changing over to a different management system.
xxiii) Assisting the Contractor with compilation of the pre-qualification/sub-contract tender
documents. Attending sub-contractor’s pre-qualification and tenderers meetings, keeping
minutes of such meetings and correspond with interested and affected parties as and when
required. Assisting the Contractor regarding SME and BE tender process and evaluation
thereof.
xxiv) Supervise, coordinate and certify as correct the timeous completion of the Road Safety
Engineering Assessments of the entire length of the contract.
xxv) Coordinate the identification of hazardous locations.
xxvi) Compile Road Safety Investigation Reports with appropriate remedial measures for hazardous
locations agreed upon with the Employer
xxvii) The Engineer will be required to be on site for a full day once per week, except for the week in
which the site meeting and inspection takes place.
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(b) Head office administration
The Service Provider shall supply sufficient head office administrative support to the site personnel to
ensure efficient and timeous administration of the Works Contract.
(c) Occupational Health and Safety obligations
The Service Provider shall execute the duties of the employer, as his appointed agent, as contemplated
in the Construction Regulations (2014) to the Occupational Health and Safety Act (Act No. 85 of 1993).
The Service provider shall arrange, formally and in writing, for the Works Contractor to provide
documentary evidence of compliance with all the requirements of the said Act. The Service Provider
shall also carry out regular site audits to ensure compliance thereto. Should the Service Provider not
have “in house” capacity to undertake such duties, an external recognized specialist shall be appointed.
Provision for payment for all OHS obligations during the construction phase has been included in the
Pricing Schedule.
C3.5.4 Contract Documents for the Works
The Employer shall prepare documents for signature.
C3.5.5 Establishment of supervisory team on site
(a) Core supervisory team
The Service Provider shall be required to provide a team on site to monitor, administer and measure the Works in accordance with the requirements of the Works Contract, Employer’s standard requirements and industry good practice. Furthermore, the staff member (Route Manger) of the Service Provider who is responsible for the administration of any works contract involving labour intensive works must have completed the NQF level 5 unit standard
The Service Provider shall also be required to provide SACPCMP Registered Construction Mentor who
shall be responsible for evaluation & assessment of Learner Contractor’s skills, identification of the
Learner Contractor’s shortcomings and provision of suitable relevant professional advice and support to
address these shortcomings thereby achieving programme objectives of contractor development. As such
tenderers who fail to comply with requirements stated in terms of Construction Mentor shall be
disqualified
Provision has been made in the Pricing Schedule for the envisaged staffing requirement. The
establishment of such staff shall however be subject to the approval of the Employer. For the
envisaged scope of the Works, the core supervisory team will consist of the following:
i) Route Manager
ii) Construction Mentor
iii) Assistant Route Manager
iv) Public Liaison Officer
v) Clerical assistant
The competence and experience of the tenderer's proposed core personnel shall form part of the
Employer’s tender evaluation process (except for the clerical assistant). On acceptance of their tender
by the Employer, the Service Provider shall not be permitted to offer alternative core personnel unless
such alternative offer is as a result of a genuine unforeseen circumstance. In such event, the Employer
shall only accept alternative personnel possessing at least similar provable capacities and experience to
those persons proposed in the tender.
The Employer shall be entitled to instruct the Service Provider to remove forthwith from the Works any
person employed by the Service Provider on or about the execution of the Works who, in the opinion of
the Employer, misconducts himself or is incompetent or negligent in the proper performance of his
duties, or whose presence on site is otherwise considered by the Employer, on reasonable grounds, to
be undesirable.
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(b) Relocation of site staff
Provision has been made in the Pricing Schedule for the costs to relocate the core supervisory team to
site.
(c) Accommodation
Provision has been made in the Pricing Schedule for the cost of appropriate housing for the core
supervisory team. Any allowances for meals, services etc. shall be deemed to be included in the
monthly rate tendered for the relevant staff.
Accommodation of the site staff shall be located as near to the location of the Site Office as may be
practically possible.
(d) Trainee personnel
A Provisional Sum has also been included in the Pricing Schedule to cover the costs of a
trainee/student on site. The objective is to afford a locally based university or technikon student/s from
the historically disadvantaged group the opportunity to receive experiential training. The appointment of
any such trainees, their length of time on site, as well as the monthly allowance to be paid, shall be
approved by the Employer. The Service Provider shall, if ordered by the Employer, identify any such
local trainees for temporary appointment and implement and monitor appropriate training in accordance
with the tertiary institutions requirements.
(e) Establishment of site office
Provision for the erection and maintenance of a site office building, all related services and supply of
office furniture will be made under the Works Contract. The Service Provider shall however provide all
cell phones, photo copiers, fax machines, personal computers and printers.
C3.5.6 Monitoring of the Works Contract
The Service Provider shall ensure that all the work required under the Works Contract is carried out in
accordance with the specifications and current best practice and shall include effective financial control.
Construction monitoring shall be carried out in a pro-active manner and in accordance with the
Employer’s standard requirements and current best practice.
The Service Provider shall be responsible for the normal duties associated with the management and
supervision of a Works contract, which duties shall, inter alia, include:
- Monitoring and reporting of the Contractor’s programme.
- Mentorship of learner contractors to achieve contractor development goals
- Implement Engineer’s quality control plan.
- Monitor Contractor’s quality control plan.
- Site audits, inspection, quality control testing, approval, rejection of work.
- Measurement and certification of completed work inclusive of cash flow forecasts.
- Regular Site Meetings with Contractor and Employer.
- Monitoring of the Contractor’s third party claims.
- Monitoring and reporting of Contractor’s CPG commitments.
- Supervision of traffic accommodation arrangements.
- Attend public liaison committee meetings.
- Monitoring and reporting of the project’s EMP requirements.
- Implement the Engineers requirements in terms of compliance with the OHS Act.
- Monitor the Contractor’s compliance with the OHS Act.
- Compile all reports and as-built data in accordance with the Employer's standard requirements.
- Report on the Service Provider, Contractor and sub-contractors BEE information as required by
the Employer.
In addition to duties related to the normal day-to-day activities of the Works, the Site Personnel may be
required to assist with the supervision of separate regional road maintenance contracts inter alia, road
marking and road signs. They shall represent the Employer at community forums and local fire
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protection associations when instructed. In addition, they shall be responsible for Statutory Control
functions and Slope Management System as described below:
(a) Statutory Control Functions
The Service Provider shall monitor and record all approvals granted by the Employer for applications
relating to statutory control such as accesses, signs, wayleaves and developments within the building
restriction area. In addition, all damage to the road network and road furniture shall be reported on.
The Service Provider shall not have the power to enforce statutory control but shall report any
infringements to the Employer without delay and, if so required by the Employer, shall act on his behalf.
Some examples are:
• Illegal advertisements
• Illegal trading
• Illegal accesses
• Illegal occupation of road reserve
• Building line transgressions
The Service Provider shall be required to undergo training in respect of statutory control functions.
Training shall be undertaken by the Employer at a place and time to be arranged.
(b) Slope Management System (SMS)
The Site Personnel’s role in the Slope Management System shall be the monitoring of all cuts and fills >
5m as and when required, completion of the slope stability monitoring form provided by the Employer,
scrutinizing the completed forms and in conjunction with the Engineer putting forward recommendations
to the Employer. An example of the slope stability monitoring form is included in Part C4.
C3.5.7 Duties of the Public Liaison Officer
(i) To be available on site daily during normal working hours and at other times as the need
arises. His normal working day and his period of employment will be mutually agreed upon
between the Employer and Engineer.
(ii) To determine, in consultation with the Contractor, the needs of the labour for relevant
training.
(iii) To communicate daily with the Contractor and the Engineer to determine the labour
requirements with regards to numbers and skill, to identify possible labour dispute and to
assist in their resolution.
(iv) To attend all meetings in which the community and/or labour is present or is required to be
represented. In particular he will attend the first part of the monthly/site meeting to report on
the local community labour and SMME involvement.
(v) To inform labour of their conditions of temporary employment and to inform labourers as
early as possible when their period of employment will be terminated.
(vi) To attend disciplinary proceedings to ensure that hearings are fair and reasonable.
(vii) To keep a daily written record of his interviews and project liaison.
(viii) All such other duties as agreed upon between all parties concerned.
C3.5.8 Transport for site supervisory staff and additional services
The Service Provider shall provide sufficient appropriate vehicles on site to carry out the duties as
specified in clause C3.5.6 and C3.5.7 above including materials sampling and testing. The rate
tendered in the Pricing Schedule shall apply to all vehicles irrespective of vehicle type or capacity. Only
travel in the execution of these duties, as well as any other travel necessary as a result of any additional
duties as ordered by the Employer, shall be claimable. Travel costs incurred as a result of week end
travel by site staff to their place of permanent residence shall not be claimable and shall be deemed to
be included in the monthly rate tendered for the relevant site staff. Travel between site staff’s residence
and Site Office shall be deemed as private travel.
Travel log sheets for each vehicle utilised shall be certified by the Engineer and included under cover of
the payment certificates submitted to the Employer. The total kilometres for all travel per calendar
Part C3: Scope of Works C3-15
Reference No. DRT 104 E/10/2016
month for all supervisory staff, including PLO; shall be limited to 10 000 kilometres. Any excess travel
above 10 000 kilometres shall be for the Service Provider’s account.
The kilometre rate for all supervisory staff and PLO travel shall be limited to a Category A and B type
vehicle with a 1800 Engine Volume cc in accordance with the table below.
Schedule of Travel Tariffs (cents per kilometre)
Engine Vol (cc) A B C D
Up to 1400 157 + 7.18 x PP 146 + 8.41 x PP
1401 to 1600 217 + 7.88 x PP 146 + 8.41 x PP
1601 to 1800 245 + 7.88 x PP 159 + 8.41 x PP 302 + 7.88 x PP
1801 to 2000 313 + 7.90 x PP 187 + 8.41 x PP 215 + 8.41 x PP 313 + 7.90 x PP
2001 to 2500 353 + 9.36 x PP 217 + 11.89 x PP 302 + 11.89 x PP 353 + 9.36 x PP
Over 2501 409 + 9.84 x PP 304 + 13.18 x PP 339 + 13.18 x PP 409 + 9.84 x PP
NOTE: “PP” is the lowest octane rating petrol price in Rand, for the month, in the city of the respective
Regional Office. The “PP” rate can be downloaded from the AA website www.aa.co.za on a monthly
basis.
Vehicle Classes
A - Passenger motor cars and station wagons and 4x2 Double Cabs
B - Two wheel drive light delivery vehicle, panel vans and other similar goods vehicles with a carrying
capacity up to one metric ton
C - Four wheel drive light delivery vehicle (single and double cab)
D - Mini busses (up to 15 seater)
C3.5.9 Measurement and payment
Item Unit
35.01 Engineer and Head Office
(a) Cost to fulfil the duties of the Engineer including acting as “Safety Agent” for
the Employer in terms of the Construction Regulations to the OHS Act
8 Provide Surface Water Drain details by referring to the FIG . A (attached ) Definitions ex TRH 18.
8.
1
Upper interceptor drain ? Y N Lined drain? Y N
8.
2
Upper berm or catchwall ? Y N
8.
3
Is slope face benched ? ( No. of benches = ………. ) Y N
Part C4: Site Information C5-25
Reference No. DRT 104 E/10/2016
8.
4 Is there a catch water drain? Y N Lined drain? Y N
8.
5
Is there a side drain ? Y N Lined drain? Y N
8.
6
Are any of the above blocked? Or their catch pits
blocked ?
Y N
9
Width * of Debris Trap at toe of CUT slope ( see FIG. A attached) = .………………….(.m )
NOTE * :-
Including width of Side Drain should it exist.
B. BOULDERS (Cuts mostly)
1. Record the approx .maximum dimension of fallen boulder(s) and ave. shape
(rounded/ cubical ,or rectangular/ sub- angular, or wedge/ slab- like ?) ..……….m
2. Did lumps of cobbles /gravels/soils also come down with the boulder? Matrix type: Yes No If yes, describe
the matrix (clay / gravel etc) and how much? …………....m3
3 . Record where the fallen rock or boulders came to rest?
Toe /Base of cut closest to Shoulder slope closest to In lane slope
lane In opposite On opposite shoulder
4.1 Did it come from the cut slope , or perhaps from the natural slope above the cut slope?
4. 4.2 Approximately when did boulder( s) come down? Date(s ) = ………………. +…………… Cut slope
Natural slope above
C. SLOPE FAILURE (Cut or Fill)
1.
Geology and type of exposed material
Sandstone(S/S) S/S on Shale Shale / MS Dolerite on
Shale/MS
Dolerite
Other soil /rock type / fill ?? :-
2 a) Is it weathered (see Y/N) ; b) Worst type of
rock.?=………………………….(See
Procedures C1 and C2 ) c) Soil washed onto Side Drain/
Road Surface?
Y N
Y N
3 Describe the slope
matrix material
Other ?
…………….
……….…………… ……………………… …………..
Wet / Dry? fine
silt- clay
Wet /D ? sand-
silt
Wet/Dry?
well drained
gravel -sand
Wet /Dry?
Corestones/
Rocks in cobble-
gravelsand-silt-
clay
4 Failure Mode? :- Toppling / Wedge slip / Plane slip / Rotational slip / Surface sloughing only (See attached
FIG. B )
Part C4: Site Information C5-26
Reference No. DRT 104 E/10/2016
5 Are there cracks on the upper slope above the cut slope ,( or on the road if a fill?) If so : -- How long (L ) & wide (W ) are they? -- What is the spacing( S ) between cracks and the average depth (D
) ?
-- How far up the slope are they from the top of cut/ fill slope ? ( Or from fill embankment break point ) ? -- Are they water- filled ?
Y N
L=…………..m W=……….m
S =……….. m D = ………m
……………..m
Y N
6 Any seepage daylighting / exitting the failure surface? ( If localized flows
detected , provide details in D. below )
Y :…….….m
above toe
N
7 In case of an embankment / fill failure (or pending failure ) :-
--- Displacement noticeable at toe of fll?
--- Bulging of slope face visible?
--- Possible deformation /collapse/ opening of joints in S/W culvert
underneath?
--- See C6 above. Any seepage noted via joints or elsewhere in culvert(s)
underneath?
---- Erosion features against slope face ? ( If Y , provide more detail in D.
