N001-156-2020 - 2R-15A-ASPH Asphalt Surfacing Rehabilitation Tender Doc Full
N001-156-2020 - 2R-15A-ASPH Asphalt Surfacing Rehabilitation Tender Doc Full
N001-156-2020 - 2R-15A-ASPH Asphalt Surfacing Rehabilitation Tender Doc Full
SUBCONTRACT DOCUMENT
PROJECT DOCUMENT
SUBCONTRACT NO. N.001-156-2020/2R-15A-ASPH
JUNE 2014 TENDER DOCUMENT
VOLUME 3
FOR ASPHALT SURFACING REHABILITATION
UNDER CONTRACT SANRAL N.001-156-2020/2R
FOR THE SPECIAL MAINTENANCE ON NATIONAL ROUTE
CONTRACT NRA N.005-014-2014/1
1, SECTION 16, FROM KM 12.84 TO KM 32.2
ROUTINE ROAD MINTENANCE ON NATIONAL
ROUTE 5 ECTIONS 1 TO 4: HARRISMITH TO
SUBCONTRACT DOCUMENT
WINBURG
VOLUME 1: The Conditions of Subcontract for Construction for Building and Engineering Works
Designed by the Employer First Edition (2011), published by the International
Federation of Consulting Engineers (FIDIC).
VOLUME 2: The COTO Standard Specifications for Road and Bridge Works for South African
Road Authorities (Draft Standard October 2020 edition), issued by the Committee of
Transport Officials which the tenderer shall obtain himself. (See Note to Tenderer 2
below).
1. Volume 1: The Conditions of Subcontract for Construction for Building and Engineering
Works Designed by the Employer First Edition (2011), published by the International
Federation of Consulting Engineers, is obtainable from CESA
P. O. Box 68482, Bryanston, 2021.
Tel: (011) 463 2022 Fax: (011) 463 7383 Email: general@cesa.co.za
2. Volume 2: The COTO Standard Specifications for Road and Bridge Works for South African
Road Authorities (Draft Standard October 2020 edition), issued by the Committee of
Transport Officials, is obtainable from SANRAL and can be downloaded free of charge
from the SANRAL’s website www.nra.co.za..
The conditions of tender are the standard conditions of tender as contained in Annexure
C of the STANDARD FOR THE UNIFORMITY IN ENGINEERING AND CONSTRUCTION
WORKS CONTRACTS, AUGUST 2019: Standard conditions of tender, document, which the
tenderer may download himself from the CIDB website
https://www.cidb.org.za/download/100/procurement-documents-templates-and-
guidelines/6157/standard-for-uniformity-august-2019.pdf
At contract stage Volume 3 will be a bound signed paper copy containing the following
documents:
- Returnable schedules relevant to the project
- Agreements and Contract Data
- Pricing Data
- Scope of Work
- Site Information
Information provided by a tenderer over and above the above elements of Volume 3 shall be
treated as information only and will only be bound into the contract document if the information
has a bearing on the tender price and/or project specifications.
TAU PELE CONSTRUCTION (PTY) LTD invites tenders from experienced EME/QSE suppliers for
Contract SANRAL N.001-156-2020/2R SPECIAL MAINTENANCE ON NATIONAL ROUTE 1,
SECTION 16, FROM KM 12.84 TO KM 32.2 endorsed by The South African National Roads Agency
SOC Limited (SANRAL). This project is in the province of Free State and in the Masilonyana Local
Municipality in the Lejweleputswa District Municipality.
Only tenderers who are registered on the National Treasury Central Supplier Database at the closing
date for tender submissions and who comply with the definition of a Targeted Enterprise under clause
C.2.1.1 and are at least 51% Black owned and who is an EME or QSE or cooperative, are eligible to
tender.
Only tenderers that meet all the eligibility criteria under clause C.2.1.1 of the Tender Data will be
considered.
Only tenderers who meet the minimum functionality score as stated in clause C.3.11 will be evaluated
further on price and preference
It is estimated that tenderers should have a CIDB contractor grading designation of 3CE or higher.
The tenderers attention is drawn to clause C.3.11 of the Tender Data for each work package when
submitting their tender.
Tenders from tenderers registered as potentially emerging enterprises but with a CIDB contractor
grading designation lower than a contractor grading designation determined in accordance with the sum
tendered, or a value determined in accordance with Regulation 25(7A) of the Construction Industry
Development Regulations, will not be accepted.
Only locally produced or locally manufactured products and components for construction will be
considered.
Preferences are offered to tenderers who comply with the criteria stated in the Tender Data.
A compulsory tender clarification briefing and training session(s) with representatives of the Contractor
and Engineer will take place at Brandfort Community Hall on 16 July 2024 at 10:00. Prospective
tenderers must pre-book for the clarification briefing and training session, due to venue size limitations.
A request for a clarification briefing and training session date and time is to be sent to the following
address l.khiba@taupele.co.za or +27 83 375 2396. Tenders from tenderers who arrived late at the
clarification briefing session will not be allowed, and their submissions shall be declared non-
responsive.
A tenderer’s representative cannot represent more than one tenderer at the clarification briefing session.
Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the
Tender Data.
Tenders may only be submitted in the format as stated in the Tender Data.
Queries relating to issues arising from the tenderer’s clarification briefing presentation / video or these
documents may be addressed to the following:
Enquiries
E-mail: l.khiba@taupele.co.za
The conditions of tender are the standard conditions of tender as contained in Annexure C of
the CIDB STANDARD FOR ASPHALT SURFACING REHABILITATION UNIFORMITY IN
ENGINEERING AND CONSTRUCTION WORKS CONTRACTS as per Government Notice No. 423
published in Government Gazette No. 42622 of 08 AUGUST 2019 and as amended from time to
time.
The standard conditions of tender make several references to the tender data for details that apply
specifically to this tender. The tender data shall have precedence in the interpretation of any ambiguity
or inconsistency between the tender data and the standard conditions of tender.
Where in the Standard Conditions of Tender reference is made to “bills of quantities” or “schedules of
prices” it shall also mean “schedule of quantities” or “pricing schedule”.
Where in the Standard Conditions of Tender reference is made to “the Employer”, it shall mean
“the Contractor” as defined in C.1.1.
Each item of data given below is cross-referenced to the clause marked “C” in the abovementioned
Standard Conditions of Tender.
Clause
Data
Number
C.1.1 The Contractor is Tau Pele Construction (Pty) Ltd
Clause
Data
Number
C.1.2 The tender documents issued by the Contractor comprise:
C.1.4 Communication shall be from the Contractor. The language for communications is English.
C.1.5 The requirement for prior approval of the relevant treasury shall not apply.
C.2.1.1 Only those tenderers who satisfy the following criteria are eligible to submit tenders.
Tenderers, or in the event of a joint venture, each member of the joint venture, shall be
registered on the National Treasury Central Supplier Database at the closing date for
tender submissions. If not registered at tender closing; the tender will be declared non-
responsive
The tenderer shall submit a valid B-BBEE certificate or Sworn Affidavit (where applicable)
in compliance with the requirements of Tender Data C.3.11., as proof of eligibility.
Clause
Data
Number
b) If the B-BBEE Certificate is not submitted, and the tenderer has claimed a status
point level; or
c) If tenderer failed to submit a valid B-BBEE Certificate but claimed status level points;
or
d) If the tenderer submits a B-BBEE Certificate that is expired - but did claim
preference points; or
e) If the tenderer submits a B-BBEE Certificate that does not comply with
requirements; or
f) If the tenderer submits the Scorecard assessment report only; or
g) If, in a case of a Joint Venture, the tenderer submits an unincorporated consolidated
Joint Venture B-BBEE Certificate which is not project specific; or
h) If, in a case of a Joint Venture, the tenderer submits an unincorporated consolidated
Joint Venture B-BBEE Certificate which does not have a contract description and /
or a tender number; or
i) If a tenderer only submits one B-BBEE certificate in one tender submission, where
multiple tenders were issued by SANRAL; or
j) If the BBBEE certificate or Sworn Affidavit is not submitted or not valid; or
k) for a Sworn Affidavit; if
i. EME (not start-up) submits a Sworn Affidavit with total revenue above R3
million (contractors) instead of a B-BBEE Certificate.
or
ii. QSE submits Sworn Affidavit (consultants and contractors) instead of a B-
BBEE Certificate
Failure to satisfy all the eligibility criteria will result in a non-eligible tender.
C.2.6 Failure to apply instructions contained in addenda may render a tenderer’s offer non-
responsive in terms of condition of tender C.3.8.
C.2.7 The arrangements for a clarification briefing and tender training session are:
The clarification briefing session shall start strictly at the time indicated. Only then will the
Contractor’s Representative circulate the attendance register for completion by those
present. During this time, prospective tenderers may enter and complete the register. On
completion by all present the Contractor’s Representative will:
(a) read out from the collected lists calling for confirmation that all have signed;
(b) close the door and not allow late arrivals to participate in the briefing session and
their submissions shall be declared non-responsive.
The signatures on the attendance register and duly completed and signed Form A1 shall
be considered proof that the tenderer attended the whole briefing session and was
available to hear all directives and clarifications given at the briefing session.
Tenderers shall sign the attendance list in the name of the tendering entity or in the name
of a member of the tendering entity. Addenda will be issued to, and tenders will be
received only from, those tendering entities appearing on the attendance list.
Tenders from tenderers who arrived late at the clarification briefing session will not be
allowed, and their submissions shall be declared non-responsive.
The onus rests with the tenderer to ensure that the person attending the clarification
briefing on its behalf is appropriately qualified to understand all directives and clarifications
given at the briefing.
Clause
Data
Number
A tenderer’s representative cannot represent more than one tenderer at the clarification
briefing.
C.2.8 Request clarifications at least 7 working days before the closing time.
C.2.13.2 The tenderer is required to submit all certificates as listed in the Schedule of Tender
Compliance (Form D1) in the format as indicated in clause C.2.13.3.
The following information to be submitted in hard copy, in a neatly bound file and in the
following order:
a) Form of Offer (signed printed paper)
b) All returnable schedules and attachments (signed printed paper)
c) Completed Pricing Schedule (printed paper
Place and seal the completed tender document in an envelope clearly marked “TENDER”
and bearing the tenderer’s name, physical address and contact number, the tender
subcontract number and description, the tenderer’s name, the tenderer’s physical address
and contact telephone numbers.
CONTRACTOR: CONTRA
Name of Contractor: Tau Pele Construction (Pty) Ltd Name of
Address: Tau Pele Construction Site Offices located at GPS -28.893732, 26.630229 Address
Contact Number: 051 436 0103 Contact N
(Note to
TENDERER: TENDER
Name: Name:
Physical address: Physical
Contact Numbers: Contact N
Tenders must be submitted during office hours (09:00 to 16:00) Monday to Friday at the
Contractor’s address.
Clause
Data
Number
It is in the tenderer’s interest to ensure that the delivery of the tender offer is recorded in
the Contractor’s tenders received register.
C.2.14 Provided that the omission is not a material omission, the Contractor reserves the right to
condone the omission and may waive any nonconformities in the tender.
Provided that the omission is not a material omission, the Contractor reserves the right to
condone the omission and may request the tenderer to submit the necessary information
or documentation within a reasonable period of time to rectify non-material non-
conformities in the tender related to documentation requirements.
In the event of any discrepancy between the contents of the electronically priced schedule
(if applicable), the print-out thereof and the electronically provided pricing schedule (if
applicable) in pdf format, the contents of the provided pdf format shall be taken as the valid
contents. For the information provided by the tenderer as part of his submission, e.g. rates,
the signed print-out shall be taken as the valid submission.
C.2.15 The closing time for submission of tender offers is 11:00 on Wednesday, 31 July 2024.
C.2.16.3 Where a tenderer, at any time after the opening of his tender offer but prior to entering into
a contract based on his tender offer:
a) withdraws his tender;
b) gives notice of his inability to execute the contract in terms of his tender; or
c) fails to comply with a request made in terms of C.2.17, C.2.18 or C.3.9,
such tenderer may be barred from tendering on any of the Contractor’s future subcontract
tenders under this main contract for a period to be determined by the Engineer. This
sanction also applies to tenders under evaluation and not yet awarded. This sanction does
not apply to tenders under evaluation where a request for extension of the validity period
was not accepted by the tenderer. The Contractor may fully or partly exempt a tenderer
from the provisions of this condition if he is of the opinion that the circumstances justify the
exemption.
Clause
Data
Number
C.2.18.1 Any additional information requested under this clause must be provided within five (5)
working days of date of request.
C.3.1.1 The Contractor shall respond to clarifications received up to seven (7) working days before
tender closing date.
C.3.2 The Contractor shall issue addenda until five (5) working days before tender closing date.
C.3.4 The time and location for opening of the tender offers shall be:
Time: 11:00 on Wednesday, 31 July 2024 at Tau Pele Construction Site Offices located
at GPS -28.893732, 26.630229
C.3.7 Prior to disqualification, the Contractor shall inform the tenderer and give the tenderer an
opportunity to make representations within 14 days as to why the tender submitted
should not be disqualified and as to why the tenderer should not be restricted by the
National Treasury from conducting any business with any organ of state for a period not
exceeding 10 years.
In the event of disqualification, the Contractor may, at its sole discretion, claim damages
from the tenderer and impose a specified period during which tender offers will not be
accepted from the offending tenderer and, the Contractor shall inform SANRAL who in
turn will communicate with National Treasury and the CIDB in writing.
C.3.8.2 A substantially responsive tender is a tender in which all of the material information and
documentation submitted at close of tender contains non-material and non-conformities
to the bid specifications but are not related to price. The correction of any such
documentation or information, or the condonement for the non-inclusion of any such
document or information may not be prejudicial towards the offer and claimed preference
of any responsive tender or be construed to be giving an unfair advantage to any tender.
A responsive tender is also one that conforms to all the terms, conditions, and scope of
work of the tender documents, without material omissions. The test for a material
omission is the same as the test for a material deviation or qualification.
C.3.9 Amend the heading to read as “Arithmetical errors, omissions, discrepancies and
imbalanced unit rates”
C.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in
figures. Where there is a discrepancy between the amounts in figures and the amount in
words, the amount appearing in the summary to the Pricing Schedule shall govern.
C.3.9.3 Notify shortlisted tenderers of all errors, omissions or imbalanced rates that are identified
in their tender offers.
C.3.9.4 Where the tenderer elects to confirm the errors, omissions or re-balancing of imbalanced
rates the tender offer shall be corrected as follows:
a) If bills of quantities or pricing schedules apply and there is an error in the line item
total resulting from the product of the unit rate and the quantity, the unit rate shall
govern, and the line item total shall be corrected. Where there is an obviously gross
misplacement of the decimal point in the unit rate, the line item total as quoted and
Clause
Data
Number
the unit rate shall be corrected.
b) Where there is an error in the total of the prices either as a result of other corrections
required by this checking process or in the tenderer’s addition of prices, the total of
the prices shall be corrected.
c) Where the unit rates are imbalanced adjust such rates by increasing or decreasing
them and selected others, including rates between the management and operational
sections, while retaining the total of the prices derived after any other corrections
made under (a) and (b) above.
Where there is an omission of a line item, no correction is possible, and the offer may be
declared non-responsive.
Declare as non-responsive and reject any offer from a tenderer who elects not to accept
the proposed correction of the; errors, omissions or imbalanced rates, and subject the
tenderer to the sanction under C.2.16.2.
The tenderer is required to submit balanced unit rates for rate only items in the pricing
schedule. The rates submitted for these items will be taken into account in the evaluation
of tenders.
If the Form of Offer is submitted but the Pricing Schedule is omitted, where rate only
items are applicable; or If a signed Form of Offer is submitted with an incomplete pricing
schedule (no summary to tender) that does not balance back to the Form of Offer and
the Pricing schedule is incomplete; or If a signed Form of Offer is submitted with an
incomplete pricing schedule that does not balance back to the Form of Offer and only
summary of Pricing Schedule submitted; then the rates cannot be evaluated and the
tender shall be declared non-responsive.
The minimum percentage of evaluation points for functionality is not less than 75%.
Score each of the criteria and sub-criteria for functionality (NF) in accordance with the
provisions of the tender data. Calculate the total number of tender evaluation points for
functionality using the following formula:
NF = W2 x SO / MS
where:
MS is the maximum possible score (100) for functionality in respect of a submission; and
W2 is the maximum possible number of tender evaluation points (100) awarded for the
functionality as stated in the tender data.
SO is the score for functionality allocated to the submission under consideration, calculated
as follows;
a) Each Tenderer will be evaluated, and points will be allocated according to the criteria
in the Table below.
b) Information submitted in the returnable Form B3 will be used to allocate points for
the respective criteria.
c) Only Tenderers who score a minimum of 75 percentage points or more for
functionality will be evaluated further.
Table C.3.11: Maximum points for non-CIDB contracts and supplier contracts
Maximum Points out of 100
CIDB Grade and Locality Designated
CIDB Grading Total Points
Package Value Groups
Table
Table C.3.11.2
C.3.11.1 Table C.3.11.3
3 - R 3 000 000 60 35 5 100
1.1 Locality
Only those tenderers who are registered with the CIDB, at close of tender, in a contractor
grading designation equal to or higher than a contractor grading designation determined
in accordance with the sum tendered, or a value determined in accordance with Regulation
25(7A) of the Construction Industry Development Regulations, for a CE class of
construction work, are eligible for functionality points for CIDB. Tenderers whose CIDB
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
T1.15
Clause
Data
Number
registration expires within the tender validity period, need to demonstrate that there is a
reasonable chance of being registered in the appropriate grading designation during the
tender evaluation period, by submitting a copy of their timely application for CIDB
registration, with their tender submission. Tenders received from such tenderers who are
not capable of being registered in the required contractor designation, within 21 working
days after either expiry of their registration or after being requested to provide proof of
registration, will not be eligible for functionality points CIDB. Note that in terms of the
Construction Industry Development Board Act, 2000 (Act No. 38 of 2000) a registered
contractor must apply for renewal of registration three months before the existing
registration expires.
Joint Ventures are eligible for functionality points for CIDB, provided that:
- every member of the joint venture is registered with the CIDB;
- the lead partner has a contractor grading designation of not lower than one level
below the required grading designation in the class of construction works under
consideration and possesses the required recognition status; and
- the combined contractor grading designation calculated in accordance with the
Construction Industry Development Regulations is equal to or higher than a
contractor grading designation determined in accordance with the sum tendered for
a CE class of construction work or a value determined in accordance with
Regulation 25(1B) or 25(7A) of the Construction Industry Development Regulations.
Clause
Data
Number
5
Groups
The tender will be evaluated in terms of Preferential Procurement Policy Framework Act
(PPPFA, Act 5 of 2000).
i. 80/20 preference point system for acquisition of goods and services for
Rand value equal to or above R30 000 and up to R50 million
The following formula will be used to calculate the points out of 80 for price:
Ps =80(1-(Pt-Pm)/Pm)
Where:
Ps is the points scored for price of tender under consideration.
Pt is the price of the tender under consideration; and
Pm is the price of the lowest acceptable tender.
ii. 90/10 preference point system for acquisition of goods and services for
Rand value above R50 million
The following formula will be used to calculate the points out of 90 for price:
Ps =90(1-(Pt-Pm)/Pm)
Where:
Ps is the points scored for price of tender under consideration.
Pt is the price of the tender under consideration; and
Pm is the price of the lowest acceptable tender.
Total Evaluation points for each responsive tenderer shall be obtained by adding the score
of Ps for price to the B-BBEE Points.
The B-BBEE Points are based on a tenderer’s scorecard measured in terms of the Broad-
Based Black Economic Empowerment Act (B-BBEE, Act 53 of 2003 as amended in Act
46 of 2013) and the Preferential Procurement Policy Framework Act (PPPFA, Act 5 of
2000).
The following table must be used to calculate the points out of 20 or 10 for B-BBEE Points
awarded in accordance to a tenderer’s B-BBEE status level of contributor:
Clause
Data
Number
Clause
Data
Number
- Indicate total revenue for the year under review and whether it is based on
audited financial statements or management accounts.
- Financial year-end as per the enterprise’s registration documents, which was
used to determine the total revenue. The valid format of the Financial Year-
End is Day/Month/Year
- B-BBEE status level. An enterprise can only have one status level.
- Date deponent signed and date of Commissioner of Oath must be the same.
- Commissioner of Oath cannot be an employee or ex officio of the enterprise
because, a person cannot by law, commission a sworn affidavit in which they
have an interest, and
6. Compliance with any other information requested to be attached to Returnable
Schedule Form A11; and
7. In the event of a joint venture (JV), a project-specific consolidated valid B-BBEE
verification certificate in the name of the JV, issued by a verification agency
accredited by the South African National Accreditation System (SANAS) shall be
submitted.
8. If the tender documents indicate that the tenderer intends subcontracting more than
25% of the value of the contract to any other person not qualifying for at least the
status level that the tenderer qualifies for, 0 (zero) B-BBEE Points shall be awarded,
unless the intended subcontractor is an EME that has the capability to execute the
subcontract and the value of the work is below the EME threshold.
3. Breaking of deadlock
If two or more tenderers score the same number of Total Evaluation points, and these
tenders are also the highest ranked tenders, the contract must be awarded to the tenderer
that scored the highest points for B-BBEE.
If functionality is part of the evaluation process and two or more tenderers score the same
number of Total Evaluation points and the same number of B-BBEE Points, the
subcontract must be awarded to the tenderer that scored the highest points for
functionality.
If two or more tenderers score the same number of Total Evaluation points and the same
number of B-BBEE Points and the same number of total evaluation points for Functionality,
and these tenders are also the highest ranked tenders the award must be decided by the
drawing of lots.
4. Compliance
The highest scoring tenderer for each subcontract package shall be checked for
compliance with respect to the following criteria:
i. Proof that the Tenderer is compliant with the COID Act (excluding CIDB 1 CE).
ii. Proof that the Tenderer is tax compliant.
If the highest scoring tenderer fails to meet any of the compliance criteria, he will be given
seven (7) calendar days to become compliant.
If the highest scoring tenderer fails to submit the requested compliance information in the
required timeframe, he shall be deemed non-compliant and the evaluator shall check the
second highest tenderer for compliance. This process is repeated until a compliant
tenderer has been identified.
If the Contractor choose to include work in the subcontract package, for which he has
tendered rates in the Main Contract and the tenderer who scored the highest points
tendered rates higher than 25% above that of the Contractor, the Contractor may either
accept the rates or negotiate rates and the final sum down (to 25% above contractors rates
and final sum) with the tenderer.
Clause
Data
Number
If the Contractor fails to negotiate a reasonable tender sum or rates with the tenderer, he
may approach the second highest points scoring, compliant tenderer to negotiate a
reasonable tender sum and rates. This process may be repeated up to the third highest
points scoring compliant tenderer, whereafter the package shall be retendered.
b) Provisional Sum
If a provisional sum in the main contract is provided for the work items in the subcontract
package, the Contractor shall report on the feasibility of the highest points scoring
compliant tenderer’s tender rates and tender sum to the Engineer.
(i) If the highest points scoring compliant tenderer’s tender sum and rates are deemed
market related by the Engineer, the Contractor shall obtain the approval of SANRAL
to utilise the provisional sum provided for the work items.
(ii) If the highest points scoring compliant tenderer’s tender sum and rates are deemed
not market related and SANRAL does not approve the utilisation of the relevant
provisional sum, the Contractor may either accept the rates and total sum (only if
equal or less than 15% higher than market related) or negotiate with the tenderer
for a market related tender sum and rates.
If the Contractor fails to negotiate market related tender sum and rates with the
tenderer, he may approach the next highest point scoring, compliant tenderer to
negotiate market related tender sum and rates. This process may be repeated up
to the third highest points scoring compliant tenderer, whereafter the package shall
be retendered.
The Contractor shall report to the Engineer and SANRAL on the feasibility of tendered
sums, rates or provisional sums of tenderers who tendered exceptionally low.
Exceptionally low sums, rates or provisional sums are those that are more than ten percent
(10%) less than what the Contractor tendered, or in the case of a provisional sum, what is
deemed market related by the Engineer.
(i) If the tendered sums, rates or provisional sums of those tenderers who tendered
exceptionally low are deemed by the Engineer to still be feasible, the Contractor
may continue to include these tenders in his tender evaluation.
(ii) If the tendered sums, rates or provisional sums of those tenderers who tendered
exceptionally low are deemed by the Engineer to not be feasible, the Contractor
may disqualify these tenders from his tender evaluation. If all prices submitted are
deemed exceptionally low by the Engineer, the subcontract package shall be
retendered.
C.3.13. The conditions stated in clauses C.3.13(a) to (f) of the Conditions of Tender as well as the
following additional clauses C.3.13(g) to (m) shall be applied as objective criteria in terms
of section 2(1)(f) of the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of
2000) and as compelling and justifiable reasons in terms of Conditions of Tender clause
C.3.11:
g) the tenderer or any of its directors is not listed on National Treasury’s Register of
Tender Defaulters or Restricted Suppliers, in terms of the Prevention and
Combating of Corrupt Activities Act, 2004 (Act No 12 of 2004) as a tenderer or
person prohibited from doing business with the public sector;
h) the tenderer has not abused the Contractor’s supply chain management system.
i) the tenderer has not failed to perform on any previous contract and has not been
given a written notice to this effect.
j) the tenderer has not failed to comply with and complete the Declaration Certificate
for Local Production and Content (Form A3.3).
C.3.17 The number of paper copies of the signed contract to be provided by the Contractor is
one (1).
C.3.18 All requests shall be in writing.
Clause
Data
Number
ADDITIONAL CONDITIONS OF TENDER CLAUSES:
Clause Data
Number
SC.3.19 Jurisdiction
Unless stated otherwise in the tender data, each tenderer and the Contractor undertake
to accept the jurisdiction of the law courts of the Republic of South Africa.
Notes to tenderer:
1. Returnable documents have been based on the CIDB Standard Conditions of tender as
contained in Annexure C of the CIDB STANDARD FOR ASPHALT SURFACING
REHABILITATION UNIFORMITY IN ENGINEERING AND CONSTRUCTION WORKS
CONTRACTS and incorporate National Treasury requirements contained in their Standard
Bidding Document (SBD) within them.
Returnable documents are separated into the following categories:
(i) Forms, certificates and schedules for completion by the tenderer for use in the
quantitative and qualitative evaluation of the tender (Forms A to C).
(ii) A list of all returnable documents for completion by the tenderer (Form D1).
2. Failure to submit fully completed relevant returnable documents may render such a tender
offer non-responsive.
3. Tenderers shall note that their signatures appended to each returnable form represents a
declaration that they vouch for the accuracy and correctness of the information provided.
4. Notwithstanding any check or audit conducted by or on behalf of the Contractor, the
information provided in the returnable documents is accepted in good faith and as
justification for entering into a contract with a tenderer. If subsequently any information is
found to be incorrect such discovery shall be taken as willful misrepresentation by that
tenderer to induce the contract. In such event the Contractor has the discretionary right
under FIDIC Particular Condition 15.6 to terminate the contract.
5. These forms must be completed in non-erasable ink and any alterations made prior to
tender closure countersigned by an authorised signatory.
Note to tenderer:
The list of returnable documents is shown in the following table, as indicated by the status of
those documents it will be incorporated into the contract document.
of (address) ...............................................................................................................................................
....................................................................................................................................................................
e-mail ..........................................................................................................................................................
Unless the attendee’s name, details and signature also appear on the attendance register this
Certificate of Attendance shall not be accepted and the tenderer’s offer shall be deemed non-
responsive and will not be considered.
Notes to tenderer:
1. The signatory for the tenderer shall confirm his/her authority thereto by attaching a duly
signed and dated copy of the relevant resolution of the board of directors/partners on the
tendering company’s letterhead.
2. In the event that the tenderer is a joint venture, a certificate is required from each member
of the joint venture clearly setting out:
- authority for signatory,
- undertaking to formally enter into a joint venture contract should an award be made
to the joint venture,
- name of designated lead member of the intended joint venture, as required by tender
condition C.2.13.4.
3. The resolution below is given as an example of an acceptable format for authorisation, but
submission of this page with the example completed shall not be accepted as
authorisation of the tenderer’s signatory.
a
duly authorised to sign all documents in connection with the tender for:
r m
SUBCONTRACT NO. N.001-156-2020/2R-15A-ASPH FOR ASPHALT SURFACING
of o
REHABILITATION
Pr
and any contract which may arise there from on behalf of .......................................................................
............................................................................................ (enter name of tenderer in block capitals)
DATE: .........................................................................................................................................................
........................................................ .......................................................................
NAME (PRINT) NAME (PRINT)
Notes to tenderer:
1. This certificate serves as a declaration by the tenderer that a single tender was submitted.
2. In the case of a Joint Venture (JV), a separate certificate is to be completed and submitted
by each JV member.
DECLARATION
Fronting Practices
Window-dressing: This includes cases in which black people are appointed or introduced to an
enterprise on the basis of tokenism and may be:
• Discouraged or inhibited from substantially participating in the core activities of an enterprise; and
• Discouraged or inhibited from substantially participating in the stated areas and/or levels of their
participation;
Benefit Diversion: This includes initiatives implemented where the economic benefits received as a
result of the B-BBEE Status of an enterprise do not flow to black people in the ratio as specified in the
relevant legal documentation.
Opportunistic Intermediaries: This includes enterprises that have concluded agreements with other
enterprises with a view to leveraging the opportunistic intermediary's favourable B-BBEE status in
circumstances where the agreement involves:
• Significant limitations or restrictions upon the identity of the opportunistic intermediary's suppliers,
service providers, clients or customers;
• The maintenance of their business operations in a context reasonably considered improbable
having regard to resources; and
• Terms and conditions that are not negotiated at arms-length on a fair and reasonable basis.
DECLARATION
Notes to tenderer:
1. Definitions:
1.1 “State” means:
a) any National or Provincial Department, National or Provincial Public Entity or
Constitutional Institution within the meaning of the Public Finance
Management Act, 1999 (Act No. 1 of 1999);
b) any Municipality or Municipal Entity;
c) Provincial Legislature;
d) National Assembly or the National Council of Provinces; or
e) Parliament.
1.2 “Shareholder” means a person who owns shares in the company and is actively
involved in the management of the enterprise or business and exercises control over
the enterprise.
2. In the case of a joint venture (JV), a separate declaration form is to be completed and
submitted by each JV member.
3. If the Form is omitted or blank; or if the tenderer found to have failed to declare conflict or
declare false information, The tender will be declared non-responsive and should it be
discovered after the award of a contract, contract may be terminated and tenderer will be
ultimately restricted from doing business with the State
Any person (natural or juristic) may make an offer or offers in terms of this invitation to bid. In line
with the principles of transparency, accountability, impartiality, and ethics as enshrined in the
Constitution of the Republic of South Africa and further expressed in various pieces of legislation,
it is required for the bidder to make this declaration in respect of the details required hereunder.
Where a person/s are listed in the Register for Tender Defaulters and / or the List of Restricted
Suppliers, that person will automatically be disqualified from the bid process.
2. BIDDER’S DECLARATION
2.1. Is the bidder, or any of its directors / trustees / shareholders / members / partners or any person
having a controlling interest1 in the enterprise, employed by the state?
YES/NO
2.1.1. If so, furnish particulars of the names, individual identity numbers, and, if applicable, state
employee numbers of sole proprietor/ directors / trustees / shareholders / members/ partners or
any person having a controlling interest in the enterprise, in table below.
1the power, by one person or a group of persons holding the majority of the equity of an enterprise,
alternatively, the person/s having the deciding vote or power to influence or to direct the course and
decisions of the enterprise.
2.2. Do you, or any person connected with the bidder, have a relationship with any person who is
employed by the procuring institution?
YES / NO
.............................................................................................................................................................
.............................................................................................................................................................
2.3. Does the bidder or any of its directors / trustees / shareholders / members / partners or any person
having a controlling interest in the enterprise have any interest in any other related enterprise
whether or not they are bidding for this contract?
YES / NO
.............................................................................................................................................................
.............................................................................................................................................................
3. DECLARATION
3.3. The bidder has arrived at the accompanying bid independently from, and without consultation,
communication, agreement or arrangement with any competitor. However, communication
between partners in a joint venture or consortium2 will not be construed as collusive bidding.
3.4. In addition, there have been no consultations, communications, agreements or arrangements with
any competitor regarding the quality, quantity, specifications, prices, including methods, factors
or formulas used to calculate prices, market allocation, the intention or decision to submit or not
to submit the bid, bidding with the intention not to win the bid and conditions or delivery particulars
of the products or services to which this bid invitation relates.
2Joint venture or Consortium means an association of persons for the purpose of combining their
expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
T2.12
3.5. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly
or indirectly, to any competitor, prior to the date and time of the official bid opening or of the
awarding of the contract.
3.6. There have been no consultations, communications, agreements or arrangements made by the
bidder with any official of the procuring institution in relation to this procurement process prior to
and during the bidding process except to provide clarification on the bid submitted where so
required by the institution; and the bidder was not involved in the drafting of the specifications or
terms of reference for this bid.
3.7. I am aware that, in addition and without prejudice to any other remedy provided to combat any
restrictive practices related to bids and contracts, bids that are suspicious will be reported to the
Competition Commission for investigation and possible imposition of administrative penalties in
terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National
Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting
business with the public sector for a period not exceeding ten (10) years in terms of the Prevention
and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.
I ACCEPT THAT THE CONTRACTOR OR STATE MAY REJECT THE BID OR ACT AGAINST
ME IN TERMS OF PARAGRAPH 6 OF PFMA SCM INSTRUCTION 03 OF 2021/22 ON
PREVENTING AND COMBATING ABUSE IN THE SUPPLY CHAIN MANAGEMENT SYSTEM
SHOULD THIS DECLARATION PROVE TO BE FALSE.
............................................................. .................................................................................
Signature Date
............................................................. .................................................................................
Position Name of Bidder
The tenderer 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 tenderer shall provide
printed copies of the Active Supplier Listing on the National Treasury Central Supplier Database for
each member of the JV.
FORM A3.3: DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR
DESIGNATED SECTORS
The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS
1286:2011) for this bid are indicated in the below table
1. The Tenderer to confirm that the minimum threshold will be achieved by either indicating
the percentage to be achieved or by indicating “Yes” or “✓” in the below table
b l e
i c a
p pl
t A
N o
Page Description
We confirm that the following communications received from the Contractor before the submission of
this tender offer, amending the tender documents, have been taken into account in this tender offer.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Notes to tenderer:
1. If the Tenderer is not tax compliant, the tenderer shall be given 7 calendar days to
become compliant.
2. The tenderer shall complete the below declaration.
I, .................................................................................................................................................... (name)
the undersigned in my capacity as ............................................................................................ (position)
on behalf of ................................................................................................................ (name of company)
herewith grant consent that SARS may disclose to the Contractor or to the South African National Roads
Agency SOC Limited (SANRAL) our tax compliance status. For this purpose, our unique security
personal identification number (PIN) is .....................................................................................................
our tax reference number is ......................................................................................................................
and our tax clearance certificate number is ............................................................................................. .
In the event of a joint venture, each member shall comply with the above requirement.
Notes to tenderer:
1. The tenderer shall attach to this form a letter (dated less than 3 months prior to the tender
closing date) from a Registered Financial Service Provider (registered with the FSB) which
declares how the entity conducts its account and confirms that the Tenderer has the
financial means net of current commitments (independent of any contractual advance
payment) available to meet the construction cash flow requirements estimated for the
subject contract, or a written confirmation from any registered financial institution or the
tenderer’s independent registered accountant should be requested to submit confirmation
of the available working capital to meet the construction workflow requirements estimated
for the subject contract. The confirmation by an independent registered accountant must
indicate that the review, to be conducted in terms of ISRS4400, was done in terms of the
Section 30 and Regulation 29 of the Companies Act No. 71 of 2008.
2. If the Tenderer does not have financial resources, the tender will be declared non-
responsive in terms of clause C.3.13(b) of the Tender Data.
3. The Tenderer (and in the event of a joint venture, the joint venture member’s combined)
shall have available capital in excess of R150 000
4. In the event that the tenderer is a joint venture enterprise, details of all the members of the
joint venture shall be similarly provided and attached to this form.
5. The successful tenderer will be requested to demonstrate its financial capability to execute
the contract prior to award at the Contractor’s discretion
6. In the event that the Contractor at its sole discretion is not satisfied with the financial
capability of the tenderer as a result of whatsoever nature and reason, the Contractor
reserves the right to invoke the provisions under tender data C.3.13. In addition, the
Contractor reserves the right to perform a full risk assessment as per tender data C3.13.
Furthermore, if the aforementioned occurs, any and all report/s will be used to evaluate
the Tenderer’s ability to perform the contract as stated in sub-clause C.3.13.(b) of the
Standard Conditions of Tender.
7. The letter shall contain the information as indicated below.
DATE
Bank Name
FSB Number
Bank Address
We hereby confirm that (Insert Tenderer Name) has been banking with xxxx Bank for a period of xxx
years and the account has been conducted in a satisfactory manner. (Insert Tenderer Name) has the
financial means, net of current commitments, available to meet the construction cash flow requirements
to the value of R…… for contract (insert contract number).
Yours Sincerely,
BANK STAMP
Notes to tenderer:
1. The tenderer shall list below all contracts currently under construction or awarded and
about to commence and tenders for which offers have been submitted but awards not yet
made.
2. In the event of a joint venture enterprise, details of all the members of the joint venture
shall similarly be attached to this form.
3. The lists must be restricted to not more than 10 contracts and 10 tenders. If a tenderer’s
actual commitments or potential commitments are greater than 10 each, those listed
should be in descending order of expected final contract value or sum tendered.
Notes to tenderer:
1. Discovery that the tenderer has failed to make proper disclosure may result in the
Contractor terminating a contract that flows from this tender on the ground that it has been
rendered invalid by the tenderer’s misrepresentation.
2. The tenderer shall attach to this Form evidence that he is registered and in good standing
with the compensation fund or with a licensed compensation insurer who is approved by
the Department of Labour in terms of section 80 of the Compensation for Occupational
Injuries and Diseases Act, 1993 (Act No 130 of 1993) (COID). If the tenderer fails to meet
this requirement, the tenderer will be given 7 calendar days to become compliant.
3. The tenderer is required to disclose, by also attaching documentary evidence to this form,
all inspections, investigations and their outcomes conducted by the Department of Labour
into the conduct of the tenderer at any time during the 36 months preceding the date of
this tender.
4. In the event of a joint venture, each and every member of the unincorporated Joint Venture
shall comply with the above requirements.
5. For CIDB 1 Tenderers, the requirement for registration at time of tender close, does not
apply.
Notes to tenderer:
1. The tenderer shall provide a printed copy of the Active Contractor’s Listing off the CIDB
website www.cidb.org.za. Tenderers whose CIDB registration expires within 21 days after
close of tender shall attach proof of their application for re-registration (refer to tender data
clause C.2.1.1).
2. In the case of a Joint Venture, a printed copy of the Active Contractor’s Listing must be
provided for each member of the Joint Venture.
6. The tender will be declared non-responsive if:
- The Tenderer is not registered on CIDB within the required contractor grading and
category at the tender closing date, or
- the Tenderer is suspended, or
- the Tenderer has not declared interest of application to upgrade the grading, or
- the Tenderer failed to submit the new registered grading within 21 days after tender
closure
Complete the following details of his registration with the Construction Industry Development Board.
Notes to Tenderer:
1. The tenderer shall attach to this form a valid B-BBEE verification certificate issued in
accordance with:
- the amended Construction Sector Codes published in Notice 931 of 2017 of
Government Gazette No. 41287 on 1 December 2017 by the Department of Trade and
Industry.
- in the event that the Measured Entity operates in more than one sector or sub-
sector, the scorecard for the sector or sub-sector in which the majority of its core
activities (measured in terms of Annual Revenue) are located will be acceptable.
The tenderer must comply with the annual revenue thresholds for EME or QSE or
Generic in accordance with the amended Construction Sector Codes.
2. The certificate shall:
- have been issued by a verification agency accredited by the South African National
Accreditation System (SANAS); or
- be in the form of a sworn affidavit or a certificate issued by the Companies and
Intellectual Property Commission in the case of an Exempted Micro Enterprise (EME)
with a total annual revenue of less than R3 million if issued in accordance with the
amended Construction Sector Codes published in Notice 931 of 2017 of Government
Gazette No. 41287 on 1 December 2017 by the Department of Trade and Industry;
and
- be valid at the original advertised tender closing date; and
- have a date of issue less than 12 (twelve) months prior to the original advertised
tender closing date (see Tender Data C.2.15).
3. A valid B-BBEE Certificate shall contain:
- Name of enterprise as per enterprise registration documents issued by CIPC, and
enterprise business address.
- Value-Added Tax number, where applicable.
- The B-BBEE Scorecard against which the certificate is issued, indicating all
elements and scores achieved for each element. The actual score achieved must be
linked to the total points as per the relevant Codes.
- B-BBEE status with corresponding procurement recognition level.
- The relevant Codes used to issue the B-BBEE verification certificate.
- Date of issue and expiry (e.g. 9 June 2018 to 8 June 2019). Where a measured entity
was subjected to a re-verification process, due to material change, the B-BBEE
Verification Certificate must reflect the initial date of issue, date of re-issue and the
initial date of expiry. Re-verification does not extend the lifespan of the B-BBEE
Verification Certificate.
- Financial period which was used to issue the B-BBEE Verification Certificate
4. A valid Sworn Affidavit shall contain:
- Name/s of deponent as they appear in the identity document and the identity
number.
- Designation of the deponent as either the director, owner or member must be
indicated in order to know that person is duly authorised to depose of an affidavit.
- Name of enterprise as per enterprise registration documents issued by the CIPC,
where applicable, and enterprise business address.
- Percentage black ownership, black female ownership and whether they fall within a
designated group.
- Indicate total revenue for the year under review and whether it is based on audited
financial statements or management accounts.
- Financial year-end as per the enterprise’s registration documents, which was used
to determine the total revenue. The valid format of the Financial Year-End is
Day/Month/Year
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
T2.24
- B-BBEE status level. An enterprise can only have one status level.
- Date deponent signed and date of Commissioner of Oath must be the same.
- Commissioner of Oath cannot be an employee or ex officio of the enterprise
because, a person cannot by law, commission a sworn affidavit in which they have
an interest, and
5. In the event of a joint venture (JV), a project specific consolidated valid B-BBEE
verification certificate in the name of the JV shall be attached,.
6. The attached verification certificate and the associated assessment report shall comply
with the requirements of Tender Data clause C.3.11 and 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, EME) 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 shareholding
(p) The % black youth shareholding
(q) The % black people living in rural or underdeveloped areas or townships
shareholding
(r) The % black military veterans shareholding
(s) The value-added status of the tenderer.
5. The Contractor will not be responsible to acquire data that it needs for its own reporting
systems and which may not form part of a verification agency’s standard certificate format.
The tenderer, at its own cost, must acquire any missing specified data listed in 4 above
from its 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.
Notes to tenderer:
1. The information in this returnable form for work over the last 5 years will be utilised to calculate points for Previous Relevant Experience (as per Tender
Data C.3.11).
Notes to tenderer:
1. The tenderer shall provide details of the major plant and equipment required for this
contract.
2. The tenderer shall state below the number of each construction plant to be used on this
contract and what constructional plant will be immediately available for this contract, what
constructional plant will become available by virtue of outstanding orders, and what
further constructional plant will be acquired or hired for the work should the tenderer be
awarded the contract. The tender to indicate: Constructional plant owned and immediately
available (I); Constructional plant on order (O) (State details of arrangements made, with
delivery dates); Constructional plant that will be hired (H) (State details of delivery
arrangements)
Note to tenderer:
The tenderer shall provide the following functionality criteria in the below table.
CIDB Grade and class (not Indicate Tenderer CIDB grade and class below
applicable for supplier subcontracts
or work without CIDB category,
where CIDB registration is not
required)
Designated group ownership Select the appropriate Designated Group ownership
of the tenderer below as per B-BBEE certificate (mark
with X):
≥51% ownership by black
Youth
Note to tenderer:
1. The tenderer shall indicate the total tendered for item C1.3.1 (the subcontractor’s general
obligations) expressed as a percentage of the tender sum (excluding VAT) below.
2. Should the combined, extended total tendered for Item C1.3.1, exceed 15% of the tender
sum (excluding VAT), the tenderer shall clearly set out his reasons for tendering in this
manner in a letter attached to this page.
3. If the the tenderer should require additional compensation for his obligations under
section 1.3 (over and above the total tendered for items C1.3.1.1, C1.3.1.2 and C1.3.1.3) by
including such additional compensation in the tendered rates and/or lump sum of items in
the bill of quantities, these items and the value of such additional compensation shall also
be set out in a letter attached to this form.
4. The Contractor will duly consider the reasons as provided per note 2 above but reserves
the right to consider the tendered rates to be imbalanced and to deal with them in terms of
Tender Data clause C.3.9 contained in this volume.
Total tendered for Item C1.3.1 expressed as a percentage of the tender sum (excluding VAT)
…………..…...%
FORM NO / TICK IF
FORM DESCRIPTION
SBD NO COMPLETED
FORM A1: CLARIFICATION BRIEFING
FORM A2.1: CERTIFICATE OF AUTHORITY FOR ASPHALT SURFACING
REHABILITATIONSIGNATORY
FORM A2.2: CERTIFICATE OF SINGLE TENDER SUBMISSION
FORM A2.3: CERTIFICATE OF FRONTING PRACTICES
FORM A3.1 BIDDER’S DISCLOSURE
(SBD4):
FORM A3.2: REGISTRATION ON NATIONAL TREASURY CENTRAL SUPPLIER DATABASE
FORM A3.3 DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR
(SBD6.2) DESIGNATED SECTORS
FORM A4: SCHEDULE OF DEVIATIONS OR QUALIFICATIONS BY TENDERER
FORM A5: SCHEDULE OF ADDENDA TO TENDER DOCUMENTS
FORM A6 CERTIFICATE OF TAX COMPLIANCE
(SBD2):
FORM A7: TENDERER’S REGISTERED FINANCIAL SERVICE PROVIDER LETTER AND
BANK DETAILS
FORM A8: SCHEDULE OF CURRENT COMMITMENTS
FORM A9: CERTIFICATE OF COMPLIANCE WITH COMPENSATION FOR THE
OCCUPATIONAL INJURIES AND DISEASES ACT,1993
FORM A10: REGISTRATION WITH CIDB (if applicable)
FORM A11 PREFERENCING SCHEDULE - TENDERER’S B-BBEE VERIFICATION
(SBD6.1):
FORM B1: SCHEDULE OF WORK EXPERIENCE
FORM B2: SCHEDULE OF TENDERER’S EQUIPMENT
FORM B3 FUNCTIONALITY CRITERIA
FORM C1: TENDERER’S ESTABLISHMENT ON SITE AND GENERAL OBLIGATIONS
FORM D1: SCHEDULE OF TENDER COMPLIANCE
C1.1.1 (SBD7): FORM OF OFFER
C1.1.2 FORM OF ACCEPTANCE
C1.2.3: CONTRACT DATA – INFORMATION PROVIDED BY THE TENDERER
C2.2 (SBD3): PRICING SCHEDULE (PROVIDED ON COMPACT DISC)
Dear Sir,
1. I/we, by signing this form of offer acknowledge it is the equivalent of the Letter of Subcontractor’s
Offer as defined in clause 1.1.10 in the “Conditions of Subcontract for Construction for Building
and Engineering Works designed by the Employer” (2011), published by the International
Federation of Consulting Engineers (FIDIC).
2. I/we, confirm that I/we practise the principles of corporate governance that abhors corruption and
fraud and that I/we have examined the documents listed in the tender data and addenda thereto
as listed in the returnable schedules and am/are duly authorised to represent and commit the
tenderer to the contractual obligations contained therein.
3. I/we further confirm that by submitting this offer the tenderer accepts the conditions of tender and
offers to perform all of the obligations and liabilities of the subcontractor 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 tender and the conditions of
contract identified in the contract data.
4. PRICE OFFERED
THE OFFERED TOTAL OF THE PRICES (INCLUSIVE OF VALUE ADDED TAX) BROUGHT
FORWARD FROM SECTION C2.2: PRICING SCHEDULE SUMMARY IS ...................................
.........................................................................................................................................................
......................................................................................................................................... (in words)
(R ................................................................................................................................... in figures)
I/we confirm that if any difference between the total of the Pricing Schedule Summary and the
amounts stated above exists, the total in the Pricing Schedule Summary shall apply.
5. PREFERENCE CLAIMED
I/we claim the following B-BBEE contributor status level ......................... as per Returnable
Schedule Form A11: Tenderer’s B-BBEE Verification Certificate subject to Tender Data C.3.11.
In the event of any difference between the above stated status level and the Verification Certificate
attached to Form A11, the Verification Certificate shall apply.
6. You may accept this offer by signing and returning to the tenderer one copy of the Form of
Acceptance before the end of the period of validity stated in the tender data, (or at the end of any
agreed extension thereof), whereupon the tenderer becomes the party named as the
subcontractor in the conditions of contract identified in the contract data.
7. Notwithstanding anything contained in a covering letter to this tender, I/we declare this offer is
submitted entirely without deviations or qualifications other than those stipulated in Form A4:
Schedule of Deviations or Qualifications by the tenderer and that it is made free from any fraud,
corruption and misrepresentation.
Yours faithfully
CAPACITY: ...............................................................................................................................................
....................................................................................................................................................................
WITNESS 1:
SIGNATURE: .............................................................................................................................................
WITNESS 2:
SIGNATURE: .............................................................................................................................................
Dear Sir,
1. It is our pleasure to inform you that the Contractor accepts your select if applicable
corrected/corrected alternative/alternative offer in the amount of R…………….. (i.e. including
VAT but excluding CPA, and any contingent sum not in the priced schedule) for a contract period
of ........... months and with a Base date of ..........(28 days prior to the closing date of
subcontract tender)
2. The amount due may not be the accepted price but payment shall be made in accordance with
the conditions of contract identified in the contract data.
3. This Form of Acceptance is the equivalent of the Contractors Letter of Acceptance as defined in
clause 1.1.6 of the “Conditions of Subcontract for Construction for Building and Engineering
Works designed by the Employer” (2011), published by the International Federation of Consulting
Engineers (FIDIC).
4. Acceptance shall form an agreement between us according to the terms and conditions contained
in this form and in the contract that is comprised of:
a
Part C1: Agreements and Contract Data (including this form of acceptance),
m
Part C2: Pricing Data,
r
Part C3: Scope of the Work,
o
Part C4: Site Information, and
of
Part C5: Annexures
Pr
together with issued drawings and other documents, or parts thereof, which may be incorporated
by reference into the Parts listed above.
5. Deviations and/or qualifications included in your offer as well as any changes to the terms of the
offer agreed by us during the process of offer and acceptance shall not be valid unless contained
in the appended schedule of deviations. In the event that an alternative offer is accepted, it is a
fundamental condition of acceptance that all responsibilities and concomitant liabilities arising
from the alternative design pass from us to you. (Note to Compiler: If no deviation/alternative
tender then replace the above part of this paragraph with “There are no alternatives,
deviations, qualifications or changes to the documents”). Addenda issued during the tender
period are deemed not to be deviations to the tender documents and schedules.
6. (Note to Compiler: Delete this paragraph if not applicable – eg. For off-site suppliers)
Notwithstanding the need to agree the mandate required by Section 37 of the Occupational Health
and Safety Act (Act 85 of 1993), a proforma of which is attached for your reference, we hereby
appoint you as the Subcontractor in terms of Regulation 7(1)(v).
7. Within 14 calendar days of the date of this Form of Acceptance (including the schedule of
deviations if any) you shall deliver to us:
i. Fully completed and signed Form C1.1.3 Appendix to Form of Acceptance
ii. Fully completed and signed Form C1.1.4 Tax compliance
iii. Fully completed and signed Form C 1.1.5 Agreement in terms of the OHS Act and
Regulations.
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
C1.6
iv. Proof that you are registered and in good standing with the compensation fund or with a
licensed compensation insurer.
v. A completed and signed Form C1.1.6 Form of Banking Details
Failure to fulfil any of the above obligations shall constitute a repudiation of this agreement and
we may at our discretion apply any rights of remedy including barring you from tendering on any
of our future tenders for a period to be determined by us, but not less than six (6) months, from
the date of tender closure. Note to Compiler: To agree with Engineer and Sanral prior to this
sanction be contemplated)
8. The effective date of the Subcontract shall be the date of this Form of Acceptance unless you,
within four (4) calendar days of the effective date, notify us in writing of any justification why you
cannot accept the contents of this agreement.
9. The Subcontract Commencement Date is …. (Note to Compiler: insert relevant day & date
not less than 14 days after the date of this Form of Acceptance)
10. Notwithstanding that a full, original-signed copy of the Subcontract document containing all
contract data and schedules (including that of accepted deviations) will be delivered to you, this
Form of Acceptance constitutes the binding Subcontract between us.
a
11. Please contact ………… at ……. to make arrangements for the signing of the Subcontract
m
documents.
o r
of
Pr
SIGNATURE: ...................................................... DATE: ......................................................................
NAME (IN CAPITALS): ..............................................................................................................................
CAPACITY: Managing Director (Note to Compiler: Insert relevant information)
SUBCONTRACTOR’S NAME AND ADDRESS: (Note to Compiler: insert relevant physical address)
WITNESS 1:
SIGNATURE: .............................................................................................................................................
WITNESS 2:
SIGNATURE: .............................................................................................................................................
Schedule of deviations
The deviations listed below constitute agreed variations/amendments to the tender data and schedules
negotiated between the Subcontractor and the Contractor based on information provided in Form A4:
Schedule of Variations or Deviations by Subcontractor or imposed or agreed conditions of award.
Addenda issued during the tender period are deemed not to be variations to the tender.
a
1. Subject: ..................................................................................................................................
r m
Details: ..................................................................................................................................
2 Subject:
of o
..................................................................................................................................
Pr
Details: ..................................................................................................................................
3 Subject: ..................................................................................................................................
Details: ..................................................................................................................................
4 Subject: ..................................................................................................................................
Details: ..................................................................................................................................
By the duly authorised representatives signing this agreement, the Contractor and the Subcontractor
agree to and accept the 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 returnable schedules, as well
as any confirmation, clarification or changes to the terms of the offer agreed by the Subcontractor and
the Contractor 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 Subcontract between the parties
arising from this agreement.
CAPACITY: ...............................................................................................................................................
....................................................................................................................................................................
Note:
In terms of National Treasury Instruction No 3 of 2014/2015 with reference to the Public Finance
Management Act, 1999 (Act No 1 of 1999) and Regulations, the contractor and subcontractors
are required to provide the Employer with written confirmation to access the SARS Electronic
Tax Compliance Status (TCS) System to verify and continuously track the tax compliance
status of all persons conducting business with the State.
m a
r
I, .................................................................................................................................................... (name)
of o
the undersigned in my capacity as ............................................................................................ (position)
Pr
on behalf of ................................................................................................................................................
.................................................................................................................................... (name of company)
herewith grant consent that SARS may disclose to ..................................................................................
....................................................................................................................................................................
(Note to Compiler: insert Contractor description) our tax compliance status on an ongoing basis
for the Subcontract term.
For this purpose, our unique security personal identification number (PIN) is ........................................ ,
our tax reference number is …………..….. and our tax clearance certificate number is ......................... .
In addition, the Subcontractor shall obtain written consent from each of its subcontractors, undisclosed
principals and partners involved in this Subcontract confirming that SARS may, on an ongoing basis
during the Subcontract term, disclose the subcontractors’ tax compliance status to the Employer. For
this purpose the Contractor shall provide the Employer with the unique security personal identification
number (PIN), tax reference number and tax clearance certificate for each of its subcontractors,
undisclosed principals and partners involved in this Subcontract.
SIGNATURE: ............................................................................................................................................
DATE: ........................................................................................................................................................
C1.1.5 AGREEMENT IN TERMS OF THE OCCUPATIONAL HEALTH AND SAFETY ACT 1993
(ACT NO. 85 OF 1993) AND CONSTRUCTION REGULATIONS, 2014
a
UNDER CONTRACT SANRAL N.001-156-2020/2R
rm
FOR THE SPECIAL MAINTENANCE ON NATIONAL ROUTE 1, SECTION 16, FROM KM 12.84 TO
fo
KM 32.2
r o
and has accepted a tender by the Mandatory for the construction, completion & maintenance of such
P
works and whereas the Contractor and the Mandatory have agreed to certain arrangements and
procedures to be followed in order to ensure compliance by the Mandatory with the provisions of the
Occupational Health and Safety Act 1993 (Act 85 of 1993);
1. The Mandatory shall execute the work in accordance with the contract documents pertaining to
this Subcontract.
2. This Agreement shall hold good from its commencement date, to either:
(a) the date of the Performance Certificate issued in terms of sub-clause 11.3 of the FIDIC
Conditions of Subcontract for Construction for building and engineering works designed by
the Employer, 2011 (hereinafter referred to as "the GCC"), as contained in Volume 1 of the
contract documents pertaining to this Subcontract, or
(b) the date of termination of the Subcontract in terms of clauses 15, 16 or 19 of the GCC.
4 In addition to the requirements of sub-clause 2.2 the GCC and all relevant requirements of Volume
3 of the contract documents pertaining to this Subcontract, the Mandatory agrees to execute all
the works forming part of this Subcontract and to operate and utilize all machinery, plant and
equipment in accordance with The Act.
5. The Mandatory is responsible for the compliance with the Act by all his Subcontractors, whether
or not nominated and/or approved by the Contractor.
6. The Mandatory warrants that all his and his Subcontractors’ workmen are covered in terms of the
Compensation for Occupational Injuries and Diseases Act 1993 which cover shall remain in force
whilst any such workmen are present on site. A letter of good standing from the Compensation
Commissioner to this effect must be produced to the Contractor upon signature of the agreement.
7. The Mandatory undertakes to ensure that he and/or his Subcontractors and/or their respective
employees will at all times comply with the following conditions:
(a) The Mandatory shall assume the responsibility in terms of Section 16.1 of The Act. The
Mandatory shall not delegate any duty in terms of Section 16.2 of The Act without the prior
written approval of the Contractor. If the Mandatory obtains such approval and delegates
any duty in terms of section 16.2 a copy of such written delegation shall immediately be
forwarded to the Contractor.
(b) All incidents referred to in The Act shall be reported by the Mandatory to the Department
of Labour as well as to the Contractor. The Contractor will further be provided with copies
of all written documentation relating to any incident.
(c) The Contractor hereby obtains an interest in the issue of any formal enquiry conducted in
terms of section 32 of The Act into any incident involving the Mandatory and/or his
a
employees and/or its Subcontractors.
or m
f
In witness thereof the parties hereto have set their signatures hereon in the presence of the subscribing
o
witnesses:
P r
SIGNED FOR ASPHALT SURFACING REHABILITATION AND ON BEHALF OF THE CONTRACTOR
....................................................................................................................................................................
WITNESS: .................................................................................................................................................
Note to Subcontractor:
1. The Contractor applies an Electronic Funds Transfer system for all payments.
__________________________________________________________________________________
To:
The Subcontractor
(Note to Compiler: insert contractor address)
Dear Sir
BANKING DETAILS
a
Bank: ............................... …………………………………………………………………………………………
o r m
of
Branch Name: ................. …………………………………………………………………………………………
Pr
Branch Code: .................. …………………………………………………………………………………………
Yours faithfully
..................................................................................
Authorised Signatory for (Note to Compiler: Insert name of successful subcontractor)
DATE: ………………………………………….
C1.1.7 APPOINTMENT IN TERMS OF SECTION 4 OF THE MINE HEALTH AND SAFETY ACT
APPOINTMENT IN TERMS OF SECTION 4 OF THE MINE HEALTH AND SAFETY ACT (ACT NO 29
OF 1996) AS AMENDED BY THE MINE HEALTH AND SAFETY AMENDMENT ACT (ACT NO 72 OF
1997)
I, .................................................................................................................................................................
In my capacity as .......................................................................................................................................
of the Contractor, .......................................................................................................................................
who has contracted with the Employer to undertake the above-named Main Contract, to perform all
functions entrusted to the Employer by sections 2 and 3 of the Act, as amended, who is the owner of
the Mines(s) state name (s) or state "to be worked under the requirements of the abovementioned
contract"
hereby appoint ...........................................................................................................................................
of the Subcontractor, .................................................................................................................................
who has contracted with the Contractor to undertake the above-named Subcontract, to perform all
functions entrusted to the Contractor by sections 2 and 3 of the Act, as amended.
b l e
Signed: ......................................................................................................................................................
c a
li
Date: ..........................................................................................................................................................
p
Witnesses: 1. ............................................................. 2. ...................................................................
A p
Name (print) ............................................. Name (print) ..................................................
o t
N
I hereby accept the above appointment
Signed: ......................................................................................................................................................
Date: ..........................................................................................................................................................
Note to tenderer
1. The Conditions of Subcontract comprise the “General Conditions of Subcontract”, which
form part of the “FIDIC Conditions of Subcontract for Construction”, First Edition 2011,
publish by the International Federation of Consulting Engineers (FIDIC), and the following
“Particular Conditions of Subcontract”, which include amendments and additions to these
General Conditions of Subcontract. as prescribed by the Contractor.
It should however be noted that up to 7 September 2017 the following amendments have been issued
by FIDIC relating to the Conditions of Contract for Construction (1999 edition).
The following additional amendments to the FIDIC Conditions of Subcontract for Construction, 2011
apply to this contract.
SUBJECT INDEX
Index Clause Clause
Access to the site 3.2 Subcontract agreement 1.9
Appendix to Subcontractor’s Offer definition 1.1.3 Subcontract arbitration 20.7
Appointment of a subcontract DAB 20.5 Subcontract Bill of Quantities 1.1.18
definition
BP definition 1.1.42 Subcontract damages for delay 8.7
Subcontract Defects Notification 11.2
Commencement of subcontract works 8.1 Period
Contractors Letter of Acceptance definition 1.1.6 Subcontract definitions 1.1
Cost definition 1.1.40 Subcontract disputes 20.4
Subcontractor limitation of liability 17.3
Day definition 1.1.45 Subcontract Specification definition 1.1.29
Subcontractor’s Base Date definition 1.1.44
Final subcontract payment 14.8 Subcontractor’s knowledge of Main 2.1
Agreement
Health and safety 6.7 Subcontractor’s personnel 6.8
Subcontractor’s representative 6.4
Incentive for early completion of Subcontract 8.8 Suspension of Subcontract works 8.6
section By the contractor
Interim subcontract payments 14.6
Intellectual and Industrial property rights 17.4 Target Area definition 1.1.41
Taking over subcontract works 10.2
Joint and several liability under the 1.7 Targeted Enterprise definition 1.1.42
Subcontract Targeted Labour definition 1.1.43
The subcontract price 14.1
Letter of Subcontractor’s Offer definition 1.1.10
Working day definition 1.1.46
Notices, Consents, Approvals, Certificates, 1.6 Working hours 6.6
Confirmations, Decisions and Determinations
Notice to correct under the subcontract 15.5
FLOW CHARTS
Replace the flow chart for the Typical sequence of Payment events envisaged in Clause 14 , with the
following:
“ “Appendix to the Subcontractor’s Offer” means the completed sections entitled C1.2.2 Appendix
to Tender: Contract Data – Information provided by the Contractor and C1.2.3 Appendix to Tender:
Contract Data – Information provided by the Tenderer.”
“ “Contractor’s Letter of Acceptance” means the Form of Acceptance as contained in part C1.1.2
of the Subcontract including any appended memoranda comprising agreements between and signed
by both Parties to the Subcontract.”.
“ “Letter of Subcontractor’s Offer” means the Form of Offer as contained in part C1.1.1 of the
Subcontract.”
“Subcontract Bill of Quantities shall also mean the Pricing Schedule as contained in Part C2 of the
Subcontract .”
“ “Subcontract Specification” means that document entitled Scope of Works, as included in the
Subcontract, and any additions and modifications to the Scope of Works in accordance with the Main
Contract. Such document specifies the Works.”
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
C1.18
1.1.41 “Target Area” means the geographic area defined in the Main Contract for Targeted Labour
and which typically are:
a. one or more Provinces;
b. one or more Metropolitan or District Municipalities;
c. one or more Local Municipalities;
d. one or more Wards that are predominantly located within the Project Area;
e. one or more of the areas listed in the definition of Designated Groups.
1.1.42 Targeted Enterprise” means an entity defined in the Main Contract to which the Contractor
subcontracts a percentage of the contract value as a condition of contract and which typically
is:
a. an EME or QSE which is at least 51% owned by black people; or
b. an EME or QSE which is at least 51% owned by black people who are youth; or
c. an EME or QSE which is at least 51% owned by black people who are women; or
d. an EME or QSE which is at least 51% owned by black people with disabilities; or
e. an EME or QSE which is 51% owned by black people living in rural or underdeveloped
areas or townships; or
f. a cooperative which is at least 51% owned by black people; or
g. an EME or QSE which is at least 51% owned by black people who are military veterans;
or
h. more than one of the categories referred to in paragraphs a to g; and
i. which is tax and COID compliant; and
j. which is CIDB registered where applicable.
1.1.44 “Subcontract’s Base Date” means the date 28 days prior to the latest date for submission
of the subcontract tender.
1.1.45 A“day” means a calendar day, except if otherwise indicated in the contract. A “year” means
365 calendar days.
1.1.46 A“working day” means a day that is not listed as a Special non-working day.
Insert the following at the end of the 1st paragraph before the colon:
“However, such notice, instruction, consent or request is not deemed to have been delivered by virtue
of its appearance in the minutes of meetings.”
“(b) No later than 14 days after the date of the Contractor’s Letter of Acceptance these persons shall
notify the other Party of their leader who shall have authority to bind that other Party and each of
these persons; and”
“The Parties shall enter into a Subcontract Agreement when the Contractor issues to the Subcontractor
the Contractor’s Letter of Acceptance (see Particular Condition Sub-Clause 1.1.6). The Subcontract
Agreement shall be in the form prescribed in the tender documents.”
“If under the Main Contract, the Engineer does not consent to the Subcontract, upon notice from the
Contractor of such non-consent:
(a) The Parties shall be discharged from further performance of the Subcontract, without prejudice
to the rights of either Party in respect of any previous breach of the Subcontract;
(b) The Contractor shall immediately return the Subcontract Performance Guarantee (if applicable)
to the Subcontractor; and
(c) Payment by the Contractor of the amounts and/or Costs as described in (a) to (d) of Sub-Clause
15.3 [Payment after Termination of the Main Contract] shall be due 28 days after the Parties’
discharge from the Subcontract.”
In the 8th line of the 1st paragraph after the word “Contract”, add “as amended”.
“The Subcontractor shall treat the details of the Subcontract as private and confidential, except to the
extent necessary to carry out obligations under it or to comply with applicable Laws. The Subcontractor
shall not publish, permit to be published, or disclose any particulars of the Subcontract Works or the
Main Works in any trade or technical paper or elsewhere without the previous agreement of the
Contractor.”
“Right of access to and possession of the Site shall be on Subcontract Commencement Date except if
otherwise detailed in the Subcontract Specification. The Contractor shall not be bound to make any part
of the Site available exclusively to the Subcontractor except those parts of the Site for those periods as
expressly detailed in the Subcontract Specification.”
“The Contractor may require the Subcontractor’s Representative to attend progress and/or contractual
meetings with the Employer and/or the Engineer. If the Subcontractor’s Representative attends any of
these meetings, he shall be permitted to review the record of the meeting and, if he has not objected to
this record within 7 days of its receipt, those minutes shall be deemed to be accurate and to be accepted
by the Subcontractor’s Representative.”
The Subcontractor shall utilise Labour and Targeted Labour from the Target Area(s) as stated in the
Main Contract, utilising the Labour Database of Targeted Labour as stated in the Main Contract.
The Subcontractor shall pay rates of wages, and observe conditions of labour, which are not lower than
those established for the trade or industry where the work is carried out. If no established rates or
conditions are applicable, the Subcontractor shall pay rates of wages observe conditions which are not
lower than the general level of wages and conditions observed locally by the employers whose trade or
industry is similar to that of the Contractor. The conditions as stated in the Appendix to the
Subcontractor’s Offer as well as shall also apply.
No work shall be carried out on Site on any special non-working day or within non-working hours of any
day as stated in the Appendix to the Subcontractor’s Offer unless:
(a) Otherwise stated in the Subcontract or Main Contract
(b) The Contractor gives consent; or
(c) The work is unavoidable or necessary for the protection of life or property or for the safety of the
Works, in which case the Subcontractor shall immediately advise the Contractor.
The Subcontractor shall be in good standing in terms of the Compensation for Occupational Injuries and
Disease Act (COIDA) and have a letter as proof.
The Subcontractor shall be made conversant and comply with the Contractor’s project specific Health
and Safety plan, at all times.
The Subcontractor shall comply with all legal requirements pertaining to an employer, which include the
responsibility to provide as far as reasonably practicable a safe and healthy working environment for his
employees, as per Section 8 of the OHS Act.
The Subcontractors’ personnel shall be appropriately skilled and experienced in their respective trades
or occupations. The Contractor may require the Subcontractor to remove (or cause to be removed) any
person employed on the site or works, including the Subcontractors’ representative, if applicable, who:
(a) Persists in any misconduct and lack of care
(b) Carries out duties incompetently or negligently
(c) Fails to conform with any provision of the Subcontract
(d) Persists in any conduct which is prejudicial to safety, health or protection of the environment
(e) is found, based on reasonable evidence, to have engaged in corrupt, fraudulent, collusive or
coercive practice; or
(f) has been recruited from the Contractor’s Personnel or the Employer’s Personnel in breach of
Sub-Clause 6.2 [Persons in the Service of Others].
The Subcontractor and/or his personnel will be provided with opportunities to receive training as
contemplated in the Main Contract. The Subcontractor shall co-operate and ensure participation in all
training provided.
The Subcontractor shall submit, to the Contractor, details showing the number of each class of
Subcontractor’s Personnel and of each type of Subcontractor’s Equipment on the Site. Details shall be
submitted each calendar month, in a form approved by the Contractor, until the Subcontractor has
completed all the Subcontract Works.”
In the 2nd line of the 2nd paragraph, after the words “Commencement Date”, insert “but within the period
stated in the Appendix to the Subcontractor’s Offer”
“If Main Contract Sub-Clause 8.9 [Consequences of suspension] applies, then the Cost payable shall
be the Suspension cost calculated in pay item C1.3.1 of the Subcontract Bill of Quantities (if applicable
and as appropriate having regard to any other compensation which may already have been granted in
respect of the circumstances concerned), else Cost payable shall be all expenditure reasonably incurred
(or to be incurred) by the Subcontractor, whether on or off the Site, including overhead and similar
charges, but does not include profit.”
Replace the last sentence of the 1st paragraph with the following:
“These delay damages shall be as calculated from the rate stated in the Appendix to the Subcontractor’s
Offer, for every day between the relevant Subcontract Time for Completion and the date upon which
completion of the Subcontract Works or Subcontract Section was achieved in accordance with Sub-
Clause 10.1 [Completion of Subcontract Works]. However, the total amount due under this sub-clause
shall be as determined between the Contractor, Engineer and Employer and shall not exceed the
maximum amount of delay damages (if any) stated in the Appendix to the Subcontractor’s Offer.”
“The Employer may make use of any part of the permanent works prior to issue of a taking-over
certificate for the Subcontract Works.”
“If the Subcontract Works is taken-over by the Contractor before taking-over of the Main Works by the
Employer in terms of Sub-Clause 10.3 [Taking-Over by the Contractor], then the Subcontract Defects
Notification Period shall be from the date on which the whole of the Subcontract Works have been taken-
over under Clause 10 [Completion of and Taking-Over the Subcontract Works] until expiry of the period
as stated in the Appendix to the Subcontractor’s Offer.”
Replace Sub-Clause 11.3 [Performance Certificate], with the following new subclause 11.3 [Subcontract
Performance Certificate]:
Performance of the Subcontractor’s obligations shall not be considered to have been completed until
the Contractor has issued the Subcontract Performance Certificate to the Subcontractor, stating the date
on which the Subcontractor has completed his obligations under the Subcontract. The Contractor shall
issue the Subcontract Performance Certificate within 7 days of the expiry of the Subcontract Defects
Notification Period, or as soon thereafter as the Subcontractor has supplied all the Subcontractor’s
Documents and completed and tested all the Subcontract Works, including remedying any defects.
After the Subcontract Performance Certificate has been issued, the provisions of the Main Contract
Clauses 11.10 [Unfulfilled Obligations] and 11.11 [Clearance of Site] shall apply equally to the
Subcontract.“
“Any quantities which may be set out in the Subcontract Bill of Quantities or other Schedule are
estimated quantities and are not to be taken as the actual and correct quantities:
(a) of the Subcontract Works which the Subcontractor is required to execute, or
(b) for the purposes of Clause 12 [Measurement and Evaluation]
The Subcontractor shall submit to the Contractor within 14 days of receiving a written request, a full
breakdown of all rates. The Contractor may take account of the breakdown when evaluating claims and
making decisions.”
In the 1st line of the 1st paragraph, delete “70 days” and replace with “14 days (if the Subcontractor is a
Targeted Enterprise) or 30 days (if the Subcontractor is not a Targeted Enterprise)”.
Delete all the paragraphs except for, the 1st paragraph (ending with the words “… Appendix to the
Subcontractor’s Offer.”) and the last paragraph (commencing with the words “If the Subcontractor is
under …”), and replace with the following paragraph:
“Provided that the Contractor shall be entitled to withhold or defer payment of all or part of any sums
otherwise due in respect of a Subcontractor’s monthly statement if a dispute arises or has arisen
between the Subcontractor and the Contractor involving any question of measurement or quantities or
any other matter included in the Subcontractor’s monthly statement. Any payment so withheld or
deferred shall be limited to the extent that the amounts in the Subcontractor’s monthly statement are the
subject of a dispute. If the Contractor withholds or defers payment of any amount in a Subcontractor’s
monthly statement, then he shall notify the Subcontractor of his reasons for doing so as soon as is
reasonably practicable but not later than the date when this payment would otherwise have become
due. The Contractor’s withholding or deferring payment of any amount in a Subcontractor’s monthly
statement shall not preclude the Subcontractor from including that amount in following Subcontractor’s
monthly statements.”
“The Contractor shall pay the Subcontractor the full value as certified by the Engineer as being due to
the Subcontractor in each Interim Payment Certificate, without any deduction for plant, equipment,
materials or fuel supplied by the Contractor.”
Delete all the paragraphs and replace with the following paragraphs:
“If the whole of the Subcontract Works have been taken-over under Sub-Clause 10.2 [Taking-Over the
Subcontract Works] or Sub-Clause 10.3 [Taking-Over by the Contractor], the Contractor shall pay the
Subcontractor the first half of the retention money under the Subcontract no later than 14 days after the
whole of the Subcontract Works have been taken-over and all minor outstanding work have been
completed. If a part of the Subcontract Works has been taken-over under Sub-Clause 10.2 [Taking-
Over the Subcontract Works] or Sub-Clause 10.3 [Taking-Over by the Contractor], the Contractor shall
pay the Subcontractor a proportion of the retention money under the Subcontract no later than 14 days
after that part has been taken-over by the Contractor. This proportion shall be 50% of the proportion
calculated by dividing the estimated subcontract value of the part by the estimated final Subcontract
Price.
No later than 7 days after expiry of the Subcontract Defects Notification Period, the Contractor shall pay
the Subcontractor the remaining portion of the retention money under the Subcontract. However, if any
work remains to be executed under Clause 11 [Defects Liability], the Contractor shall be entitled to
withhold payment of the estimated cost of this work until it has been executed and the Subcontract
Performance Certificate issued.”
“Within 7 days after the Subcontractor has finally performed his obligations under the Subcontract,
provided that 35 days have expired since submission by the Subcontractor of the Subcontractor’s Final
Statement, the Contractor shall pay to the Subcontractor the balance of the Subcontract Price finally
due.”
Delete the 2nd and 3rd paragraphs (beginning with “If the Main Contract has been terminated …” and
ending with “… the Subcontractor shall place the same at the Employer’s disposal.”) and replace with
the following:
“Payment by the Contractor of any of these amounts or Costs shall be due as soon as practicable after
termination of the Subcontract.
If Main Contract Clause 19.7 [Release from Performance under the Law] applies to the Main Contract
or the Main Contract has been terminated under Main Contract Sub-Clause 16.2 [Termination by
Contractor] or Main Contract Sub-Clause 19.6 [Optional Termination, Payment and Release], and the
Contractor receives payment from the Employer for any Subcontract Plant and/or materials, then the
Subcontract Plant and/or materials shall become the property of (and be at the risk of) the Employer
when paid for by the Employer, and the Subcontractor shall place the same at the Employer’s disposal.”
The time specified in the Notice to Correct shall not imply any extension of Time for Completion.”
Add the following additional clause references to the last sentence of the 1st paragraph, before the words
“under Clause 15 [Termination of the Main Contract and Termination of the Subcontract by the
Contractor]” :
“ as specifically provided for in Sub-Clause 8.7 [Subcontract Damages for Delay]; Sub-Clause 17.4
[Intellectual and Industrial Property Rights]; and under”
The provisions of Main Contract Sub-Clause 17.5 [Intellectual and Industrial Property Rights] shall apply
to the Subcontract.”
“The Notice of Dispute shall be given as soon as practicable, and not later than 21 days after the Party
became aware, or should have become aware, of the event or circumstance giving rise to the Dispute.
The Notice of Dispute shall refer to the relevant clause(s) in the subcontract agreement. If the Party fails
to give notice, he shall have no further right to dispute the event or circumstance, or the part thereof not
disputed in the said notice.
Prior to referral of any dispute to the Subcontract DAB in terms of this Sub-Clause, the dispute shall first
be referred to the Engineer in writing for its decision, with a copy to the other Party. The Engineer’s
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
C1.24
decision shall be binding on both Parties unless and until it shall be revised by a Subcontract DAB
decision in accordance with Sub-clause 20.6 [Obtaining Subcontract DAB’s Decision]. Either Party shall
have the right to refer a dispute to the Subcontract DAB after receipt of the Engineer’s decision on the
dispute. Provided that, unless either Party shall, within 21 days after his receipt of a decision by the
Engineer, refer the dispute to the Subcontract DAB for a decision, he shall have no further right to
dispute that decision or the part thereof not disputed in the said notice. “
“Where the subject of the Subcontractor dispute is referred to the Main Contract DAB, the Contractor
shall use all reasonable endeavours to pursue the dispute on the Contractor’s and the Subcontractor’s
behalf and for both the Contractor’s and the Subcontractor’s benefit, and shall regularly keep the
Subcontractor informed of the progress of these endeavours. The Contractor shall as soon as
practicable but not later than 7 days of its receipt of the Main Contract DAB decision, notify the
Subcontractor of this decision. Unless the Subcontractor notifies the Contractor of his dissatisfaction
with the Main Contract DAB’s decision within 7 days of his receipt of the Contractor’s notice, this decision
shall be deemed to be accepted by the Subcontractor. This decision shall be binding on both Parties to
the Subcontract unless and until it shall be revised in an amicable settlement as described in Sub-Clause
20.6 [Obtaining Subcontract DAB’s Decision], or an arbitral award in accordance with Sub-Clause 20.7
[Subcontract Arbitration].”
“Where the subject of the Subcontract dispute is not referred to the Main Contract DAB, and the
decision by the Engineer on a dispute made under Sub-clause 20.4 [Subcontract Disputes], is referred
to the Subcontract DAB, the dispute between the Contractor and the Subcontractor shall be decided
by a Subcontract DAB.
Where a Main Contract DAB is appointed under the Main Contract, the Subcontract DAB shall
comprise of the members of the Main Contract DAB.”
Add the following as the 1st part of the 1st sentence of the 1st paragraph:
“Where a Main Contract DAB is not appointed under the Main Contract…”
In the 10th line of the 1st paragraph, replace “FIDIC” with “SAICE”.
In the last sentence of the last paragraph delete the full stop and add the following:
“and the provisions relating to payment shall not apply hence the Party that referred the dispute to the
Subcontract DAB shall be responsible for paying the remuneration of the Subcontract DAB.”
“The appointed Subcontractor’s DAB shall have the freedom to first mediate between the parties in an
effort to settle the dispute by mutual agreement before adjudicating the matter as is provided for in these
conditions and give a decision in the dispute that has been referred.”
“Unless settled amicably, any Subcontractor dispute in respect of which the Main Contract DAB’s
decision or Subcontract DAB’s decision (if any) has not become final and binding shall be finally settled
by means of Arbitration. The Arbitration shall be conducted under the provision of the South African law
as it applies to Arbitration (Act 42 of 1965).”
1. PARTIES
Name and address of Employer: The South African National Roads Agency
SOC Limited (SANRAL)
48 Tambotie Avenue
Val De Grace
Pretoria, 0184
(a) The Site is Located: National Route 1, Section 16, from Km 12.84
to Km 32.2. This project is in the province of
the Free State in the district municipality of
Lejweleputswa and local municipality of
Masilonyana.
(b) The Main Works Comprise: The main works consist of:
(1) Preparation on fast lanes, and slow-
and fast shoulders before traffic
accommodation closures are
implemented:
• Fogspray fast lanes and slow- and
fast shoulders.
• Apply texture correction slurry
over areas not to be repaired
• Paint temporary road markings
and install temporary road studs
(2) Slow lanes construction:
• Mill out the existing UTFC and
asphalt surfacing over a width of
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
C1.26
The Conditions of the Main Contract consist of the FIDIC Conditions of Contract for
Construction for Building and Engineering Works Designed by the Employer, First Edition
1999, published by the International Federation of Consulting Engineers (FIDIC) together with
the Particular Conditions of the Main Contract.
The Appendix to Tender of the Main Contract and the Particular Conditions of the Main
Contract is attached to this Annex A
The following parts of the Main Contract will be C2.2 Pricing Schedule (Incorporating
confidential between the Employer and the SBD3)
Contractor, and shall not be made available for
inspection to the Subcontractor C2.3 Summary of Pricing Schedule
Exclusions None
2. Subcontract Bill of Quantities and/or schedule of prices (if any) (Sub-Clause 1.1.18)
The subcontract Bill of quantities is contained in Part C2 Pricing Data
Common camp facilities, including The Main Contractor has established a camp site close to
messing, medical, security, safety, the site, which may be used by the Subcontractor for
recreation, laundry, house- storage of plant, equipment or materials. The site camp is
keeping, electricity, water, also being used by the Main Contractor and other
sewage, waste disposal, and other Subcontractors and therefore not exclusively provided for
general camp services the appointed Subcontractor. Although security is available,
the Subcontractor is fully responsible for security of his own
plant, equipment and material. The Main Contractor will not
be held liable for any damage to or loss of any plant,
equipment and material.
Contractor’s Equipment and Any plant, equipment and material provided by the Main
vehicles Contractor to the Subcontractor, that requires recovery from
the Subcontractor, will be recovered by the Main Contractor
through normal commercial debt repayment processes.
Facilities None
5. Free-Issue Materials
Material None
2. Insurances to be effected and maintained by the Contractor under the Main Contract
that relate to the Subcontract Works
The Insurances listed The Contractor is to provide insurance for the Works.
shall be effected and
maintained by the The following insurances are effected and maintained by the
Contractor Contractor):
• Insurance for Works and Contractor’s Equipment
• Insurance for Contractor’s Personnel
• General public liability
• SASRIA
3. Insurances to be effected and maintained by the Employer under the Main Contract that
relate to the Subcontract Works
The Insurances listed The Employer will not effect or maintain any insurance that relate to
shall be effected and the Subcontract Works.
maintained by the
Employer
Acceptance The Contractor shall within 14 days of receiving the initial programme
respond by either stating that this initial programme complies with the
Subcontract, in which case it shall become the Subcontract
Programme; or rejecting this initial programme, giving sufficiently
detailed and cogent reasons to enable the Subcontractor to revise the
initial programme in a timely manner. If the Subcontractor receives no
response from the Contractor within 14 days of submitting the initial
programme, it shall become the Subcontract Programme.
If the Contractor responds stating that the initial programme fails (to
the extent stated) to comply with the Subcontract, the Subcontractor
shall submit a revised initial programme within 7 days of receipt of the
Contractor’s response, taking due account of the reasons given by
the Contractor. The Contractor shall within 7 days of receiving this
revised initial programme, respond by either stating that it complies
with the Subcontract in which case it shall become the Subcontract
Programme; or stating that the initial programme fails (to the extent
stated) to comply with the Subcontract, giving sufficiently detailed and
cogent reasons to enable the Subcontractor to further revise the initial
programme in a timely manner.
Subcontract duration Thereafter, for the duration of the Subcontract Works, the
Subcontractor shall update the programme and each updated
programme shall be subject to the requirements of this Annex. The
Subcontractor shall not delay any work whilst awaiting a response
from the Contractor in respect of any updated or revised updated
Subcontract programme.
1. This form is the equivalent of the Appendix to the Subcontractor’s Offer as defined in Sub-
Clause 1.1.3 of the FIDIC Conditions of Subcontract, 2011.
2. Subcontract clause numbers (SCl No.) refer to the FIDIC Conditions of Subcontract, 2011. The
prefix PCC refers to an amendment or addition in the Particular Conditions of Contract.
Physical address:
25 Bloemendal Road
Bloemfontein
9301
Contractor:
Physical address:
Tau Pele Construction Site Offices located at
GPS -28.893732, 26.630229
Postal address:
25 Bloemendal Road, Rayton
Bloemfontein, 9301
Note to Tenderer:
This form is the equivalent of the Appendix to the Subcontractor’s Offer as defined in Sub-
Clause 1.1.3 of the FIDIC Conditions of Subcontract, 2011
....................................................................................................................................................................
....................................................................................................................................................................
Telephone: ................................................................................................................................................
Facsimile: ..................................................................................................................................................
E-mail: .......................................................................................................................................................
Name: ...............................................................................................................................................................
C2.1.1 Measurement and payment shall be in accordance with the relevant provisions of the
Standard Specifications as amended in the Scope of Works.
C2.1.2 The units of measurement described in the Bill of Quantities are metric units.
Abbreviations used in the Bill of Quantities are detailed in the Standard Specifications.
C2.1.3 For the purposes of the Bill of Quantities, the following words shall have the meanings
hereby assigned to them.
Unit: The unit of measurement for each item of work as defined in the
Standard Specifications or the Scope of Works.
Rate: The payment per unit of work for which the Subcontractor tenders to
do the work.
Amount: The product of the quantity and the rate tendered for an item.
C2.1.4 Unless otherwise stated, items are measured net in accordance with the drawings, and
no allowance is made for waste.
C2.1.5 It will be assumed that prices included in the Bill of Quantities are based on Acts,
Ordinances, Regulations, By-laws, International Standards and National Standards that
were published 28 days before the closing date for tenders. (Refer to www.sabs.co.za for
information standards).
C2.1.6 The prices and rates in the Bill of Quantities are fully inclusive prices for the work
described under the items, and include all duties, taxes (except Value Added Tax) and
other levies payable by the Subcontractor. Such prices and rates cover all costs and
expenses that may be required in and for the execution of the work described in
accordance with the provisions of the Scope of Work, and shall cover the cost of all
general risks, liabilities and obligations set forth or implied, as well as overhead charges
and profit. These prices will be used as a basis for assessment of payment for additional
work that may have to be carried out.
C2.1.7 Where the Scope of Work requires detailed drawings and designs or other information to
be provided, all costs associated therewith are deemed to have been provided for and
included in the unit rates and sum amount tendered such items.
C2.1.8 An item against which no price is entered will be considered to be covered by the other
prices or rates in the Pricing Schedule. A single lump sum will apply should a number of
items be grouped together for pricing purposes.
C2.1.9 The quantities set out in the Bill of Quantities are approximate and do not necessarily
represent the actual amount of work to be done. The quantities of work accepted and
certified for payment will be used for determining payments due and not the quantities
given in the Bill of Quantities.
C2.1.10 Reasonable compensation will be received where no pay item appears in the Bill of
Quantities in respect of work required in terms of the Contract and which is not covered
in any other pay item.
C2.1.11 The short descriptions of the items of payment given in the Bill of Quantities are only for
the purposes of identifying the items. More details regarding the extent of the work
entailed under each item appear in the Scope of Work.
C2.1.12 The item numbers appearing in the Bill of Quantities refer to the corresponding item
numbers in the Standard Specifications.
C2.1.13 If the pricing schedule is provided electronically in excel format and in hard copy, in the
event of any discrepancy between the signed printed hard copy or pdf copy, and the
electronically submitted copy in excel, the tender rates in the signed hard copy will govern.
The item numbers and description of the hard copy or pdf document will govern. For all
addenda issued relating to the pricing schedule, the item numbers, description and
quantities of the issued document will govern.
SUBTOTAL R ………………………………………….
C3.1.1 SCOPE
This section provides the description of the project and the general requirements for executing
the subcontract work. The work required is for asphalt surfacing for rehabilitation (fast lanes and
shoulders) for the national road National Route 1, Section 16, from km 12.84 to km 32.2. The
total distance is approximately 19.36 km.
It is a requirement of the Main Contract for the Contractor to facilitate the Subcontractor
development of targeted enterprises as a contract participation goal by means of subcontracting
some of the scheduled work section(s) to targeted enterprises as subcontractors.
(a) Location of site: The project extends from National Route 1, Section 16, from
Km 12.84 to Km 32.2. The project is within the boundaries of the province of
the Free State in the district municipality of Lejweleputswa and local
municipality of Masilonyana.
The general locality of the site is indicated on the locality plan bound in the
back of this volume.
The term “Site” as defined in the Main Contract in terms of Clause 1.1.6.7 of
the FIDIC Conditions of Contract for Construction, 1999 and is bound by the
limits of construction as shown in the drawings or the title of the project and
extends to also include the following:
• Areas outside the construction zone areas where accommodation of
traffic is placed.
• All borrowpits defined in the applications approved by the relevant
Department of Minerals and Energy.
• All haul roads constructed by the Contractor for purposes of access.
• Any non-adjacent sites specified in the contract documentation.
• The Contractor’s and his subcontractors’ camp sites
The description of the project contained in this section is merely an outline of the
Subcontract works and shall not limit the work to be carried out by the Subcontractor
under this Subcontract. Approximate quantities of each type of work to be carried
out in accordance with the Subcontract documents are listed in the Pricing Schedule
bound in this volume.
The nature of work to be carried out under this Subcontract include full
construction/maintenance services (all-inclusive of necessary plant, material, fuel
and human resources) for Asphalt surfacing for rehabilitation (fast lanes and
shoulders).
C3.1.3 DRAWINGS
Not applicable.
Not applicable.
The Subcontractor shall provide a suitable site for his camp. However, the Contractor will
provide shared facilities as detailed in Annex D of the Contract Data of the Conditions of
Subcontract.
Trees and shrubs established in landscaped areas of interchanges and in the road
reserve may under no circumstances be disturbed without specific instruction from
the Contractor for their removal. Trees and shrubs inadvertently destroyed by the
Subcontractor shall be replaced with the equivalent at the Subcontractor’s own cost.
C3.1.6.3 Dayworks
The Subcontractor shall tender the rates applicable to daywork, as provided for in
the Bill of Quantities. These rates will be taken into account in the adjudication of
tenders.
The tendered rates shall be considered to include full compensation for the work to
be performed, including supervision of labour, all plant operators and other operating
costs, overheads and profit. Hourly rates for transport and equipment shall apply to
the actual number of hours for which the vehicles or equipment are required for a
specific item of work, including travelling time if applicable.
The Contractor on behalf of his Subcontractors, shall maintain a hard cover duplicate
book on site for the purposes of recording daywork. The Contractor shall record the
total time claimed under each relevant item of the Bill of Quantities and the applicable
instruction of the Engineer and shall ensure that the total times claimed are agreed
and signed daily by the Engineer’s representative on site.
The Subcontractor shall not claim daywork for any work for which an applicable rate
has been tendered or agreed to in writing by the Engineer.
The cost of materials used and paid for by the Contractor or his Subcontractors, as
authorised by the Engineer, shall be reimbursed at net cost, exclusive of Value
Added Tax, plus the percentage as tendered for the contractor's overhead charges
and profit.
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
C3.5
In the event where no allowance has been made for a specific item in the Pricing
Schedule, the Engineer may order daywork according to sub-clause 13.6 of the
FIDIC Conditions of Subcontract for Construction, 2011.
Access to work areas and requirement for allowance of other contractors within the work
areas is detailed in Annex D of the contract Data of the Conditions of Subcontract.
This clause covers matters relating to the programme of work, restriction on certain
activities, completion and responding time of specified activities, and compliance with the
specifications.
C3.1.8.1 Programme
The Time for Completion of the Works is specified in the Appendix to the
Subcontractor’s Offer.
The frequency and commencement period of some of the key activities, as instructed
by the Contractor are scheduled in Table C3.1.8/1.
Work activities will be restricted on days or hours indicated in clause 6.6 of the
Contract Data of the Conditions of Subcontract .and the Subcontractor must allow
for these restrictions in his programme and no extension of time or claims in this
regard will be considered.
In terms of the Construction Regulation 5(1)(b) of the Occupational Health and Safety Act,
1993 (Act No 85 of 1993), the South African National Roads Agency SOC Limited, as the
Employer, is required to compile a specification on health and safety for the project. The
Contractor will furnish the Subcontractor with the applicable specification and his Health
and Safety plan.
The Employer has developed a comprehensive information management tool called ITIS
(Integrated Transportation Information System) to address all facets of its strategic and
tactical planning, design, construction and maintenance of the entire road network. This
provides support for the management tasks of the Employer and to allow the personnel to
make technical decisions more quickly and efficiently.
The Employer then has several ITIS modules running on any of the above ITIS platforms
which affect the Contractor, who will need to use these modules to perform certain
procedures and to provide required information. The current modules applicable and their
description are as follows:
(i) Project Information Module – employment and training data.
The Contractor shall appoint a dedicated Targeted Enterprise Construction Manager (TE
Construction Manager) whose sole responsibility shall be to assist the Contractor with the
execution of his responsibilities towards Targeted Enterprises and Target Groups. Amongst
others, the TE Construction Manager shall facilitate the training, mentoring, development
and support of Targeted Enterprises as per the Contractor’s approved Training and Skills
Development Programme.
The TE Construction Manager shall have on his team one (1) TE Site Supervisor for every
six (6) Targeted Enterprises which are in their respective construction phases and one (1)
Senior TE Supervisor for every six (6) TE Site Supervisors.
a) General Obligations
The Contractor shall, with the assistance of the TE Construction Manager, comply
with the following general obligations:
(i) Assist the Targeted Enterprises in instituting a quality assurance system;
(ii) Provide adequate training, coaching, guidance, mentoring and any other
identified and approved assistance to Targeted Enterprises;
(iii) Provide support and any other identified and approved assistance to ensure
that the Targeted Enterprises meet their obligations and commitments with
respect to their subcontracts, and
(iv) Ensure that the Contract Participation Goals (CPG) objectives are achieved.
b) Subcontract Agreements
The Contractor, shall conclude the subcontract agreements with the Targeted
Enterprises. The subcontract agreement shall be the FIDIC subcontract agreement
and shall be in accordance with the provisions of amended sub-clause 4.4 of the
Conditions of Contract and shall be consistent with the terms and conditions of the
Main Contract.
(i) The Targeted Enterprise is entitled to receive the training contemplated in the
Main Contract;
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
C3.7
Note:
To protect Targeted Enterprises’ competitive advantage and/or tender strategy, only
the main subcontract agreement shall be available to the PLC for acknowledgement
and not the pricing structure and/or Schedule of Quantities.
The Contractor’s TE Construction Manager shall closely monitor and supervise all
Targeted Enterprises and shall train, coach, guide, mentor and assist each Targeted
Enterprise in all aspects of management, execution and completion of its
subcontract. This shall typically include assistance with planning of the Works,
sourcing and ordering of materials, labour relations, monthly measurements and
invoicing procedures. The extent and level of such training, coaching, guidance,
mentoring, and assistance to be provided by the Contractor shall commensurate with
the level of subcontract applicable and shall be directed at enabling the Targeted
Enterprise to achieve the successful execution and completion of its subcontract.
If the Targeted Enterprise, in the opinion of the Engineer, fails to comply with any of
the criteria listed below, the Engineer shall issue a written warning to the Contractor,
stating all the areas of non-compliance. A copy of the letter of warning shall be
forwarded to the Employer. The criteria are as follows:
(i) Acceptable standard of work as set out in the specifications;
(ii) Progress in accordance with the time constraints in the subcontract and the
subcontract programme;
(iii) Punctual and full payment of the workforce and suppliers;
(iv) Site safety; and
(v) Accommodation of traffic.
The Contractor shall give reasonable warning to the Targeted Enterprise when any
contravention of the terms and conditions of the subcontract has occurred or appears
likely to occur. The Contractor shall, whenever feasible, give the Targeted Enterprise
reasonable opportunity to make good any such contravention, or to avoid such
contravention, and shall render all reasonable assistance to the Targeted Enterprise
in this regard.
When any disputes arise, the Contractor shall explain fully to the Targeted Enterprise
that such actions are provided for in the subcontract agreement. If such action is
contemplated it shall be discussed with the Engineer and tabled to the PLC before
any action is taken.
The Targeted Enterprise shall have 21 calendar days from the date of receipt of the
letter of warning by the Contractor to address and rectify the issues raised by the
Engineer, except for issues pertaining to Site Safety and Accommodation of Traffic,
for which the reaction time shall be in accordance with the relevant specifications for
those aspects of the Works, but which shall not be longer than 24 hours. Failure by
the Targeted Enterprise to comply with a deadline, will be sufficient grounds for the
Contractor to apply a penalty or terminate the subcontract provided that the
Employer and the Engineer is satisfied that the Contractor has made every effort to
correct the performance of the Targeted Enterprise.
The Targeted Enterprise shall have the right to dispute any ruling given or deemed
to have been given by the Contractor or the Engineer. Provided that, unless the
Targeted Enterprise shall, within 21 calendar days after his receipt of a ruling or after
a ruling shall have been deemed to have been given, give written notice (hereinafter
referred to as a Dispute Notice) to the Contractor, referring to the relevant clause(s)
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
C3.8
The Contractor shall under the auspices of the PLC develop a Training and Skills
Development Programme which shall be managed by the Contractor’s TE Construction
Manager.
Included in the Skills Audit and Analysis shall be a separate section, analysing the
education, qualifications and skills sets of the Targeted Enterprise’s owners and
supervisors subcontracted by the Contractor to develop a Training and Skills
Development Programme that will develop and improve the ability of small business
owners and their supervisory staff to better manage their enterprises.
The Employer shall be involved in the decision making and quality control pertaining
to the development and implementation of the Training and Skills Development
Programme(s).
The complete Training and Skills Development Programme shall be approved by the
Employer and Engineer and signed off by the PLC before any training commence.
The Training Service Provider entity shall be accredited, and have in its employ
Practitioners, Assessors and Moderators whom are registered, with the Construction
Education Training Authority (CETA). Proof of accreditation and registration shall be
current, valid and list the NQF levels and Unit Standards for which the entity and its
staff are accredited.
The Training and Skills Development Programme shall consist of Learnerships that
include multiple, but related Unit Standards which are (1) relevant to the Works to
be constructed, (2) aimed at achieving the skills development objectives of the
Programme, and (3) lead towards a formal qualification in the Construction Industry.
Learnerships shall include both the theoretical and practical components of each
Unit Standard and shall be in accordance with the various laws and regulations
contained in the South African Qualification Authority (SAQA) statutes.
The Skills Audit and Analysis shall inform the Contractor of every employee’s
Recognised Prior Learning (RPL) skills and competencies, which shall be
taken into consideration in the development of the Training and Skills
Development Programme so that the RPL skills and competencies, together
with the Training Programme Unit Standards offerings, will lead to a full
Learnership outcome and hence a formal qualification.
The Training Service Provider shall apply the SAQA Learnership criteria of
which the basic elements are listed below to demonstrate the Employer’s
requirements:
a. Minimum credits for qualification;
b. Fundamental Unit Standards and credit values;
c. Core Unit Standards and credit values;
d. Elective Units Standards and credit values;
e. Assumption that NQF Level 3 literacy, numeracy, and computer
competencies exist;
f. RPL processes;
g. Exit level outcomes.
The above criteria are not exhaustive, and the Training Service Provider shall
apply the systems and processes required by the relevant SAQA and other
related legislation pertinent to training.
While structuring the Learnership offerings, the Training Service Provider shall
distinguish between the levels of learning required. The bulk of the training
shall focus on NQF Levels 4 and 3. NQF Level 5 training is not anticipated but
may be suitable for qualifying staff of established small contractors. The
qualification titles for the respective NQF Levels are:
a. NQF Level 3 National Certificate: Construction Roadworks.
b. NQF Level 4 National Certificate: Supervision of Construction
Processes
c. NQF Level 4 National Certificate: Business Management
d. NQF Level 5 National Diploma: Management of Civil Engineering
Construction Processes
CONSTRUCTION WORKS SUBCONTRACT DOCUMENT VERSION 2: AUGUST 2022 EDMS #20010922
C3.10
All training shall take place within normal working hours, or as agreed with the
trainees.
It should be noted that where this section refers to the selection and training
of Trainees, any person, employed by any national, provincial or local
authority, being it full time or part time, is expressly excluded from being
considered for this training.
The Standard Specifications for Road and Bridge Works for South African Road Authorities (Draft
Standard October 2020 edition) prepared by the Committee of Transport Officials, (COTO), as
amended, shall apply to this subcontract.
PART A: SPECIFICATIONS
A1.1.2 DEFINITIONS
Replace the Definition for “Site / Site of the Works” with the following:
“Site / Site of the Works - shall mean the entire road reserve (both new and existing), inclusive of road
junctions and property accesses, required for construction of the Works as defined by the limits of
construction given in the Contract Documentation. It shall also include areas within statutory building
lines where work has to be carried out and any additional lengths of road required for the placement of
advanced warning road signs and/or traffic accommodation measures beyond the limits of
construction as shown on the drawings. The Site shall also include areas outside of the road reserve
required for Construction camps, Engineer’s site facilities, Borrow pit areas or quarry areas, haulage
and access roads, temporary deviations, storage areas, spoil areas and stockpile areas. The exact
extent of the limits of the construction will be verified once the Site is handed over to the Contractor.”
PART A: SPECIFICATIONS
A1.2.3 GENERAL
“The Contractor’s responsibility for routine maintenance on this contract is indicated in the Contract
Documentation.”
The backfilling for patching shall be done as indicated in the Contract Documentation.
In various chapters of this Standard Specification, reference is made to Manuals, other specifications
and test methods. If not otherwise indicated in the Contract Documentation, the latest published
Manual, other specification and test methods at time of close of tender will apply. Any changes to be
implemented on a project as a result of revisions to manuals, other specifications and test methods,
will be handled in terms of the Conditions of Contract.
Certain TRH and TMH documents are published as Sabita Manuals/TRH or Sabita Manuals/TMH
publications. Where reference is made to the TRH or TMH document, it shall be read as referring to
the latest version of the Sabita Manual/TRH publication or Sabita Manual/TMH publication,
respectively.”
a) General
“The contractor shall note that the examination of a road with a view to rehabilitation is normally
undertaken a considerable period of time before the commencement of the contract, and that
conditions may subsequently change. The engineer will make further examinations during the period
of contract, and, depending on the results of such examinations, the quantities of any items of work
may be drastically increased or decreased.
The contractor shall base his initial programme for road rehabilitation on the scope of the work as
described in the project specifications on the quantities contained in the Pricing Schedule (Part C2).”
SPECIFICATION DATA
Item Unit
“Should the combined total tendered for items C1.3.1.1, C1.3.1.2 and C1.3.1.3 exceed 15%
of the tender sum (excluding VAT), the tenderer shall state his reasons in writing for
tendering in this manner. The tenderer's attention is drawn to Form C1: Tenderer’s
Establishment on Site, (bound in this Volume), to be completed by the tenderer. If the
tenderer should require additional compensation for his obligations under section 1.3 (over
and above the total tendered for item C1.3.1) by including such additional compensation in
the tendered rates and/or lump sum of items in the Pricing Schedule, these items and the
value of such additional compensation shall also be indicated in writing in a letter attached
to Form C1.”
PART A: SPECIFICATION
A9.1.5 MATERIALS
Replace Table A9.1.3-2: Nominal mix proportions of sand skeletal mixes for tender
purposes with the following table (including notes):
Should reclaimed asphalt be used, the standard nominal mix proportions detailed above
shall still apply. The nominal mix proportions for the binder and aggregate indicated in the
above table includes reclaimed asphalt binder and aggregate as well as virgin binder and
aggregate respectively. Only virgin binder added to the mix shall be subject to Rise and
Fall payments. “
A9.1.5.4 Aggregates
a) Aggregate properties
In the 1st paragraph, delete the 2nd sentence: “Coarse and fine aggregate shall be clean
and free from decomposed materials, vegetable matter or any other deleterious
substances, and shall meet the requirements listed in Table A9.1.5-1 below unless
otherwise specifically stated in the Contract Documentation.”, and replace with the
following:
“Coarse and fine aggregate shall be clean from excess dust and free from decomposed
materials, vegetable matter and any other deleterious substances such as clay lumps and
organic matter and shall meet the requirements listed in Table A9.1.5-1 below unless
otherwise specifically stated in the Contract Documentation.”.
A9.1.8 WORKMANSHIP
Replace the entire clause A9.1.8.4 Surface regularity with the following:
“a) Measured using inertial laser profilometers and ARRB Walking Profilometers
For the lanes and surfaced shoulders wider than 2,0 m of the through road as well as
interchange ramps and crossroads, the roughness of the surfacing will be determined by
using an inertial laser profilometer as specified in Chapter 20, and capable of producing a
Class 1 vertical measurement resolution, and a Class 3 longitudinal sampling distance as
defined in ASTM standard (E950-09).
Surfaced shoulders less than 2,0 m wide will be assessed according to measurements
obtained from the adjacent trafficked lane.
The inertial laser profilometer shall be used to record the longitudinal profile in both wheel
tracks (which shall be 1,75 m apart) of each traffic lane or shoulder wider than 2,0 m, as
determent according to the final line markings that will be applied after construction. Should
the two tracks not be measured simultaneously during the same pass, then procedures
shall be implemented to ensure that the longitudinal profile data recorded for the two wheel
tracks are at the same longitudinal location on the road.
The measured longitudinal profiles will then be processed using the Quarter-Car simulation
model with parameter values as defined in ASTM standard (E1170-97) for Ride Meter-
Vehicle Mounted. The simulated suspension mentioned will then be linearly accumulated
and divided by the length to yield 100 m IRI (International Roughness Index) values in units
of mm/m or m/km for each wheel track. The last 50 m, and the joining first 50 m of adjacent
sections will be evaluated as a 100 m section in the direction of vehicle travel. For each
measured lane the left and the right 100 m IRI values from the three runs will then be
averaged to produce the Average IRI as follows:
Run1 IRI100 m Ave = (100 m IRI Left wheel track + 100 m IRIRight wheel track) / 2.
Run2 IRI100 m Ave = (100 m IRI Left wheel track+ 100 m IRIRight wheel track) / 2.
Run3 IRI100 m Ave = (100 m IRI Left wheel track + 100 m IRIRight wheel track) / 2.
Average IRI100 m = (Run1 IRI100 m Ave + Run2 IRI100 m Ave + Run3 IRI100 m Ave) / 3
The Average IRI100 m values are then evaluated and judged according to Table A9.1.8-3
to determine whether the 100 m section needs corrective work or payment adjustments.
The values in Payment Bracket 6 in Table A9.1.8-3 shall be applied as the payment
adjustment factors for the Asphalt Surfacing on the fast lanes. Ion all other cases, the
applicable Full Payment Bracket in Table A9.1.8-3 (Where value = 1.000) for the measured
lanes and shoulders will be determined as follows:
Calculate the applicable Target IRI100 m Ave for full payment as follows:
where:
IRIb Ave = Average IRI100 m before the construction of the asphalt as determined from:
NAT = New Asphalt Surface Thickness (measured in mm) for layer being evaluated,
applied over a section as part of this contract. For example, should two 60 mm asphalt
base layers be applied separately followed by a double seal, then NAT for each asphalt
layer = 60 mm (the double seal shall not form part of the NAT calculation).
Using the Target IRI100 m Ave calculated above, find the matching Target IRI100 m Ave
range in the first column of Table A9.1.8-3 into which the value fits. Then read horizontally
to the relevant Payment Bracket column in which the unit value (1.000) appears, as
indicated by the highlighted cells in the Table. The values in this column shall then be
applied as the payment adjustment factors for the contract or section. For example, should
the Target IRI100 m Ave be 1.33, then the Payment Bracket will be No 4.
Should the New Asphalt Thickness (NAT) vary over the contract length, then a Payment
Bracket will need to be calculated for each of these uniform NAT sections.
Any adjustment in the payment for asphalt will be made by multiplying the full payment
value for each 100 m section, (for all the relevant payment items for this work) by the
payment adjustment factor derived from Table A9.1.8-3. The payment adjustment shall
apply to the total asphalt layer width placed during a single pass of a single lane by the
paver over the 100 m sections in question. Multiple layers of asphalt shall be measured,
and evaluated, separately for each layer paved.
Asphalted shoulders less than 2,0 m wide will be assumed to have the same roughness
measurements as the adjacent lane and the quantity of material in the shoulder shall be
added to the quantity of material of the adjacent lane for determination of the payment
adjustment factor.
On sections where the Average IRI100 m is worse than the cut-off value listed in Table
A9.1.8-3 the section is rejected and corrective work shall be necessary.
Any corrective work required shall be made by the removal, through milling of the total
asphalt layer thickness and width placed during a single pass of the paver over the 100 m
section in question, followed by reinstatement. Corrective work shall not commence until
the Engineer has approved the Contractor’s method statement. If the Contractor proposes
any other corrective procedure, he shall apply to the Engineer for the Employer’s approval
of his proposal. Corrective work shall be done at the Contractor’s expense and shall be
completed prior to determining pavement thickness. After completion of the corrective
work, the 100 m sections shall be re-evaluated according to the abovementioned
procedure.
The longitudinal profile and the 100 m International Roughness Index (IRI) values shall be
determined using an inertial laser profilometer or a Class 1 Walking Profiler furnished and
operated by the Contractor or on behalf of the Contractor in the presence of the Engineer.
Prior to using an inertial laser profilometer or walking profiler it shall have successfully
completed a validation trial against the Instrument of Reference, namely the Class 1
Walking Profiler used by the Employer.
On all road sections and in areas where the use of a profilometer is not possible, the rolling
straightedge or 3,0 m straight-edge specification, as indicated below, shall apply.”
Item Unit
“The Contractor may utilise RA in his new asphalt up to a maximum of 25% binder
replacement, whether obtained from this project or from another source. The impact of
utilising RA shall be allowed for in the Contractor’s programme and tendered rate which
shall include for the following:
• Loading and hauling of the aggregate and RA to the point of use at the asphalt
batching plant,
• All cost associated with the crushing and screening of RA, including the establishment,
operating and maintenance of the crushing plant.”
PART B: SPECIFICATIONS
Information Only
All data and descriptions contained in this section of the Subcontract documents are given for
information purposes only and cannot be interpreted as prescriptive or as an instruction despite
the fact that the text may give the opposite perspective. If any conflict arises between the content
of this section and other sections of the Subcontract documents, the latter take precedence.
The description of the project contained in this section is discussed in the subsections
below. Approximate quantities for each type of work to be carried out in the contract are
listed in the pricing schedule.
C4.1.1 ROADWORKS
This project section of the N1 is a rural undivided carriageway highway with two lanes per
carriageway that starts on Section 16 km 12.84 and ends just south of the Verkeerdevlei
toll plaza at km 32.2. The general cross-section of the carriageway is:
• 20mm UTFC
• 40mm Asphalt surfacing
• 150mm G1 base layer
• 300mm Cement stabilized C3 subbase layer
• 150mm G7 Upper selected layer
• 150mm G9 Lower selected layer
(1) Preparation on fast lanes, and slow- and fast shoulders before traffic accommodation
closures are implemented:
o Mill out the existing UTFC and asphalt surfacing over a width of 4.2m (widening
300mm into slow shoulder and 100mm into fast lane). Contractor to take
ownership of material if used as RA on this project.
o Mill out G1 base material to a depth of 120mm below existing surface level over
a width of 4.2m.
o Mill out additional 20mm of base material over a width of 3.8m to allow for the
incorporation of fine material.
o Import 20mm crusher dust over a width of 3.8m, pre-shape and precompact.
The above construction sequence will yield the following pavement structure in the slow
lanes:
(4) Install geotextile strip over the longitudinal joint of the new asphalt base layer (on the
centreline of each carriageway) over the entire length of project.
(5) Construct the following 20/7/7mm split double seal over entire carriageway:
(a) Culverts
Limited repair work at culverts are required. Only damaged culverts (including head-
and wingwalls and apron slabs) shall be repaired and cleaned on instruction by the
Engineer after a detailed condition survey was completed on site.
(b) Bridges
Ancillary works on this project shall comprise the following but are not limited to:
Maintenance work required during construction comprise the following but not limited to:
• Repair of pavement failures during construction to ensure the safety of the road
user on this project section.
• Grass cutting.
• Collection of rubbish along the route.
• Repair of damaged guardrails.
• Repair or replace damaged road signs.
• Cleaning of hydraulic structures.
C4.2 DRAWINGS
Not applicable.
The Subcontractor shall make his own arrangements concerning the supply of electrical
power and all other services. No direct payment will be made for the provision of electrical
and other services. The cost thereof shall be deemed to be included in the rates and
amounts tendered for the various items of work for which these services are required. The
Subcontractor himself shall provide a suitable site for his camp and for accommodating his
labourers.
Not applicable.
The Subcontractor must take the utmost care to minimise the impact of his establishment
and other construction activities on the environment and must adhere to the requirements
as set out in Section C of the Scope of Works of the Main Contract. Where the
Subcontractor fails to adhere to these requirements the specifications in Section C of the
Scope of Works of the Main Contract provide the methodology and cost liability of remedy.
C4.6 TRAFFIC
The available traffic volumes on the road since 2011 are shown in Tables C.4.6.1 and
C.4.6.2 for the northbound and southbound direction respectively:
The South African National Roads Agency SOC Limited is committed to the implementation
of Government’s policies and in turn expects the same from its contractors. Accordingly, it
is a requirement of this project that tenderers are familiar with the specifications that relate
to the transformation of the construction industry through the following:
Tenderers should note that liaison with Community Stakeholders via active participation
with the Project Liaison Committee, as well as employment of people from within the
community, are essential parts of the project.
C4.8 CLIMATE
From Table C4.8.1 it will be noted that the sum of average rain and other delays measured
over the contract duration is 45.4 days yet the contractor is instructed to allow N = 32 days
(as indicated in the Specification Data) in his approved programme (including revisions
thereof). The reduction indicates the extent of the Employer’s share of the overall risk
attaching to delays caused by inclement weather.
* The figures shown in brackets are the average days of rain expected in December/January but reduced to take
account of the standard construction break over the Christmas/New Year period.
Refer to Section E of the Scope of Works of the Main Contract, which is available for
viewing upon prior arrangement, for the project specifics baseline risks.
Refer to Section E of the Scope of Works of the Main Contract, which is available for
viewing upon prior arrangement, for the project specifics baseline risks.
None.
C4.12 APPENDICES
APPENDIX 3: PROGRAMME
Note to tenderer:
The Annexure will include completed returnable schedules and correspondence which form
part of the subcontract.
Note to Compiler: Attach the latest version of the Subcontractor Performance Report (EDMS
DOC #4841504)