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Work Package 3.1b-Tender Document

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0% found this document useful (0 votes)

98 views93 pages

Work Package 3.1b-Tender Document

Uploaded by

mrifsan88

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

INDEPENDENT DEVELOPMENT TRUST

Contract No: IDTMPU-CON-WP3.1B/1DOE PROG

A Tender for Category 6GB or Higher CIDB Registered Contractors

Work Package 3
Conditioned Based Maintenance at Lusushwana Secondary School,
Siphumelele Primary School and Mbalenhle Secondary School

BIDDER’S INFORMATION
(Must be completed by Bidder)

Company Name

Contact Person

CIDB Reg. No.

Cell / Tel Number

Fax Number

E-mail Address

CSD Number

Issued By: Prepared By:

The Independent Development Trust (IDT) SRSQS Quantity Surveyors (Pty) Ltd
30 Brown Street Unit 6, 100 Marshall Street
9th Floor Nedbank Building Polokwane
0699
Nelspruit TEL: (015) 291 1005
1200 FAX: (086) 560 4404
INDEPENDENT DEVELOPMENT TRUST

Contents
Number Heading

The Tender
Part T1: Tendering procedures
T1.1 Tender Notice and Invitation to Tender

T1.2 Tender Data

Part T2: Returnable documents
T2.1 List of Returnable Documents
T2.2 Returnable Schedules

The Contract
Part C1: Agreement and Contract Data
C1.1 Form of Offer and Acceptance
C1.2 Contract Data
C1.3 Construction Guarantee
C1.4 Adjudicators appointment
Part C2: Pricing data
C2.1 Pricing Instructions
C2.2 Activity Schedule or Bills of Quantities
Part C3: Scope of Work
C3 Scope of Work
Part C4: Site information
C4 Site Information
Addenda
INDEPENDENT DEVELOPMENT TRUST

T1.1 Tender Notice and Invitation to Tender

The tenderers should have a CIDB contractor grading of 6GB or higher.

Documents will be available from the 03 March 2023

BID Enquiries relating to the issues of these documents may be addressed to:

Any queries shall be directed in writing to the IDT and shall be

addressed to the contact person/s in the addresses indicated
below;

Name: Mr Sabelo Matu

Email: [email protected] (08h30 – 17h00 weekdays only)
Enquiries Name: Ms Surprise Mthombeni
Email: [email protected] (08h30 – 17h00 weekdays only)

Please note: Enquiries should reach IDT on or before

Monday, 20 March 2023.

Tender documents to be submitted at the tender box of the IDT office:

The Independent Development Trust (IDT)

30 Brown Street
9th Floor Nedbank Building
Nelspruit
1200

Tender T1.1
Part T1: Tendering procedures Request for Quotation
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Marked confidential Quotation and Indicate the Following:

IDTMPU-CON-WP3.1B/1DOE PROG
NAME OF SERVICE PROVIDER
THE BID BOX IS LOCATED AT THE IDT’S MAIN RECEPTION AREA AS PER THE
ADDRESS INDICATED ABOVE

Tender T1.1
Part T1: Tendering procedures Request for Quotation
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
INDEPENDENT DEVELOPMENT TRUST

T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex C of the CIDB
Standard for Uniformity in Construction Procurement. (See www.cidb.org.za) which are reproduced
without amendment or alteration for the convenience of tenderers as an Annex to this Tender Data.

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

The additional conditions of tender are:

Clause
number Tender Data for BID NO: IDTMPU-CON-WP3.1B/1DOE PROG
F.1.1 The employer is the Independent Development Trust, Mpumalanga Region
F.1.2 The tender documents

F.1.4 The employer’s agent is:

Name: SRSQS Quantity Surveyors Pty (Ltd)

Address: Unit 6, 100 Marshall Street, Polokwane, 0699.
Tel: 015 291 1005
Fax: 086 560 4404
E-mail: [email protected]

F.2.1 Only those who are actively registered with the CIDB Grade 6GB or Higher are eligible to submit
tenders.

F.2.7 No compulsory briefing is applicable.

F.2.12 No alternative tender offers will be considered.

F.2.13.3 Parts of each tender offer communicated on paper shall be submitted as one original (i.e. no copies
should be submitted).

F.2.14 The employer’s address for delivery of tender offers and identification details to be shown on each
tender offer package are:

Location of tender box: Physical address: -

The Independent Development Trust (IDT)

30 Brown Street
9th Floor Nedbank Building
Nelspruit
1200

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Identification details:

Project no: BID No: IDTMPU-CON-WP3.1B/1DOE PROG

Title: Conditioned Based Maintenance at Lusushwana Secondary School, Siphumelele Primary

School and Mbalenhle Secondary School

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

Closing date: 27 March 2023

Closing time: 11h00

F.2.15 Telephonic, Telegraphic, Telex, Facsimile or E-mailed tender offers will not be accepted.

F.2.16 The tender offer validity period is 120 (Hundred and Twenty days) days.
‘
The contract duration is 03 Months from date of site handover

F.2.17 The tenderer is required to submit with his tender a Certificate of Contractor Registration issued by the
Construction Industry Development Board; Compensation of Injury Diseases Act certificate (COIDA)
and a valid Tax Clearance Certificate issued by the South African Revenue Services.
.

F.3.4 Tenders will not be opened immediately after the closing time; they will be posted on the IDT Website
within 7 days of closure.

F.3.5 Tender offers will only be accepted if the following are submitted

PROPOSALS WILL BE EVALUATED IN TERMS OF THE MANDATORY REQUIREMENTS AND

GENERIC FUNCTIONALITY CRITERIA AS FOLLOWS:

PHASE ONE - MANDATORY REQUIREMENTS/ DOCUMENTATION

MANDATORY RETURNABLE DOCUMENTS
1 Authority to Sign this Bid (for companies that has more than one director).

2 Service Providers must be registered on Central Supplier Database (MAAA Number to be

used to verify registration)

3 Valid and Active CIDB Grading certificate of Grade 6GB or higher

4 Valid COIDA or FEM certificates (or recognised certificates recognised by DOL)

5 Fully Completed and Signed form of offer. All blanks spaces must be completed

6 Fully Completed and signed

• SBD1: Invitation to bid

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
• SBD4: Bidder’s disclosure

• SBD 6.1: Preference points claim form in terms of PPPFA, Procurement

Regulations 2017 (newly revised version)
➢ Fully & Duly Completed and Signed Preference points claim form
in terms of PPPFA, Procurement Regulations 2017 (SBD 6.1). All
blanks spaces must be completed. Bidders to indicate items that
are not applicable

7 Confirmation of addendum (If Applicable)

8 Fully & Duly Completed Detailed Bill of Quantities (BOQ), Written in non – erasable black
Ink

Failure to comply with the above requirement will result in automatic disqualification.

Instruction notes:
• All blanks spaces must be completed on all the SBD forms.
• Bidders to indicate items that are not applicable to them on all the forms.
• Bidders are advised to fill in the correct information on all the SBD forms.
• Bidders are encouraged to familiarize themselves with the project site in order to assist
them in planning, pricing and executing the project.

• All Bidders are required to be registered on CSD (Central Supplier Database) with National
Treasury.
• Please Provide CSD Registration report with supplier number with your Bid.

Only bidders who are competent in the advertised work and who have achieved the minimum
functionality threshold will be evaluated on a 80/20 (Price / B-BBEE) points based on the
Preferential Procurement Regulations of 2017, where functionality will be evaluated as follows:

Phase 2:

Evaluation Criteria Points Allocation

Relevant Previous Experience on completed projects of a similar nature
35 points
and value in the last Five (5) years
Signed and stamped client references on the same projects listed above
25 points
(either Client or Client Representative).
Qualifications, Skills and Experience of project key resources 20 points
Project Schedule 20 points
Total 100 points
NB: Minimum qualifying functionality threshold is 70 points out 100

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Similar Nature of Work - Acceptable: (Renovations, alteration, additions and maintenance for
General Building projects)

STAGE 2:

Preferential procurement system

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2022

This preference form must form part of all tenders invited. It contains general information and serves as a claim
form for preference points for specific goals.

GENERAL CONDITIONS
1.1 The following preference point systems are applicable to invitations to tender:
- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes
included)

To be completed by the organ of state

a) The applicable preference point system for this tender is the 80/20 preference point system.

1.3 Points for this tender (even in the case of a tender for income-generating contracts) shall be awarded for:
(a) Price; and
(b) Specific Goals.

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
1.4 To be completed by the organ of state:
The maximum points for this tender are allocated as follows:

POINTS
PRICE 90 80
SPECIFIC GOALS 10 20
TARGETED GROUP

Women 100% Ownership 3 6

Youth 100% Ownership 3 6
People with Disabilities 100% Ownership 2 4
Black Male 100% Ownership 2 4
Total points for Price and SPECIFIC GOALS 100 100

1.5 Failure on the part of a tenderer to submit proof or documentation required in terms of this tender
to claim points for specific goals with the tender, will be interpreted to mean that preference points
for specific goals are not claimed.

1.6 The organ of state reserves the right to require of a tenderer, either before a tender is adjudicated
or at any time subsequently, to substantiate any claim in regard to preferences, in any manner
required by the organ of state.
DEFINITIONS
(a) “tender” means a written offer in the form determined by an organ of state in response to an invitation to
provide goods or services through price quotations, competitive tendering process or any other method
envisaged in legislation;
(b) “price” means an amount of money tendered for goods or services, and includes all applicable taxes less
all unconditional discounts;
(c) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid
invitation, and includes all applicable taxes;
(d) “tender for income-generating contracts” means a written offer in the form determined by an organ
of state in response to an invitation for the origination of income-generating contracts through any method
envisaged in legislation that will result in a legal agreement between the organ of state and a third party that
produces revenue for the organ of state, and includes, but is not limited to, leasing and disposal of assets
and concession contracts, excluding direct sales and disposal of assets through public auctions; and (e)
“the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000).

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES
3.1. POINTS AWARDED FOR PRICE

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

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

80/20 or 90/10

or
Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME

GENERATING PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

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

80/20 or 90/10

Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration Pmax =
Price of highest acceptable tender

POINTS AWARDED FOR SPECIFIC GOALS

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Table 1: Specific goals for the tender and points claimed are indicated per the table below.

Number of Number of Number of

points Number of points points
points claimed claimed
allocated
allocated (90/10 (80/20 system)
(90/10 system)
The specific goals (80/20 system) (To be
allocated points in (To be completed by
system) (To be
terms of this tender completed by
(To be completed by the tenderer)
the organ of
state) completed the tenderer)
by the organ
of state)

Women 100% 3 6
Ownership
3 6
Youth 100% Ownership

People with Disabilities 2 4

100% Ownership

Black Male 100% 2 4

Ownership

Source Documents to be submitted with the Bid or RFQ

*CIPC Document (Company Registration Document will be required for verification (CIPC DOC))
*Woman (Originally Certified ID Document)
*Youth (Originally Certified ID Document)
*People with Disability (Letter from the Dr. Confirming the Disability) *Black
*Ownership (Originally Certified ID Document)

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
1. LIST OF RETURNABLE SCHEDULES

Returnable Schedules required only for tender evaluation purposes (certified copies not older than
six months or originals of the following documents):

Non Statutory (Non Compulsory) Non Statutory (Non Compulsory) Requirements

No
Requirements Description
1 Checklist for Tender Submission Checklist for Tender Submission
2 Details of Tender Details of Tender
3 Tax Compliance Status Submission of valid Tax compliance status form (or PIN)
4 Banking Details Bank Account Confirmation Letter
5 BBBEE points as SBD 6.1 Source Documents to be submitted with the Bid or RFQ
*CIPC Document - (Company Registration Document
will be required for verification (CIPC DOC))
*Woman - (Originally Certified ID Document)
*Youth - (Originally Certified ID Document)
*People with Disability - (Letter from the Dr. Confirming
the Disability)
*Black Ownership - (Originally Certified ID Document)
6 Record of Addenda to Tender Documents Record of Addenda to Tender Documents (If Applicable)

Notes:

1. Tenderers who fail to submit information as per the returnable schedules will not be
allocated points.

Functionality Criteria

Variables Total Criteria Description Of Criteria Points

Poin
ts

Functionality 100
Points
Experience on Excellent Points allocated for 35
similar Very good proven records of 28
scale 35 Good accomplishment 21
projects Satisfactory based on the similar 14
Poor scale of previous 7
projects executed by
Not acceptable 0
tenderer.
Qualifications Very Good Points allocated for 20
& required
Good 15
competenc competencies and
ies of key Satisfactory qualifications of 10
staff 20 Poor allocated personnel 5
for the projects in
Very poor consideration 1
Not submitted 0
Project Very good Points allocated for turn- 20
Specific around projects
Programm 20 Good delivery period and 18
Satisfactory 14

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Variables Total Criteria Description Of Criteria Points
Poin
ts
e schedule Poor detail project 8
and cash Unacceptable submission by 0
flow tenderer/bidder in
consideration
Client Excellent Points allocated for 25
Reference Good previous client 20
s 25 references and
Fair 15
submission in relation
Poor to nature of work in 10
Relevant Experience
Very poor (Returnable schedule) 5
of the Bid Document.

Notes:

1. Bidders are required to score minimum points of 70 (70%) for Functionality stated in
tender data.
2. Bidders who fail to meet the required minimum number of points for functionality
stated in the tender data will not be evaluated further.
3. Bidders who fail to submit information as per the returnable schedules will not be
allocated points.

The functionality will be scored using the following values:

A maximum equal to 100 tender evaluation points will be awarded for quality, sub-divided
according to the following:

Functionality area Points

Previous Experience 35
Client Reference 25
Qualification and Competency 20
Project Schedule 20
Total 100 points

Experience on similar scale projects:

The quality criteria and maximum score in respect of each of the criteria are as follows:

Scoring Quality (Functionality)

A maximum equal to 100 tender evaluation points will be awarded for quality. Only bidders who
score 70% and above (i.e. 70 points and above out of a total of 100 points) will be further
evaluated in terms of the 80/20 price/preference points system in line with Preference Points
Claim Form In Terms Of The Preferential Procurement Regulations 2022

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
The functionality will be scored using the following values:

Relevant Experience on Similar Construction Projects (35 points):

Points are allocated for relevant experience on similar construction projects completed in the past
5 years. The similarity referee’s to project of similar kind, complexity and value in terms of the
CIDB categorization. In support tenderers are to complete the “Similar Project Experience”
returnable schedule.

Evaluation points will be awarded in terms of the following table:

Number of Similar Construction Projects Number of points

completed in the last 5 years
5 35
4 28
3 21
2 14
1 7
0 0

Value of work evaluation (No points will be allocated for value of works for Civil Engineering
Projects, Water, Transport, Traffic Engineering)

Value of work (6GB or higher) Rating Points Allocation

10.1m and above Very Good 7
5.1m – 10m Good 5
3.1m – 5m Satisfactory 3
1m – 3m Poor 1
Not Submitted 0

Qualifications and Key Personnel (20 points):

Points are allocated for educational qualifications and professional registration of allocated key
personnel for the project under consideration. For each key personnel allocated to the project,
the bidders shall submit for following: Curriculum Vitae together with certified proof of
qualifications and professional registration.

Evaluation points will be awarded in terms of the following tables:

Highest qualifications and Professional Registration (8 points)

Category Qualification Professional

Registration
Degree Diploma Yes No

Contract Director/Manager 3 2 1 0
Site Agent/Manager 3 2 1 0
Subtotal number of points 6 4 2 0

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Competence of Key Personnel (Subtotal 12 Points)

Category Experience

Between 1- 4 Between 4- Between 8-

years 8years 12 years Over 12
years
Contract Director/Manager 2 4 5 6
Site Agent/Manager 2 4 5 6
Subtotal number of points 4 8 10 12

CLIENT REFERENCES

The Tenderer shall provide details of his performance on each of the previous projects listed in the
“Similar Relevant Experience” returnable schedule. Client References” scorecards will be
completed by each of the respective Clients for the projects listed in the “Similar Relevant
Experience” returnable schedule. Forms not signed, stamped and completed by the client will
result in no allocation of points (zero points).

Description / Performance Very Poor (2) Fair (3) Good (4) Excellent
poor (5)
(1)
Quality of site management
Competence of foreman
Co-operation during contract
Quality of workmanship
Project management

Project Schedule (20 points):

Points are awarded for project duration undertaking as per returnable activity. This represents
only key project deliverables and runs from the assumed start date indicated, for purposes of
uniformity and ease of comparison.

Failure to populate returnable schedule in full will result in zero points awarded, alternatively a
properly populated gantt chart will be acceptable. (NB: Bidders reminded that penalty clause is
applicable in the event that bidders offer unrealistically short duration just to score higher
points)

The shortest realistic project duration will receive 20 points, with comparative duration awarded
points in line with the formula below:

PrSc = 20 X (Dm/D)

Where:

PrSC = No. of points scored for project schedule

Dm = lowest acceptable comparative project duration in Days
D = Comparative project duration in days of tender under consideration

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Preferential procurement system

80/20 Preference Points Claim Form In Terms Of The Preferential Procurement Regulations 2022.
The project is below R50m.

Number of Number of Number of

Women 100% 3 6
Ownership
3 6
Youth 100% Ownership

People with Disabilities 2 4

100% Ownership

Black Male 100% 2 4

Ownership
Financial Offer / Price:

Formula=2 Option 1,A=(1- Formula used to calculate

{p-pm/pm} financial offer/price
Financial points
Offer/Price 80
Pm=The comparative
Price offer of the
mean/average
quantifying tenderer
P=The comparative offer
of the tender under
consideration
100

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Record of Addenda to tender documents

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

Date Title or Details

Attach additional pages if more space is required.

Signed Date

Name Position

Identity
number
Tenderer

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
SBD 1

PART A

INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE INDEPENDENT DEVELOPMENT TRUST
BID NUMBER: IDTMPU-CON-WP3.1B/1DOE PROG CLOSING DATE: 27 MARCH 2023 CLOSING TIME: 11h00
CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL, SIPHUMELELE PRIMARY SCHOOL
AND MBALENHLE SECONDARY SCHOOL
DESCRIPTION
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED
IDT Regional Offices
9th Floor Netbank Building

30 Brown Street, Nelspruit, 1200

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO
CONTACT PERSON Surprise Mthombeni CONTACT PERSON Sabelo Matu
TELEPHONE NUMBER TELEPHONE NUMBER
FACSIMILE NUMBER N/A FACSIMILE NUMBER N/A
E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION
NUMBER
SUPPLIER COMPLIANCE TAX COMPLIANCE CENTRAL SUPPLIER
OR
STATUS SYSTEM PIN: DATABASE No: MAAA
B-BBEE STATUS TICK APPLICABLE BOX] B-BBEE STATUS LEVEL SWORN [TICK APPLICABLE BOX]
LEVEL AFFIDAVIT
VERIFICATION
CERTIFICATE Yes No Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN
ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

ARE YOU THE ACCREDITED a) ARE YOU A FOREIGN Yes No

REPRESENTATIVE IN Yes No BASED SUPPLIER FOR THE
SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS [IF YES, ANSWER THE
GOODS /SERVICES [IF YES ENCLOSE PROOF] OFFERED? QUESTIONNAIRE BELOW]
/WORKS OFFERED?
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO
DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS
SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.

PART B

TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE
ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED– (NOT TO BE RE-TYPED) OR IN THE
MANNER PRESCRIBED IN THE BID DOCUMENT.
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE JOINT BUILDING CONTRACT COMMITTEE (JBCC) AND,
IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT
1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A JBCC AGREMENT.

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS
TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS
WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT
A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE
(CSD), A CSD NUMBER MUST BE PROVIDED.
2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS
WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN
THE SERVICE OF THE STATE.”

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID
INVALID.

SIGNATURE OF BIDDER: ……………………………………………

CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………

(Proof of authority must be submitted e.g. company resolution)

DATE: …………………………………………...

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
SBD 4

BIDDER’S DISCLOSURE

1. PURPOSE OF THE FORM

Any person (natural or juristic) may make an offer or offers in terms of this
invitation to bid. In line with the principles of transparency, accountability,
impartiality, and ethics as enshrined in the Constitution of the Republic of
South Africa and further expressed in various pieces of legislation, it is
required for the bidder to make this declaration in respect of the details
required hereunder.

Where a person/s are listed in the Register for Tender Defaulters and / or the
List of Restricted Suppliers, that person will automatically be disqualified from
the bid process.

2. Bidder’s declaration

2.1 Is the bidder, or any of its directors / trustees / shareholders / members /

partners or any person having a controlling interest1in the enterprise,
employed by the state? YES/NO

2.1.1 If so, furnish particulars of the names, individual identity numbers, and, if
applicable, state employee numbers of sole proprietor/ directors / trustees /
shareholders / members/ partners or any person having a controlling interest
in the enterprise, in table below.

Full Name Identity Number Name of State institution

1
the power, by one person or a group of persons holding the majority of the equity of an enterprise,
alternatively, the person/s having the deciding vote or power to influence or to direct the course and decisions of
the enterprise.

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
2.2 Do you, or any person connected with the bidder, have a relationship with any
person who is employed by the procuring institution? YES/NO

2.2.1 If so, furnish particulars:

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

2.3 Does the bidder or any of its directors / trustees / shareholders / members /
partners or any person having a controlling interest in the enterprise have any
interest in any other related enterprise whether or not they are bidding for this
contract? YES/NO

2.3.1 If so, furnish particulars:

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

3 DECLARATION

I, the undersigned,
(name)…………………………………………………………… in submitting the
accompanying bid, do hereby make the following statements that I certify to
be true and complete in every respect:

3.1 I have read and I understand the contents of this disclosure;

3.2 I understand that the accompanying bid will be disqualified if this disclosure is
found not to be true and complete in every respect;

3.3 The bidder has arrived at the accompanying bid independently from, and
without consultation, communication, agreement or arrangement with any
competitor. However, communication between partners in a joint venture or
consortium2 will not be construed as collusive bidding.

3.4 In addition, there have been no consultations, communications, agreements

or arrangements with any competitor regarding the quality, quantity,
specifications, prices, including methods, factors or formulas used to calculate
prices, market allocation, the intention or decision to submit or not to submit
the bid, bidding with the intention not to win the bid and conditions or delivery
particulars of the products or services to which this bid invitation relates.
3.4 The terms of the accompanying bid have not been, and will not be, disclosed
by the bidder, directly or indirectly, to any competitor, prior to the date and
time of the official bid opening or of the awarding of the contract.

2
Joint venture or Consortium means an association of persons for the purpose of combining their expertise,
property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
3.5 There have been no consultations, communications, agreements or
arrangements made by the bidder with any official of the procuring institution
in relation to this procurement process prior to and during the bidding process
except to provide clarification on the bid submitted where so required by the
institution; and the bidder was not involved in the drafting of the specifications
or terms of reference for this bid.

3.6 I am aware that, in addition and without prejudice to any other remedy
provided to combat any restrictive practices related to bids and contracts, bids
that are suspicious will be reported to the Competition Commission for
investigation and possible imposition of administrative penalties in terms of
section 59 of the Competition Act No 89 of 1998 and or may be reported to
the National Prosecuting Authority (NPA) for criminal investigation and or may
be restricted from conducting business with the public sector for a period not
exceeding ten (10) years in terms of the Prevention and Combating of Corrupt
Activities Act No 12 of 2004 or any other applicable legislation.

I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 1, 2

and 3 ABOVE IS CORRECT.
I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF
PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22 ON PREVENTING AND
COMBATING ABUSE IN THE SUPPLY CHAIN MANAGEMENT SYSTEM SHOULD THIS
DECLARATION PROVE TO BE FALSE.

……………………………… ..……………………………………………
Signature Date

……………………………… ………………………………………………
Position Name of bidder

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2022

This preference form must form part of all tenders invited. It contains general information
and serves as a claim form for preference points for specific goals.

NB: BEFORE COMPLETING THIS FORM, TENDERERS MUST STUDY THE

GENERAL CONDITIONS, DEFINITIONS AND DIRECTIVES
APPLICABLE IN RESPECT OF THE TENDER AND PREFERENTIAL
PROCUREMENT REGULATIONS, 2022

a) The applicable preference point system for this tender is the 80/20 preference
point system.

1.2 Points for this tender (even in the case of a tender for income-generating
contracts) shall be awarded for:
(c) Price; and
(d) Specific Goals.

The maximum points for this tender are allocated as follows:

POINTS
PRICE 90 80
SPECIFIC GOALS 10 20
TARGETED GROUP

Women 100% Ownership 3 6

Youth 100% Ownership 3 6

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
People with Disabilities 100% Ownership 2 4
Black Male 100% Ownership 2 4
Total points for Price and SPECIFIC 100 100
GOALS

2. Failure on the part of a tenderer to submit proof or documentation required in

terms of this tender to claim points for specific goals with the tender, will be
interpreted to mean that preference points for specific goals are not claimed.

2.1 The organ of state reserves the right to require of a tenderer, either before a tender
is adjudicated or at any time subsequently, to substantiate any claim in regard to
preferences, in any manner required by the organ of state.

DEFINITIONS
(e) “tender” means a written offer in the form determined by an organ of state
in response to an invitation to provide goods or services through price quotations,
competitive tendering process or any other method envisaged in legislation;
(f) “price” means an amount of money tendered for goods or services, and
includes all applicable taxes less all unconditional discounts;
(g) “rand value” means the total estimated value of a contract in Rand,
calculated at the time of bid invitation, and includes all applicable taxes;
(h) “tender for income-generating contracts” means a written offer in the
form determined by an organ of state in response to an invitation for the origination
of income-generating contracts through any method envisaged in legislation that will
result in a legal agreement between the organ of state and a third party that produces
revenue for the organ of state, and includes, but is not limited to, leasing and disposal
of assets and concession contracts, excluding direct sales and disposal of assets
through public auctions; and (e) “the Act” means the Preferential Procurement
Policy Framework Act, 2000 (Act No. 5 of 2000).

FORMULAE FOR PROCUREMENT OF GOODS AND SERVICES

3.1. POINTS AWARDED FOR PRICE

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

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

80/20 or 90/10

or
Where

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmin = Price of lowest acceptable tender

3.2. FORMULAE FOR DISPOSAL OR LEASING OF STATE ASSETS AND INCOME

GENERATING PROCUREMENT

3.2.1. POINTS AWARDED FOR PRICE

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

80/20 or 90/10

Where
Ps = Points scored for price of tender under consideration
Pt = Price of tender under consideration
Pmax = Price of highest acceptable tender

POINTS AWARDED FOR SPECIFIC GOALS

4.1. In terms of Regulation 4(2); 5(2); 6(2) and 7(2) of the Preferential Procurement
Regulations, preference points must be awarded for specific goals stated in the tender.
For the purposes of this tender the tenderer will be allocated points based on the goals
stated in table 1 below as may be supported by proof/ documentation stated in the
conditions of this tender:
4.2. In cases where organs of state intend to use Regulation 3(2) of the Regulations, which
states that, if it is unclear whether the 80/20 or 90/10 preference point system applies,
an organ of state must, in the tender documents, stipulate in the case of—
(a) an invitation for tender for income-generating contracts, that either the
80/20 or 90/10 preference point system will apply and that the highest
acceptable tender will be used to determine the applicable preference point
system; or

(b) any other invitation for tender, that either the 80/20 or 90/10
preference point system will apply and that the lowest acceptable tender will
be used to determine the applicable preference point system, then the organ of
state must indicate the points allocated for specific goals for both the 90/10 and
80/20 preference point system.

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Table 1: Specific goals for the tender and points claimed are indicated per the
table below.

Number of Number of Number of

points Number of points points
points claimed claimed
allocated
allocated (90/10 (80/20
(90/10 system)
The specific goals system) (80/20 system)
allocated points in system) (To be (To be
(To be
terms of this tender (To be completed completed by
completed
by completed by the the tenderer)
the organ of by the tenderer)
state) organ of
state)

Women 100% 3 6
Ownership
3 6
Youth 100% Ownership

People with Disabilities 2 4

100% Ownership

Black Male 100% 2 4

Ownership

Source Documents to be submitted with the Bid or RFQ

*CIPC Document (Company Registration Document will be required for verification (CIPC DOC))
*Woman (Originally Certified ID Document)
*Youth (Originally Certified ID Document)
*People with Disability (Letter from the Dr. Confirming the Disability)
*Black *Ownership (Originally Certified ID Document)

DECLARATION WITH REGARD TO COMPANY/FIRM

4.3. Name of company/firm…………………………………………………………………….

4.4. Company registration number: …………………………………………………………...

4.5. TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One-person business/sole propriety
Close corporation

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Public Company
Personal Liability Company
(Pty) Limited
Non-Profit Company
State Owned Company
[TICK APPLICABLE BOX]

4.6. I, the undersigned, who is duly authorized to do so on behalf of the company/firm,

certify that the points claimed, based on the specific goals as advised in the tender,
qualifies the company/ firm for the preference(s) shown and I acknowledge that:
i) The information furnished is true and correct; ii) The preference points claimed
are in accordance with the General Conditions as indicated in paragraph 1 of this
form;
iii) In the event of a contract being awarded as a result of points claimed
as shown in paragraphs 1.4 and 4.2, the contractor may be required to furnish
documentary proof to the satisfaction of the organ of state that the claims are
correct;
iv) If the specific goals have been claimed or obtained on a fraudulent
basis or any of the conditions of contract have not been fulfilled, the organ of
state may, in addition to any other remedy it may have –

(a) disqualify the person from the tendering process;

(b) recover costs, losses or damages it has incurred or suffered as
a result of that person’s conduct;
(c) cancel the contract and claim any damages which it has
suffered as a result of having to make less favourable arrangements
due to such cancellation;
(d) recommend that the tenderer or contractor, its shareholders
and directors, or only the shareholders and directors who acted on a
fraudulent basis, be restricted from obtaining business from any organ
of state for a period not exceeding 10 years, after the audi alteram
partem (hear the other side) rule has been applied; and
(e) forward the matter for criminal prosecution, if deemed
necessary.

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
……………………………………………………………

SIGNATURE(S) OF TENDERER(S)

SURNAME AND NAME: ……………………………………………………………………………………………………………………………..

DATE: ………………………………………………………………………

ADDRESS: ………………………………………………………………………

…………………………………………………………………….

……………………………………………………………………..

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
EVALUATION SCHEDULE: CLIENT REFERENCES
The Tenderer shall provide details of his performance on each of the previous projects listed
in the “Similar Relevant Experience” returnable schedule. Client References” scorecards will
be completed by each of the respective Clients for the projects listed in the “Similar Relevant
Experience” returnable schedule. Forms not signed, stamped and completed by the client will
result in no allocation of points (zero points).

The following are to be completed by the Client:

PROJECT 1: Name & Scope –

Client Department: ............................................................................................................................

Contract Amount: ..............................................................................................................................

Contract Duration:.............................................................................................................................

Actual Contract Duration: ……………………………………………………………

Description / Performance Very poor (1) Poor (2) Fair (3) Good (4) Excellent (5)

Quality of site management

Competence of foreman

Co-operation during contract

Quality of workmanship

Project management

Any other remarks to be considered necessary to assist in evaluation of the contractor?

Name of Client Representative: …………………………………………………………………

Designation: ………………………………………………………………………….. Stamp

Telephone: ……………………………………………………………………………..
Client Signature:……………………. Date: …………………….

Part T2: Returnable documents

The following are to be completed by the Client:

PROJECT 2: Name & Scope –

Client Department: ............................................................................................................................

Contract Amount: ..............................................................................................................................

Contract Duration:.............................................................................................................................

Actual Contract Duration: ……………………………………………………………

Description / Performance Very poor (1) Poor (2) Fair (3) Good (4) Excellent (5)

Quality of site management

Competence of foreman

Co-operation during contract

Quality of workmanship

Project management

Any other remarks to be considered necessary to assist in evaluation of the contractor?

..................................................................................................................................................................
.............................................................................................................................
Name of Client Representative: …………………………………………………………………
Designation: ………………………………………………………………………….. Stamp

Telephone: ……………………………………………………………………………..
Client Signature: Date: …………………….

Part T2: Returnable documents

The following are to be completed by the Client:

PROJECT 3: Name & Scope –

Client Department: ............................................................................................................................

Contract Amount: ..............................................................................................................................

Contract Duration:.............................................................................................................................

Actual Contract Duration: ……………………………………………………………

Description / Performance Very poor (1) Poor (2) Fair (3) Good (4) Excellent (5)

Quality of site management

Competence of foreman

Co-operation during contract

Quality of workmanship

Project management

Any other remarks to be considered necessary to assist in evaluation of the contractor?

Telephone: ……………………………………………………………………………..
Client Signature: Date: …………………….

Part T2: Returnable documents

The following are to be completed by the Client:

PROJECT 4: Name & Scope –

Client Department: ............................................................................................................................

Contract Amount: ..............................................................................................................................

Contract Duration:.............................................................................................................................

Actual Contract Duration: ……………………………………………………………

Description / Performance Very poor (1) Poor (2) Fair (3) Good (4) Excellent (5)

Quality of site management

Competence of foreman

Co-operation during contract

Quality of workmanship

Project management

Any other remarks to be considered necessary to assist in evaluation of the contractor?

Telephone: ……………………………………………………………………………..
Client Signature: Date: …………………….

Part T2: Returnable documents

The following are to be completed by the Client

PROJECT 5: Name & Scope –

Client Department: ............................................................................................................................

Contract Amount: ..............................................................................................................................

Contract Duration:.............................................................................................................................

Actual Contract Duration: ……………………………………………………………

Description / Performance Very poor (1) Poor (2) Fair (3) Good (4) Excellent (5)

Quality of site management

Competence of foreman

Co-operation during contract

Quality of workmanship

Project management

Any other remarks to be considered necessary to assist in evaluation of the contractor?

Telephone: ……………………………………………………………………………..
Client Signature: Date: …………………….

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
EVALUATION SCHEDULE: SIMILAR PROJECT EXPERIENCE

The Tenderer shall provide details of his performance on each of the previous relevant projects. Bidders
must provide/attach appointment letter and Completion certification in a form of Practical or Final
completion certificate or Client referral letter listed under the “Similar Project Experience” returnable
schedule below.
Failure to complete the table below will result in no points allocated. No “see attached” will be accepted

LIST THE FIVE SIMILAR PROJECTS EXPERIENCE COMPLETED BY YOUR FIRM IN THE
LAST FIVE (5) YEARS
Name of Project
Name of Project Completed Name of Client &
Manager & Value of Project
and Scope of work Telephone no.
Telephone no.
Project 1:

Project 2:

Project 3:

Project 4:

Project 5:

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
KEY PERSONNEL
In terms of the Project Specification and the Conditions of Tender, unskilled workers may only be brought
in from outside the local community if such personnel are not available locally.

The Tenderer shall list below the personnel which he intends to utilize on the Works, including key personnel
which may have to be brought in from outside if not available locally.

NUMBER OF PERSONS

KEY PERSONNEL, UNSKILLED

KEY PERSONNEL TO
PART OF THE PERSONNEL TO BE
CATEGORY OF BE IMPORTED IF NOT
CONTRACTOR'S RECRUITED FROM
EMPLOYEE AVAILABLE LOCALLY
ORGANISATION LOCAL COMMUNITY

HDI NON-HDI HDI NON-HDI HDI NON-HDI

Site Agent, Project

Managers
Foremen, Quality
Control and Safety
Personnel
Technicians,
Surveyors, etc

Artisans and other

Skilled workers

Plant Operators

Others:.........................
.....................................
.....................................
.....................................
...

The Tenderer shall attach hereto the curricula vitae, in the form included hereafter, of at least the site
agent and the project manager. The information is necessary for evaluation of the tender.

SIGNATURE: ..............................................……… IDENTITY NUMBER: ……………………………..

(of person authorised to sign on behalf of the Tenderer) DATE:………………………………

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
This section must be completed in full and aligned to attachments, organogram submitted
failure to do so will result in no allocation of points

CURRICULUM VITAE OF KEY PERSONNEL (COMPULSORY)

(CVs and Certified Qualifications that are not older than 6 months are required only for site agent
and contract or project manager).

CV FOR CONTRACT DIRECTOR OR MANAGER

Name: Date of birth:
Profession: Nationality:
Qualifications:
Professional Registration Number:
Name of Employer (firm):
Current position: Years with firm:
Employment Record:

Experience Record Pertinent to Required service:

Certification:
I, the undersigned, certify that, to the best of my knowledge and belief, this data correctly describes me,
my qualifications and my experience.

SIGNATURE: ..............................................……… IDENTITY NUMBER: ……………………………..

(of person authorised to sign on behalf of the Tenderer) DATE:………………………………

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
CV FOR SITE AGENT/MANAGER
Name: Date of birth:
Profession: Nationality:
Qualifications:
Professional Registration Number:
Name of Employer (firm):
Current position: Years with firm:
Employment Record:

Experience Record Pertinent to Required service:

Certification:

I, the undersigned, certify that, to the best of my knowledge and belief, this data correctly describes me,
my qualifications and my experience.

........................................................…………………......... ……..………………….
SIGNATURE OF THE INCUMBANT IN THE SCHEDULE DATE

…………………………………………………….
INCUMBANT’S IDENTITY NUMBER

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
CV FOR TECHNICIAN / ARTISAN
Name: Date of birth:
Profession: Nationality:
Qualifications:
Professional Registration Number:
Name of Employer (firm):
Current position: Years with firm:
Employment Record:

Experience Record Pertinent to Required service:

Certification:

I, the undersigned, certify that, to the best of my knowledge and belief, this data correctly describes me,
my qualifications and my experience.

........................................................…………………......... ……..………………….
SIGNATURE OF THE INCUMBANT IN THE SCHEDULE DATE

…………………………………………………….
INCUMBANT’S IDENTITY NUMBER

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
CV FOR FOREMAN
Name: Date of birth:
Profession: Nationality:
Qualifications:
Professional Registration Number:
Name of Employer (firm):
Current position: Years with firm:
Employment Record:

Experience Record Pertinent to Required service:

Certification:

I, the undersigned, certify that, to the best of my knowledge and belief, this data correctly describes me,
my qualifications and my experience.

........................................................…………………......... ……..………………….
SIGNATURE OF THE INCUMBANT IN THE SCHEDULE DATE

…………………………………………………….
INCUMBANT’S IDENTITY NUMBER

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
PRELIMINARY PROGRAMME

The Tenderer shall attach a preliminary programme reflecting the proposed sequence and tempo of execution
of the various activities comprising the work for this Contract. The programme shall be in accordance with the
information supplied in the Contract, requirements of the Project Specifications and with all other aspects of his
Tender.
NOTE: ONLY COMPUTIRSED PRELIMINARY PROGRAM WILL BE CONSIDERED

PROGRAMME (EXAMPLE ONLY)

MONTHS
ACTIVITY
1 2 3 4 5 6 7 8 9 10

[Note: The programme must be based on the completion time as specified in the Contract Data. No other
completion time that may be indicated on this programme will be regarded as an alternative offer, unless it is listed
in Table (b) of Form I hereafter and supported by a detailed statement to that effect, all as specified in the Tender
Data]
The following aspects of the preliminary programme will be considered:
• Programme Heading
• The programme is specific and tailored for the execution of the project, is comprehensive and is logically
correct
• The activities are well articulated with headings and sub headings and show relevant milestones
• The activities that occur simultaneously are showing
• The activities that depend on each other are linked
• The activities that required stages are indicated
• Milestones are shown
• There are resources aligned / embedded to the programme
• Cause and effect of the programme can be determined such that the critical path is shown
• The lead times and lag times are clear and being considered for ordering of materials and staffing
requirements
• Non-Working Days and Been Taken Into Consideration
• Has the Programme been divided into Phases
• The Cash Flow to Relate to the Programme
• The programme to show resource histogram
• The Resource Histogram to Show Unskilled Labour

SIGNATURE: ..............................................……… IDENTITY NUMBER: ……………………………..

(of person authorised to sign on behalf of the Tenderer) DATE:………………………………

Part T2: Returnable documents

BID No: IDTMPU-CON-WP3.1B/1DOE PROG
INDEPENDENT DEVELOPMENT TRUST

C1.1Form of Offer and Acceptance

Offer: Must be per school

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

………………………………………………………………………(Name of School)

The tenderer, identified in the offer signature block, has examined the documents listed in the tender
data and addenda thereto as listed in the returnable schedules, and by submitting this offer has
accepted the conditions of tender.

By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer
and acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under
the contract including compliance with all its terms and conditions according to their true intent and
meaning for an amount to be determined in accordance with the conditions of contract identified in the
contract data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rand (in words);

R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures)
This offer may be accepted by the employer by signing the acceptance part of this form of offer and
acceptance and returning one copy of this document to the tenderer before the end of the period of
validity stated in the tender data, whereupon the tenderer becomes the party named as the contractor in
the conditions of contract identified in the contract data.

Signature ................................ Date ....................

Name ................................ Identity number ....................
Capacity ................................
for the tenderer
(Name and ....................................................................
address of
organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name and
signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... .......
........

NOTE: Failure of a Bidder to complete and sign this part of the tender form (offer) in full
Acceptance
including witnessing will invalidate the tender.

Contract C1.1
Part C1: Agreement and Contract Data Form of offer and acceptance
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
ACCEPTANCE

By signing this part of this form of offer and acceptance, the employer identified below accepts the
tenderer’s offer. In consideration thereof, the employer shall pay the contractor the amount due in
accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s
offer shall form an agreement between the employer and the tenderer upon the terms and conditions
contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

Part C1: Agreements and contract data, (which includes this agreement)
Part C2: Pricing data
Part C3: Scope of work.
Part C4: Site information

and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4
above.

Deviations from and amendments to the documents listed in the tender data and any addenda thereto
as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer
and the employer during this process of offer and acceptance, are contained in the schedule of
deviations attached to and forming part of this agreement. No amendments to or deviations from said
documents are valid unless contained in this schedule.

The tenderer shall within two weeks after receiving a completed copy of this agreement, including the
schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract
data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation
to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfill any of
these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the
tenderer receives one fully completed original copy of this document, including the schedule of
deviations (if any). Unless the tenderer (now contractor) within five working days of the date of such
receipt notifies the employer in writing of any reason why he cannot accept the contents of this
agreement, this agreement shall constitute a binding contract between the parties.

Signature ............................. Date .....................

Name ............................. Identity number . . . . . . . . . . . . . . . . . . . . .
Capacity ............................
for the
Employer INDEPENDENT DEVELOPMENT TRUST

30 Brown Street
9th Floor Nedbank Building
Nelspruit
1200
Name and ..............................
signature
of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . .

Contract C1.1
Part C1: Agreement and Contract Data Form of offer and acceptance
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Schedule of Deviations
1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
...........................................................................
...........................................................................
2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
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4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...........................................................................
By the duly authorized representatives signing this agreement, the employer and the tenderer agree to
and accept the foregoing schedule of deviations as the only deviations from and amendments to the
documents listed in the tender data and addenda thereto as listed in the tender schedules, as well as
any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the
employer during this process of offer and acceptance.
It is expressly agreed that no other matter whether in writing, oral communication or implied during the
period between the issue of the tender documents and the receipt by the tenderer of a completed signed
copy of this Agreement shall have any meaning or effect in the contract between the parties arising from
this agreement.

Contract C1.1
Part C1: Agreement and Contract Data Form of offer and acceptance
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
INDEPENDENT DEVELOPMENT TRUST

C1.2 Contract Data for IDTMPU-CON-WP3.1B/1DOE PROG)

The Conditions of Contract are clauses 1 to 41 of the JBCC Series 2000 Principal Building Agreement
(Edition 4.1 March 2005) published by the Joint Building Contracts Committee.

Copies of these conditions of contract may be obtained from the Association of South African Quantity
Surveyors (011-3154140), Master Builders Association (011-205-9000; 057-3526269) South African
Association of Consulting Engineers (011-4632022) or South African Institute of Architects (051-4474909;
011-4860684; 053-8312014;)

The JBCC Principal Building Agreement makes several references to the Contract Data for specific data,
which together with these conditions collectively describe the risks, liabilities and obligations of the
contracting parties and the procedures for the administration of the Contract. The Contract Data shall
have precedence in the interpretation of any ambiguity or inconsistency between it and the JBCC Principal
Building Agreement.

Each item of data given below is cross-referenced to the clause in the JBCC Principal Building Agreement
to which it mainly applies.

The additions, deletions and alterations to the JBCC Principal Agreement are:

Clause Additions, deletions and alterations

1.1 Replace the following definitions in DEFINITIONS AND INTERPRETATIONS with the following wording:
AGREEMENT means the agreement arising from the signing of the Form of Offer and Acceptance by the
parties.
BILLS OF QUANTITIES means the document drawn up in accordance with the Pricing Instructions
contained in the Pricing Data.
CONSTRUCTION PERIOD means the period commencing on the date of site hand over and ending on
the date of practical completion.
CONTRACT DOCUMENTS means the Agreement and all documents referenced therein.
CONTRACT DRAWINGS means the drawings listed in the Scope of Work.
CONTRACT SUM means the total of prices in the Form of Offer and Acceptance.
SCHEDULE means the variables listed in the Contract Data.
CORRUPT PRACTICE means the offering, giving, receiving and soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution
FRAUDULENT PRACTICE means a misrepresentation of facts in order to influence a procurement
process or the execution of a contract to the detriment of any tenderer, and includes collusive practice
among tenderers (prior to or after the tender submission) designed to establish tender prices at artificial
non-competitive levels and to deprive the tenderer of the benefits of free and open competition.
INTEREST means the interest rates applicable to this contract, whether specifically indicated in the
relevant clauses or not, will be the rate as determined by the Minister of Finance, from time to time, in
terms of section 80(1)(b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999).
SECURITY means the form of security provided by the employer or contractor, as stated in the
schedule, from which the contractor or employer may recover expense or loss.

1.6 Any notice given may be delivered by hand, sent by prepaid registered post or telefax. Notice shall be
presumed to have been duly given when:
Delete sub-clause 1.6.4

3.5 Delete sub-clause 3.5

3.6 Delete sub-clause 3.6.

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
3.7 Add to the end thereof:

The contractor shall supply and keep a copy of the JBCC Series 2000 Principal Building Agreement and
Preliminaries applicable to this contract on the site, to which the employer, principal agent and agents
shall have access at all times.

3.9 Delete sub-clause 3.9

3.10 Replace the second reference to “principal agent” with the word “employer”.

4.3 No clause

5.1.2 Under clause 41 – include reference 32.6.3; 34.3; 34.4 and 38.5.8 in terms of which the employer has
retained its authority and has not given a mandate to the principal agent and in terms of which the
employer shall sign all documents.

9 Clause 9.0 is amended by adding Clause 9.1.4:

The contractor indemnifies and holds harmless the employer against all liability, losses, claims,
damages, penalties, actions, proceedings or judgments (collectively referred to as “Losses”) arising from
any infringement of letters, patent design, trademark, name, copyright or other protected rights in respect
of any machine, plant, work, materials, thing, system or method of using, fixing, working or arrangement
used or fixed or supplied by the contractor, but such indemnity shall not cover any use of the equipment
of part thereof otherwise than in accordance with the provisions of the specification. All payments and
royalty’s payable in one sum or by installments or otherwise shall be included by the contractor in the
price and shall be paid by him to those to whom they may be payable. The contractor shall reimburse
the employer for all legal and other costs and expenses, including without limitation attorney’s fees on
attorney-client scale incurred by the employer in connection with investigation, defending or settling any
Losses in connection with pending or threatening litigation in which the employer is a party.

10.5 Add the following as 10.5:

Damage to the works

(a) Without any way limiting the contractor’s obligations in terms of the contract, the contractor shall
bear the full risk of damage to and/or destruction of the works by whatever cause during
construction of the works and hereby indemnifies and holds harmless the employer against any
such damage. The contractor shall take such precautions and security measures and other steps
for the protection and security of the works as the contractor may deem necessary.

(b) The contractor shall at all times proceed immediately to remove or dispose of any debris arising
from damage or destruction of the works and to rebuild, restore, replace and/or repair the works.

(c) The employer shall carry the risk of damage to or destruction of the works and materials paid for by
The employer that is the result of the expected risks as set out in 10.6.

(d) Where the employer bears the risk in terms of this contract, the contractor shall, if requested to do
so, reinstate any damage or destroyed portions of the works and the costs of such reinstatement
shall be measured and valued in terms of 32.0 hereof.

10.6 Add the following as 10.6:

Injury to Persons or loss of or damage to Properties

(a) The contractor shall be liable for and hereby indemnifies the employer against any liability, loss,
claim or proceeding whether arising in common law or by statute, consequent upon personal injuries
to or the death of any person whomsoever arising out of or in the course of or caused by the
execution of the works unless due to any act or negligence of any person for whose actions the
employer is legally liable.

(b) The contractor shall be liable for and hereby indemnifies the employer against any liability, loss,

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
claim or proceeding consequent upon loss of or damage or to any moveable, or immoveable
property or personal property or property contiguous to the site, whether belonging to or under the
control of the employer or any other body or person, arising out of or in the course of or by reason of
the execution of the works unless due to any act or negligence of any person for whose actions the
employer is legally liable.

(c) The contractor shall upon receiving a contract instruction from the principal agent cause the
same to be made good in a perfect and workmanlike manner at his own cost and in default thereof
the employer shall be entitled to cause it to be made good and to recover the cost therefore from the
contractor or to deduct the same from amounts due to the contractor.

(d) The contractor shall be responsible for the protection and safety of such portions of the premises
placed under his control by the employer for the purpose of executing the works until the issue of
the certificate of practical completion.

(e) Where the execution of the works involves the risk of removal of or interference with support to
adjoining properties including land or structures or any structures to be altered or added to, the
contractor shall obtain adequate insurance and will remain adequately insured or insured to the
specific limit stated in the contract against the death of or injury to persons or damage to such
property consequent on such removal or interference with the support until such portion of the works
has been completed.

(f) The contractor shall at all times proceed immediately at his own cost to remove or dispose of any
debris and to rebuild, restore, replace and / or repair such property and to execute the works.

10.7 Add the following as 10.7:

HIGH RISK INSURANCE

In the event of the project being executed in a geological area classified as a “High Risk Area”, that is an
area which is subject to highly unstable subsurface conditions which might result in catastrophic ground
movement evident by sinkhole or doline formation the following will apply:

10.7.1 Damage to the works

The contractor shall, from the commencement date of the works until the date of the certificate of
practical completion, bear the full risk of and hereby indemnifies and hold harmless the employer
against any damage to and/or destruction of the works consequent upon a catastrophic ground
movement as mentioned above. The contractor shall take such precautions and security measures and
other steps for the protection of the works as he may deem necessary.

When so instructed to do so by the principal agent, the contractor shall proceed immediately to remove
and/or dispose of any debris arising from damage to or destruction of the works and to rebuild, replace
and/or repair the works, at the contractor’s own costs.

10.7.2 Injury to persons or loss of or damage to property

The contractor shall be liable for and hereby indemnifies and holds harmless the employer against any
liability, loss, claim or proceeding arising at any time during the period of the contract whether arising in
common law or by statute, consequent upon personal injuries to or the death of any person whomsoever
resulting from, arising out of or caused by a catastrophic ground movement as mentioned above.

The contractor shall be liable for and hereby indemnifies the employer against any and all liability, loss,
claim or proceeding consequent upon loss of or damage to any moveable, or immovable property or
property contiguous to the site, whether belonging to or under the control of the employer or any other
body or person whomsoever arising out of or caused by a catastrophic ground movement, as mentioned
above, which occurred during the period of construction.

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
10.7.3 It is the responsibility of the contractor to ensure that he has adequate insurance to cover his risk and
liability as mentioned in 10.7.1 and 10.7.2. Without limiting the contractor’s obligations in terms of the
contract, the contractor shall, within twenty-one (21) calendar days of the commencement date but
before commencement of the works submit to the employer proof of such insurance policy, if requested
to do so.

10.7.4 The employer shall be entitled to recover any and all losses and/or damages of whatever nature suffered
or incurred subsequent upon the contractor’s default of his obligations as set out in 10.7.1, 10.7.2 and
10.7.3. Such losses or damages may be recovered from the contractor or by deducting the same from
any amounts still due under this contract or under any other contract presently or hereafter existing
between the employer and the contractor and for this purpose all these contracts shall be considered
on indivisible whole.

15.1.4 Add 15.1.4 as follows:

An acceptable health and safety plan, required in terms of the Occupational Health and Safety Act, 1993
(Act 85 of 1993), within twenty-one (21) calendar days of date of acceptance of the tender.

15.2.1 Under 41: Amend to read as follows:

Give the contractor possession of the site within ten (10) working days of the contractor complying
with the terms of 15.1

20.1.3 No clause.

21 Replace sub-clauses 21.1.2 to 21.1.4 and 21.2 to 21.6 with the following:

The contractor and principal agent shall appoint a selected subcontractor in accordance with the
provisions of the Scope of Work.

29 Clause 29.0 is amended by: -

i) The addition of the following clauses: -

Clause 29.9
“Revision to the date for practical completion shall only be considered when work on the critical
path of the agreed programme for the works is delayed.”

ii) Clause 29.10 – Acceleration

Clause 29.10.1
Irrespective of whether or not the principal agent rules that the contractor is entitled to an
extension of time or a revision of the date for practical completion, the principal agent shall
nevertheless, at any time, be entitled to instruct the contractor in writing to accelerate the
progress of the remaining works to ensure that the works are completed by the original date for
practical completion or revised date as the case may be.
Clause 29.10.2
Upon receipt of such instruction, the contractor shall take all necessary steps to ensure that the
works are completed timeously including the provision by him of additional resources, plant,
manpower, etc. and the working overtime or additional overtime beyond that contemplated at the
time of tender (at all times adhering to the regulations and requirements of all authorities) and by
all other adequate and proper means and methods. The contractor shall prove that such steps
are being taken if called upon to do so.

Clause 29.10.3
The contractor’s entitlement to compensation arising out of or in respect of any revision to the
date for practical completion that may have been granted by the principal agent or
alternatively where the principal agent has instructed the contractor to accelerate, shall be
adjudicated strictly in terms of clause 32.

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
30.1 Replace reference to 36.3 at end of sentence with 36.0

31.12 Delete “Payment shall be subject to the employer giving the contractor a tax invoice for the amount
due.”

32.5.1 Add the following to the end of each of these clauses: “… due to no fault of the contractor.”
32.5.4
32.5.7

32.12 Delete sub-clause

34.2 Add # next to 34.2

34.13 Replace “seven (7) calendar days” with “thirty-one (31) calendar days” and delete the words “subject to
the employer giving the contractor a tax invoice for the amount due”

36.1 Add the following clauses 36.1.3 to 36.1.5 under 36.1 to read as follows:

36.1.3 The contractor’s refusal or neglect to comply strictly with any of the conditions of contract.

36.1.4 The contractor’s estate being sequestrated, liquidated or surrendered in terms of the insolvency laws in
force with the Republic of South Africa.

36.1.5 The contractor, in the judgment of the employer, has engaged in corrupt or fraudulent practices in
competing for or in executing the contract.

36.3 Replace “principal agent” with “employer”.

37.3.5 Replace “ninety (90)” with “one hundred and twenty (120)”.
38.5.4

39.3.5 Add the following words at the end thereof: “within one hundred and twenty (120) working days of
completion of such a report.”

1.1 Delete in the Substitute Provisions (41.0 State Clauses) clause 41.1.3 the definitions for
(41.1.3) CONSTRUCTION PERIOD and INTEREST. Sub-clause 1.1 definitions will apply (see contract data)

10.1 Delete in the Substitute Provisions (41.0 State Clauses) clauses 10.1, 10.2 and 10.4 so that the
10.2 provisions of sub-clauses 10.1, 10.2 and 10.4 of the non-state clauses will apply to the state.
10.4
(41.0)

11.1 Delete in the Substitute Provisions (41.0 State Clauses) clause 11.1 so that the provisions of clause 11.1
(41.0) of the non-state clause will apply to the state.

12.1 Delete in the Substitute Provisions (41.0 State Clauses) clause 12.1 so that the provisions of clause 12.1
(41.0) of the non-state clause will apply to the state and replace “contractor” in clause 10.1 in the Substitute
Provisions (41.0 State Clauses) with “The party responsible in terms of 12.1”

12.2 Amend the first part of the first sentence in clause 12.2 of the Substitute Provisions (41.0 State Clauses)
(41.0) to read “Where the contractor is responsible for insurances, the contractor shall ………”

31.11.1 Delete in the Substitute Provisions (41.0 State Clauses) sub-clauses 31.11.1 and 31.11.2 so that the
31.11.2 provisions of sub-clause 31.11.1 of the non-state clause will apply to the state.
(41.0)

36.7 Add in the Substitute Provisions (41.0 State Clauses) as clauses 36.7, 37.5 and 39.5, the following:
37.5 Notwithstanding any clause to the contrary, on cancellation of this agreement either by the employer or
39.5 the contractor, or for any reason whatsoever, the contractor shall on written instruction, discontinue

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
(41.0) with the works on a stated date and withdraw himself from the site. The contractor shall not be entitled to
refuse to withdraw from the works on the grounds of any lien or right of retention or on the grounds of
any other right whatsoever.

40.2.1 Delete in the Substitute Provisions (41.0 State Clauses) clauses 40.2.1, 40.2.2, 40.3, 40.4, 40.5 and 40.6
40.2.2 and replace with the following:
40.3
40.4 40.1 Should any dispute between the employer, his agents or principal agent on the one hand and
40.5 the contractors on the other arise out of this agreement, such dispute shall be referred to
40.6 adjudication.
(41.0)
40.2 Adjudication shall be conducted in accordance with the edition of the JBCC Rules for Adjudication
current at the time when the dispute is declared. The party, which raises the dispute, shall select
three adjudicators from the panel of adjudicators published by the South African Institution of Civil
Engineering or Association of Arbitrators (Southern Africa), determine their hourly fees and
confirm that these adjudicators are available to adjudicate the dispute in question. The other party
shall then select within 7 days one of the three nominated adjudicators, failing which the chairman
for the time being of the Association of Arbitrators (Southern Africa) shall nominate an adjudicator.
The adjudicator shall be appointed in terms of the Adjudicators Agreement set out in C1.4.

40.3 If provided in the schedule, a dispute shall be finally settled by a single Arbitrator to be agreed on
between the parties or, failing such agreement within 28 days after referring the dispute to
Arbitration, an Arbitrator nominated by the chairman for the time being of the Association of
Arbitrators (Southern Africa).Any such reference shall be deemed to be a submission to the
arbitration of a single arbitrator in terms of the Arbitration Act (Act No 42 of 1965, as amended), or
any legislation passed in substitution therefore. In the absence of any other agreed procedure, the
arbitration shall take place in accordance with the Rules for the Conduct of Arbitrations issued by
the Association of Arbitrators (Southern Africa) which are current at the time of the referral to
arbitration. The Arbitrator shall, in his award, set out the facts and the provisions of the contract
on which his award is based.

40.4 If the schedule provides for court proceedings to finally resolve disputes, disputes shall be
determined by court proceedings.

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
The additions to the JBCC Principal Agreement are:
Clause Additions
A1 A1.0 Labour intensive component of the works
A1.1 Payment of labor-intensive component of the works.
Payment for works identified in the Scope of Work as being labor-intensive shall only be made in
accordance with the provisions of the Contract if the works are constructed strictly in accordance with
the provisions of the Scope of Work. Any non-payment for such works shall not relieve the
Contractor in any way from his obligations either in contract or in delict.
A1.2 Applicable labour laws
The Ministerial Determination, Special Public Works Programme, issued in terms of the Basic
Conditions of Employment Act of 1997 by the Minister of Labour in Government Notice N° 35310 04
May 2012, as reproduced below, shall apply to works described in the Scope of Work as being labour
intensive and which are undertaken by unskilled or semi-skilled workers.
1 Introduction
1.1 This document contains the standard terms and conditions for workers employed in
elementary occupations on a Special Public Works Programme (SPWP). These terms and
conditions do NOT apply to persons employed in the supervision and management of a
SPWP.
1.2 In this document –
(a) “department” means any department of the State, implementing agent or contractor;
(b) “employer” means any department, implementing agency or contractor that hires
workers to work in elementary occupations on a SPWP;
(c) “worker” means any person working in an elementary occupation on a SPWP;
(d) “elementary occupation” means any occupation involving unskilled or semi-skilled
work;
(e) “management” means any person employed by a department or implementing
agency to administer or execute an SPWP;
(f) “task” means a fixed quantity of work;
(g) “task-based work” means work in which a worker is paid a fixed rate for performing a
task;
(h) “task-rated worker” means a worker paid on the basis of the number of tasks
completed
(i) “time-rated worker” means a worker paid on the basis of the length of time worked.
2 Terms of Work
2.1 Workers are employed on a temporary basis or contract basis.
3 Normal Hours of Work
3.1 An employer may not set tasks or hours of work that require a worker to work–
(a) more than forty hours in any week;
(b) on more than five days in any week; and
(c) for more than eight hours on any day.
3.2 An employer and worker may agree that a worker will work four days per week. The worker
may then work up to ten hours per day.
4 Meal Breaks
4.1 A worker may not work for more than five hours without taking a meal break of at least thirty
minutes duration.

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Part C1: Agreement and Contract Data Contract data
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4.2 An employer and worker may agree on longer meal breaks.
4.3 A worker may not work during a meal break. However, an employer may require a worker to
perform duties during a meal break if those duties cannot be left unattended and cannot be
performed by another worker. An employer must take reasonable steps to ensure that a
worker is relieved of his or her duties during the meal break.
4.4 A worker is not entitled to payment for the period of a meal break. However, a worker who is
paid on the basis of time worked must be paid if the worker is required to work or to be
available for work during the meal break.
5 Special Conditions for Security Guards
5.1 A security guard may work up to 55 hours per week and up to eleven hours per day.
5.2 A security guard who works more than ten hours per day must have a meal break of at least
one hour or two breaks of at least 30 minutes each.
6 Daily Rest Period
Every worker is entitled to a daily rest period of at least eight consecutive hours. The daily
rest period is measured from the time the worker ends work on one day until the time the
worker starts work on the next day.
7 Weekly Rest Period
Every worker must have two days off every week. A worker may only work on their day off
to perform work which must be done without delay and cannot be performed by workers
during their ordinary hours of work (“emergency work”).
8 Sick Leave
8.1 Only workers who work four or more days per week have the right to claim sick-pay in terms
of this clause.
8.2 A worker who is unable to work on account of illness or injury is entitled to claim one day’s
paid sick leave for every full month that the worker has worked in terms of a contract.
8.3 A worker may accumulate a maximum of twelve days’ sick leave in a year.
8.4 Accumulated sick-leave may not be transferred from one contract to another contract.
8.5 An employer must pay a task-rated worker the worker’s daily task rate for a day’s sick leave.
8.6 An employer must pay a time-rated worker the worker’s daily rate of pay for a day’s sick
leave.
8.7 An employer must pay a worker sick pay on the worker’s usual payday.
8.8 Before paying sick-pay, an employer may require a worker to produce a certificate stating
that the worker was unable to work on account of sickness or injury if the worker is –
(a) absent from work for more than two consecutive days; or
(b) absent from work on more than two occasions in any eight-week period.
8.9 A medical certificate must be issued and signed by a medical practitioner, a qualified nurse
or a clinic staff member authorized to issue medical certificates indicating the duration and
reason for incapacity.
8.10 A worker is not entitled to paid sick-leave for a work-related injury or occupational disease
for which the worker can claim compensation under the Compensation for Occupational
Injuries and Diseases Act.
9 Maternity Leave
9.1 A worker may take up to four consecutive months’ unpaid maternity leave.
9.2 A worker is not entitled to any payment or employment-related benefits during maternity
leave.

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Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
9.3 A worker must give her employer reasonable notice of when she will start maternity leave
and when she will return to work.
9.4 A worker is not required to take the full period of maternity leave. However, a worker may
not work for four weeks before the expected date of birth of her child or for six weeks after
the birth of her child, unless a medical practitioner, midwife or qualified nurse certifies that
she is fit to do so.
9.5 A worker may begin maternity leave –
(a) four weeks before the expected date of birth; or
(b) on an earlier date –
(i) if a medical practitioner, midwife or certified nurse certifies that it is necessary
for the health of the worker or that of her unborn child; or
(ii) if agreed to between employer and worker; or
(c) on a later date, if a medical practitioner, midwife or certified nurse has certified that
the worker is able to continue to work without endangering her health.
9.6 A worker who has a miscarriage during the third trimester of pregnancy or bears a stillborn
child may take maternity leave for up to six weeks after the miscarriage or stillbirth.

10 Family responsibility leave

10.1 Workers, who work for at least four days per week, are entitled to three days paid family
responsibility leave each year in the following circumstances -
(a) when the employee’s child is born;
(b) when the employee’s child is sick;
(c) in the event of a death of –
(i) the employee’s spouse or life partner;
(ii) the employee’s parent, adoptive parent, grandparent, child, adopted child,
grandchild or sibling.
11 Statement of Conditions
11.1 An employer must give a worker a statement containing the following details at the start of
employment –
(a) the employer’s name and address and the name of the SPWP;
(b) the tasks or job that the worker is to perform; and
(c) the period for which the worker is hired or, if this is not certain, the expected duration
of the contract;
(d) the worker’s rate of pay and how this is to be calculated;
(e) the training that the worker will receive during the SPWP.
11.2 An employer must ensure that these terms are explained in a suitable language to any
employee who is unable to read the statement.
11.3 An employer must supply each worker with a copy of these conditions of employment.
12 Keeping records
12.1 Every employer must keep a written record of at least the following –
(a) the worker’s name and position;
(b) in the case of a task-rated worker, the number of tasks completed by the worker;
(c) in the case of a time-rated worker, the time worked by the worker;

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(d) payments made to each worker.
12.2 The employer must keep this record for a period of at least three years after the completion
of the SPWP.
13 Payment
13.1 An employer must pay all wages at least monthly in cash or by cheque or into a bank
account.
13.2 A worker may not be paid less than the minimum wage rate of R95 per day or per task. This
will be adjusted annually on the 1 st of November in line with inflation (available CPI as
provided by Stats SA six (6) weeks before implementation)
13.3 A task-rated worker will only be paid for tasks that have been completed.
13.4 An employer must pay a task-rated worker within five weeks of the work being completed
and the work having been approved by the manager or the contractor having submitted an
invoice to the employer.
13.5 A time-rated worker will be paid at the end of each month.
13.6 Payment must be made in cash, by cheque or by direct deposit into a bank account
designated by the worker.
13.7 Payment in cash or by cheque must take place –
(a) at the workplace or at a place agreed to by the worker;
(b) during the worker’s working hours or within fifteen minutes of the start or finish of
work;
(c) in a sealed envelope which becomes the property of the worker.
13.8 An employer must give a worker the following information in writing –
(a) the period for which payment is made;
(b) the numbers of tasks completed or hours worked;
(c) the worker’s earnings;
(d) any money deducted from the payment;
(e) the actual amount paid to the worker.
13.9 If the worker is paid in cash or by cheque, this information must be recorded on the
envelope and the worker must acknowledge receipt of payment by signing for it.
13.10 If a worker’s employment is terminated, the employer must pay all monies owing to that
worker within one month of the termination of employment.
14 Deductions
14.1 An employer may not deduct money from a worker’s payment unless the deduction is
required in terms of a law.
14.2 An employer must deduct and pay to the SA Revenue Services any income tax that the
worker is required to pay.
14.3 An employer who deducts money from a worker’s pay for payment to another person must
pay the money to that person within the time period and other requirements specified in the
agreement law, court order or arbitration award concerned.
14.4 An employer may not require or allow a worker to –
(a) repay any payment except an overpayment previously made by the employer by
mistake;
(b) state that the worker received a greater amount of money than the employer actually
paid to the worker; or

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
(c) pay the employer or any other person for having been employed.
15 Health and Safety
15.1 Employers must take all reasonable steps to ensure that the working environment is healthy
and safe.
15.2 A worker must –
(a) work in a way that does not endanger his/her health and safety or that of any other
person;
(b) obey any health and safety instruction;
(c) obey all health and safety rules of the SPWP;
(d) use any personal protective equipment or clothing issued by the employer;
(e) report any accident, near-miss incident or dangerous behavior by another person to
their employer or manager.
16 Compensation for Injuries and Diseases
16.1 It is the responsibility of the employers (other than a contractor) to arrange for all persons
employed to be covered in terms of the Compensation for Occupational Injuries and
Diseases Act, 130 of 1993.
16.2 A worker must report any work-related injury or occupational disease to their employer or
manager.
16.3 The employer must report the accident or disease to the Compensation Commissioner.

16.4 An employer must pay a worker who is unable to work because of an injury caused by an
accident at work 75% of their earnings for up to three months. The employer will be
refunded this amount by the Compensation Commissioner. This does NOT apply to injuries
caused by accidents outside the workplace such as road accidents or accidents at home.
17 Termination
17.1 The employer may terminate the employment of a worker for good cause after following a
fair procedure.
17.2 A worker will not receive severance pay on termination.
17.3 A worker is not required to give notice to terminate employment. However, a worker who
wishes to resign should advise the employer in advance to allow the employer to find a
replacement.
17.4 A worker who is absent for more than three consecutive days without informing the
employer of an intention to return to work will have terminated the contract. However, the
worker may be re-engaged if a position becomes available for the balance of the 24-month
period.
17.5 A worker who does not attend required training events, without good reason, will have
terminated the contract. However, the worker may be re-engaged if a position becomes
available for the balance of the 24-month period.
18 Certificate of Service
18.1 On termination of employment, a worker is entitled to a certificate stating-
(a) the worker’s full name;
(b) the name and address of the employer;
(c)
(d) the work performed by the worker;
(e) any training received by the worker as part of the SPWP;

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
(f) the period for which the worker worked on the SPWP;
(g) any other information agreed on by the employer and worker.
A2

A3
A4 A4.0 Attendance to Domestic Sub-Contractors in terms of clauses A2 above
A4.1 The attendance of to the Domestic Sub-Contractor appointed in terms of clauses A2 above shall be
priced under the relevant specific preliminaries item in the Preliminaries Section of the Bills of
Quantities.

A5 A5.0
A5.1
A6 A6.0 Expanded Public Works Programme
A6.1 The Contractor will be required to employ staff which satisfies the EPWP requirements as per the
Guidelines for the implementation of labor-intensive infrastructure projects.

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
Part 1: Contract Data Completed by the Employer

Part 2: Contract Data completed by the Contractor

Clause Item and data

1.2
The name of the Contractor is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
The address of the contractor is:
Telephone: . . . . . . . . . . . . . . . . . . . . . . . . . . .
Facsimile: ...........................
Address (physical): ...........................
...........................
...........................
Address (postal): ...........................
...........................
...........................

Contract C1.2
Part C1: Agreement and Contract Data Contract data
BID No IDTMPU-CON-WP3.1B/1DOE PROG
INDEPENDENT DEVELOPMENT TRUST

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL, SIPHUMELELE

PRIMARY SCHOOL AND MBALENHLE SECONDARY SCHOOL

ADJUDICATOR’S AGREEMENT
This agreement is made on the . . . . . . . . day of . . . . . . . . . . . . . . . between:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of company / organisation)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (address) and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of company / organisation)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (address)
(the Parties) and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (address)
(the Adjudicator).

Disputes or differences may arise/have arisen* between the Parties under a Contract dated . . . . . . . .
and known as. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and these disputes or differences shall be/have been* referred to adjudication in accordance with the
JBCC 2000 Adjudication Rules, (hereinafter called "the Procedure") and the Adjudicator may be or
has been requested to act.
* Delete as necessary

IT IS NOW AGREED as follows:

1 The rights and obligations of the Adjudicator and the Parties shall be as set out in the JBCC 2000
Adjudication Rules.
2 The Adjudicator hereby accepts the appointment and agrees to conduct the adjudication in
accordance with the JBCC 2000 Adjudication Rules.
3 The Parties bind themselves jointly and severally to pay the Adjudicator's fees and expenses as
set out in the Contract Data.
4 The Parties and the Adjudicator shall at all times maintain the confidentiality of the adjudication
and shall endeavour to ensure that anyone acting on their behalf or through them will do likewise,
save with the consent of the other Parties which consent shall not be unreasonably refused.
5 The Adjudicator shall inform the Parties if he intends to destroy the documents which have been
sent to him in relation to the adjudication and he shall retain documents for a further period at the
request of either Party.

Contract C1.4
Part C1: Agreement and Contract Data Adjudicator’s appointment
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
SIGNED by: SIGNED by: SIGNED by:
Name: Name: Name:
ID: ID: ID:
who warrants that he / she is who warrants that he / she is the Adjudicator in the
duly authorized to sign for and duly authorized to sign for presence of
on behalf of the first Party in and behalf of the second
the presence of Party in the presence of

Witness Witness: Witness:

Name: Name Name:
Address: Address: Address:

Date: Date: Date:

Contract Data

1 The Adjudicator shall be paid at the hourly rate of R. . . . . . . . . . . . in respect of all time
spent upon, or in connection with, the adjudication including time spent traveling.
2 The Adjudicator shall be reimbursed in respect of all disbursements properly made
including, but not restricted to:
(a) Printing, reproduction and purchase of documents, drawings, maps, records and
photographs.
(b) Telegrams, telex, faxes, and telephone calls.
(c) Postage and similar delivery charges.
(d) Travelling, hotel expenses and other similar disbursements.
(e) Room charges.
(f) Charges for legal or technical advice obtained in accordance with the Procedure.
3 The Adjudicator shall be paid an appointment fee of R . . . . . . . . . . . . . This fee shall become
payable in equal amounts by each Party within 14 days of the appointment of the Adjudicator,
subject to an Invoice being provided. This fee will be deducted from the final statement of any
sums which shall become payable under item 1 and/or item 2 of the Contract Data. If the final
statement is less than the appointment fee the balance shall be refunded to the Parties.
4 The Adjudicator is/is not* currently registered for VAT.
5 Where the Adjudicator is registered for VAT it shall be charged additionally in accordance with
the rates current at the date of invoice.
6 All payments, other than the appointment fee (item 3) shall become due 31 days after receipt of
invoice,
* Delete as necessary

Contract C1.4
Part C1: Agreement and Contract Data Adjudicator’s appointment
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Contract C1.4
Part C1: Agreement and Contract Data Adjudicator’s appointment
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
INDEPENDENT DEVELOPMENT TRUST

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL, SIPHUMELELE

PRIMARY SCHOOL AND MBALENHLE SECONDARY SCHOOL
C2.1 Pricing Instructions

1 The Bills of Quantities have been drawn up in accordance with the Standard System of Measuring
Building Work (as amended) published and issued by the Association of South African Quantity
Surveyors (Sixth Edition (Revised)), 1999. Where applicable the:

a) Civil engineering work has been drawn up in accordance with the provisions of the latest
edition of SABS 1200 Standardized Specifications for Civil Engineering Works.
b) Mechanical work has been drawn up in accordance with the provisions of the Model Bills of
Quantities for Refrigeration, Air-Conditioning and Ventilation Installations, published by the
South African Association of Quantity Surveyors, July 1990).
c) electrical work has been drawn up in accordance with the provisions of the Model Bills of
Quantities for Electrical Work, published by the South African Association of Quantity
Surveyors, (July, 2005).

2 The agreement is based on the JBCC Series 2000 Principal Building Agreement, prepared by the
Joint Building Contracts Committee, Edition 4.1, and March 2005. The additions, deletions and
alterations to the JBCC Principal Building Agreement as well as the contract specific variables are
as stated in the Contract Data. Only the headings and clause numbers for which allowance must
be made in the Bills of Quantities are recited.

3 Preliminary and general requirements are based on the various parts of the JBCC Series 2000
Preliminaries as prepared by the Joint Building Contracts Committee, Edition 4.1, and March
2005. The additions, deletions and alterations to the various parts of the JBCC Series 2000
Preliminaries as well as the contract specific variables are as stated in the Specification Data in
the Scope of Work. Only the headings and clause numbers for which allowance must be made in
the Bills of Quantities are recited.

4 It will be assumed that prices included in the Bills of Quantities are based on Acts, Ordinances,
Regulations, By-laws, International Standards and National Standards that were published 28
days before the closing date for tenders. (Refer to www.stanza.org.za or www.iso.org for
information on standards).

5 The prices and rates in these Bills of Quantities are fully inclusive prices for the work described
under the items. Such prices and rates cover all costs and expenses that may be required in and
for the execution of the work described in accordance with the provisions of the Scope of Work,
and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the
Contract Data, as well as overhead charges and profit. These prices will be used as a basis for
assessment of payment for additional work that may have to be carried out.

6 The drawings listed in the Scope of Works used for the setting up of these Bills of Quantities are
kept by the quantity surveyor and can be viewed at any time during office hours up until the
completion of the works.

Contract C2.1
Part C2: Pricing Data Pricing Data
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
7 Reference to any particular trademark, name, patent, design, type, specific origin or producer is
purely to establish a standard for requirements. Products or articles of an equivalent standard
may be substituted.

8 The rates contained in the Bills of Quantities will apply irrespective of the final quantities of the
different classes and kinds of work actually executed.

9 Rates for work of similar description occurring in different sections of the Bills of Quantities shall be
identical.

10 An item against which no price is entered will be considered to be covered by the other prices or
rates in the Bills of Quantities. A single lump sum will apply should a number of items be grouped
together for pricing purposes.

11 Where any item is not relevant to this specific contract, such item is marked N/A (signifying “not
applicable”)

12 The Contract Data and the standard form of contract referenced therein must be studied for the full
extent and meaning of each and every clause set out in Section 1 (Preliminary and General) of
the Bills of Quantities

13 The Bills of Quantities is not intended for the ordering of materials. Any ordering of materials,
based on the Bills of Quantities, is at the Contractor’s risk.

14 The amount of the Preliminary and General Section to be included in each monthly payment
certificate shall be assessed as an amount prorated to the value of the work duly executed in the
same ratio as the preliminaries bears to the total of prices excluding any contingency sum, the
amount for the Preliminary and General Section and any amount in respect of contract price
adjustment provided for in the contract.

15 Where the initial contract period is extended, the monthly charge shall be calculated on the basis
as set out in 14 but taking into account the revised period for completing the works.

16 The amount or items of the Preliminary and General Section shall be adjusted to take account of
the theoretical financial effect which changes in time or value (or both) have on this section. Such
adjustments shall be based on adjustments in the following categories as recorded in the Bills of
Quantities:

a) an amount which is not to be varied, namely Fixed (F)

b) an amount which is to be varied in proportion to the contract value, namely Value Related
(V); and
c) an amount which is to be varied in proportion to the contract period as compared to the initial
construction period excluding revisions to the construction period for which no adjustment to
the contractor is not entitled to in terms of the contract, namely Time Related (T).

17 Where no provision is made in the Bills of Quantities to indicate which of the three categories in 12
apply or where no selection is made, the adjustments shall be based on the following breakdown:

a) 10 percent is Fixed;
b) 15 percent if Value Related

Contract C2.1
Part C2: Pricing Data Pricing Data
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
c) 75 percent is Time Related.

18 The adjustment of the Preliminary and General Section shall apply notwithstanding the actual
employment of resources in the execution of the works. The contract value used for the
adjustment of the Preliminary and General Section shall exclude any contingency sum, the
amount for the Preliminary and General Section and any amount in respect of contract price
adjustment provided for in the contract. Adjustments in respect of any staged or sectional
completion shall be prorated to the value of each section.

19 All work is to be constructed using labor-intensive methods. The use of plant to provide such
works, other than plant specifically provided for in the scope of works, is a variation order to the
contract

20 Payment for items, which are designated to be constructed under labour-intensively, will not be
made unless they are constructed using labor-intensive methods. Any unauthorized use of plant
to carry out work which was to be done labour-intensively will not be condoned and any works so
constructed will not be certified for payment.

21 The tenderer is to acquaint himself as to the specific requirements of this tender as contained in
additional clauses A1 to A6 to the JBCC Principal Agreement as incorporated in the Contract
Data. These clauses may be priced under the relevant Preliminaries items in SECTION C:
SPECIFIC PRELIMINARIES of the Preliminaries Bill. No claim will be entertained due to the
failure of the tenderer to allow for these requirements

23 Payment to the contractor to accommodate Part/Full Occupational qualification and Trade

qualifications
The employer shall include the following statement in the pricing assumptions:
The contractor shall apportion the learners in the different construction activities based on the
scope of work. The cost of accommodating learners will be determined by using Table 3 in the
Standard and this cost will be used to determine the value in Rand and will be added
to the provision for training as provided for in the Preliminary and General section in the Bill of
Quantities/Pricing schedules/Activity schedule.

24 Payment to the contractor for supervision and mentoring Part/Full Occupational

qualification and Trade qualifications learners
The employer shall make no provision for an additional payment item for the payment of the
supervisor and/or mentors for the provision of training as provided for in the Preliminary and
General section in the Bill of Quantities/Pricing schedules/Activity schedule for the training of
part/full time occupational learners and/or trade qualification learners.

Contract C2.1
Part C2: Pricing Data Pricing Data
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
INDEPENDENT DEVELOPMENT TRUST

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL, SIPHUMELELE

PRIMARY SCHOOL AND MBALENHLE SECONDARY SCHOOL

C2.2 Bills of Quantities (See attachments)

BID No: IDTMPU-CON-WP3.1B/1DOE PROG

INDEPENDENT DEVELOPMENT TRUST

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL, SIPHUMELELE

PRIMARY SCHOOL AND MBALENHLE SECONDARY SCHOOL

C3 Scope of Work
1 DESCRIPTION OF THE WORKS

1.1 Employer’s objectives

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL, SIPHUMELELE

PRIMARY SCHOOL AND MBALENHLE SECONDARY SCHOOL

A SAFE LEARNING AND TEACHING ENVIRONMENT

1.2 Overview of the works

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL, SIPHUMELELE

PRIMARY SCHOOL AND MBALENHLE SECONDARY SCHOOL

1.3 Extent of the works

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL, SIPHUMELELE

PRIMARY SCHOOL AND MBALENHLE SECONDARY SCHOOL

1.4 Location of the works

Lusushwana Secondary School:

The school is located in Dundonald at Empuluzi in Gert Sibande District Municipality, Mpumalanga
Province. Site Coordinates: Longitude: 30,9025 Latitude: -26,25433.

Mbalenhle Secondary School:

The school is located in Slovo Village at Empuluzi in Gert Sibande District Municipality, Mpumalanga
Province. Site Coordinates: Longitude: 30,84905 Latitude: -26,22668.

Siphumelele Primary School:

The school is located in Diepdale at Empuluzi in Gert Sibande District Municipality, Mpumalanga
Province. Site Coordinates: Longitude: 23,83387 Latitude: -26,25433.

BID No: IDTMPU-CON-WP3.1B/1DOE PROG

Temporary works

To be communicated to the winning bidder before construction commences

2 DRAWINGS

N/A

• Architectural drawings

N/A

3 PROCUREMENT

3.1 Preferential procurement procedures

The works shall be executed in accordance with the conditions attached to preferences granted in
accordance with the preferencing schedule.

3.1.1 Requirements for the sourcing and engagement of labour.

3.1.1.1 Labour required for the execution of all labour intensive works shall be engaged strictly in accordance with
prevailing legislation and SANS 1914-5, Participation of Targeted Labour.

3.1.1.2 The rate of pay set for this project is as follows:

Description Daily wage for 8hour Important Note to Bidders

work day (Minimum)

Unskilled labour R 120.00 NB: Bidders are to check and verify

rates used in the area with the local
Semi-skilled labour R 160-00 municipality or regional department of
labour before submitting bid
Skilled labour R 190-00 document.

Supervisor R 230-00

3.1.1.3 Tasks established by the contractor must be such that:

a) the average worker completes 5 tasks per week in 40 hours or less; and
b) the weakest worker completes 5 tasks per week in 55 hours or less.

3.1.1.4 The contractor must revise the time taken to complete a task whenever it is established that the time taken to
complete a weekly task is not within the requirements of 3.1.1.3.

3.1.1.5 The Contractor shall, through all available community structures, inform the local community of the labour
intensive works and the employment opportunities presented thereby. Preference must be given to people
with previous practical experience in construction and / or who come from households:
a) where the head of the household has less than a primary school education;
b) that have less than one full time person earning an income;

BID No: IDTMPU-CON-WP3.1B/1DOE PROG

c) where subsistence agriculture is the source of income;
d) those who are not in receipt of any social security pension income

3.1.1.6 The Contractor shall endeavor to ensure that the expenditure on the employment of temporary workers is in
the following proportions:
a) 25 % women;
b) 50% youth who are between the ages of 18 and 25; and
c) 2% on persons with disabilities.

3.1.2 Specific provisions pertaining to SANS 1914-5

3.1.2.1 Definitions

3.1.2.1.1 Targeted labour: Unemployed persons who are employed as local labour on the project.

3.1.2.2

3.1.2.2.1

3.1.2.2.2

3.1.2.3 Terms and conditions for the engagement of targeted labour

3.1.2.3.1 Further to the provisions of clause 3.3.2 of SANS 1914-5, written contracts to be signed between the
Contractor and workers will be in accordance with the pro-forma contract, attached as Addendum D.

3.1.2.3.2 Further to the provisions of clause 5.2 of SANS 1914-5, the Contractor will use the pro-forma attendance
register, attached as Addendum E, to record the required information as per said clause.

3.1.2.4 Variations to the SANS 1914-5

None

3.1.2.5 Training of targeted labour

3.1.2.5.1 The Employer will appoint a service provider that will provide training to the workers. The Contractor need not
to provide for payment of said service provider.

3.1.2.5.2 Workers will receive 2 days training per every 22 working days for the duration of the Contract.

3.1.2.5.3 An allowance equal to 100% of the task rate or daily rate shall be paid by the Contractor to workers who
attend training, in terms of 3.1.2.5.

3.1.2.5.4 Records pertaining to the attendance, progress and performance of trainees will be kept by the Contractor and
made available to the Employer monthly. These records shall be attached to the monthly progress payment
certificates to the Employer.

3.1.2.5.5 The Contractor shall do nothing to dissuade targeted labour from participating in training programmes.

3.2 Subcontracting

BID No: IDTMPU-CON-WP3.1B/1DOE PROG

3.2.1 Scope of mandatory subcontract work
As per the mandatory sub-contracting clause, the Contractor must not sub-contract more than 30%, 10% of
which should be allocated to the IDT CDP contractors between 2GB and 3GB (list per cluster will be provided
upon appointment).
The Contractor shall without delay enter into contracts with the Domestic Subcontractors as submitted on the
returnable schedule and forward a copy of these agreements to the Principal Agent. The Contractor shall
remain responsible for providing the subcontracted portion of the works as if the work had not been
subcontracted.
The Contractor to take note of item 3.2.2 below

3.2.2 Preferred subcontractors / suppliers

3.2.3 Subcontracting procedures

See items 3.2.1 and 3.2.2 as well as tender data

3.2.4 Attendance on subcontractors

Attendance to Domestic Sub-contractors as stated above should be priced under the relevant items in the
Preliminaries section of the bills of quantities. Attendance to nominated sub-contractors should be priced
under the relevant items in the Provisional Sums section of the bills of quantities.

4. MANAGEMENT

4.1 Recording of weather

The Contractor shall erect an effective rainfall gauge on the site and record the daily rainfall figures in a
book. Such book shall be handed to the employer’s representative for his signature no later than 12 days
after rain that is considered to justify an extension of time occurs.

4.2 Unauthorized persons

The Contractor shall keep unauthorized persons from the works at all times. Under no circumstances may
any person except guards be allowed to sleep on the building site.

4.3 Management meetings

The Employer’s Representative and the Contractor shall hold meetings relating to the progress of the works at regular
intervals and at other such times as may be necessary. The Contractor shall attend all site meetings and shall ensure
that all persons under his jurisdiction are notified timeously of all site meetings should the Employer’s Representative
require their attendance at such meetings.

The Contractor shall keep on site a set of minutes of all site meetings, daily records of resources (people and
equipment employed), a site instruction book, a complete set of contract working drawings and a copy of the
procurement document and make these available at all reasonable times to all persons concerned with the contract.

4.4 Forms for contract administration

The Contractor shall be required to submit an updated contractor monthly report during site meetings, which will be
used by the consultant to update the client.

4.5 Payment certificates

BID No: IDTMPU-CON-WP3.1B/1DOE PROG

The Contractor to ensure that the VAT invoice required with each certificate is delivered timeously. The date of the
certificate will be that of the date when the certificate is received by the consultant.

The Contractor to ensure timeous submission of all required documentation for the expedient processing of payment
certificates, as required by the client, eg BAS entity forms, company registration details, VAT clearance certificates,
etc. The Contractor is responsible for such documentation submission.

4.6 Addenda

4.6.1 Occupational Health and Safety Regulations (ADDENDUM A)

4.6.2 Standard Occupational Health and Safety Specification (ADDENDUM B)
4.6.3 Environmental Management Plan (ADDENDUM C) (will be made available to the successful bidder)
4.6.4 Pro-forma contract between Contractor and Worker (ADDENDUM D)
4.6.5 Pro-forma Attendance Register (ADDENDUM E)
4.6.6 Contract Person / Days Calculation Format (ADDENDUM F)
4.6.7 Contractor monthly report format (see 4.4 above) also available in electronic format (ADDENDUM G)
4.6.8 Guidelines for the implementation of labor-intensive infrastructure projects under the Expanded Public Works
Programme (ADDENDUM H) (available on the following website www.epwp.gov.za)
4.6.9 Drawings (ADDENDUM I)
4.6.10 IDT Addendum to the JBCC (ADDENDUM J)

BID No: IDTMPU-CON-WP3.1B/1DOE PROG

INDEPENDENT DEVELOPMENT TRUST

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL

C4 Site Information

Location of Lusushwana Secondary School

EMIS NO. SCHOOL NAME LOCATION LATITUDE LONGITUDE

800010884 LUSUSHWANA Bettysgoed Dundonald,
SECONDARY SCHOOL Empuluzi, Gert Sibande -26.25433 30.9025
District Municipality

Contract C4
Part 4 : Site information Site information
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Location of Mbalenhle Secondary School

EMIS NO. SCHOOL NAME LOCATION LATITUDE LONGITUDE

800013631 MBALENHLE Slovo Village,
SECONDARY SCHOOL Empuluzi, Gert Sibande -26.22668 30.84905
Districy Municipality

Location of Siphumelele Combined Primary School

Contract C4
Part 4 : Site information Site information
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
EMIS NO. SCHOOL NAME LOCATION LATITUDE LONGITUDE
800021287 SIPHUMELELE Diepdale, Empuluzi,
COMBINED PRIMARY Gert Sibande Districy -26.25433 23.83387
SCHOOL Municipality

Contract C4
Part 4 : Site information Site information
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
ADDENDUM A

ADDENDUM A

Occupational Health and Safety Regulations

GOVERNMENT NOTICE

DEPARTMENT OF LABOUR

No. R. .................. 7 February 2014

OCCUPATIONAL HEALTH AND SAFETY ACT, 1993

CONSTRUCTION REGULATIONS, 2014

The Minister of Labour has under section 43 of the Occupational Health and Safety Act, 1993 (Act No. 85
of 1993), after consultation with the Advisory Council for Occupational Health and Safety, made the
regulations in the Schedule.

Contract Addendum A
Occupational Health and Safety Regulations
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
ADDENDUM A

OCCUPATIONAL HEALTH AND SAFETY ACT, 1993

Regulation 3 of the Construction Regulations, 2014

NOTIFICATION OF CONSTRUCTION WORK

1.(a) Name and postal address of principal contractor:

_____________________________________________________________________
(b) Name and tel. no of principal contractor’s contact person:
_____________________________________________________________________

2. Principal contractor’s compensation registration number: ___________________________

3.(a) Name and postal address of client:

_____________________________________________________________________
(b) Name and tel no of client’s contact person or agent:
_______________________________________________________________

4.(a) Name and postal address of designer(s) for the project:

_____________________________________________________________________
(b) Name and tel. no of designer(s) contact person:
_________________________________________________________

5. Name and telephone number of principal contractor’s construction supervisor on site appointed in terms of
regulation 6.(1). ____________________________________________________________

6. Name/s of principal contractor’s sub-ordinate supervisors on site appointed in terms of regulation 6.(2).
______________________________________________________________________
7. Exact physical address of the construction site or site office:
_____________________________________________________________________

8. Nature of the construction work:

______________________________________________________________
______________________________________________________________
______________________________________________________________
9. Expected commencement date: _______________________
10. Expected completion date: ___________________________
11. Estimated maximum number of persons on the construction site.
_____________________

Contract Addendum A
Occupational Health and Safety Regulations
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
12. Planned number of contractors on the construction site accountable to principal contractor:
______________________
13. Name(s) of contractors already chosen.
________________________________________________________________
________________________________________________________________
________________________________________________________________

__________________________ _________________________
Principal Contractor Date

__________________________ _________________________
Client Date

• THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THE DEPARTMENT OF LABOUR PRIOR TO

COMMENCEMENT OF WORK ON SITE.

• ALL PRINCIPAL CONTRACTORS THAT QUALIFY TO NOTIFY MUST DO SO EVEN IF ANOTHER

PRINCIPAL CONTRACTOR ON THE SAME SITE HAD DONE SO PRIOR TO THE COMMENCEMENT OF
WORK.

Contract Addendum A
Occupational Health and Safety Regulations
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Addendum B

ADDENDUM B

Occupational Health and Safety Specification

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL

INDEPENDENT DEVELOPMENT TRUST

(Hereinafter referred to as the Employer)

OCCUPATIONAL HEALTH AND SAFETY SPECIFICATION

This specification shall be used in conjunction with all other applicable safety specifications, legislation
and regulations in force at the time of the contract. Where unique site specifications are in force, those site
specifications shall take precedence over this Specification.

The Independent Development Trust (IDT)

30 Brown Street
9th Floor Nedbank Building
Nelspruit
1200

Contact:
Name: Mr S Matu
Email: [email protected]:

Contract Addendum B
Occupational Health and Safety Specification
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
ADDENDUM “A”

PRO-FORMA AGREEMENT IN TERMS OF OCCUPATIONAL HEALTH AND SAFETY ACT

1993

Contract Addendum B
Occupational Health and Safety Specification
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
PRO-FORMA AGREEMENT IN TERMS OF

OCCUPATIONAL HEALTH AND SAFETY ACT 1993 – SECTION 37 (2)

NEW CONSTRUCTION SAFETY REGULATIONS

The above-mentioned regulations were promulgated in the Govt. Gazette on Friday, 18 July
2014 under the Occupational Health & Safety Act (85 of 1993) and are now in force.

The Employer and the Contractor hereby agree, in terms of the provisions of Section 37(2) of the
Occupational Health and Safety Act 1993 (Act 85 of 1993, hereinafter referred to as the Act),
that the following arrangements and procedures shall apply between them to ensure compliance
by the Contractor with the provisions of the Act, namely:

(a) The Contractor undertakes to acquaint the appropriate officials and

employees of the Contractor with all the relevant provisions of the Act and the
regulations promulgated in terms of the Act, and the Employer’s Health and
Safety Specifications included in the contract documents.

(b) The Contractor undertakes that all relevant duties, obligations and prohibitions
imposed in terms of the Act and Regulations and the Employer’s Health and
Safety Specifications included in the contract documents will be complied with in
all respects.

(c) In relation to any work or activity performed by the Contractor, his workmen or
any other person for whose acts or omissions the Contractor is responsible in
terms of the Contract, the Contractor hereby accepts sole liability for such due
compliance with the relevant duties, obligations and prohibitions imposed by the
Act and Regulations and expressly absolves the Employer from itself being
obliged to comply with any of the aforesaid duties, obligations and prohibitions.

(d) The Contractor agrees that any duly authorised officials of the Employer shall be
entitled, although not obliged, to take such steps as may be necessary to ensure
that the Contractor has complied with his undertakings as set out more fully in
paragraphs (a) and (b) above, which steps may include, but will not be limited to,

Contract Addendum B
Occupational Health and Safety Specification
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
the right to inspect any appropriate site or premises occupied by the Contractor,
or to inspect any appropriate records held by the Contractor.

(e) The Contractor shall be obliged to report forthwith in writing to the

Representative/Agent full details of any investigation, complaint or criminal
charge which may arise as a consequence of the provisions of the Act and
Regulations, pursuant to work performed in terms of this Contract.

(f) Forward “safety meeting” minutes to the representative/Agent.

For the Employer: ______ Date: _

Witnesses: 1) : ______ 2)

For the Contractor: ______ Date:

Witnesses: 1) : ______ 2)

Contract Addendum B
Occupational Health and Safety Specification
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
ADDENDUM “B”

NOTIFICATION OF CONSTRUCTION WORK

Contract Addendum B
Occupational Health and Safety Specification
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
NOTIFICATION OF CONSTRUCTION WORK
(Regulation 3 of the Construction Regulations, 2014)

1. CONTRACTOR

1.1 Name and postal address of Contractor:

_________________________________________________________________
_________________________________________________________________
________________________________________

1.2 Name and telephone number of Contractor’s contact person :

_________________________________________________________

1.3 Contractor’s compensation registration number :

_________________________________________________________

1.4 Name and telephone number of Contractor’s Construction Supervisor :

_________________________________________________________

1.5 Physical address of the construction site or site office:

_________________________________________________________________
_________________________________________________________________
_________________________________________

1.5 Estimated number of persons on the construction site:

_________________________________________________________

1.6 Estimated number of Subcontractors on the construction site accountable to the

Contractor:

_________________________________________________________

2. EMPLOYER

2.1 Name and postal address of Employer :

_________________________________________________________________
_________________________________________________________________
_________________________________________

Contract Addendum B
Occupational Health and Safety Specification
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
2.2 Name and telephone number of Employer’s Principal Agent:

_________________________________________________________

3. DESIGN CONSULTANTS

3.1 Name and postal address of design consultants:

3.1.1 Occupational Health and Safety

EQ PROJECTS MANAGERS AND SAFETY SOLUTION

20 Ebden St
Queenstown
5320
Tel: 072 256 0805

3.1.2 Security engineer:

To be appointed at a later stage if necessary

_______________________________________________

3.1.3 Other (if any):

___________________________________________________________
_____________________________________________________
3.2 Name and telephone number of design consultant’s contact person:

3.2.1 Construction project managers/ Principal Agent:

AS PER ABOVE 3.1 ______________________

3.2.2 Architects:

AS PER ABOVE 3.1

3.2.3 Structural engineer :

AS PER ABOVE 3.1

3.2.4 Electrical engineer:

AS PER ABOVE 3.1

3.2.5 Mechanical engineer:

Contract Addendum B
Occupational Health and Safety Specification
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
AS PER ABOVE 3.1

3.2.6 Civil engineer:

AS PER ABOVE 3.1

3.2.7 Security engineer:

To be appointed at a later stage if necessary_____________

3.2.8 Other (if any):

4. THE WORKS

Nature of the works:

CONDITIONED BASED MAINTENANCE AT LUSUSHWANA SECONDARY SCHOOL

Commencement date:

_________________________________________________________

Completion date:

_________________________________________________________

Contractor: _________ Date: _

Employer: __________ Date: _

THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THE DEPARTMENT

OF LABOUR PRIOR TO COMMENCEMENT OF WORK ON SITE.

ALL CONTRACTORS THAT QUALIFY TO NOTIFY MUST DO SO EVEN IF ANOTHER

CONTRACTOR ON THE SITE HAD DONE SO PRIOR TO THE COMMENCEMENT OF
WORK.

Contract Addendum B
Occupational Health and Safety Specification
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Addendum C

ADDENDUM C

Environmental Management Plan

TO BE PROVIDED BY THE SUCCESSFUL TENDERER

Contract 116 Addendum C

Environmental Management Plan
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Addendum I

ADDENDUM I

Drawings

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
Addendum J

ADDENDUM J

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
IDT Addendum to the JBCC

ADDENDUM

To the

THE JBCC PRINCIPAL BUILDING

AGREEMENT

NAME OF PROJECT: ---------------------------------------------------------------------------------

---------------------------------------------------------------------------------
---------------------------------------------------------------------------------
---------------------------------------------------------------------------------

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
INTRODUCTION

WHEREAS, the Independent Development Trust (“IDT”) made an Offer of Appointment and the
Contractor has accepted such appointment subject to the conditions stipulated in the aforesaid Offer of
Appointment Letter, which conditions include signing of the JBCC Agreement, Edition
………………………. (hereinafter referred to as “Main Agreement”).

AND WHEREAS, this addendum shall form part of the Main Agreement between the Employer and the
Contractor.

1. ADDENDUM TO THE MAIN AGREEMENT

1.1 This Agreement will constitute an Addendum to the Main Agreement as contemplated
herein;

1.2 The Terms of Reference, Accepted Proposal or Tender, Standard Conditions of Tender,
Special Conditions of Tender and adjusted Priced Bills of Quantities shall form part of the
agreement between the Contractor and the Employer;

1.3 This Addendum will be deemed to incorporate, with or without variation, all the
provisions of the Main Agreement, unless the context clearly requires otherwise;

1.4 All words and phrases used in this Addendum which are defined in the Main Agreement,
will bear the same meaning assigned to them in the Main Agreement; and

1.5 All references in the Main Agreement to “the/this Agreement” itself, will be deemed to be
references also to the Main Agreement duly amended by this Addendum.

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
1.6 Interpretations and Definition

1.6.01 Financial Implications shall means the variation amount over and above the
awarded contract sum.

2. SPECIAL CONDITION

If there is any conflict between the contents or any part of this Addendum and the contents or any
part of the Main Agreement and other annexures, the content of this Addendum shall prevail.

3. WAIVER OF CONTRACTOR’S LIEN

3.1 The Contractor hereby waives, in favour of the Employer, any lien or right of
retention that is or may be held in respect of the Works to be executed on the
Site.
3.2 The Employer, as an Organ of State, shall not be required to provide payment
guarantees.

4. ASSIGNMENT OF RIGHTS OR OBLIGATIONS

4.1 Neither party shall assign or cede rights or obligations without the written consent
of the other party, which consent shall not be unreasonable withheld.

4.2 Where the Contractor intend to cedes any right to monies due or to become due
under this agreement as security in favour of a financial institution, a written
consent in accordance with clause 4.1 above, shall be obtained from the
Employer prior to entering into such cession.

4.3 Any cession entered into without the necessary written consent from the either
party, shall be null and void.

4.4 The Employer shall not consent to a cession of monies due or to become due
under this agreement as security in favour of a financial institution, unless such
financial institution submitted to the IDT a Valid Tax Clearance Certificate, is
registered as a credit provider in terms of the National Credit Act and as a vendor
in the IDT’s Vendor Management System.

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
5 INTERIM PAYMENT

5.1 The Employer shall, in accordance with clause 8.2.3 of the treasury regulation of
March 2005, pay to the Contractor the amount certified in an interim payment
certificate within thirty (30) calendar days of the date of submission of the
payment certificate”.

5.2 Default interest, where applicable, shall only be effective after the 30 calendar
days of the date of receipt of the interim payment certificate from the Principal
Agent.

5.3 The Employer shall be entitled to apply a set-off against a legitimate and liquid
claim against the Contractor from which a valid invoice has been received.

6 TAX COMPLIANCE MEAUSRES

6.1 The Contractor hereby grant confirmation that SARS may, on on-going basis
during the contract term, disclose the Contractor’s tax compliance status to the
employer.

6.2 Should the Contractor appoint a sub-contractor to execute a portion of a work in

excess of the threshold (currently 25%) prescribed by the National Treasury, the
Contractor must ensure that a sub-contractor is tax complaint and remains tax
compliant for the full duration of the contract. The contractor shall obtain a written
consent from its sub-contractors confirming that SARS may on on-going basis
during the contract term, disclose the sub-contractor’s tax compliance status to
the employer.

6.3 The Contractor shall submit a valid tax clearance certificate within 10 working
days from the date of expiry of the tax clearance certificate. The Employer
reserve the right to demand a valid Tax Clearance Certificate prior to making any

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
payment to the Contractor, should it become aware that the tax clearance
corticated has expired.

6.4 Unless the Employer receive a written confirmation that the Contractor has
challenged its tax compliance status with SARS, the Employer shall not process
any payment to the Contractor, if 30 days has lapsed since the written notice by
the Employer and the Contractor has failed to remedy its tax compliance status.

6.5 Employer’s non-payment of the Contractor’s invoice in accordance with clause

6.4 above shall not absolve the contractor from performing its obligation in terms
of the contract.

6.6 Unless the Employer receives a written confirmation that the Contractor or sub-
Contractor has challenged its tax compliance status with SARS, the Employer
shall be entitled to cancel the contract with the Contractor or instruct the
Contractor to cancel its contract with the Sub-Contractor.

6.7 Where a Contractor is a JV, each party to a JV must be tax complaint and
remains tax compliant for the full duration of the contract, failing which, the
Employer shall invoke paragraph 6.4 or 6.6 above.

7. APPROVAL OF VARIATION ORDERS

7.1 Upon receipt of the Variation Order (VO), the Principal Agent must professionally
consider the merits of the Variation Order and make a recommendation to the
Employer.

7.2 The Principal Agent shall not have the power to approve any deviation or
variation which has financial implications on the Employer without the necessary
written approval of the Employer, except under emergency circumstances
wherein failure to undertake the work may result in loss of life.

7.3 The Employer must communicate the approval of a Variation Order in writing to
the Principal Agent and the Principal Agent shall, upon receipt of confirmation of
the approval of the VO, issue the necessary Contract Instruction to the contractor
to undertake the works.
Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
7.4 The Contractor shall not commence with any Variation Order Works without the
written approval of the Variation Order from the Employer, except under
circumstances mentioned in paragraph 7.2 above.

7.5 Should the Contractor undertakes the Variation Order Works without the
necessary written approval of the Variation Order from the Employer, the
Contractor shall be entirely liable for any financial and any related implications
and hereby indemnify and hold harmless the Employer from and against any and
all claims, actions, damages, liabilities, injuries, costs, fees, expenses, or losses,
including and without limitation, reasonable attorney’s fees and costs of
investigation and litigation, whatsoever which may be incurred by, or for which
liability may be asserted against, the Employer arising out of the Contractor’s
performance or non-performance of unauthorized works, but only to the extent
caused by the negligent acts, errors or omissions of the Contractor.

7.6 The Contractor shall not accept any instructions from any party, including
beneficiary Department, other than the Principal Agent.

8. JOINT VENTURE AGREEMENT

8.1 Should the Joint Venture Agreement be dissolved or any of the JV partner pull out

the JV Agreement for any reasons whatsoever, the Employer hereby reserve its

right to terminate the contract with immediate effect.

8.2 Should the Employer decide not to terminate the contract upon the dissolution of

the JV Agreement and the replacement JV partner does not meet the BBBEE

threshold stipulated in the tender document, the IDT shall be entitled to cancel the

contract with immediate effect.

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
8.3 Should the BBBEE status of the Joint Venture be changed to a lower rate than

the bidding rate, based on legislation applicable at the closing date of the

8.4 tender, the IDT shall be entitled to cancel the contract.

9. BREACH

9.1 In the event that the contractor: -

9.1.1 commits an act of insolvency; or

9.1.2 is placed under a provisional or final winding-up or judicial management

order; or

9.1.3 is placed under or applied for business rescue; or

9.1.4 makes an assignment of more than 25% of either its right and/or its
obligation for the benefit of the third arty without the written consent of the
employer; or

9.1.5 the Contractor is registered or fails to renew his registration with the CIDB
or changes directorship during the course of the project, resulting in the
contravention of BBBEE statutory requirement; or

9.1.6 fails to satisfy or take steps to have set aside any judgment taken against
it within 14 (Fourteen) business days after such judgment has come to its
notice,

then the other Employer will be entitled to terminate the Agreement on written
notice.
Signed at …………………… on this the ………… day of ………………………...202……B.

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG
AS WITNESSES:

1. __________________________ ____________________________
For and on behalf of the Employer:
(………………………….), in his/her
capacity as the ---------------------------

2. __________________________ ____________________________
For and on behalf of the Employer:
(…………………………….),in his/her
capacity as the ---------------------------------
-------------------------------------------.

Signed at …………………… on this the ………… day of ………………………202…

AS WITNESSES:

3. __________________________
f

4. __________________________ ____________________________
For and on behalf of the Contractor:
………………………………………….in
his/her capacity as
………………………………………, who
hereby confirm that he/she is duly
authorized.

Contract Addendum J
BID No: IDTMPU-CON-WP3.1B/1DOE PROG

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