airports company of south africa rfb reference number: cia .... cia 52 - 2016... · page 5 of 59...

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REQUEST FOR BID (RFB) for Professional Consultancy Services to undertake baseline studies, partner in the development of an urban design plan, land use enablement and rezoning of the Swartklip Site

Airports Company of South Africa

RFB reference number: CIA 52 2016

BID SUBMISSION DEADLINE: 22 January 2018

Bidding Company Name

Representative Name

CSD Registration Number

Signature

Date

RFB Timelines

Bid Invitation 16 October 2017

Compulsory Briefing Session will be held on the

20th November 2017.

Briefing

Presentation

Site Inspection

Cape Town

International

Southern Office

Block

Old Denel

Administration

Building,

Morgenster &

Swartklip Roads

Interchange,

Mandalay

Enquiries closing date and time 16 January 2018 at 12 noon

RFB submission closing date and time 22 January 2018 at 12 noon

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INDEX

Section 1: Instructions to Bidders

1.1 Obtain RFB document

1.2 Submission of response

1.3 Alternative Bids

1.4 Late Bids

1.5 Clarification and Communication

1.6 Bid Responses

1.7 Disclaimers

1.8 No Contact Policy

1.9 Conflict of Interest

1.10 Validity period

1.11 Confidentiality of information

1.12 Anti-Corruption Hotline

Section 2: Submission of Proposal/Bid

2.1 Terms and conditions

2.2 Response format and content

Section 3: Background, Purpose and Scope of work

3.1 Background

3.2 Purpose

3.3 Scope of works

Section 4: Preference Points and Price

4.1 Preference Points Claims

4.2 The Maximum Points for Bid

4.3 Definitions

4.4 Adjudication Using a Point System

4.5 Award of Business where Bidders have scored equal Points Overall

4.6 Points Awarded for Price

4.7 Points Awarded for B-BBEE Status Level of Contribution

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Section 5: Evaluation Criteria

5.1 Overview

5.2 Evaluation Approach

5.3 Pre-qualification Criteria

5.4 Mandatory Requirements

5.5 Functionality/ Technical

5.6 Price and B-BBEE

Section 6: Insurance Requirements

Section 7: Mandatory Returnable Documents / Information

Appendix A Declaration form

Appendix B Declaration of forbidden practices form

Appendix C Acceptance of RFB terms and conditions

Appendix D Pricing Schedule

Appendix E Tax Matters Confirmation

Appendix F B-BBEE Certificate

Appendix G Schedule of Bidder’s Experience

Appendix H CSD Registration

Appendix I SBD 6.1 – B-BBEE Declaration

Appendix J SBD 6.2 – Local Content

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SECTION 1: INSTRUCTIONS TO BIDDERS

1.1 Obtain RFB documents and Briefing Session

Bid documents will be available at National Treasury website (e-tender) as from 16 October 2017.

Award can only be made to Bidders who are registered with National Treasury (CSD) and whose

Tax Matters has been declared in order by SARS.

A Briefing Session will be compulsory.

1.2 Submission of response

Bidders must submit bid documentation bound in envelopes/files together with an electronic copy. The

envelope/file must be clearly marked on the outside with the following details:

• ACSA Location where the tender will close

• Bidding entity’s name

• Bidding entity’s return address

• Full description of the tender and tender reference number

The documents must be kept in the sequence and format they have been issued, signed and completed

by a person who has been given authority to act on behalf of the bidding entity. The bottom of each page

of the bid documents must be signed or stamped with the bidder’s stamp as proof that the bidder has read

the bid documents. Bid documents must be submitted before 22 January 2018 using the following

method(s):

Hardcopy submission:

The hardcopy of the bid documents must be deposited into the Tender Box at Cape Town International

Airport located at the address below:

Airports Company South Africa

Ground Floor

Southern Office Block

Reception Area

NB: Four hardcopy Proposals must be handed in (an original printed copy and 3 printed copies of the

original) together with an electronic copy of the bid document on digital media. The original copy will be the

legal and binding copy, in the event of discrepancies between any of the submitted documents; the original

copy will take precedence.

1.3 Alternative Bids

As a general rule, ACSA only accepts bids which have been prepared in response to the tender invitation.

However, for this tender alternative bids will be accepted provided the alternative bid is accompanied by

the original bid response which materially complies with the specifications of this tender invitation. The

alternative bid will only be considered where the bidder has submitted together with its alternative bid, an

offer which materially complies with the requirements of this tender. Alternative bids will also be evaluated

using the pre-determined evaluation criteria stipulated in this tender document.

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1.4 Late Bids

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

1.5 Clarification and Communication

Name: Kamaal Allom

Designation: Buyer

Tel: 021 937 1200

Email: [email protected]

Request for clarity or information on the bid may only be requested until 16 January 2018 at 12 noon. Any

responses to queries or for clarity sought by a bidding entity will also be sent to all the other bidding entities

which have responded to the Request for Proposal invitation.

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

be allowed between the successful bidder and ACSA Business Unit representatives after the approval of a

recommendation to award this tender. Contact will also only be permissible in the case of pre-existing

commercial relations which do not pertain to the subject of this tender.

1.6 Bid Responses

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

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

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

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

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

venture/consortium participating in this bid.

1.7 Disclaimers

It must be noted that ACSA may:

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

b) Split the award of this tender;

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

d) Award the tender to a bidder other than the highest scoring bidder where objective criteria allow;

e) Cancel this tender;

f) ACSA does not take any responsibility for expenses or loss, which may be incurred by any bidder

in preparation of this bid.

1.8 No Contact Policy

Neither Bidders, nor their members (if consortia), nor their respective advisers, may contact officers,

employees or advisers of ACSA, save as provided for in point 1.6 above, in connection with the RFP/RFB

or the submission of bids at any time after the Clarification and Communication closing date. Contact will

however be permissible only in the case of pre-existing commercial relations, in which case contact may

be maintained only in terms thereof. In making such allowed contact, neither Bidders nor their members,

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nor anyone acting on behalf of any Bidder or member, may make reference to this RFB or bid in response

thereto. The “no contact policy” will not apply in relation to any information deemed to be in the public

domain, or which is readily available from organs of state.

1.9 Conflict of Interest

Bidders are required to identify and to disclose as soon as possible any conflict of interest or potential

conflict of interest to ACSA. Bidders should contact ACSA for clarity on whether a conflict of interest actually

exists or not. The existence of a conflict of interest or a failure by a bidder to timeously disclose any such

conflict or part conflict, may result in the bidder’s bid being disqualified.

1.10 Validity Period

In order for ACSA to thoroughly evaluate responses, it requires a validity period of one hundred and twenty

(120) business/working days, therefore the prices which have been quoted by the bidder must remain firm

and valid for such period. It is only in exceptional circumstances where ACSA would accommodate a

proposal to change the prices submitted.

1.11 Confidentiality of Information

ACSA will not disclose any information furnished to ACSA through this tender process to a third party or

any other bidder without the prior written approval of the bidder whose information is sought.

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

Bidders may not disclose any information provided to them as part of this process to any third party without

the prior written approval of ACSA. In the event that the bidder requires to consult with third parties on the

contents of this RFP/RFB document, such third parties must complete and sign confidentiality agreements,

which should be returned to ACSA as part of response submission to this tender process.

1.12 Anti-Corruption Hotline

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

the general public to report any fraud or corruption to:

Airports Company South Africa ANTI-CORRUPTION HOTLINE

Free Call: 0800 00 80 80

Fax: +27 (0)12 664 0307: Fax2e-mail: 086 726 1681: Email: [email protected]

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SECTION 2: SUBMISSION OF RFP/RFB

2.1 Terms and Conditions of RFP/RFB

2.1.1 This RFP/RFB is open to all bidders, registered and duly authorised to provide products and/or

services in South Africa.

2.1.2 Any bids received after the bid submission date and time will not be considered by ACSA and

will therefore be disqualified. These bids will remain unopened until the award of the contract

to the successful bidder has taken place.

2.1.3 Should the bidding entity with a late submission wish to have their bid returned to them, they

must do so in writing. Should a written request for the return thereof not be received within

thirty (30) days of the award of contract, such bid will be destroyed by ACSA.

2.1.4 Except where specifically provided for in this RFP/RFB, a bidder may make no changes to its

bid after the closing time and date.

2.1.5 ACSA reserves the right to award the contract on the basis of the bid submission received

from a bidding entity subject to ACSA’s terms and conditions.

2.1.6 ACSA or their duly appointed representatives shall be the sole adjudicators of the acceptability

and or feasibility of the bids. The decision shall be final and except as required by law or

otherwise, no reason for the acceptance or rejection of any bid will be furnished.

2.1.7 Should the bid be awarded on the strength of information furnished by a bidder, which

information is proved to have been incorrect, in addition to any other legal remedy it may have,

ACSA may at any time during the life of the contract:

(i) Recover from the relevant bidder all costs, losses or damages incurred by it as a result

of the award and/or

(ii) Cancel the award of the bid and/or contract and claim any damages, which it may have

suffered or will suffer as a result of having to make less favourable arrangements.

(iii) The Bidder shall be liable to pay for losses sustained and/or additional costs or

expenditure incurred by ACSA as a result of cancellation. ACSA shall furthermore have

the right to recover such losses, damages or additional costs by way of set off against

monies due or which may become due to the Bidder in terms of the said contract.

2.1.8 All representations, agreements or arrangements arising from bids submitted in terms hereof

(including any negotiations that follow) shall not be binding on ACSA, its officers, employees

or agents unless reduced to writing and signed by a duly authorised representative of ACSA.

2.1.9 ACSA reserves the right to amend the terms and conditions of this RFP /RFB at any time prior

to finalisation of the contract between the parties and shall not be liable to any bidder or any

other person for damages of whatsoever nature which they may have suffered as a result of

such amendment. All bids are submitted at the entire risk of the bidder.

2.1.10 ACSA reserves the right to postpone the closing date for submission of bids or to withdraw the

RFP/RFB at any time without giving rise to any obligation for the responsibility for any loss or

financial damage which may be incurred or suffered by any bidder.

2.1.11 In the case of a joint venture or partnership between service providers, evidence of such joint

venture must be included with the bid submission, either in the form of a Joint Venture

Agreement or Memorandum of Understanding. Alternatively, all the members of the joint

venture may in writing nominate one member of the joint venture to complete and sign the

RFP/RFB on behalf of the joint venture. This written authority must be signed by duly

authorised members of the joint venture and be submitted with the bid.

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2.2 Binding Arbitration Provision

2.2.1 It is a condition of participation in this RFP/RFB process between the bidder and ACSA that should

any dispute or difference arise between the parties, this shall be resolved by a single Arbitrator -

• Concerning the purport or effect of the RFP/RFB documents or of anything required to be done

or performed there under;

• Concerning any aspect of the RFP/RFB process to anything done or decided there under: or

• Concerning the validity of the award of the RFP/RFB to any bidder or the failure to award same

to any Bidder, then such dispute or difference shall be finally resolved by arbitration.

Such arbitration shall be by a single arbitrator who shall be -

• Selected by agreement between the parties, or failing such agreement nominated on the

application of any party by the Arbitration Foundation of Southern Africa (AFSA); and

• The arbitrator shall have power to open up, review and revise any certificate, opinion, decision,

requisition or notice relating to all matters in dispute submitted to him/her and to determine all

such matters in the same manner as if no such certificate, opinion, decision, requisition or

notice had been issued.

2.2.2. Upon every or any such reference, the costs of an incidental to the reference and award shall be

at the discretion of the arbitrator, who may determine the amount of the costs, or direct them to

be taxed as between attorney and client or as between party and party and shall direct by whom

and to whom and in what manner they shall be borne and paid.

2.2.3. The award of the arbitrator shall be final and binding on the parties and any party shall be entitled

to apply to the Courts to have such award made an order of court.

2.2.4. Save as set out in this clause, the arbitration shall be conducted in accordance with the rules of

the Arbitration Foundation of Southern Africa.

2.2.5. The arbitration shall be held in Johannesburg in the English language.

2.2.6. However, nothing in this clause shall preclude any party to the arbitration from seeking

interlocutory relief in any court having jurisdiction pending the institution of a review or other

appropriate proceedings for legal redress.

2.2.7. Such arbitration shall be commenced and concluded within 30 days of the dispute having noted.

2.3 RFB Acceptance

2.3.1. ACSA reserves the right to reject: -

a. Incomplete bids;

b. Late bids;

c. Conditional bids; and

d. Bids that are non-compliant with the procedural and administrative requirements.

2.3.2. This RFP/RFB implies neither obligation to accept the lowest or any bid nor any responsibility for

expenses or loss, which may be incurred by any bidder in preparation of his bid.

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2.3.3. Bidders may include with their bids any descriptive matter, which, if referred to in the RFP/RFB,

will form part of the RFP/RFB. In case of any discrepancy, however, the issued RFP/RFB and

supporting documents and information completed therein by the bidder will be considered as the

valid and binding bid.

2.3.4. Notwithstanding any other provision in this document, no ACSA employee or any person related

to or associated (including spouse, child, cousin, friend) with an ACSA employee may (individually

or through a corporate vehicle which includes a company, close corporate, trust, partnership etc.)

submit a bid for consideration in this tender process unless interest is declared and approved as

per Delegated Level of Authority.

2.4 Response format and content

Please organise proposals in separately tabbed sections with labels that correspond to the sections that

have been outlined in the Index of this RFP/RFB document.

• Please keep sections sequential.

• Provide a concise response in provided spaces.

• Wherever a table is provided, please title your section tab to match the RFP/RFB section in

which the table appears.

• Use the table format for your responses, and maintain the sequence and reference numbers

in the table.

• Please keep responses in the document formats they are being requested.

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SECTION 3: BACKGROUND, PURPOSE AND SCOPE OF WORK

3.1 Background

Since its inception 24 years ago, Airports Company South Africa Limited (ACSA) has transformed into a

focused, profitable and commercial enterprise that is market-driven and customer service oriented. The

company was formed in 1993 as a public company under the Companies Act of 1973, as amended, and

the Airports Company Act of 1993, as amended.

ACSA operates South Africa’s nine principal airports, comprised of the country’s major international

airports, namely O.R. Tambo International Airport (ORTIA), Cape Town International Airport (CTIA) and

King Shaka International Airport (KSIA) and the smaller regional airports, namely; Bram Fischer Airport

(Bram), Upington Airport (UTN), Port Elizabeth International Airport (PLZ), East London Airport, George

Airport and Kimberley Airport. ACSA’s registered Corporate Office operates from Bedfordview.

The sustained growth in air traffic over the years, coupled with a creative and performance focused

management and leadership team have contributed to the company’s excellent financial performance over

time. This has enabled the company to transform South Africa’s airports into world-class airports, delivering

value for customers, stakeholders, shareholders and employees. In addition, it has allowed the company

to extend its business focus to include the promotion of tourism to facilitate economic growth through an

increase in job creation; and the protection of the environment.

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

This is evidenced by ACSA’s participation in selected airport ventures internationally including projects in

Mumbai, India; Guarulhos International Airport in Sao Paulo, Brazil and more recently in Ghana.

3.2 Purpose of this Tender

3.2.1. Baseline Studies

At the outset, the professional consultancy services are required to undertake baseline studies necessary

to inform the future Proposed Development Framework for ERF 52676.

3.2.2. Development Framework

The consultant must then prepare an optimum urban design which takes consideration of and applies the

baseline studies. This, together with the outcomes of extensive stakeholder engagements must result in a

development framework which will guide land development in an integrated and sustainable manner

incorporating a housing development, an educational sector, biodiversity/conservation areas and

commercial and industrial development, taking cognisance of the future aeronautical expansion at the

CTIA.

3.2.3. Subdivision & Zoning

Finally, the consultant will be required to undertake the subsequent re-zoning and subdivisions of ERF

52676 in line with the final development framework.

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The Airports Company is the owner of and is responsible for the safe operation of the Cape Town

International Airport. As part of the Cape Town International Airport’s master plan, there is provision for the

realignment of its main runway to be commissioned in 2019/20 (the project).

The locality of the site (some 509 hectares in extent) and showing an overlay of the noise contours created

by the new realigned runway is illustrated below. As the noise contours created by the proposed new

realigned runway lies directly over this largely vacant land to the south of the airport, ACSA purchased the

land.

As part of the Project, the Airports Company concluded an agreement with Denel SOC Limited to purchase

ERF 52676 Khayelitsha, referred to as the Swartklip site. The acquisition of the land was made because of

the strategic significance of the site as a future runway departure corridor; for associated potential

environmental offset purposes and other development opportunities.

ERF 52676 (Swartklip Site) situated between Mitchells Plain and Khayelitsha is a product of apartheid

spatial planning aimed at separating these two communities. The land was utilised for arms and ammunition

manufacturing by Denel. Over the past couple of years, all activity ceased on the site. After Denel

commissioned a full ground rehabilitation exercise of the land in accordance with the then proposed

development framework for the site; and after being certified safe for future development by the Department

of Environmental Affairs, the site was made available for purchase.

Of the approximately 509Ha in extent, some 298Ha will be impacted by the noise created by operations on

the new realigned runway. This portion of the property also consists largely of sand dunes and wetlands

and therefore may have significant conservation value. The remainder of the land appears suitable for

industrial, commercial and residential purposes.

The site is currently unoccupied except for a security service provider. However, ACSA is entering into a

10-year Lease Agreement (with an option to purchase) with False Bay College (FBC). The lease is

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supported by a ten-year Temporary Zoning Departure granted by the City of Cape Town. False Bay College

will be creating a campus using several the current administration and workshops buildings on the site

across approximately 5 hectares. This site is deemed to be permanently assigned to the education sector

with FBC leading the initiative having secured funding to develop and repurpose the buildings as a technical

campus. The ultimate expansion of the campus will result in it being the largest TVET Campus in the

country.

In addition, the Airports Company has agreed in principle to make certain portions of land measuring

approximately 33 hectares on the Swartklip site available to the Housing Development Agency as the

preferred partner for human settlements, this on the basis and understanding that all government human

settlement is done jointly and in close collaboration with both the Provincial Government of the Western

Cape and the City of Cape Town. However, it is envisaged that 298 hectares of conservation land in the

Metro South East may be too generous and there may be an appetite to increase the residential component

in order to allow for the development of private housing for all levels of income.

3.3 Scope of Work

The baseline studies required include:

• noise impacts from the double runway system,

• hydrogeology,

• freshwater and terrestrial ecology,

• traffic,

• socio economic and

• heritage.

This list is not exhaustive and the bidding firm is invited to make additional recommendations. Extensive

work has been undertaken with regards to previous contamination on site and the successful consultants

will need to review and propose further works if required.

Where necessary, the consultant will be required to appoint (subcontract), manage and consolidate all

specialist studies identified for which they have no in-house expertise.

Then the consultant must develop an optimum development framework through an iterative and

consultative process by interpreting and identifying key opportunities and threats emanating from the

specialist studies with the view to informing a spatial development framework for the site. Of importance,

will be an in-depth and well informed understanding of the communities, their aspirations, their challenges,

their needs etc. which must feed into the proposed solutions. This is in addition to the broader stakeholder

engagement process with Provincial and Local Government and all other relevant entities and stakeholders.

It is common knowledge that the threat of land invasion poses an ongoing challenge. Within the stakeholder

engagement, workable solutions have to be provided to address this threat.

With reference to the Development Framework for the Swartklip site, the Airports Company is committed

to ensuring that:

• the Swartklip site delivers mixed use development which creates spaces to live, learn, work and play;

• the mixed-use development must support economic development and respond positively to the

multiple social imperatives of the communities surrounding CTIA and the Swartklip site;

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• the mixed-use development must bridge the social divide between the communities of Mitchell's Plain

and Khayelitsha (collectively the Metro South East) in order to redress the apartheid planning of the

past;

• the Development Framework must be developed in consultation with the City of Cape Town who has

identified the Swartklip site as a Prioritised Local Area (PLA) in the Metro South East Integration Zone.

• the Development Framework must be aligned to the Transport Plan approved by the City of Cape

Town aimed at promoting employment opportunities closer to the current communities of the Metro

South East.

• The Development Framework must optimise commercial value.

Stakeholder engagement will be of utmost importance and the consultant will be required to on-board a

suitable entity which can perform this function throughout the duration of the contract. This entity needs to

be approved by ACSA but will fall within the control of the consultant. This entity will be responsible for

high levels of community relations, interactions and stakeholder engagements. It is required that proper

and comprehensive record keeping be maintained.

The consultant must allow for all necessary administrative and logistical resources and will be required to

arrange for the project kick-off meeting, monthly progress meetings, stakeholder engagement meetings

and the compilation of the results and presentation at the clients’ offices. This must include all relevant

documentation (scope document, progress reports, final presentation etcetera).

All documentation will be made available to all relevant parties at the discretion of the client.

The professional consultancy panel may consist of inter alia the following services / disciplines:

Discipline Scope

Town Planning and Urban Design • Township Establishment

• Land Use Planning

• Development Framework Planning

• Precinct Planning

• Zoning

Engineering • Bulk service design and costing

• Traffic Impact Assessment

• Energy Efficient design

Architects and Landscape Architects

• Attractive and functional spatial design

Property Valuations • Market valuation research

• Market valuation of land

Quantity Surveying • Development costing

• Contract management

Property Developers • Ratio’s of property development

• Feasibility of the project

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Environmental Practitioners • Environmental Assessments

• Environmental Compliance requirements

• Conservation management planning

Land Surveyors • Determination of property site boundaries

• SG diagram development and approvals

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SECTION 4: PREFERENCE POINTS AND PRICE

4.1 Preference Points Claims

In terms of the PPPFA and its regulations the 80/20 preference point system will be used:

a) The 80/20 system for acquisition of goods or services with a Rand value equal to or above R30 000.00

and up to R50 million (all applicable taxes included); and

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

Points

4.2.1 Price 80

B-BBEE Status Level of Contribution 20

Total Points for Price and B-BBEE must not Exceed 100

4.2.2 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification

Certificate from a Verification Agency accredited by the South African Accreditation System

(SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors

(IRBA), an affidavit in the case of Qualifying Small Enterprises and an Emerging Micro Enterprises

or an Auditor/Accounting Officer as contemplated in the Close Corporation Act (CCA) together

with the bid, will be interpreted to mean that preference points for B-BBEE status level of

contribution are not claimed.

4.2.3 ACSA reserves the right to require of a bidder, either before a bid is adjudicated or at any time

subsequently, to substantiate any claim in regard to preferences, in any manner required by

ACSA.

4.3 Definitions

4.3.1 “All Applicable Taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies

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

Broad-Based Black Economic Empowerment Act;

4.3.3 “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code

of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-

Based Black Economic Empowerment Act;

4.3.4 “black designated groups” has the meaning assigned to it in the codes of good practice issued

in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act; “black people”

has the meaning assigned to it in section 1 of the Broad-Based Black Economic Empowerment

Act;

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

Empowerment Act, 2003 (Act No. 53 of 2003); “co-operative” means a co- operative registered

in terms of section 7 of the Cooperatives Act, 2005 (Act No. 14 of 2005);

4.3.6 “designated group” means-

(a) black designated groups;

(b) black people;

(c) women;

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(d) people with disabilities; or

(e) small enterprises, as defined in section 1 of the National Small Enterprise Act, 1996 (Act

No. 102 of 1996);

4.3.7 “designated sector” means a sector, sub-sector or industry or product designated in terms of

regulation 8(1)(a);

4.3.8 “EME” means an exempted micro enterprise in terms of a code of good practice on black

economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act;

4.3.9 “functionality” means the ability of a tenderer to provide goods or services in accordance with

specifications as set out in the tender documents;

4.3.10 “military veteran” has the meaning assigned to it in section 1 of the Military Veterans Act, 2011

(Act No. 18 of 2011);

4.3.11 “National Treasury” has the meaning assigned to it in section 1 of the Public Finance

Management Act, 1999 (Act No. 1 of 1999);

4.3.12 “people with disabilities” has the meaning assigned to it in section 1 of the Employment Equity

Act, 1998 (Act No. 55 of 1998);

4.3.13 “price” includes all applicable taxes less all unconditional discounts;

4.3.14 “proof of B-BBEE status level of contributor” means-

(a) the B-BBEE status level certificate issued by an authorised body or person;

(b) a sworn affidavit as prescribed by the B-BBEE Codes of Good Practice; or

(c) any other requirement prescribed in terms of the Broad-Based Black Economic

Empowerment Act;

4.3.15 “QSE” means a qualifying small business enterprise in terms of a code of good practice on black

economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act;

4.3.16 “Rand value” means the total estimated value of a contract in Rand, calculated at the time of the

tender invitation;

4.3.17 “rural area” means-

(a) a sparsely populated area in which people farm or depend on natural resources, including

villages and small towns that are dispersed through the area; or

(b) an area including a large settlement which depends on migratory labour and remittances

and government social grants for survival, and may have a traditional land tenure system;

4.3.18 “stipulated minimum threshold” means the minimum threshold stipulated in terms of regulation

8(1)(b);

4.3.19 “the Act” means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000);

4.3.20 “township” means an urban living area that any time from the late 19th century until 27 April

1994, was reserved for black people, including areas developed for historically disadvantaged

individuals post 27 April 1994;

4.3.21 “treasury” has the meaning assigned to it in section 1 of the Public Finance Management Act,

1999 (Act No. 1 of 1999); and

4.3.22 “youth” has the meaning assigned to it in section 1 of the National Youth Development Agency

Act, 2008 (Act No. 54 of 2008).

4.3.23 “Trust” means the arrangement through which the property of one person is made over or

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

4.3.24 “Trustee” means any person, including the founder of a trust, to whom property is bequeathed

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

of 59 CIA 52 -2016

4.4 Adjudication Using a Point System

4.4.1 The bidder obtaining the highest number of total points will be awarded the contract, unless objective

criteria exist justifying an award to another bidder or ACSA exercises one or more of its disclaimers.

4.4.2 Preference points will be calculated after prices have been brought to a comparative basis

considering all factors of non-firm prices and all unconditional discounts

4.4.3 Points scored will be rounded off to the nearest 2 decimal places.

4.5 Award of Business where Bidders Have Scored Equal Points Overall

4.5.1 If two or more bids have scored equal total points, the successful bid will be the one scoring the

highest number of preference points for B-BBEE.

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

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

the highest score for functionality.

4.5.3 Should two or more bids be equal in all respects, the award will be decided by the drawing of lots.

4.6 Points Awarded for Price

4.6.1 The 80/20 Preference Point Systems

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

80/20

min

min180

P

PPtPs

Where:

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

of 59 CIA 52 -2016

4.7 Points Awarded for B-BBEE Status Level of Contribution

4.7.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points

must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with

the table below:

Bidders who qualify as EMEs in terms of the B-BBEE Act must submit an affidavit stating its annual

turnover, certificate issued by an Accounting Officer as contemplated in the CCA or a Verification

Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the

prerequisite for IRBA’s approval for conducting verification and issuing EMEs with B-BBEE Status

Level Certificates.

4.7.2 Bidders other than EMEs must submit their original and valid B-BBEE status level verification

certificate or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered

Auditor approved by IRBA or a Verification Agency accredited by SANAS. QSEs have an additional

option of submitting a sworn affidavit as its B-BBEE certificate in terms of the amendments to the B-

BBEE Codes of Good Practice in 2013.

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

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

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

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

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

separate bid.

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

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

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

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

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

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

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

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

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

execute the sub-contract.

B-BBEE Status Level

of Contributor

Number of Points

(80/20 system)

1 20

2 18

3 16

4 12

5 8

6 6

7 4

8 2

Non-compliant

contributor

0

of 59 CIA 52 -2016

SECTION 5: EVALUATION CRITERIA

5.1 Overview

ACSA applies a pre-determined evaluation criterion when considering received bids. During the evaluation

of received bids ACSA will make an assessment whether all the bids comply with set minimum requirements

and whether all returnable documents/information have been submitted. Bidders which fail to meet

minimum requirements, thresholds or have not submitted required mandatory documentation may be

disqualified from the tender process at that phase.

The requirements of any given stage must be complied with prior to progression to the next stage. ACSA

reserves the right to disqualify bidders without requesting any outstanding document/information.

5.2 Evaluation Approach

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

Pre-Qualification Criteria

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

Designated Groups. A tenderer that fails to meet the pre-qualifying criteria at closing date, will be

disqualified.

To be recognised as responsive the successful service provider will be required to reserve a minimum of

30% of the fee value, for any of Designated Group(s) as set out in PPPFA Regulation 4, in line with the

following:

- an EME which is at least 51% owned by black people;

- an EME which is at least 51% owned by black people who are youth;

- an EME which is at least 51% owned by black people who are women;

The tenderer must submit a comprehensive proposal that lays out a programme for the designated

groups throughout the project, Transformation Declaration Form.

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5

Ch

eck if

all t

he d

ocu

men

ts h

ave

been

re

ceiv

ed

Ch

eck if

Bid

der

meets

th

e p

re-

qu

alify

ing

cri

teri

a

Evalu

ate

on

fu

ncti

on

ality

or

the

tech

nic

al

asp

ect

of

the b

id

Evalu

ate

pri

ce a

nd

Pre

fere

nce

(B-B

BE

E)

Po

st

ten

der

neg

oti

ati

on

s

of 59 CIA 52 -2016

5.3 Bidders must have a minimum B-BBEE scoring of level 2

5.3.1 Accordingly, only the bidders who are EMEs (Exempted Micro Enterprise with a level 1 BBBEE status

level of contributor will be considered. Bidder must submit a valid BBBEE certificate as issued by

SANAS OR a sworn affidavit and CIPC documents in order to pre-qualify for this tender. ACSA

reserves the right to request further information necessary to evaluate the bidder in this regard.

5.3.2 By submitting a bid, the bidder certifies that the information and documents provided are true, correct

and devoid of any fraudulent misrepresentations. ACSA reserves its right to seek further legal action

in the event that the bidder fails to comply with this paragraph 5.3.3

5.3.3 A bidder that fails to meet the above-mentioned pre-qualifying criteria, will be disqualified.

5.4 MANDATORY EVALUATION

Only bidders meeting the following criteria will be considered for this tender:

- A valid Tax Clearance Certificate, or a unique security Personal Identification number (PIN) issued

by the South African Revenue Services (where Consortium / Joint Venture / Sub-consultants are

involved, each party to the association must submit a separate Valid Tax Clearance Certificate or a

unique security personal Identification number).

- A valid proof of Registration on the National Treasury`s Central Supplier Database (CSD) must be

accompany this bid.

- Attendance of the Compulsory Clarification meeting

- the Bidder or any of its directors/shareholders is not listed on the Register of Tender Defaulters in

terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from

doing business with the public sector;

- the Bidder or any of its directors/shareholders is not listed on the database of Restricted Suppliers;

- the Bidder has not:

i) abused the Employer’s Supply Chain Management System; or

ii) failed to perform on any previous contract and has been given a written notice to this effect;

- The Bidder or any of its principals, directors or managers is not employed in the service of the State

or any municipality. If such principals are involved, official approval from the Executing Authority

regarding carrying out remunerative work outside of the public service must be included in the tender

submission; and

- Bidders must accept ACSA’s Term and Conditions of Tender.

of 59 CIA 52 -2016

5.5 FUNCTIONALITY / TECHNICAL EVALUATION

The functionality/technical evaluation will be conducted by the Bid Evaluation Committee which comprises of

various skilled and experienced members from diverse professional disciplines. The evaluation process will

be based on threshold criteria. Points allocated for Functionality shall be evaluated in accordance with the

criteria as listed below. The evaluation process will be based on threshold criteria where bidders which fail to

achieve a minimum threshold on each element will not be considered further in the evaluation. The

evaluation criterions are as follows

of 59 CIA 52 -2016

Discipline Criteria Sub-Criteria Score Minimum Score

Maximum Score

Town Planning and Urban Design

The bidding entity has the relevant experience in town and regional planning. If a new entity, then at least 1 of the directors must have at least 5 years as a town and regional planner.

>10 years’ experience 20 12 20

>8 <10 years’ experience 15


The lead planner is registered as a professional planner with the South African Council for Planners. No points will be allocated without proof of registration.

Category A Classified Professional Planner

10 6 10

Category B Classified Professional Planner

8

Category C Classified Professional Planner

6

Provision of reference letters indicating successful completion of town and regional planning applications within the last 10 years. The projects must demonstrate experience of similar complexity as this bid.

The letters provided indicate detail of work completed, value of work and successful completion thereof.

10 5 10

The letters provided indicate successful completion of work only

5

The letters provided indicate no detail in letters

0

Organogram indicating resources and experience level of resources.

Detailed organogram provided indicating resource experience

10 5 10

Organogram provided with no detail 5

28 50

Engineering The bidding entity has the relevant experience in engineering. If a new entity, then at least 1 of the directors must have at least 5 years as an engineer.




The lead engineer is registered as a professional engineer with the Engineering Council of South Africa. No points will be allocated without proof of registration.

Category A/B Classified Professional Engineer

10 6 10

Category C Classified Professional Engineer

8

Category D Classified Professional Engineer

6

of 59 CIA 52 -2016

Provision of 3 reference letters demonstrating experience of leadership and/or participation in a project of similar complexity as this bid.

3 letters provided indicating detail of work completed, value of work and successful completion thereof.

10 5 10

3 letters provided indicating successful completion of work only

7

3 letters provided however no detail indicated in letters

5

Organogram indicating resources and experience level of resources


10 5 10


28 50

Architects and Landscape Architects

The bidding entity has the relevant experience in the architectural profession. If a new entity, then at least 1 of the directors must have at least 5 years as a professional architect.




The lead architect is registered as a Professional Architect with the South African Council for the Architectural Profession. No points will be allocated without proof of registration.



>5 <8 years’ experience

5

Provision of 3 reference letters of architectural work of a similar scope completed, together with basic designs of such work in order to understand the architectural versatility of the firm


10 5 10


7


5



10 5 10


27 50

of 59 CIA 52 -2016

Property Valuations The bidding entity has the relevant experience in property valuations. If a new entity, then at least 1 of the directors must have at least 5 years as a professional property valuator experience.




The lead valuer is registered with the South African Institute of Valuers. No points will be allocated without proof of registration.


<10 years' experience 5

Provision of 3 reference letters of valuation performed of a similar scope and/or complexity.


10 5 10


7


5



10 5 10


27 50

Quantity Surveying The bidding entity had the relevant experience in the quantity surveying profession. If a new entity then at least 1 of the directors must have at least 5 years as a professional quantity surveyor.




The lead quantity surveyor is registered as a Professional Quantity Surveyor with the Association of South African Quantity Surveyors. No points will be allocated without proof of registration.




Provision of 3 reference letters of quantity surveying work done in the past 5 years indicating complexity and value of the project of a similar scope and/or complexity.


10 5 10


7


5

of 59 CIA 52 -2016



10 5 10


27 50

Property Developers The bidding entity has the relevant experience in commercial property development. If a new entity, then at least 1 of the directors must have at least 5 years’ experience as a professional architect.




The entity has undertaken commercial property developments of a cumulative value of at least R50 million in the past 5 years.

>R55million 10 5 10

>R50million <R55million 7

=R50million 5

Provision of 3 reference letters of property developments undertaken including value of total development, development type and timeframe of property development of a similar scope and/or complexity.

3 letters provided indicating detail of development type completed, value of work and successful completion thereof.

10 5 10


7


5



10 5 10


27 50

Environmental Practitioners

The bidding entity has the relevant experience in Environmental Management. If a new entity, then at least 1 of the directors must have at least 5 years as practising Environmental Practitioner




The lead Environmental Practitioner is registered with the Board for the Environmental Assessment Practitioners. No points will be allocated without proof of registration.


>6 <10 years' experience 7


of 59 CIA 52 -2016

Provision of 3 reference letters of environmental projects completed in the last 5 years, together with complexity and time frames associated with the environmental assessments of a similar scope and/or complexity.


10 5 10


7


5



10 5 10


27 50

Land Surveyor The bidding entity has the relevant experience in the land surveying profession. If a new entity then at least 1 of the directors must have at least 5 years as a professional land surveyor.




The lead surveyor is registered as a Professional Surveyor with the SA Geomatics Council. No points will be allocated without proof of registration



<8 years’ experience 5

Provision of 3 reference letters of land surveillance work undertaken in the last 5 years, together with extent of work completed of a similar scope and/or complexity.


10 5 10


7


5



10 5 10


27 50

of 59 CIA 52 -2016

Community & Stakeholder Engagement Team

The bidding team lead has the relevant experience in assessing, designing, implementing and recording a community & stakeholder engagement process using proven methodologies.




Provision of 3 reference letters/reports of successful engagement projects undertaken in the last 5 years, together with extent of work completed of a similar scope and/or complexity.

3 letters/reports provided indicating detail of work completed, value of work and successful completion thereof.

20 10 20

3 letters/reports provided indicating successful completion of work only

14

3 letters/reports provided however no detail indicated in letters

10

Organogram indicating resources, qualifications and experience level of resources

Detailed organogram provided indicating requested detail

10 5 10


27 50

of 59 CIA 52 -2016

5.6 Proposal Presentation and Team Interview

All respondents who achieve the minimum threshold of this process, will be invited to present their

proposals to the Bid Evaluation Committee. The tendering team is required to attend an interview with the

evaluation panel at Cape Town International Airport on a date and at a time to be made known by ACSA.

Key personnel should attend this interview.

The tenderer will also be required to answer questions raised by panellists regarding the tenderer’s

capability and capacity to perform the proposed contract. The Bid Evaluation Committee will independently

score the bidder on aspects including communication, presentation, team dynamics and connectedness in

the stakeholder environment related to this project. The Bid Evaluation Committee will collectively

deliberate and agree on the bids to be put forward for the final stage of the evaluation.

5.7 Price and B-BBEE

This is the final stage of the evaluation process and will be based on the PPPFA preference point system

of 80/20, where Price will account for 80 points, whilst preference will account for 20 points. The award of

business will be made to a bidder which has scored the highest overall points for this stage of the evaluation,

unless objective criteria exists, justifying an award to another bidder or ACSA splits the award or cancels

the tender, etcetera

Bidders must only price in accordance with the pricing schedule as per Appendix D. This will

enable ACSA to compare priced offers. Failure to submit a priced offer using the prescribed schedule will

make the bid liable for disqualification.

of 59 CIA 52 -2016

SECTION 6: INSURANCE REQUIREMENTS

The insurance clauses in this document should be extracted and attached to tender documents and to contracts.

6.1. DEFINITIONS

Landside refers to:

Areas of the airport before the security points, and

The restricted area beyond the security points but, within the perimeter of gatehouses,

passenger terminals and cargo buildings

Airside refers to:

The apron/manoeuvring areas

Area within the airside boundary/perimeter fence, excluding the internal areas of the

passenger terminals, perimeter gatehouses and cargo buildings

6.2. INSURANCE CLAUSES

6.2.1. Insurance requirements for contracts with a value below R50 million on the LANDSIDE

Contract Works

With regards to contract works claims, the consultant is responsible for a deductible

(excess) of R250 000.

Consultants may re-insure the deductible

Public Liability

In the event of a claim against the consultant for third party property damage the consultant

will be responsible for a deductible (excess) of R275 000

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


Consultants may re-insure the deductibles

Professional Indemnity

All consultants must provide Professional Indemnity cover of R5 million

Consultants who have a material design element, excluding typical P & G related work, as

part of their scope, must provide Professional Indemnity cover of R5 million

In the event of a claim above R5 million, the ACSA PI cover will kick in for the amount exceeding

R5m.

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

contract is signed between ACSA and the consultant.

of 59 CIA 52 -2016

6.2.2. Insurance requirements for contracts below R50 million on the AIRSIDE

Contract Works

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

of R250 000.

Consultants may re-insure the deductible.

Public Liability

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

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

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


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




All consultants must provide Professional Indemnity cover of at least R5million


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

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


contract is signed between ACSA and the consultant and/or consultant.

6.2.3. Insurance requirements for contracts with a value above R50 million on the LANDSIDE

Contracts with a value of more R50 million are not automatically covered under the

construction policies. A separate quote is provided by insurers per contract.

Contract Works

With regards to contract works claims, the consultant is responsible for the following

deductibles:

All Civil Work and Earthworks – R300 000 deductible (excess)

All other claims – R300 000 deductible (excess)

Other property insured – R700 000 deductible

Consultants / consultants may re-insure the deductibles

Public Liability

In the event of a claim brought against the consultant for third party property damage the


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



of 59 CIA 52 -2016


All consultants are responsible for Professional Indemnity cover of R10million


part of their scope, are responsible for a Professional Indemnity cover of R10million

In the event of a claim above R10 million, the ACSA PI cover will kick in for the amount

above R10m


contract is signed between ACSA and the consultant.

of 59 CIA 52 -2016

SECTION 7: MANDATORY RETURNABLE DOCUMENTS / INFORMATION

RETURNABLE DOCUMENTS AND INFORMATION SUBMITTED

[Yes or No]

Appendix A – Declaration Form

Appendix B – Declaration of Forbidden Practices Form

Appendix C - Acceptance of Terms and Conditions

Appendix D – Pricing Schedule

Appendix E – Tax Matters Confirmation (issued by SARS)

Appendix F – Certified B-BBEE Certificate

Appendix G – Schedule of Bidder’s Experience

Appendix H – CSD Registration

Appendix I – SBD 6.1 – B-BBEE Declaration (attached)

Appendix J – SBD 6.2 – Local Content

of 59 CIA 52 -2016

APPENDIX A: DECLARATION FORM

Making a Declaration

Any legal person or persons having a relationship with persons employed by ACSA, including a blood relationship,

may submit a bid in terms of this tender document. In view of possible allegations of unfairness, should the

resulting bid, or part thereof, be awarded to persons connected with or related to ACSA employees, it is required

that the bidder or his/her authorised representative declare his/her position in relation to ACSA employees or any

member of the evaluation or adjudication committee which will consider bids. Furthermore, ACSA requires all

bidders to declare that they have not acted in any manner inconsistent with the law, policy or fairness.

All bidders must complete a declaration of interest form below:

Full name of the bidder or representative of the

bidding entity

Identity Number

Position held in the bidding entity

Registration number of the bidding entity

Tax Reference number of the bidding entity

VAT Registration number of the bidding entity

I/We certify that there is a / no relationship between the bidding entity or any of its shareholders / directors /

owner / member / partner with any ACSA employee or official.

Where a relationship exists, please provide details of the ACSA employee or official and the extent of the

relationship below

of 59 CIA 52 -2016

Full Names of Directors / Trustees / Members / Shareholders of the bidding entity

Full Name Identity Number Personal Income Tax Reference Number

I/We declare that we have not acted in any manner which promotes unfairness, contravenes any law or is against

public morals. We further certify that we will in full compliance of this tender terms and conditions as well as ACSA

policies in the event that we are successful in this tender.

Declaration:

I/We the undersigned ____________________________________________________ (Name) herby certify that

the information furnished in this tender document is true and correct. We further certify that we understand that

where it is found that we have made a false declaration or statement in this tender, ACSA may disqualify our bid

or terminate a contract we may have with ACSA where we are successful in this tender.

___________________________ _________________________________

Signature Date

____________________________ __________________________________

Position Name of bidder

of 59 CIA 52 -2016

APPENDIX B: DECLARATION OF FORBIDDEN PRACTICES

I/ We _________________________________________________________________ hereby declare that we

have not been found guilty of any illegal activities relating to corruption, fraud, B-BBEE fronting, anti-competitive

practices and/or blacklisted by an organ of State Owned Company, etc. and/or any other forbidden practices.

I/We declare the following:

Description Penalty Organ of State / State Owned Company

a)

b)

Furthermore, I/ we declare that to the best of my/ our knowledge there is / are no further practices to be declared

or which are in the process of being finalised. The following are alleged practices which have not yet been

finalised.

Description Organ of State / State Owned Company

a)

b)

This declaration was signed on _______ of ____________________________ 2016.

Name:

Designation:

Signature:

of 59 CIA 52 -2016

APPENDIX C: ACCEPTANCE OF RFB TERMS AND CONDITIONS

TO: Supply Chain Management Office

Airports Company South Africa SOC Ltd

Bid Reference No: CIA 52 -2016

1. Bidder’s Name and Contact Details

Bidder:

Physical Address:

Correspondence to be addressed to:

Fax Number:

Phone numbers:

Email Address:

Contact Person:

of 59 CIA 52 -2016

2. Proposal Certification

We hereby submit a Proposal in respect of the provision of Staff Refreshment at Cape Town International

Airport.

• We acknowledge that ACSA’s terms and conditions (as amended and mutually agreed between

the parties if necessary) shall apply to the agreement with the successful Bidder/s,

• We have read, understand and agree to be bound by the content of all the documentation

provided by ACSA in this Request for Proposal.

• We accept that ACSA’s Bid Adjudication Committee decision is final and binding.

• We certify that all forms of Proposal as required in the Proposal document are included in our

submission.

• We certify that all information provided in our Proposal is true, accurate, complete and correct.

• This Proposal is specific to this project only; it has no impact, influence or effect on any other

project for which a Proposal may be submitted.

• The undersigned is/are authorized to submit and sign the Proposal that shall be binding on closure

of the Proposal submission.

• The Proposal is binding on this Tenderer for a period which lapses after one hundred and twenty

(120) days calculated from the closing date of proposal submission.

Thus done and signed at on this the day of 2017

Signature:

Name:

For and behalf of:

Tendering entity name:

Capacity:

of 59 CIA 52 -2016

APPENDIX D – PRICING SCHEDULE

Pricing Data

Activity Schedule: Estimated cost of work per discipline

Total estimated Project Cost (excluding fees and VAT)

Baseline Studies

Stakeholder Engagements

Urban Planning

Land enablement

Baseline Studies Estimated value

Fees as per the relevant council Offered fees

STAGE OF SERVICES ACCORDING TO

PROJECT STAGES

% of basic

fee for

each stage

AMOUNT %

Discount

Offered

OFFERED FEE

SUB-TOTAL (Excluding VAT)

ADD 14% VAT

TOTAL (Including VAT) (Excluding recoverable expenses, which will be covered under Disbursements)

of 59 CIA 52 -2016

Stakeholder Engagements Estimated value

Fees as per the relevant council if

applicable

Offered fees


PROJECT STAGES

% of basic

fee for

each stage

AMOUNT %

Discount

Offered

OFFERED FEE


ADD 14% VAT


Urban Planning Estimated value

Fees as per the relevant council Offered fees


PROJECT STAGES

% of basic

fee for

each stage

AMOUNT %

Discount

Offered

OFFERED FEE


ADD 14% VAT


of 59 CIA 52 -2016

Land enablement Estimated value

Fees as per the relevant council if

applicable

Offered fees


PROJECT STAGES

% of basic

fee for

each stage

AMOUNT %

Discount

Offered

OFFERED FEE


ADD 14% VAT


DISBURSEMENTS

(Allowance for reimbursable expenses)

Estimated value

Disbursements as per Department for Public Works’ published

Rates of Reimbursable Expenses unless stated otherwise

elsewhere in this document. (Note that disbursements should be

estimated on the basis that the service provider will be based in

Cape Town.)

Description TOTAL

(R)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.


ADD 14% VAT

TOTAL (Including VAT)

of 59 CIA 52 -2016

Project teams should make allowance for all communication and material commensurate with a project of this

nature and value. This will include, but not be limited to, printing of concept / prelim drawings, detailed design

drawings and user drawings for approval and 3D drawings. / representations… etc.

Note that sub-consultants will be subject to prior approval by ACSA.

OFFERED FEE SUMMARY FOR SERVICES

TOTAL

1. Total Offered Fee for




5. DISBURSEMENTS

6. Contingency


ADD 14% VAT

TOTAL PROFESSIONAL FEES (Including VAT)

of 59 CIA 52 -2016

APPENDIX E: CONFIRMATION OF TAX MATTERS

(Bidder to attach confirmation of Tax Matters issued by SARS)

Valid Tax Clearance Certificate A valid Tax Clearance Certificate from the South African Revenue Services (SARS) shall be attached to this Schedule. Each party to a Consortium/Joint Venture shall submit a separate Tax Clearance Certificate.

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of 59 CIA 52 -2016

APPENDIX F: CERTIFIED B-BBEE CERTIFICATE

(Bidder to attach Certified BBB-EE Certificate from approved certification agency)

B-BBEE Certificate Attach BEE Verification Certificate to this page. Notes to tenderer:

1. The tenderer shall attach to this form a valid original or original certified copy of the B-BBEE verification

certificate issued in accordance with the revised Notice of Clarification published in Notice 444 of 2015 of

Government Gazette No.38799 on 15 May 2015 by the Department of Trade and Industry.

2. In the event of a joint venture (JV), a consolidated B-BBEE verification certificate in the name of the JV

shall be attached, as well as a valid B-BBEE verification certificate for each member of the JV.

3. The attached verification certificate and the associated assessment report shall identify:

(a) The name and domicilium citandi et executandi of the tenderer. (b) The registration and VAT number of the tenderer. (c) The dates of granting of the B-BBEE score and the period of validity. (d) The expiry date of the verification certificate. (e) A unique identification number. (f) The standard and/or normative document, including the issue and/or revision used to evaluate the

tenderer. (g) The name and/or mark/logo of the B-BBEE verification agency or registered auditor. (h) The category (Generic, QSE, Exempt) in which the tenderer has been measured. (i) The B-BBEE status level. (j) The South African National Accreditation System (SANAS) logo on the verification certificate once

verification agencies have been accredited. (k) The B-BBEE procurement recognition level. (l) The score achieved per B-BBEE element. (m) The % black shareholding. (n) The % black women shareholding. (o) The % black persons with disabilities (p) The value added status of the tenderer.

4. The Employer will not be responsible to acquire data that it needs for its own reportingsystems and which may not form part of a verification agency’s standard certificate format.

The tenderer, at its own cost, must acquire any missing specified data listed in 3 above fromits selected verification agency or registered auditor and have it recorded on the certificate. Alternatively, such missing data must be supplied separately, but certified as correct by the same verification agency or registered auditor and also attached to this form. Signed __________________________ Date _________________________ Name __________________________ Position _________________________ Tenderer: ______________________________________________

of 59 CIA 52 -2016

APPENDIX G: SCHEDULE OF BIDDER EXPERIENCE

The description should be put in tabular form with the following headings:

BIDDER EXPERIENCE

RELEVANT PROJECT NAME

PROJECT VALUE

START DATE

COMPLETION DATE

DESCRIBE RELEVANT DETAILS

LETTER OF REFERAL

YES

NO

1.

2.

3.

4.

BIDDER SHOULD LIST THE PROJECTS AND SUBMIT LETTERS OF COMPLETION FOR EACH PROJECT. A FINAL PAYMENT CERTIFICATE WILL SUFFICE or a LETTER from the Principal Consultant stating that the project has been brought to completion.

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct.

Signed Date

Name Position

Tenderer

Number of sheets, appended by the tenderer to this Schedule....................... (If nil, enter NIL).


of 59 CIA 52 -2016

Specialist Sub Consultants

Tenderers are to note valid objections (if any) or alternatively their recommendations. All recommendations will be at the client’s discretion

Name and address of proposed Sub Consultants

Recommended tender price submitted

Objections

1

2

3

4

5

6

7

Signed

Date

Name

Position

Tenderer

of 59 CIA 52 -2016

The CV’s and proof of necessary qualifications of the following key personnel to reflect the following:

Project Lead

Individual has managed all aspects of a baseline project and has been involved in client liaison, project reporting, project planning, and overall management on behalf of a client. The Project Lead

will need to, at a minimum, plan the works; oversee sub-consultant’s inputs and requirements; manage on going sub-consultants; ensure that all requirements needed are met on the study and

see to it that deliverables are met leading up to report completion.

Name:

Date of Birth:

Current Employer:

Job Description and

Qualifications:

Relevant Years’ Experience

(Relevant, i.e. as an overall Project Manager)

Relevant Experience with Private Public Sector Clients:

YES

or

NO

Project 1 Name:

Start:

Completion:

Client:

Outline of Responsibilities and Duties:

Project 2 Name:

Start:

Completion:

Client:


Project 3 Name:

Start:

Completion:

Client:


of 59 CIA 52 -2016


Town Planning / Urban Design

Individual has managed all aspects of a project of this nature and complexity, including extensive client liaison, project reporting, project planning and overall management. The Town Planning / Urban Design Lead will be instrumental in the team bringing expertise and experience in guiding

the project to deliver the end goal of an Urban Plan.

Name:

Date of Birth:

Current Employer:

Job Description and

Qualifications:


(Relevant, i.e. as an overall Project Manager)

Relevant Experience with Private Public Sector Clients:

YES

or

NO

Project 1 Name:

Start:

Completion:

Client:


Project 2 Name:

Start:

Completion:

Client:


Project 3 Name:

Start:

Completion:

Client:


of 59 CIA 52 -2016


Environmental Specialist Individual has managed all aspects of an environmental baseline studies and has been involved in

reporting, planning, overall execution on behalf of a client.

Name:

Date of Birth:

Current Employer:

Job Description and

Qualifications:


(Relevant, i.e. as an environmental specialist)

Relevant Experience with

Public Sector Client:

YES

or

NO

Key experience in relevant projects: It is to be noted that ‘relevant projects’ refers to baseline study projects in a retail/commercial /industrial environment.

Project 1 Name:

Start:

Completion: Client:


Project 2 Name:

Start: Completion:

Client: Outline of Responsibilities and Duties:

Project 3 Name:

Start: Completion:


of 59 CIA 52 -2016


Transport Engineer Individual has managed all aspects of a baseline project and has been involved in extensive client

liaison, project reporting, project planning and overall management on behalf of a client. The Transport Project Lead will need to as a minimum plan the works, oversee sub-consultant’s inputs and requirements, manage on going sub-consultants, ensure that all requirements needed are met

on the study and see to it that deliverables are met leading up to report completion.

Name:

Date of Birth:

Current Employer:

Job Description and

Qualifications:

Relevant Years’ Experience (Relevant, i.e. as an overall Site

Agent / Site Manager)

Relevant Experience with Public Sector Client:

YES

or

NO

Key experience in relevant projects: It is to be noted that ‘relevant studies’ refers to in a retail/commercial /industrial environment.

Project 1 Name:

Start: Completion:

Client:


Project 2 Name: Start:

Completion:


Project 3 Name:

Start: Completion:


of 59 CIA 52 -2016


Community Engagement Lead The individual has the capacity, experience and competency necessary to lead the assessment,

design and implementation of an engagement framework with multiple stakeholders and partners, to include them in a participatory planning process and to translate their priorities into planning

documents. They will also be responsible for surveys, assessments, the writing and maintaining of

accurate and timely documentation, records and databases.

Name:

Date of Birth:

Current Employer:

Job Description and

Qualifications:


(Relevant, i.e. as an overall Site Agent / Site Manager)

Relevant Experience with

Public Sector Client:

YES

or

NO

Key experience in relevant projects: Facilitating community and stakeholder involvement such

as in a Public Participation Process.


Completion:


Project 2 Name:

Start:

Completion: Client:



Completion: Client:


of 59 CIA 52 -2016

APPENDIX H: CENTRAL SUPPLIER DATABASE (CSD) REGISTRATION

(Bidder to attach proof of CSD Registration)

Registration to the National Treasury’s Central Supply Database

The tenderer / bidder shall provide a printed copy of the Active Supplier listing on the National Treasury Central Supplier Database. (www.treasury.gov.za) In the case of a joint venture(JV), the bidder shall provide printed copies of the Active Supplier Listing on the National Treasury Central Supplier Database for each member of the JV. Bidders who are not registered on the Central Supplier Database and should attach proof of their application for registration. In the case of a Joint Venture, a printed copy of the Active Supplier Listing must be provided for each member of the Joint Venture.


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

of 59 CIA 52 -2016

Appendix I SBD 6.1 – B-BBEE Declaration

Transformation Declaration Form

I ………………………………. from ……………………… in my capacity as ……………………………………….….

declares that we commit to following ACSA’s Transformation and Empowerment Specifications as outlined in the

tender documentation and as outlined herein.

Please indicate by marking a YES –

The bidder is notified by marking

- YES – where the consultant commits and is recognised as qualified or

- NO - where the consultant does not commit and is deemed as non-responsive and will not be

considered as qualified.

Transformation Imperative

Description Consultant Commitment

Yes No

Sub Consultant The Consultant commits to use at least 30% Designated sub consultants

an EME which is at least 51% owned by black people

an EME which is at least 51% owned by black people who are youth

an EME which is at least 51% owned by black people who are women

Signed at ……………………………………….………. On this day ………………………………………….. 2017 Signature: …………………………………..………….. Capacity: ………………………………………….……. Witness: …………………………………………………. Date:………………………………………………………… Witness: …………………………………………………. Date:…………………………………………………………

of 59 CIA 52 -2016

Appendix J SBD 6.2 – Local Content

Joint Venture Agreement

(Bidder to attach agreement/Memorandum of Understanding between the party/s.)

Indicate the type of tendering structure by marking with an X where applicable:

Unincorporated Joint Venture (registration number for each member of the JV)

Incorporated JV

Please complete the following:

Name of lead partner/member of JV

CIPC Registration Number (for each individual company /JV member)

VAT Registration number (for each individual company /JV member)

CIDB Registration number (for each individual company /JV member)

Shareholding organogram breakdown (for each individual company / JV member) clearly identifying percentages owned by individual shareholders (full names and ID numbers) and other entities (provide full legal/trading name and respective identifying registration / trust members

Contact Person

Telephone number

E-mail address

Postal address (also each member of the JV)

Physical Address (also each member of the JV)

of 59 CIA 52 -2016

ACSA TERMS AND CONDITIONS

This RFP is open to South African Registered Bidders and overseas. All legal requirements for tax and customs must be

observed and the cost is for the bidder.

ACSA reserves the right to award the contract on the basis of RFP submitted or to negotiate at the option of ACSA terms and

conditions suitable to this RFP; and by submission of its RFP the proposer agrees to be legally bound thereby if its RFP is

accepted by ACSA.

ACSA or its duly appointed representatives shall be the sole adjudicators of the RFP s received. The decision shall be final

and no discussion or correspondence regarding the reason for the acceptance or rejection of any RFP will be

furnished except as required by law.

ACSA shall not be liable for any expense incurred by any proposer in the preparation and submission of its RFP.

If the RFP has been awarded on the strength of information furnished by a proposer, which information proves to have been

incorrect, in addition to any other legal remedy it may have, ACSA may at any time during the life of the contract:

(a) Recover from the relevant proposer all costs, losses or damages incurred by it as a result of the award and/or

(b) Cancel the award of the RFP and/or contract and claim any damages, which it may have suffered or will suffer

as a result of having to make less favorable arrangements.

If a written contract has been concluded between the parties and ACSA exercises the right to cancel such contract, the

proposer shall be liable to pay for losses sustained and/or additional costs or expenditure incurred by ACSA as a result of

such cancellation and having to make alternative arrangements. ACSA shall furthermore have the right to recover such losses,

damages or additional costs by means of set off against monies due or which may become due to the proposer in terms of the

said contract. Otherwise ACSA may process a claim in terms of a performance bond provided for due fulfillment of the contract

by the proposer. Until such time as the amount of such losses, damages or additional costs have been determined, ACSA

shall retain such monies for any loss or damage, which ACSA may suffer or has suffered.

If ACSA and the successful proposer fail to enter into and execute a formal written contract within thirty (30) days of the award

as a result of the proposer’s failure to comply with the representation made in his/her RFP , then the RFP may be deemed

null and void. ACSA’ s aforesaid rights are without prejudice and in addition to any other rights that ACSA may have in order

to claim damages.

ACSA reserves the right to amend the terms and conditions of this RFP at any time prior to finalization of the contract between

the parties and shall not be liable to any proposer or any other person for damages of whatsoever nature which they may have

suffered as a result of such amendment. All RFP s are submitted at the entire risk of the proposer.

All agreements arising from RFP s submitted in terms hereof (including any negotiations that follow) shall not be binding on

ACSA, its officers, employees or agents unless reduced to writing and signed by a duly authorized representative of ACSA in

accordance with applicable laws and policy.

ACSA reserves the right to postpone the closing date for submission of RFP s or to withdraw the RFP at any time.

Works must be executed in the name of the business actually tendering to perform the supply, installation and maintenance,

and if awarded the contract it must be signed by an authorized representative of the proposer. In the case of a joint venture or

partnership, evidence of such authorisation from all members must be included. In the case of a joint venture RFP, officers

authorized by both entities must sign the RFP form. The address and telephone numbers of the proposer must appear in B-

BBEE Vendor form

The foreign exchange values for the imported content shall be indicated in the country of source and in US Dollar. The

exchange rates used in calculating the SA Rand value must be clearly stated in the Schedule of rates, in the RFP.

of 59 CIA 52 -2016

The following is of utmost importance to ensure the smooth and efficient payment of invoices:

✓ Ensure that a proper procurement process was followed and a PO number is obtained before any goods are delivered

or services are rendered.

✓ The above PO number must be reflected on the invoice. ACSA will not pay any suppliers if they have delivered any

goods or services without a PO number. Even if you have a signed contract with ACSA, you STILL need a PO

number. Please ensure that you receive a PO number from ACSA which you then can quote on all your invoices that

relate to that contract.

✓ An invoice will only be accepted at the Contact Centre if it has an ACSA Purchase Order (PO) number. Invoices

without a PO number will be returned directly to the supplier, and will not be forwarded to the SSC for processing.

✓ Please provide business with a delivery note or a copy tax invoice to assist them in processing the goods receipt as

soon as the goods are delivered or the service rendered.

✓ Please deliver or post the original invoices to the relevant Contact Centre, and to speed up the process you can email

the invoice in PDF format to [email protected]. The original invoice should not be handed to business.

✓ Ensure that you obtain a reference number for your invoice submission as you would require this number for any

future correspondence and as proof of submission.

✓ Please contact the Contact Centre only for any queries as the SSC will not receive any further direct queries.

✓ Payment by means of Electronic funds transfers.

✓ At present Airports Company South Africa affects all payments by means of the Electronic Funds Transfer (EFT). We

do not issue any cheques any more.

✓ Invoices will be paid on the last working day of the month following the invoice date e.g. if an invoice date is 15 April

2010, it will be paid on the 31 May 2010, unless ACSA has contractually in writing committed to different payment

terms. Invoices must be submitted in time for payment.

✓ Should you have different payment terms negotiated in writing with Airports Company South Africa, please mail this

signed contract to [email protected] in order to ensure that your payment is made in time.

✓ If you have been paid historically via cheque, you need to ensure that you submit your correct banking details to us

to be loaded on our system. Please in this instance ensure that you do the following:

o Email a copy of a cancelled cheque to [email protected] as proof of your banking details

The RFP Submission shall be in English.

Binding Arbitration Provision

It is a condition of participation in this RFP process and the proposer and ACSA agree that should any dispute or difference

arise between any proposer and ACSA:

• Concerning the purport or effect of the RFP documents or of anything required to be done or performed there under.

• Concerning any aspect of the RFP process to anything done or decided there under: or

• Concerning the validity of the award of the RFP to any proposer or the failure to award same to any proposer, then

such dispute or difference shall be finally resolved by arbitration.

Such arbitration shall be by a single arbitrator who shall be:

of 59 CIA 52 -2016

• Selected by agreement between the parties, or failing such agreement nominated on the application of any party by the

Arbitration Foundation of Southern Africa (AFSA).

• The arbitrator shall have power to open, review and revise any certificate, opinion, decision, requisition or notice relating

to all matters in dispute submitted to him/her and to determine all such matters in the same manner as if no such certificate,

opinion, decision, requisition or notice had been issued.

• Upon every or any such reference, the costs of an incidental to the reference and award shall be in the discretion of the

arbitrator, who may determine the amount of the costs, or direct them to be taxed as between attorney and client or as

between party and party and shall direct by whom and to whom and in what manner they shall be borne and paid.

• The award of the arbitrator shall be final and binding on the parties and any party shall be entitled to apply to the Courts

to have such award made an order of court.

• Save as set out in this clause, the arbitration shall be conducted in accordance with the rule of the Arbitration Foundation

of Southern Africa.

• The arbitration shall be held in Johannesburg in the English language.

RFP Acceptance

• ACSA reserves the right to reject: -

a. Incomplete RFP s

b. Late RFP s

c. Conditional RFP s.

d. Non-compliant RFP s with one or more of the procedural and administrative criteria.

• ACSA reserves the right to withdraw the RFP at any time without giving rise to any obligation to be

responsible for any loss or financial damage which may be incurred or suffered by any Proposer.

• ACSA reserves the right to weigh criteria and is not obligated to offer this opportunity to the highest financial

proposer nor any responsibility for expenses or loss, which may be incurred by any Proposer in preparation

of his RFP.

• Proposers may include with their RFP s any descriptive matter, which, if referred to in the RFP, will form

part of the RFP. In case of any discrepancy, however, the issued RFP and Contract Documents and

information completed therein by the Proposer, will be considered as the valid and binding RFP.

• ACSA reserves the right to award portions of the RFP to different proposers and is not obligated to accept

the whole or only one RFP for purposes of the award of the contract or contracts.

• Proposers may be asked to revise, clarify and/or provide additional information during the RFP evaluation

process. These requests would require immediate action and responded to in writing within two (2) working

days of the receipt of such request.

ACCEPT ACCEPT WITH AMENDMENT/S DO NOT ACCEPT

COMPANY NAME: ___________________________________________________________________________________

REPRESENTATIVE NAME AND SURNAME: ______________________________________________________________

SIGNATURE: _______________________________________________________________________________________

DATE: _____________________________________________________________________________________________

of 59 CIA 52 -2016

Form of Offer and Acceptance Offer The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of: APPOINTMENT OF PROFESSIONAL SERVICES FOR A BASELINE STUDY AT THE SWARTKLIP CIA 52-2017 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 consultant 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 consultant in the conditions of contract identified in the contract data. Company Name . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contact Person . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tel. No. . . . . . . . . . . . . . . . . . . . . . . . . . Cell. No. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fax. No. . . . . . . . . . . . . . . . . . . . . . . . . .

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

for the Tenderer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature of witness . . . . . . . . . . . . . . . . . . . . . . . . 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 consultant 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.

of 59 CIA 52 -2016

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 consultant) 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. The contract period commences two (2) weeks from the date of this agreement, or date of site handover, whichever is earlier.

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

for the Employer AIRPORTS COMPANY SOUTH AFRICA (Cape Town International Airport) Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of witness Date . . . . . . . . . . . . . . . . . Schedule of Deviations 1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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By the duly authorised 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.