NAMIBIA TRAINING AUTHORITY · 2020. 9. 29. · part 1/0 employer: namibia training authority procurement reference no: w/onb/nta – 01/2020 project: project: upgrading to okakarara

PART B/0

EMPLOYER: NAMIBIA TRAINING AUTHORITY

PROCUREMENT REFERENCE NO: W/ONB/NTA – 01/2020

PROJECT: PROJECT: PROJECT: UPGRADING TO OKAKARARA

VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS

PART B: SCHEDULE OF

DOCUMENTS

NAMIBIA TRAINING AUTHORITY

ISSUED: 28 September 2020

FOR THE PROCUREMENT OF

BID DOCUMENT

BIDDER`S DETAILS

PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE

(VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR

CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS


COST: Free

Bidder Bidder

Name: _____________________ Representative: __________________________

Tel: _____________________ Mobile: __________________________

Fax: _____________________ E-Mail: __________________________

Bid Amount: ________________ Contract Period__________________________

PART B/1





PART B: SCHEDULE OF

DOCUMENTS

PROCUREMENT REFERENCE NO:

W/ONB/NTA – 01/2020 FOR THE PROCUREMENT OF

PROJECT: PROJECT: PROJECT: UPGRADING TO

OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING,

VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS

PART A: SCHEDULE OF DOCUMENTS

PART 1/0



PROJECT: PROJECT: UPGRADING TO OKAKARARA VOCATIONAL

TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS

PART 1: BIDDING PROCEDURES

(SECTION I: INSTRUCTIONS TO BIDDERS)

SCHEDULE OF DOCUMENTS VOLUME 1 THIS DOCUMENT (DOCUMENT FOR PROCUREMENT OF WORKS)

SECTION DESCRIPTION PAGES

Part A Schedule of Documents Part A/0 to A/3

Part 1 Bidding Procedures

Section I Instruction to Bidders (ITB) Section I/0 - I/19

Section II Bidding Data Sheet (BDS) Section II/20 - II/28

Section III Bidding Forms Section III/29 - III/67

Section IV Evaluation Criteria Section IV/68 - IV/69

Part 2 Employer’s Requirements

Section V-1 Project Specifications Section V1/0 – V1/17

Section V-2 Bill of Quantities Section V2/1 - V2/43

Part 3 Conditions of Contract and Contractual Forms

Section VI General Conditions of Contract VI/0 to VI/16

Section VII Special Conditions of Contract VII/17 to VII/27

Section VIII Contract Forms VIII/28 to VII/43

Part 4 Book of Drawings

Note 1:

The submission of a Bidder is and will be considered an acknowledgement by the Bidder(s) that

he/she has inspected these Bidding Document and that he is fully conversant with the contents

thereof and that he will not submit any claim whatsoever based on ignorance or obscurity or

insufficiency of these documents whether alleged or proved.

Note 2:

It is the Bidders responsibility to check the completeness of the issued Bid Documents.

PART 1/1






(SECTION I: INSTRUCTIONS TO BIDDERS)


W/ONB/NTA – 01/2020


PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION –

PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS


SECTION I: INSTRUCTION TO BIDDERS (ITB)

PART 1/2 EMPLOYER: NAMIBIA TRAINING AUTHORITY

PROCUREMENT REFERENCE

NO: W/ONB/NTA – 01/2020 PROJECT: PROJECT: UPGRADING TO OKAKARARA VOCATIONAL


PART 1: BIDDING PROCEDURES (SECTION I: INSTRUCTIONS TO BIDDERS)

SECTION I - INSTRUCTIONS TO BIDDERS

TABLE OF CLAUSES

A. GENERAL .......................................................................................... 1/4

1. Scope of Bid ...................................................................................... 1/4

2. Source of Fund .................................................................................. 1/4

3. Public Entities Related to Bidding Documents & review ..................... 1/4

4. Fraud and Corruption ....................................................................... 1/5

5. Eligible Bidders ................................................................................. 1/6

6. Qualifications of Bidders ................................................................... 1/7

B. CONTENTS OF BIDDING DOCUMENT ................................................ 1/8

7. Sections of Bidding Document ........................................................... 1/9

8. Clarification of Bidding Document ..................................................... 1/9

9. Site visit/Pre-bid meeting ................................................................ 1/10

10. Amendment of Bidding Document ................................................... 1/10

C. PREPARATION OF BIDS .................................................................. 1/11

11. Cost of Bidding ................................................................................ 1/11

12. Language of Bid ............................................................................... 1/11

13. Documents Comprising the Bid ....................................................... 1/11

14. Bid Submission Form and Schedules .............................................. 1/12

15. Alternative Proposal ......................................................................... 1/12

16. Bid Prices and Discounts ................................................................. 1/12

17. Currencies of Bid and Payment ....................................................... 1/12

18. Documents Comprising the Technical Proposal ............................... 1/13

19. Period of Validity of Bids .................................................................. 1/13

20. Bid Security/Bid Securing Declaration ............................................ 1/13

21. Format and Signing of Bid ............................................................... 1/13

D. SUBMISSION AND OPENING OF BIDS ........................................... 1/14



NO: W/ONB/NTA – 01/2020 PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING,



22. Sealing and Marking of Bids ............................................................ 1/14

23. Deadline for Submission of Bids ...................................................... 1/14

24. Late Bids ......................................................................................... 1/14

25. Withdrawal, Substitution, and Modification of Bids ......................... 1/14

26. Bid Opening .................................................................................... 1/15

E. EVALUATION AND COMPARISON OF BIDS ...................................... 1/16

27. Confidentiality ................................................................................. 1/16

28. Clarification of Bids ......................................................................... 1/16

29. Determination of Responsive-ness ................................................... 1/16

30. Nonconformit-ies, Errors, and Omissions ........................................ 1/16

31. Correction of Arithmetical Errors ..................................................... 1/17

32. Margin of Preference ........................................................................ 1/17

33. Evaluation of Bids ........................................................................... 1/17

34. Comparison of Bids ......................................................................... 1/18

35. Qualification of the Bidder ............................................................... 1/18

36. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids... 1/18

F. AWARD OF CONTRACT ................................................................... 1/19

37. Award Criteria ................................................................................. 1/19

38. Notification of Award ....................................................................... 1/19

39. Signing of Contract .......................................................................... 1/20

40. Performance Security ...................................................................... 1/20

41. Advance Payment and Security........................................................ 1/20

42. Plant and Materials on site .............................................................. 1/20

43. Debriefing ........................................................................................ 1/20






SECTION I - INSTRUCTIONS TO BIDDERS (ITB)

A. GENERAL

1. Scope of Bid 1.1 The Public Entity as defined1 in Section II “Bidding Data Sheet” (BDS) also referred to herein as Employer invites bids for the construction of Works, as described in the BDS, Appendix to Bid, and Section VII “Special

Conditions of Contract” (SCC).

The name and identification number of the Contract are provided in the BDS, Appendix to Bid and the Special

Conditions of Contract (SCC).

1.2 The successful Bidder shall be expected to complete the Works by the Intended Completion Period specified in the BDS.

1.3 Throughout these bidding documents, the terms:

i. the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax,) with proof of receipt;

ii. if the context so requires, “singular” means “plural” and vice versa;

iii. “day” means calendar day unless otherwise stated; and

2. Source of Fund

2.1 The Works shall be financed by the Public Entity’s own budgetary allocation, unless otherwise stated in the BDS.

3. Public Entities Related to Bidding Documents & review

3.1 The public entities related to these bidding documents are the Public Entity, acting as procurement entity (Purchaser), the Procurement Policy Unit, in charge of issuing standard bidding documents and responsible for any amendment these may require, the Central Procurement Board in charge of vetting Bidding document, receiving and evaluation of bids in respect of major contracts and the Review Panel, set up under the Public Procurement Act, 2015 (hereinafter referred to as the Act.).

The Chairperson Review Panel Ministry of Finance, Private Bag 13295 Windhoek, Namibia

1 See Part 3: Section I, “General Conditions of Contract,” Clause 1. Definitions.






4. Fraud and Corruption

4.1 The Government of the Republic of Namibia requires that Bidders/suppliers/contractors, participating in procurement in Namibia, observe the highest standard of ethics during the procurement process and execution of contracts.

4.2 The Employer will reject a proposal for award if it

determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question;

For the purposes of this Sub-Clause:

(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

(iii) “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

(v) “obstructive practice” is deliberately destroying,

falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation.

4.3. Bidders, suppliers and public officials shall also be aware of the provisions stated in section 67 and 68 of the Public Procurement Act, 2015 which can be






consulted on the website of the Procurement Policy Unit (PPU) : www.mof.gov.na/procurement-policy-unit

5. Eligible Bidders

5.1 A Bidder may be a natural person, private entity, or government-owned entity or any combination of them in the form of a joint venture, under an existing agreement, or with the intent to constitute a legally-enforceable joint venture. All partners shall be jointly and severally liable for

the execution of the Contract in accordance with the Contract terms.

5.2 A Bidder shall not have a conflict of interest. All Bidders

found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if:

(a) they have a controlling partner in common; or

(b) they receive or have received any direct or indirect subsidy from any of them; or

(c) they have the same legal representative for purposes of this bid; or

(d) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or

(e) a Bidder participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all

Bids in which the party is involved. However, this does not limit the inclusion of the same subcontractor in more than one bid; or

(f) a Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the contract that is the subject of the Bid; or

(g) a Bidder, or any of its affiliates has been hired (or is proposed to be hired) by the Employer as Engineer for the contract.

5.3 (a) A Bidder that is under a declaration of ineligibility

by the Government of Namibia in accordance with

http://www.mof.gov.na/procurement-policy-unit






applicable laws at the date of the deadline for bid submission and thereafter shall be disqualified

(b) Bids from contractors appearing on the ineligibility lists of African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, Inter-American Development Bank Group and World Bank Group shall be rejected.

5.4 Government-owned enterprises in the Republic of Namibia

shall be eligible only if they can establish that they are legally and financially autonomous and operate under commercial law, and that they are not a dependent agency of the Government.

6. Qualifications of Bidders

6.1 All Bidders shall provide in Part 1, Section III, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary.

6.2 Bidders shall include the information and documents listed hereunder with their bids, unless otherwise stated in the BDS. The non-submission of the documents by the Bidder within the prescribed period may lead to the rejection of its bid.

(a) copies of original documents defining the constitution or legal status, place of registration, and principal place of business of the Bidder;

(b) total monetary value of construction works performed for each of the last five years;

(c) experience in works of a similar nature and size for each of the last five years or as otherwise stated in the BDS; and clients who may be contacted for further information on those contracts;

(d) major items of construction equipment proposed to carry out the Contract;

(e) qualifications and experience of key site personnel and technical personnel proposed for the contract;

(f) report on the financial standing of the Bidder for the last three years, such as certified copies of Financial Statements/Audited Accounts as filed at the Registrar of Companies;

(g) evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources);






(h) authority to seek references from the Bidder’s bankers; and

(i) information regarding any litigation, current or during the last five years, in which the Bidder was/is involved, the parties concerned, the issues involved, the disputed amounts, and awards;

(j) proposals for subcontracting components of the Works amounting to more than 10 percent of the Contract Price.

6.3 To qualify for award of the Contract, Bidders shall meet the following minimum qualifying criteria:

(a) a minimum average annual financial amount of construction work over the period specified in the BDS.

(b) experience as prime contractor in the construction of a minimum number of works of a nature and complexity equivalent to the Works over a period as specified in the BDS (To comply with this requirement, works cited should be at least 70 percent complete);

(c) proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment listed in the BDS;

(d) a Contract Representative with five years’ experience in works of an equivalent nature and volume or as otherwise specified in the BDS; and

(e) liquid assets and/or credit facilities, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, of no less than the amount specified in the

BDS.2

A consistent history of litigation or arbitration awards against the Applicant or any partner of a Joint Venture may result in disqualification.

B. CONTENTS OF BIDDING DOCUMENT

2 Usually the equivalent of the estimated payments flow over 4-6 months at the average (straight line distribution) construction rate. The actual period of reference shall depend on the speed with which the Government shall pay the Contractor’s monthly certificates.






7. Sections of Bidding Document

7.1 The Bidding Document consists of all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 10.

Section Description Part A Document Checklist Part B Schedule of Documents

Part 1 Bidding Procedures Section I Instruction to Bidders Section II Bidding Data Sheet Section III Bidding Forms Section IV Evaluation Criteria Part 2 Employer’s Requirements Section V.1 Project Specifications Section V.2 Bill of Quantities Part 3 Conditions of Contract and Contract

Forms Section VI General Conditions of Contract Section VII Special Conditions of Contract Section VIII Contractual Forms Part 4 Book of Drawings

7.2 The Invitation for Bids issued by the Employer is not part of the Bidding Document.

8. Clarification of Bidding Document

8.1 A prospective Bidder requiring any clarification of the Bidding Document shall contact the Employer in writing at the Employer’s address indicated in the BDS.

The Employer will respond in writing to any request for clarification, provided that such request is received 14 days prior to the deadline for submission of bids.

Should the Employer deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall do so following the procedure under ITB 10.






9. Site visit/Pre-bid meeting

9.1 Bidders, at the Bidders’ own responsibility and risk, are encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing their Bids and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidders’ own expense.

9.2 The Bidder or its designated representative is invited to attend a pre-bid meeting, as provided for in the BDS.

The purpose of the pre-bid meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

Non-attendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.

10. Amendment of Bidding Document

10.1 At any time prior to the deadline for submission of bids, the Employer may amend the Bidding Document by issuing addenda and extend the deadline for submission of bids, if needed.






C. PREPARATION OF BIDS

11. Cost of Bidding 11.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employer shall in no case be responsible or liable for those costs irrespective of the outcome of the bidding process.

12. Language of Bid 12.1 The Bid, supporting documents as well as all correspondence relating to the bid exchanged by the Bidder and the Employer shall be in English Language.

13. Documents Comprising the Bid

13.1 The Bid shall comprise the following:

(a) Bid submission Form (in the format indicated in Part 1, Section III);

(b) Qualification information and documentary evidence establishing the Bidder’s qualifications to perform the contract;

(c) completed Bill of Quantities / Activity Schedule;

(d) the following documentary evidence is required

1. have a valid company Registration Certificate;

2. have an original valid good Standing Tax Certificate;

3. have an original valid good Standing Social Security Certificate;

4. have a valid certified copy of Affirmative Action Compliance Certificate, proof from Employment Equity Commissioner that Bidder is not a relevant employer, or

exemption issued in terms of Section 42 of the Affirmative Action Act, 1998;

5. have a certificate indicating SME Status (for Bids reserved for SMEs);

6. An undertaking on the part of the Bidder that the salaries and wages payable to its personnel in respect of this proposal are compliant to the relevant laws, Remuneration Order, and Award, where applicable if it is awarded the contract or part thereof.






14. Bid Submission Form and Schedules

14.1 The Bid Submission Form, Schedules, and all documents listed under ITB 13.1 shall be prepared using the relevant forms, if so provided.

15. Alternative Proposal

15.1 Alternative Technical Proposals and completion dates if allowed shall be indicated in Section V- Employer’s Requirements under Specifications. The evaluation methodologies for their consideration shall be given in Section IV.

16. Bid Prices and Discounts

16.1 The Contract shall be for the whole Works, as described in ITB Sub-Clause 1.1, based on the priced Activity Schedule/Bill of Quantities3 submitted by the Bidder.

16.2 Bidders shall fill in rates and prices for all items of the

Works described in the Bill of Quantities.4 Items for which no rate or price is entered by Bidders, shall not be paid for by the Public Entity when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. Corrections, if any, shall be made by crossing out, initialing, dating and rewriting.

16.3 All duties, taxes, and other levies payable by the

Contractor under the Contract, or for any other cause, as of the date 14 days prior to the deadline for submission of bids, shall be included in the rates, prices, and total Bid price submitted by Bidders.5

16.4 The price to be quoted in the Bid Submission Form

shall be the total price of bid after any discount offered.

The discount if any and the conditions of its application shall be indicated separately.

17. Currencies of

Bid and Payment

17.1 The bid price and rates shall be in Namibian Dollars

and fixed for the duration of the contract unless otherwise specified in the BDS.

17.2 Unless otherwise specified in BDS interim payment for Plant and Material on site is applicable as per GCC 14.5

3 In lump sum contracts, delete “priced Bill of Quantities” and replace with “priced Activity Schedule.” 4 In lump sum contracts, delete “described in the Bill of Quantities” and replace with “described in the drawings and

specifications and listed in the Activity Schedule.” 5 In lump sum contracts, delete “rates, prices, and.”






18. Documents Comprising the Technical Proposal

18.1 The Bidder shall furnish a Technical Proposal including a statement of work methods, equipment, personnel, schedule and any other information as stipulated in the Bidder Qualification Form (Part 1, Section III), in sufficient details to demonstrate the adequacy of the Bidders’ proposal to meet the work requirements and the completion time.

19. Period of

Validity of Bids

19.1 Bids shall remain valid for a period specified in the

BDS. The Bid Validity period should not exceed

19.2 In exceptional circumstances, prior to expiry of the

original bid validity period, the Employer may request that the Bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing.

20. Bid Security/Bid Securing Declaration

20.1 The Bidder shall furnish either a subscription to a Bid Securing Declaration or a Bid Security in its original form with its bid as part of its bid, if so required in the BDS.

20.2 Bid Security shall be in the form of a Bank (Demand) Guarantee from a local commercial bank as per the format contained in Part 1, Section III and shall be valid for a period of 30 days beyond the validity period of the bid or beyond any period of extension

20.3 Any bid not accompanied by an enforceable and substantially compliant Bid Security or a subscription to a Bid Securing Declaration in the Bid Submission Form, if required in accordance with ITB 20.1, shall be rejected by the Employer as non-responsive.

20.4 Bid Security shall be forfeited or the Bid Securing declaration exercised for non-compliance on the part of the Bidder for reasons mentioned in the Bid Security format contained in Part 1, Section III or the Bid Securing Declaration contained in Part 1, Section III.

21. Format and Signing of Bid

21.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB 13.1 and clearly mark it “ORIGINAL”. In addition, the Bidder shall submit the number of copies as specified in the BDS, clearly mark with the label “COPY.” In the event of any discrepancy between the original and the copies, the original shall prevail.






D. SUBMISSION AND OPENING OF BIDS

22. Sealing and Marking of Bids

22.1 Bidders may always submit their bids by mail or by hand. Procedures for submission, sealing and marking are as follows:

(a) Bidders submitting bids by mail or by hand shall enclose the original and each copy of the Bid, including alternative bids, if permitted in accordance with ITB 15, in separate sealed envelopes, duly marking the envelopes as “ORIGINAL”, “ALTERNATIVE” and “COPY.” These envelopes containing the original and the copies shall then be enclosed in one single envelope. The rest of the procedure shall be in accordance with ITB sub-Clauses 22.2.

22.2 The inner and outer envelopes shall:

(a) bear the name and address of the Bidder;

(b) be addressed to the Employer as indicated in ITB 22.1;

(c) bear the specific identification of this bidding process indicated in accordance with ITB 1.1; and

(d) bear a warning not to open before the time and date for bid opening.

23. Deadline for Submission of Bids

23.1 Bids shall be delivered to the Employer at the address and no later than the time and date specified in the BDS.

The Employer may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Document in accordance with ITB 10.

24. Late Bids 24.1 Late bids shall not be considered. They will be returned unopened

25. Withdrawal, Substitution, and Modification of Bids

25.1 No bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid submission Form or any extension thereof.






26. Bid Opening 26.1 The Employer shall open the bids at the time place and address specified in the BDS in the presence of Bidders` designated representatives who choose to attend.

26.2 The Bidders' names, the Bid Prices, the total amount of each bid, any discounts, any alternative bid, bid

modifications and withdrawals, the presence or absence of bid security, and such other details as the Employer may consider appropriate, will be announced and recorded by the Employer at the opening.






E. EVALUATION AND COMPARISON OF BIDS

27. Confidentiality 27.1 Information relating to the examination, evaluation,

comparison, and post-qualification of bids and

recommendation of contract award, shall not be

disclosed to Bidders or any other person not officially

concerned with such process.

27.2 Any attempt by a Bidder to influence the Employer

in the evaluation of the bids or Contract award

decisions may result in the rejection of its bid.

28. Clarification of

Bids

28.1 To assist in the examination, evaluation, and

comparison of the bids, and qualification of the

Bidders, the Employer may, at its discretion, ask any

Bidder for a clarification of its bid. No change in the

prices or substance of the bid shall be sought,

offered, or permitted, except to confirm the correction

of arithmetical errors discovered by the Employer in

the evaluation of the bids, in accordance with ITB 31.

29. Determination

of Responsive-

ness

29.1 The Employer’s determination of a bid’s

responsiveness is to be based on the contents of the

bid itself, as defined in ITB13.

29.2 A substantially responsive bid is one that meets the

requirements of the Bidding Document without

material deviation, reservation, or omission.

29.3 The Employer shall examine the technical aspects of

the bid submitted in accordance with ITB 18,

Technical Proposal, in particular, to confirm that all

requirements of Section V (Employer’s Requirements)

have been met without any material deviation,

reservation or omission.

29.4 If a bid is not substantially responsive to the

requirements of the Bidding Document, it shall be

rejected by the Employer and may not subsequently

be made responsive by correction of the material

deviation, reservation, or omission.

30. Nonconformit-

ies, Errors, and

Omissions

30.1 Provided that a bid is substantially responsive, the

Employer may waive any non-material non-

conformity in the bid, request that the Bidder submit

the necessary information or documentation, to






rectify nonmaterial non-conformities in the bid

related to documentation requirements but not

related to any aspect of the price of the bid; and shall

rectify quantifiable nonmaterial nonconformities

related to the Bid Price.

31. Correction of

Arithmetical

Errors

31.1 Provided that the bid is substantially responsive, the

Employer shall correct arithmetical errors on the

following basis:

(a) only for unit price contracts, if there is a

discrepancy between the unit price and the total

price that is obtained by multiplying the unit

price and quantity, the unit price shall prevail

and the total price shall be corrected, unless in

the opinion of the Employer there is an obvious

misplacement of the decimal point in the unit

price, in which case the total price as quoted

shall govern and the unit price shall be

corrected;

(b) if there is an error in a total corresponding to the

addition or subtraction of subtotals, the

subtotals shall prevail and the total shall be

corrected; and

(c) if there is a discrepancy between words and

figures, the amount in words shall prevail,

unless the amount expressed in words is related

to an arithmetic error, in which case the amount

in figures shall prevail subject to (a) and (b)

above.

32. Margin of

Preference

32.1 Unless otherwise specified in the BDS, Margin of

preference shall not apply.

33. Evaluation of

Bids

33.1 The criteria and methodology used to evaluate bids

as per Section IV - Evaluation Criteria and no other

evaluation criteria or methodologies shall be

permitted.

33.2 To evaluate a bid, the Employer shall consider the

following:

(a) the bid price, excluding Provisional Sums and

the provision, if any, for contingencies in the Bill

of Quantities for admeasurement contracts or






Schedule of Prices for lump sum contracts, but

including Daywork items, where priced

competitively; and

(b) price adjustment for correction of arithmetic

errors, discounts, non-conformities, due to the

supplementary criteria as defined in Part 1,

Section III, and Margin of Preference, if

applicable.

33.3 If this Bidding Document allows Bidders to quote

separate prices for different contracts, and to award

multiple contracts to a single Bidder, the

methodology to determine the lowest evaluated price

of the contract combinations, including any discount

offered in the Bid Submission Form, is specified in

Section III (Evaluation and Qualification Criteria).

33.4 If the bid for an admeasurement contract, which

results in the lowest Evaluated Bid Price, is seriously

unbalanced, front loaded or substantially below

updated estimates or if any item in the Priced Activity

Schedule is front loaded or contains an erroneous

amount in the opinion of the Employer, the Employer

may after clarification require the Bidder to produce

detailed price analysis for any or all items that the

amount of the performance security be increased at

the expense of the Bidder.

34. Comparison of

Bids

34.1 The Employer shall compare all substantially

responsive bids in accordance with ITB 33 to

determine the lowest evaluated bid.

35. Qualification of

the Bidder

35.1 The Employer shall determine to its satisfaction

whether the Bidder that is selected as having

submitted the lowest evaluated substantially

responsive bid meets the qualifying criteria.

36. Employer’s

Right to Accept

Any Bid, and to

Reject Any or

All Bids

36.1 The Employer reserves the right to accept or reject

any bid, and to annul the bidding process and reject

all bids at any time prior to contract award, without

thereby incurring any liability to Bidders.






F. AWARD OF CONTRACT

37. Award Criteria 37.1 Subject to ITB 36.1, the Employer shall award the

Contract to the Bidder whose offer has been

determined to be the lowest evaluated bid and is

substantially responsive to the Bidding Document,

provided further that the Bidder is determined to be

qualified to perform the Contract satisfactorily.

38. Notification of

Award

38.1 Prior to the expiration of the period of bid validity, the

Employer shall, for contract amount above the

prescribed threshold of N$ 2 M, notify the selected

Bidder of the proposed award and accordingly notify

unsuccessful Bidders. Subject to Challenge, the

Employer shall notify the selected Bidder, in writing,

by a Notification of award for award of contract. The

Notification of award shall specify the sum that the

Employer will pay the Contractor in consideration of

the execution and completion of the Works

(hereinafter and in the Conditions of Contract and

Contract Forms called “the Contract Price”) and the

requirement for the Contractor to remedy any defects

therein as prescribed by the Contract. Within seven

days from the issue of notification of award, the

Purchaser shall publish on the Public Procurement

Portal (www.mof.gov.na/ procurement-policy-unit)

and the Purchaser’s website, the results of the Bidding

Process identifying the bid and lot numbers and the

following information:

(i) name of the successful Bidder, and the Price it

offered, as well as the duration and summary scope

of the contract awarded; and

(ii) an executive summary of the Bid Evaluation

Report.

38.2 Until a formal contract is prepared and executed, the

notification of award shall constitute a binding

Contract.

http://www.mof.gov.na/%20procurement-policy-unit






39. Signing of

Contract

39.1 Promptly upon issue of notification of award, the

Employer shall send to the successful Bidder the

Contract Agreement.

39.2 Within thirty (30) days of receipt of the Contract

Agreement, the successful Bidder shall sign, date, and

return it to the Employer.

40. Performance

Security

40.1 Within thirty (30) days of the receipt of the notification

of award from the Employer, the successful Bidder

shall furnish the Performance Security in accordance

with the conditions of contract, using for that purpose

the Performance Security Form included in Part 3:

Section III (Contract Forms).

40.2 Failure of the successful Bidder to submit the above-

mentioned Performance Security or to sign the

Contract Agreement within the prescribed delay shall

constitute sufficient grounds for the annulment of the

award and forfeiture of the bid security.

41. Advance

Payment and

Security

41.1 The Public Entity shall provide an Advance Payment

(if applicable) on the Contract Price as stipulated in

the GCC, subject to a maximum amount, as stated in

the BDS. The Advance Payment shall be guaranteed

by a security as per the format contained in Part 3

Section III (Contract Forms).

42. Plant and

Materials on

site

42.1 Unless otherwise specified in BDS interim payment

for Plant and Material on site is applicable as per GCC

14.5

43. Debriefing 43.1 The Purchaser shall promptly attend to all debriefing

for the contract made in writing and within 30 days

from the date of the publication of the award or date

the unsuccessful Bidders are informed about the

award.



NO: W/ONB/NTA – 01/2020 PROJECT: PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1:

HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS

PART 1: BIDDING PROCEDURES (SECTION II: BIDDING DATA SHEETS)



PROJECT: UPGRADING TO OKAKARARA

VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING,



SECTION II: BIDDING DATA SHEET

PART 1/22



NO: W/ONB/NTA – 01/2020 UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN

OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS


(SECTION II: BIDDING DATA SHEETS)

SECTION II. BIDDING DATA SHEET (BDS) The following specific data for the works to be procured shall complement,

supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever

there is a conflict, the provisions herein shall prevail over those in ITB.

A. GENERAL

ITB 1.1

The Public Entity is: Namibia Training Authority

The Works are: Upgrading To Okakarara Vocational Training Centre

(VTC) In Otjozondjupa Region – Phase 1

The Contract identification number is W/ONB/NTA – 01/2020

The Project is : upgrading to okakarara vocational training centre

(vtc) in otjozondjupa region – phase 1: heating, ventilation, air

conditioning and refrigeration (hvac-r) installation works

The scope of works required may be summarised as follows:

(a) General Works

The Contractor shall be responsible for the supply,

delivery to site, installation, testing, commissioning

and maintenance during the guarantee period [Twelve

(12) calendar months] and handing over in good

working order of a Heating, Ventilation,Air

Conditioning & Regiriation (HAVC&R) plant the entire

works.

The Contractor shall provide all materials, equipment,

labour and services necessary for the complete, safe

and efficient operation of the diesel driven standby

power generation plant installation in accordance with

the intention of this specification and drawings.

Bidders for the works are invited by the Employer and

the successful Bidder shall become a “other”

Contractor to the Contractor.

The specification and drawings form part of and shall

be read in conjunction with all contract documents and

drawings, bills of quantities and the standard

specifications. The project will be executed over an

estimated period as suggested by the Contractor but

shall not exceed the approved completion date of the

Principal Contract at the Time of Bid. All work specified

PART 1/23







The Works Comprise of the following:

Setting out the works.

Locate and record existing services.

Installation/construction of HVAC&R Plant

Infrastructure in accordance with specifications and

drawings.

Testing, commissioning in accordance to relevant SANS

Specifications

Tie-in and hand-over of the completed installation,

including provision of as-built drawings and spanning

sheets.

Removal of camp establishment, and trim and finish-

off site.

The maintenance of the works and compliance with all other requirements of the Contractor’s defects liability.

ITB 1.2 The Intended Completion period is: The intended completion date for the project is 24 April 2021

after possession of site, excluding the annual builder’s holidays

during December and January, but including all other statutory

holidays.

ITB 2.1 The Funding Agency is: Namibia Training Authority.

ITB 5.3 A list of firms debarred from participating in Public Procurement in

Namibia is available at http://www.mof.gov.na/procurment-policy-

unit

A list of firms debarred by World Bank is available at

http://www.worldbank.org/debarr

ITB 5.5 Should this contract be procured through the “Open National

Bidding-ONB” procedure the bid shall be limited to:

(a) Namibian citizens

ITB 6.1 All Bidders shall provide in Part 1, Section III, a preliminary description

of the proposed work method and schedule as necessary.

http://www.mof.gov.na/procurment-policy-unit

http://www.mof.gov.na/procurment-policy-unit

http://www.worldbank.org/debarr

PART 1/24







ITB 6.2 Add the following additional documents:

Performance Guarantee:

(k) Letter of Intent for provision of guarantee from a recognized

commercial bank, insurance company or other acceptable

financial institution as guarantors for 10% of the contract value.

ITB 6.3 In order for Bidder to be considered for award of the Contract,

Bidders shall meet the following minimum performance

requirements:

ITB 6.3 (a) The contractor must have a minimum average annual financial

amount of Air conditioning and Refrigeration work of

N$1,200,000.00 over the last 5 years

ITB 6.3 (b) The number of works is: Two (2).

The period is: five (5) years

ITB 6.3 (c) The Bidders shall appropriately fill in, the personal particulars and

details of experience of the Key Personnel offered in Data Form 5

The Contractor’s Manager/Representative shall be fluent in English

with respect to both speaking and writing.

Bidders shall provide detailed CVs and certified copy of proposed

personnel for this project::

Site Foreman with Trade Diploma in Air-Conditioning and

Refrigeration and no less than three (3) years’ experience; or

proven experience as a site supervisor with no less then (5)

years of experience in Building HVAC Installation works.

ITB 6.3 (d) The minimum amount of liquid assets and/or credit facilities net of

other contractual commitments of the successful Bidder shall be N$

N$248,141.25 (Two hundrend and forty-eight thousand, one

hundrend and forty-one and twenty-five Cents).

ITB 6.3 (e) Products compliance to specifications. (Section V.1: Project

Specifications)

ITB 8.1 The Public Entity’s address for clarification is:

Namibia Training Authority

NTA Village, 10 Rand Street, Khomasdal

P.O Box 20919

Khomasdal

Windhoek

Tel: +264- 61-207 8550

Fax: +264- 61-221 158

PART 1/25







ITB 9.2 A non-compulsary pre-bid meeting is scheduled for: There will be

NO pre-bid meeting held.

C. PREPARATION OF BIDS

ITB 15.1 Alternative Technical Proposals and Completion Dates shall not be

allowed.

ITB 16.4 All rates and amounts submitted by the Contractor in his priced Bill of

Quantities must be net and exclusive of Value Added Tax (VAT). Import

Duty and all other relevant duties and taxes, where applicable, should

be included.

Provision is made in the Summary of the Bills of Quantities for

the inclusion of Value Added Tax (VAT).

ITB 17.1 The Contract “is not” subject to price adjustment.

ITB 17.2 Interim Payment for Plant and Material on site “is” applicable. The

applicable payment shall be limited to 80% of supplier’s cost.

ITB 19.1 The Bid shall be valid for 120 days after the deadline set for the

submission of bid, the deadline being counted as day one of the

validity period.

ITB 20.1 Bid Security is not required for this Bid however, the Bidder

shall fill in the Bid Securing Declaration Form included in the

bid as Data Form 2.

D. SUBMISSION AND OPENING OF BIDS

ITB 21.1 In addition to the original of the bid, the number of copies is: 1

ITB 23.1 The deadline for submission of bids shall be 28 October 2020 at

11H00.

ITB 23.1 The Employer’s address for the purpose of Bid submission is:


NTA Village, 10 Rand Street, Khomas

P.O Box 20919

Khomasdal

Windhoek

ITB 23.2 In the case of submission of bids by postal mail the bidder take

responsibility for timely delivery of the bid. The public entity will

not be held liable for the late delivery of the bid.

PART 1/26







ITB 26.1

The bid opening shall take place at:


NTA Village, 10 Rand Street, Khomas

P.O Box 20919

Khomasdal

Windhoek

Date: 28 October 2020 at 11H15.

E. EVALUATION AND COMPARISON OF BIDS

ITB 32.1 A margin of preference shall not apply.

ITB 38.2 Until a formal contract is prepared and executed, the notification of

award shall not constitute a binding Contract.

F. AWARD OF CONTRACT

ITB 40.1 The Standard Form of Performance Security acceptable to the Public

Entity shall be “a Bank Guarantee”. The Bank (Demand) Guarantee

shall be 10% (ten percent) of the contract price inclusive of

provisional and contingencies sum and VAT.

ITB 41.1 Advance payment may be applicable to this bid.

ITB 42.1 Interim Payment for Plant and Material on site “is” applicable.

PART 1/27









PROJECT: UPGRADING TO OKAKARARA

VOCATIONAL TRAINING CENTRE (VTC) IN

OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND

REFRIGERATION (HVAC-R) INSTALLATION WORKS


SECTION III: BIDDING FORMS



NO: W/ONB/NTA – 01/2020 PROJECT: PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1:

HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS


SECTION III - BIDDING FORMS

TABLE OF FORMS

Form 1: Bid Submission Form ..................................................................... PART 1/29

Form 2: Bid Securing Declaration ................................................................ PART 1/31

Form 3: Bid Security (Bid Bond) .................................................................. PART 1/33

Form 4: Written Undertaking In Terms Of The Labour ................................. PART 1/34

Form 5: Acknowledgment Of Familiarisation (Site Conditions)PART 1/Error! Bookmark not defined.

Form 6: Schedule Of Contractor’s Equipment OfferedPART 1/Error! Bookmark not defined.

Form 7: Schedule Of Personnel Offered ........................................................ PART 1/36

Form 8: Curriculum Vitae: Contractor’s RepresentativePART 1/Error! Bookmark not defined.

Form 9: Curriculum Vitae: Contractor’s SuperintendentPART 1/Error! Bookmark not defined.

Form 10: Curriculum Vitae: Contractor’s ForemanPART 1/Error! Bookmark not defined.

Form 11: Curriculum Vitae: Electrician .......... PART 1/Error! Bookmark not defined.

Form 12: Schedule Of Work Satisfactorily Completed By BidderPART 1/Error! Bookmark not defined.

Form 13: Small And Medium Entrepreneurs (Sme)PART 1/Error! Bookmark not defined.

Form 14: Conventional Sub-Contractors ......... PART 1/Error! Bookmark not defined.

Form 15: Preliminary Programme ................... PART 1/Error! Bookmark not defined.

Form 16: Estimated Monthly Expenditure ...... PART 1/Error! Bookmark not defined.

Form 17: Signing Authority ............................................................................ PART 1/0

Form 18: Letter Of Intent (Commercial Bank) Performance Gaurantee ........... PART 1/1

Form 19: Authorisation To Provide Bank Details & Reference ........................ PART 1/2

Form 20: Letter From Commercial Bank (Avail Credit Facility) ....................... PART 1/3

Form 21: Letter From Material Supplier (Avail Credit Facility) ........................ PART 1/4






Form 22: Qualification Information ................. PART 1/Error! Bookmark not defined.

Form 23: Particulars Of Bidder ....................... PART 1/Error! Bookmark not defined.

DATA FORM 1

BID SUBMISSION FORM

Date: _______________

Procurement Reference No:………………

To: Head of Procurement Management Unit


Private Bag 13186

Windhoek

Tel: +264 - 61-207 8520/8550

Fax: +264 - 61-207 8551

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including

Addenda issued in accordance with Instructions to Bidders (ITB) Clause 10;

(b) We offer to execute in conformity with the Bidding Documents the following Works:

______________________________________________________________________;

(c) The total price of our Bid after discounts, if any, offered in item (d) below is:

______________________________________________________________________________

_____________________________________________________________________________;

(d) The discounts offered and the methodology for their application are:

______________________________________________________________________________

____________________________________________________________________________ ;

(e) Our bid shall be valid for a period of 120 days from the date fixed for the bid

submission deadline in accordance with the Bidding Documents, and it shall

remain binding upon us and may be accepted at any time before the expiration of

that period;

(f) We hereby confirm that we have read and understood the content of the Bid

Securing Declaration attached hereto and subscribe fully to the terms and






conditions contained therein, if required. We understand that non-compliance to

the conditions mentioned may lead to disqualification.

(g) If our bid is accepted, we commit to obtain a Performance Security and a Preference

Security (if applicable) in accordance with the Bidding Document;

(h) We, including any subcontractors or suppliers for any part of the contract, do not

have any conflict of interest in accordance with ITB 5.2;

(i) We are not participating, as a Bidder in more than one bid in this bidding process

other than alternative offers submitted in accordance with ITB 15;

(j) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers

for any part of the contract, has not been declared ineligible under the laws of

Namibia;

(k) We are not a government owned entity / We are a government owned entity but

meet the requirements of ITB 5.4;6

(l) We understand that this bid, together with your written acceptance thereof included

in your notification of award, shall constitute a binding contract between us, until

a formal contract is prepared and executed;

(m) We understand that you are not bound to accept the lowest evaluated bid or any

other bid that you may receive; and

(n) If awarded the contract, the person named below shall act as Contractor’s

Representative: ________________________________________________________

Name: ......................................................................................................................

In the capacity of: .....................................................................................................

Signed : ...................................................................................................................

Duly authorized to sign the Bid for and on behalf of: ................................................

Date : ......................................................................................................................

Seal of Company:

6 Use one of the two options as appropriate.






____________________________

SIGNATURE OF BIDDER






DATA FORM 2

BID SECURING DECLARATION

(Section 45 of Act)

(Regulation 37(1)(b) an 37(5))

Date: .......................................... [Day|month|year]

Procurement Ref No.: W/ONB/01/2020

To: Head of Procurement Management Unit


Private Bag 13186

Windhoek

Tel: +264- 61-207 8520/550

Fax: +264- 61-207 8551

I/We* understand that in terms of section 45 of the Act a public entity must include in

the bidding document the requirement for a declaration as an alternative form of bid

security.

I/We* accept that under section 45 of the Act, I/we* may be suspended or disqualified

in the event of

(a) a modification or withdrawal of a bid after the deadline for submission of bids during

the period of validity;

(b) refusal by a Bidder to accept a correction of an error appearing on the face of a bid;

(c) failure to sign a procurement contract in accordance with the terms and conditions

set forth in the bidding document, should I/We* be successful Bidder; or

(d) failure to provide security for the performance of the procurement contract if

required to do so by the bidding document.

I/We* understand this bid securing declaration ceases to be valid if I am/We are* not

the successful Bidder

Signed:

....................................................................... [insert signature of person whose name and capacity are shown]






Capacity of:

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

[indicate legal capacity of person(s) signing the Bid Securing Declaration]

Name: .....................................................................................................................

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

[complete full names of the of person(s) signing the Bid Securing Declaration]

Duly authorized to sign the bid for and on behalf of:

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

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

[insert complete name of the Bidder]

Dated on ____________ day of __________________, 20_______ [insert date of signing]

Corporate Seal (where appropriate)

[Note*: In case of a joint venture, the bid securing declaration must be in the name of all partners to the joint venture

that submits the bid.]

____________________________

SIGNATURE OF BIDDER






DATA FORM 3

BID SECURITY (BID BOND)

........................................... [Bank’s Name and Address of issuing Branch or Office]

Date: ..........................[Day|month|year]

To: ..........……….... [Name and Address of Public Entity]

BID GUARANTEE No.: .....................................................

We have been informed that ......................[name of the Bidder] ……...... (hereinafter

called "the Bidder") has submitted to you its bid dated ....................(hereinafter called

"the Bid") for the execution of .............................[name of contract] .........................

under Invitation for Bids No..........................[IFB number] ….................. (“the IFB”).

Furthermore, we understand that, according to your conditions, bids must be

supported by a Bid Security.

At the request of the Bidder, we ..................................[name of Bank] ......................

hereby irrevocably undertake to pay you any sum or sums not exceeding in total an

amount of ............................[amount in figures] …........................[.............amount in

words..................] upon receipt by us of your first demand in writing accompanied by a

written statement stating that the Bidder is in breach of its obligation(s) under the bid

conditions, because the Bidder:

1. a modification or withdrawal of a bid after the deadline for submission of bids during

the period of validity;

2. refusal by a Bidder to accept a correction of an error appearing on the face of a bid;

3. failure to sign a procurement contract in accordance with the terms and conditions

set forth in the bidding document, should the Bidder be the successful Bidder; or

4. failure to provide security for the performance of the procurement contract if required

to do so by the bidding document.

This guarantee shall expire: (a) if the Bidder is the successful Bidder, upon our receipt

of copies of the contract signed by the Bidder and the Performance Security issued to

you upon the instruction of the Bidder; or (b) if the Bidder is not the successful Bidder,

upon the earlier of (i) our receipt of a copy of your notification to the Bidder of the name

of the successful Bidder; or (ii) thirty days after the expiration of the Bid Validity.

Consequently, any demand for payment under this guarantee must be received by us

at the office on or before ........................................[Public Entity to insert date]

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

[Bank’s seal and authorized signature(s)]






DATA FORM 4

WRITTEN UNDERTAKING IN TERMS OF SECTION 138 OF THE LABOUR

ACT, 2015 AND SECTION 50(2)(D) OF THE PUBLIC PROCUREMENT ACT,

2015

Republic of Namibia

Ministry of Labour, Industrial Relations and Employment Creation

Written undertaking in terms of section 138 of the Labour Act, 2015 and section

50(2)(D) of the Public Procurement Act, 2015

1. EMPLOYERS DETAILS

Company Trade Name:……………………………………………………….………………………

Registration Number :...………………………………………………….………………….……...

Vat Number: ……………………………………………………………………………………..……

Industry/Sector: ……………………………………………………………………………..………

Place of Business:…………………………………………………………………………..………..

Physical Address:……………………………………………………………………………………..

Tel No.:………………………………………………………………………………….………………

Fax No.:………………………………………………………………………………………………….

Email Address:………………………………………………………………….……………………..

Postal Address:………………………………………………………………….……………………..

Full name of Owner/Accounting Officer:……………..………………………………………...

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

Email Address:………………………………………………………………………….……………..






2. PROCUREMENT DETAILS

Procurement Reference No.:………………………………………………………………………..

Procurement Description: ………………………………………………………..………………..

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

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

Anticipated Contract Duration:

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

Location where work will be done, good/services will be delivered:

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

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

3. UNDERTAKING

I ……………………………………………………………[insert full name], owner/representative

of …………………………………………………………..………………..[insert full name of company]

hereby undertake in writing that my company will at all relevant times comply

fully with the relevant provisions of the Labour Act and the Terms and Conditions

of Collective Agreements as applicable.

I am fully aware that failure to abide to such shall lead to the action as stipulated

in section 138 of the labour Act, 2007, which include but not limited to the

cancellation of the contract/licence/grant/permit or concession.

Signature: …………………………………………..

Date: ……………………………………..…………..

Seal:………………………………………..………….

Please take note:

1. A labour inspector may conduct unannounced inspections to assess the level of compliance

2. This undertaking must be displayed at the workplace where it will be readily accessible and visible by the employees rendering service(s) in relations to the goods and services being procured under this contract.






DATA FORM 5

SCHEDULE OF PERSONNEL OFFERED

The Bidder is to state below (in accordance with ITB 6.3 (c)) the number of each category of personnel who he

intends to provide on Site for the execution of the Works and in the case of professional and technical staff the

number of years of appropriate experience after qualification (proof required). Such staff shall be named and

guaranteed.

i. Completed Projects of a Similar Nature:

Project Name

Contract

Amount

Contract

Period

(months)

Start

Date

Completion

date

Reference

(client/Principle

agent)

Contact

Cell

Number

ii. On-going Projects of a Similar Nature:

Project Name

Contract

Amount

Contract

Period

(months) Start Date

Completion

date

Reference

(client/Princi

ple agent)

Contact

Cell

Number






A. SUPERVISOR/TECHNICIAN

Experience, key personnel with CVs & qualifications, reference letters etc

TECHNICIAN: NAME: ……………………………………………………………………………………………………………

Qualification: …………………………………………………………………………………………………………

Experience with systems of similar nature

Project Client

DATE

Project Value

N$

____________________________

SIGNATURE OF BIDDER

PART 2/0

EMPLOYER: NAMIBIA TRAINING AUTHORITY PROCUREMENT REFERENCE NO: W/ONB/NTA – 01/2020



PART 2: EMPLOYER REQUIREMENTS

(SECTION V-1: PROJECT SPECIFICATIONS)

DATA FORM 6

SIGNING AUTHORITY

In the cases where the Bidder is a Company, Corporation or Firm, the person whose

signature appears below must be duly authorised to do so, whether by Articles of

Association, Resolution, Power of Attorney or otherwise.

I/We, the undersigned am/are authorized to enter into the Contract on behalf of:

by virtue of ____________________________________

dated _____________________________ a certified copy of which is attached to the Bid

Document.

_____________________________________

SIGNATURE OF BIDDER

_____________________________________

DATE

Note: Signature to correspond with that on Bidding Form

PART 2/1






DATA FORM 7

LETTER OF INTENT (FINANCIAL INSTITUTION) PERFORMANCE

GAURANTEE

Date: ..................................

LETTER OF INTENT

This Serves to inform the Namibia Training Authority that the Financial Institution

(Commercial Bank), herein represented by .................................................

........................... (the undersigned) in his/her capacity as .........................................,

is willing to issue a Demand Guarantee to the value of ten percent (10%) of the

submitted bid sum in favour of the Namibia Training Authority in the event that Bid

No.: W/ONB/01/2020 be awarded to ....................................

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

The Demand Guarantee will be in the same wording and format as the one included in

the Bid Dossier.

Yours Faithfully,

Full name…………………………………………………

Signed……………………………………………………

In capacity as:…………………………………….……

Seal/Stamp of the firm/company:

____________________________

SIGNATURE OF BIDDER

PART 2/2






DATA FORM 8

AUTHORISATION TO PROVIDE BANK DETAILS & REFERENCE

Date: …...............................

To:…………………………………………………………………..

……………………………………………………………………

……………………………………………………………………

(Banker’s Name & address)

AUTHORISATION TO PROVIDE BANK DETAILS & REFERENCE

Dear Sir or Madam,

We are applying for a bid proposal with Namibia Training Authority and one of their

conditions is an authorisation to contact our bankers. We hereby authorise you to

provide Namibia Training Authority information about our account(s) with you in

regard to this Bid No. W/ONB/01/2020 on their request.

Yours Faithfully,

Full name…………………………………………………

Signed……………………………………………………

In capacity as:…………………………………….……


____________________________

SIGNATURE OF BIDDER

PART 2/3






DATA FORM 9

LETTER FROM COMMERCIAL BANK (AVAIL CREDIT FACILITY)

Date: ..................................

CREDIT FACILITY

This Serves to inform the Namibia Training Authority that the Financial Institution

(Commercial Bank), herein represented by ...............................................................

(the undersigned) in his/her capacity as ........................................., hereby confirms

that ……………………………………………………………………………………………………...

(the full name of the Bidder) is a client of ………………………………………………………..

………………………………………………………………………………….(Name of the Bank).

The Bank hereby confirms that the total Credit Facility amounting to the value of N$

....................................................... maybe provided as working capital for this

contract, in the event that Bid No.: W/ONB/01/2020 is awarded to

....................................................................................................................................(

Full name of the Bidder).

Yours Faithfully,

Full name…………………………………………………

Signed……………………………………………………

In capacity as:…………………………………….……


____________________________

SIGNATURE OF BIDDER

PART 2/4






DATA FORM 10

LETTER FROM MATERIAL SUPPLIER (AVAIL CREDIT FACILITY)

Date: ..................................

CREDIT FACILITY

This Serves to inform the Namibia Training Authority that the Supplier, herein

represented by ............................................................... (the undersigned) in his/her

capacity as ........................................., hereby confirms that

……………………………………………………………………………………………………... (the

full name of the Bidder) holds a credit facility of N$...................................................

with...………………………………………………………………………………… (Name of the

Supplier). The Supplier undertakes to supply the following materials……………………….

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

……………………….to the current credit limit of N$................................in the event

that Bid No.: W/ONB/01/2020 is awarded to………………………………………

....................................................................................................................................(

Full name of the Bidder).

Yours Faithfully,

Full name…………………………………………………

Signed……………………………………………………

In capacity as:……………………………….……


_______________________

SIGNATURE OF BIDDER

PART 2/5






DATA FORM 11

PARTICULARS OF BIDDER

1. Full names and postal and physical address of Bidder:

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

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

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

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

2. Origin/registration/trade licence number: ..................................................……

(a) Namibian company/contractor/supplier/trader:

Registration number and date: .......................................................................

Trade licence or certificate number and date, and name and address of person who

issued the licence or certificate:

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

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

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

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

Financial interests held by a foreigner/foreign company (Furnish details):

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

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

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

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

(b) Foreign company/contractor/supplier/trader:

Country of registration ...............................................................................…

Registration number and date: ......................................................................

Financial interests held by a Namibian/Namibia company (furnish details):

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

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

PART 2/6






3. Capital structure:

Total equity capital ...........…... N$ _____________________________________________

(Amount in words): _____________________________________________

_____________________________________________

which total equity is made up as follows:

Amount Percentage of

N$ total capital

(a) Capital owned by

Namibians/Namibian companies ......................... ............................

(b) Capital owned by

foreigners/foreign companies ......................... ............................

4. Particulars or business:

(a) Nature of activities:

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

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

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

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

(b) Is the business, according to the Ministry of Trade and Industry, a small-scale

industry? ............................... (Yes/No)

If yes, give details and furnish documentary proof:

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

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

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

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

(c) Is the Bidder located in communal areas/underdeveloped areas notified by the

Ministry of Trade and Industry? ......................... (Yes/No)

PART 2/7






If yes, give details and furnish documentary proof: ........................................

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

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

(d) Particulars of structured training programmes/apprenticeship courses of

approved standards for labour/technical staff and managerial cadre/specialised

training of women and handicapped persons/other programmes or activities

benefiting disadvantaged Namibian citizens, assistance, sponsorship, bursaries,

etc., provided to vocational training centres. Attach documentary proof.

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

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

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

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

(e) Particulars of affirmative action programmes/activities undertaken - such as

promoting advancement of disadvantaged Namibian citizens; emerging Namibian

entrepreneurship, women and handicapped persons; achieving a balanced

structure of managerial cadre, etc. Attach documentary proof.

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

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

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

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

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

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

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

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

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

PART 2/8






5. Organisational structure:

Employees:

Category Total Number of Number of Number of

Number Namibians formerly disadvantaged- foreigners

Namibians

(a) Managing

Director/

Directors

(b) Managers

(c) Office

personnel/

staff

(d) Skilled

labour

(e) Unskilled

labour

(f) Contract

staff/labour

Total

No. of women

Included in above

No. of handicapped persons

included in above

6. Buildings and erven:

PART 2/9






Area used (Total area (in square metres)

Area of erf ....................................................

Area of buildings on erf ....................................................

Area of buildings used for

Manufacturing/assembling ....................................................

Area of buildings used as office space ....................................................

Area of buildings used for storage ....................................................

7. Is a subcontractor/sub vendor/sub supplier involved in the performance of the

agreement? ..................................... (Yes/No)

If "yes", state in an annexure the percentage of the total bid amount being performed

by means of subcontracting, etc., and furnish in that annexure full particulars of the

subcontractor/sub vendor/sub supplier concerned, including physical address or

addresses.

____________________________

SIGNATURE OF BIDDER

PART 2/10






Bill of Quantities

Objectives

The objectives of the Bill of Quantities are:

(a) to provide sufficient information on the quantities of Works to be performed to enable bids to be prepared efficiently and accurately; and

(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use in the periodic valuation of Works executed.

In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to distinguish between the different classes of Works, or between Works of the same nature carried out in different locations or in other circumstances which may give rise to different considerations of cost. Consistent with these requirements, the layout and contents of the Bill of Quantities should be as simple and brief as possible.

Dayworks Schedule

A Dayworks Schedule should be included only if the probability of unforeseen work, outside the items included in the Bill of Quantities, is high. To facilitate checking by the Public Entity of the realism of rates quoted by the bidders, the Day works Schedule should normally comprise the following:

(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work rates or prices are to be inserted by the Bidder, together with a statement of the conditions under which the Contractor shall be paid for work executed on a day work basis.

(b) Nominal quantities for each item of day work, to be priced by each Bidder at day work rates as Bid. The rate to be entered by the Bidder against each basic day work item should include the Contractor’s profit, overheads, supervision, and other charges.

PART 2/11






Provisional Sums

A general provision for physical contingencies (quantity overruns) may be made by including a provisional sum in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be provided as a provisional sum in the Summary priced Bill of Quantities. The inclusion of such provisional sums often facilitates budgetary approval by avoiding the need to request periodic supplementary approvals as the future need arises. Where such provisional sums or contingency allowances are used, the Special Conditions of Contract should state the manner in which they shall be used, and under whose authority (usually the Employer’s Representative).

The estimated cost of specialized work to be carried out, or of special goods to be supplied, by other contractors (refer to GCC Clause 8) should be indicated in the relevant part of the Bill of Quantities as a particular provisional sum with an appropriate brief description. A separate procurement procedure is normally carried out by the Public Entity to select such specialized contractors. To provide an element of competition among the bidders in respect of any facilities, amenities, attendance, etc., to be provided by the successful Bidder as prime Contractor for the use and convenience of the specialist contractors, each related provisional sum should be followed by an item in the Bill of Quantities inviting the Bidder to quote a sum for such amenities, facilities, attendance, etc.

These Notes for Preparing a Bill of Quantities are intended only as information for the Public Entity or the person drafting the Bidding Documents. They should not be included in the final Documents.

PART 2/12







W/ONB/NTA – 01/2020





SECTION IV: EVALUATION CRITERIA

PART 2/13






SECTION IV - EVALUATION CRITERIA

This section contains supplementary methodology and criteria that the Employer shall

use to evaluate bids.

The Employer reserves the right to check the information provided by the Bidders.

In event that the Bidder supply wrong information, the Employer reserves the

right to reject the bid.

1. EVALUATION

In addition to criteria listed, in ITB 6,13,18 and 33 (or as amended in the Bidding

Data Sheets), the following criteria shall apply:

(a) Open National Bidding

This Bid in terms of Section 29 of the Public Procurement Act, 2015 (Act No.15

of 2015) is limited to the following entities:

1. Namibian Citizen

(b) Range of Bids

None

(c) Margin of Preference

No Margin of Preference shall apply.

(d) Number of Contracts awarded

No bidder shall be awarded more than two contracts by the Client under the

Namibia Training Authority funded projects.

PART 2/14







W/ONB/NTA – 01/2020


UPGRADING TO OKAKARARA VOCATIONAL TRAINING

CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND



SECTION V-1: PROJECT SPECIFICATIONS

PART 2/15






SECTION VI: 1. PROJECT SPECIFICATIONS

SECTION VI: STATEMENT OF REQUIREMENTS

B. SCOPE OF WORKS, SPECIFICATIONS AND PERFORMANCE REQUIREMENTS

1. CODES OF PRACTICE FOR INSTALLATION

The installation of material will be carried out in accordance with the following Codes of Practice:

1. SANS 0142: Code of Practice for the Wiring of Premises. 2. OSHACT: Occupational Health and Safety Act. 3. Labour Act: 1992 Regulation relating to the Health and Safety of

Employees at Work. 4. NRS 019: Small Power Distribution Units (Ready Boards).

5. The "Electricity Supply By-Laws and Regulations" of the Supply Authority

6. SANS 400 National Building Regulations

7. SANS 1125 Room Air Conditioners 8. SANS 0140 Identification colour marking

9. SANS 0147 Refrigeration systems including plants associated with air conditioning systems

10. SANS 0173 The installation, testing and balancing of air

conditioning ductwork 11. SANS 1424 Filters for air conditioning and general ventilation

All material and equipment supplied and/or installed under this

contract shall be new and shall also comply with the requirements laid down in the latest editions of the relevant NRS, SANS, OSHACT or IEC and their amendments (if any).

The material specified is the preferred material. If alternative materials

are offered, they shall be separately specified for approval of the engineer. Rates entered in the schedule of quantities shall be for the specified materials. In the event of items bearing the SABS mark being

available in respect of the materials and equipment required, only items bearing this mark will be acceptable.

PART 2/16






C. 1.1 Equivalency of Standards and Codes

Wherever reference is made in the Contract to specific standards and codes to be met by the goods and materials to be furnished,

and work performed or tested, the provisions of the latest current edition or revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the Contract.

2. PARTICULAR PROJECT SPECIFICATIONS

2.1 GENERAL DESCRIPTION OF THE WORKS

The Contractor shall be responsible for the supply, delivery to site, installation, testing, commissioning and maintenance during the guarantee period [Twelve (12) calendar months] and

handing over in good working order of a Heating, Ventilation,Air Conditioning & Regiriation (HAVC&R) plant the

entire works.

The Contractor shall provide all materials, equipment, labour

and services necessary for the complete, safe and efficient operation of the diesel driven standby power generation plant installation in accordance with the intention of this

specification and drawings.

Bidders for the works are invited by the Employer and the successful Bidder shall become a “other” Contractor to the Contractor.

The specification and drawings form part of and shall be read in conjunction with all contract documents and drawings, bills

of quantities and the standard specifications. The project will be executed over an estimated period as suggested by the

Contractor but shall not exceed the approved completion date of the Principal Contract at the Time of Bid. All work specified in this document form part of this contract unless specifically

excluded.

PART 2/17






The Works Comprise of the following:

1. Setting out the works.

2. Locate and record existing services. 3. Installation/construction of HVAC&R Plant Infrastructure in

accordance with specifications and drawings. 4. Testing, commissioning in accordance to relevant SANS

Specifications

5. Tie-in and hand-over of the completed installation, including provision of as-built drawings and spanning sheets.

6. Removal of camp establishment, and trim and finish-off site.

7. The maintenance of the works and compliance with all other requirements of the Contractor’s defects liability.

2.2 DESCRIPTION OF SITE AND ACCESS

The site where the works will be executed is situated in Okakarara in the Otjozondjupa region, Namibia.

No official site inspection will be conducted prior to bid closing date and bidders must ensure that they familiarise themselves

with local conditions. The boundaries of the site consist of the area associated with the works to be executed under this

contract as per layout drawings including construction camps, any storage and work areas which the Contractor may require and which are approved by the Engineer.

2.3 SITE CONDITIONS

The average site altitude is 1347m above mean sea level. The average minimum and maximum temperatures are ±4°C and ±38°C during the winter and summer months respectively. The

system shall be designed and commissioned on the basis of the climatic, temperature and humidity as indicated above. It

remains the responsibility of the Bidder to satisfy himself with the local conditions.

2.4 CONSTRUCTION PROGRAMME

Within two weeks (14 days) of the acceptance of this Bid, the Contractor shall provide a detailed programme, providing

information on labour and plant resources and an estimated cash flow. The critical path shall be clearly defined and the programme shall be drawn up in sufficient detail.

PART 2/18






The Contractor is allowed to plan and programme the Works to suit himself/herself, but has to consider the request of the Employer as to which erven are to be provided with services as

a matter of priority. Erven, where the services have been completed, shall be made available for use by the public as

soon as possible. The Engineer will confirm the takeover of the completed services at the monthly site meetings. The proposed duration of the works is to include Builders Holiday and

special non-working days.

2.5 SURVEY BEACONS, BENCH MARKS AND REFERENCE PEGS

Benchmarks or reference beacons will be pointed out to the

Contractor during the site handover. The Contractor is responsible for the setting out of the Works and must include

it in the Bided rates. The Contractor is also responsible to see that no reference/bench marks, beacons and benchmarks are covered up or disturbed. Should the Contractor's Surveyor

identify discrepancies in the design with regard to any of the services to be constructed, he must report this to the Engineer immediately. Under this contract, the Contractor will set out

the works and levels, compare the data with that of the design as shown on the drawings and report any discrepancies to the

Engineer well in advance of construction.

2.6 SITE FACILITIES AVAILABLE

Water Supply

The Contractor is to liaise with the Local Authorities and owner of the said property to the water take-off points. Arrangements for and payment of water used must be made with the Local

Authorities and owner of the said property.

Power Supply The Contractor is to liaise with the Local Authorities. Arrangements for and payment of electricity used must be

made with the Local Authorities.

Contractor’s Camp The Contractor is to liaise with the Local Authorities and the

owner of the said property as to where to establish camp. This will be finalized at the Site hand-over. No housing is available

PART 2/19






for the Contractor's employees, and the Contractor shall make his own arrangements to house his employees. Take note that very little accommodation is available in Okakarara, and the

Contractor will have to make provision of such for the entire team.

2.7 SITE FACILITIES REQUIRED

Laboratory Facilities None Required.

Temporary Offices None required.

Sanitary Facilities

Toilets must be supplied for the Contractor's employees. No open defecation will be allowed or tolerated.

Name Board None Required.

Rain Gauge

Rainfall during the construction period shall be measured on each site from a representative point. All equipment necessary is to be supplied, installed and maintained by the Contractor

at his own expense and access to such point must be restricted. The Engineer must approve rainfall measurement and

equipment.

3. FEATURES REQUIRING SPECIAL ATTENTION

3.1 Existing Services

No detail regarding existing services is available. The Contractor will be responsible to determine the position of all existing

services with the cooperation of staff of the Namibia Training Authority. During site establishment and setting out, the position of existing lines shall be located prior to construction.

Any damage to existing infrastructure shall be reported to the Engineer, and repaired at the Contractor’s cost.

PART 2/20






3.2 Care, Damage and Protection

When locating any services, the Contractor must take extreme care to avoid damage. The repair of all damaged existing services will be for the account of the Contractor.

3.3 Requirements for Temporary Works

Any excavation or spoiled material (dumps) that may, in the opinion of the Engineer, be a danger to the public or its property must be barricaded in such a way that no accidents or damages

will occur to either. Two strategically placed warning lights must be placed at the barricaded site to warn the public during the

night (if applicable).

The Contractor shall be responsible for his own access roads for

construction and shall be expected to maintain these and make allowance for such under the Preliminary and General items.

3.4 Safety requirements

The Contractor’s attention is drawn to the safety on the site. Although the construction area is remote and unoccupied,

public does have access to the site and movement of people through the site might occur from time to time.

The Contractor shall be responsible for the safety on the site at all times and he shall adhere to the laws and bylaws as well as

the safety regulations. Works in progress shall be barricaded and warning signs erected as required by the law.

3.5 Occupational Health and Safety Act

All Occupational Health and Safety Act regulations pertaining to the work being carried out must be adhered to. The Contractor’s employees and sub-contractor’s (including their employees)

shall at all times be supervised by a competent supervisor appointed in writing in terms of Reg. 11.1 of the General Safety

Regulations of the Occupational Health and Safety Act and made aware of his responsibilities.

PART 2/21






A.1 TECHNICAL REQUIREMENTS

TECHNICAL SPECIFICATIONS

COORDINATION OF WORKS

Supply and installation of works to Buildings as outlined in Engineer’s Drawings. The successful Bidder shall provide all materials, tools, equipment, labour and services necessary for the complete, safe and efficient operation of

the installation in accordance with the intent of this specification.

COORDINATION SCHEDULE

General

Mech.

Contr.

Build

Contr.

Elect.

Contr.

The supply and erection of all scaffolding necessary for the mech. Installation.

√

All rigging, hoisting and associated tools required for installation/ erection mech. Equipment.

√

Removal from site of excess and waste material generated during the mech. Installation

√

Co-ordinate space conditions, pipe & cable routes and terminations of the various services with all trades

involved for proper installation of the work.

√ √ √

Building

Chasing of pipes & conduit into brick walls. √

Cutting and core drilling required in structural members

√

Openings & holes in roof structure √

Casting / building in of sleeves in concrete members

and walls √

Sealing of all openings where ducting, piping or

cabling goes through walls, slabs & shafts. √

The provision of flashing & waterproofing for

duct/roof penetrations. √

Casting of all concrete bases and plinths for

equipment as required. √ √

Marking/ Indication of plinths, holes & sleeves required

√

Making good of building structure after installation (Painting & plastering)

√

Painting& priming of material & equipment forming part of mech. Installation

√

Provision of pipe supports, trunking, cable trays and vibration eliminators as required for mech. Inst.

√

Supply and fitting of timber frames where necessary. √

PART 2/22






Access panels in ceilings. √

Cutting of ceiling tiles & cut outs in doors √

Supply & installation of louvers √

Supply & Installation of door grilles

Electrical

Electrical power supplies (Isolator) to mechanical equipment.

√

The provision of all necessary controls, instrumentation, and wiring from the control panels to the equipment as specified herein.

√

HEATING VENTILATION AIR CONDITIONING AND REFRIGERATION

Technical Specification

These specifications and standards contain the general requirements for the equipment, materials, installation, testing, commissioning and maintenance

to be used in all disciplines of mechanical installations.

It is not intended that all requirements described herein shall necessarily form part of the installation, as it should be read in conjunction with the drawings, the detail project Specifications and the bill of quantities relating to the

project. However, all parts, fittings, apparatus and materials supplied under the contract shall conform to the requirements of these specifications unless specifically revised in the other parts of the contract document.

Where the specification calls for a particular manufacturer’s material or

equipment, this shall be supplied as indicated. In the event of the unavailability of the specified equipment or if the Contractor wish to offer an alternative to the specified equipment, such offer/alternative shall be

approved by the Engineer before the equipment can be ordered. It is the responsibility of the Contractor to select all equipment and to position it into

a building space as provided. All equipment offered shall be standard factory products of high performance with a minimum of fifteen years expected life span and service life.

All work is to be executed in a first class workmanlike manner and all equipment supplied shall be of new high quality material, design and

manufacture, suitable for providing an efficient, reliable and trouble free service. The contractor shall ensure, before ordering of equipment, that the

plant room dimensions and access to the plant room are to his satisfaction. Special care shall be taken not to damage equipment during positioning and installation. All faulty and damaged equipment shall be replaced by new

before handover (or made good, only if approved by the engineer).

PART 2/23






All materials to be used shall be compatible with the total installation. The piping to be used shall be as specified in the detail and standard specification

for domestic hot and cold water installations.

The manufacture, supply, delivery, installation and commissioning of the following HVAC & Refrigeration equipment are required

GENERAL REQUIREMENTS

The air conditioner units shall conform to the specifications as outlined this

document, be charged with R410a and have the following properties:

1) The units shall be heat pump unless specified otherwise. 2) The units shall be completely protected against over pressure in the system

and improper operation by the user.

3) The temperature shall be gradually adjustable and automatically controlled within 2°C by a thermostat.

4) The indoor unit shall have three selectable fan speeds. 5) Air filters shall be easily accessible for cleaning. 6) The controller shall be mounted as indicated on the drawing.

7) The room temperature shall be sensed at the return air inlet of the indoor unit.

8) Condensate water to be discharged as indicated on the drawing.

9) The gas and liquid piping to be insulated to prevent moisture condensation. All piping to be installed on galvanised mild steel cable trays

provided by the HVAC-contractor. 10) The outdoor units shall be mounted on suitable heavy-duty angle iron

wall mounted brackets painted same colour as wall and provided by the

sub-contractor. 11) The indoor unit shall be quiet running with an average sound pressure

level measured at a distance of 2m not exceeding 35 dB(A) at the low setting and 43 dB(A) at the high setting respectively, and the centrifugal fan shall be completely balanced.

12) Wired control panels are preferred.

Refrigerant Insulation

All refrigerant suction tubes shall be insulated with 10 mm TERMAFLEX Type

33SE peroxydically improved (crosslinked) polyethylene foam tube insulation with quick-zip fastener, which shall meet the following requirements:

Temperature range - 80 to + 120°C.

Thermal conductivity:

+ 30°C 0°C

– 30°C

0,038 °C W/m²K 0,038 °C W/m²K

0,031 °C W/m²K

PART 2/24






Specific mass

35 kg/m³

Odour properties

Neutral

Cellular structure

Totally enclosed

Fire properties

Self-extinguished to DIN 4012-B1 and ASTMD-11692-59T.

Insulation exposed to weather, or where required for protection against

mechanical damage, shall be protected with aluminium, galvanized steel stainless steel sheet

Refrigerant Charge

The refrigerant shall be either R410a or R407. The Contractor shall charge the system free of cost to the Client for the first year of plant operation, i.e. any leak will be rectified and the system shall be charged by the Contractor

during the defects liability period at no extra cost. The pipework shall include a refrigerant charge point in the plant room, where the system can be filled if

required.

Refrigerant Piping

Please refer to standard specifications.

1. Materials & Installation: Strictly as per Manufacturers specifications; the Contractor shall submit routing drawings / sketches to the Engineer

for approval. 2. Sizing of refrigerant: Strictly as per Manufacturers specifications lines. 3. Factory charged systems shall first be pressure tested and thereafter be

vacuum tested. Field charged systems shall only be pressure tested. 4. Refrigerant pipes and equipment shall be tested under vacuum and

indications of leaks shall not be permitted at a pressure of 0, 68 kPa absolute, maintained for a period of one hour with the vacuum pump uncoupled.

5. Refrigerant pipes and equipment shall be tested with clean dry nitrogen with a small quantity of refrigerant for a period of 24 hours at a test pressure of 1.1 times the appropriate maximum working pressure in terms

of SABS 0147 – 1978: code of Practice for Refrigeration and Air-Conditioning Installations.

6. All connections shall be inspected for leaks by mean of a sensitive leak detector and soap bubble test.

7. Flexible metal vibration absorbers shall be fitted at the compressor

discharge and suction connections.

PART 2/25






8. Refrigerant tubing shall be secured in fittings padded with at least 13 mm thick felt strip, to prevent transmission of vibration.

Pipe supports

Piping and cables against outside walls shall be covered with adequately sized "Instruct" channels, which shall be painted after installation. Hangers and supports to allow adjustment of slope of piping and removal

without dismantling pipes. Hangers and supports to be complete with all necessary structural steel, rods, bolts, nuts, turnbuckles and other components including clamps, rods, bolts, nuts etc. to be painted with two

coats of zinc chromate primer and where exposed to view with two additional coats of approved oil paint.

Split Air conditioners

General requirements

The units shall be completely protected against over pressure in the system and improper operation by the user.

The temperature to be gradually adjustable and automatically controlled within 2°C by a thermostat.

The indoor unit to have three selectable fan speeds.

The indoor unit shall be quiet running with an average sound pressure

level measured at a distance of 2m not exceeding 28 dB(A) at the low setting and 30 dB(A) at the high setting respectively, and the centrifugal fan shall

be completely balanced.

Air filters to be easily accessible for cleaning.

The controller shall be mounted as indicated on the drawing.

The electrical contractor will provide a 100 x 100 outlet with a 25-mm

conduit to above ceiling for the controls.

The room temperature shall be sensed at the return air inlet of the indoor

unit.

Condensate water to be discharged as indicated on the drawing.

The gas and liquid piping to be insulated to prevent moisture

condensation. All piping to be installed on galvanised mild steel cable trays provided by the sub-contractor.

The outdoor units shall be mounted on suitable heavy-duty angle iron wall

mounted brackets painted same colour as wall and provided by the sub-contractor.

Wired control panels are preferred for this type of unit.

PART 2/26






All split units shall be of the inverter controlled compressor type.

Round Flow Ceiling Cassette Units

The following round flow ceiling mounted cassette unit air-conditioners, complete as specified on the relevant drawings, shall be provided. The air-

conditioner shall conform to the following detail requirements and shall be provided with a:

Make :Samsung, Daikin, Midea or equivalent and approved by the Engineer

Type: Round flow ceiling mounted cassette unit Locations & capacities: As per drawing Heating/cooling: Cooling only

Installation: Strictly in accordance with Manufacturer’s specifications; Aesthetics of the installation is of utmost importance

Electrical: 230VAC/50Hz/3phase or

Ceiling cassette type cooling cycle only air-conditioner shall be installed in position as indicated on the drawings.

The units shall be completely protected against over pressure in the system and improper operation by the user.

The temperature to be gradually adjustable and automatically controlled within 2°C by a thermostat.

The indoor unit to have three selectable fan speeds.

The indoor unit shall be quiet running with an average sound pressure

level measured at a distance of 2m not exceeding 35 dB(A) at the low setting and 43 dB(A) at the high setting respectively, and the centrifugal fan shall

be completely balanced.

Air filters to be easily accessible for cleaning.

The controller shall be mounted as indicated on the drawing. The electrical sub-contractor will provide a 100 x 100 outlet with a 25-mm conduit to

above ceiling for the controls.

The room temperature shall be sensed at the return air inlet of the indoor

unit.

Condensate water to be discharged as indicated on the drawing.

The gas and liquid piping to be insulated to prevent moisture condensation. All piping to be installed on galvanised mild steel cable trays

provided by the sub-contractor.

The outdoor units shall be mounted on suitable heavy-duty angle iron wall

mounted brackets painted same colour as wall and provided by the sub-contractor.

Wired control panels are preferred for this type of unit.

PART 2/27






Installation Details for outdoor unit

Outdoor units for the high wall split air conditioners shall be bolted to an

approved supporting structure manufactured from 40 x 40 x 4 S/S angle iron sections. The framework shall be adequately bolted to the wall and thoroughly

cleaned. The indoor units shall be installed according to manufacturer’s instructions.

Piping between the indoor and outdoor units shall be chased in walls or installed above the ceiling. Making good afterwards will be done by the

principle contractor. The outdoor unit shall always be selected in such a manner that the

connected indoor units require the full capacity of the outdoor unit. The outdoor units shall preferably be selected for the least total number of units.

All outdoor units must be installed on the roof slab on top of the line shops. The outdoor units shall be installed according to manufacturer’s instructions.

Remote Control Panels (RCPs)

RCP’s shall be installed next to the door of the room

Capacities

The capacities indicated in the table below are the de-rated effective capacities at ambient temperature and pressure. Any equipment offered by the Bidder shall meet or exceed the requirements as set out below.

PART 2/28






TRAINING CENTER

Unit Qty Type Required Capacity

(kW)

Sewing

Workshop 2 CCU 14

Server Room 2 HWSU 3.5

Beauty Workshop

2 CCU 14

Guest Room 1&2

2 HWSU 5.2

Office 1 HWSU 3.5

School Manager

Office 1 HWSU 3.5

Boardroom 1 CCU 5

Secretary 1 HWSU 3.5

HWSU – High Wall Split Unit CCU – Ceiling Cassette Split Unit

COLD ROOM INSTALLATION

Prefabricated Cold Room

Panel thickness shall be ±80 mm for the roof, floor and vertical walls. Panels

manufactured from a material with better insulation properties may be offered and wall thickness may be reduced in proportion with the improved insulation

properties. Full technical information shall be supplied with the quotation. Based on the panel sizes stated above, the internal dimensions of the rooms

are: 2200 mm x 2200 mm x 2 200 mm high

Core Material: Fire resistant Polyurethane

Sheet Metal Skin: G275 galvanised sheet (Chromadek) to BS EN 10:1991

in Fe.Po2.G quality with a minimum zinc coating of 200g/m2 for both faces.

Minimum Skin Thickness: 0,55mm for Walls and 0,50mm for ceilings (referring to metal thickness)

Manufacturing: Panel components shall be manufactured on a continuous laminating machine.

Primary Coating : To Supplier's specification

Secondary Coating: Architectural polyester suitable for external and

internal use and abrasion, stain and acid resistant. 2 x 25 micron coats.

PART 2/29






Panel Finish: Flat face, frost white

Panel Thickness: 60 mm.

Thermal resistance of panels

Panels shall have a thermal resistance of not more than 0, 35 W/m2.C (equal to 80mm polyurethane)

Under floor insulation

80 mm polyurethane Panel to be mounted on top of a 150 mm concrete slab casted by the main contractor. A 100 mm concrete slab will be casted, by the main contractor, onto this panel after installation by the mechanical

contractor.

Doors

The cold room door shall be complete with latch and inside release handle installed in the position shown on the drawing. The door size shall be 2 000

x 800 mm wide and door thickness shall be ±80 mm.

Doors shall be pre-fabricated and fitted on site.

The design of the doors must be such that no adjustment is required after

the door has been fitted.

Doors will be of same material than panels and shall have the same

thermal resistance than panels and ceilings. The construction of all doors in temperature controlled areas shall be such that an efficient thermal break is obtained

Corners of doors shall be capped with Aluminium channels.

Doors shall be fitted with 900mm high Aluminium checker plates on both sides.

All doors will be manually operated.

Doorframes shall be of heavy duty Aluminium construction

Holes and sleeves

No other Contractor will be allowed to drill or make a hole or opening in insulation panels. The panel Contractor will make available a suitably

qualified person to install sleeves as and when required. Other Contractors will mark-out sleeves for this purpose. The panel Contractor to note that

additional trips may become necessary after his installation has been completed.

Finished appearance and design

Notwithstanding the timing of the contract program, it will be required to provide an installation of high standard and in this regard the Engineer, on

behalf of the Client, reserves the right to reject any sections of the installations which do not meet the standards as detailed within the relevant sections of

PART 2/30






this document. No additional costs shall be entertained for failure to comply with the standards.

Capacity and Operating Temperature

All equipment shall be selected for the prevailing site conditions:

REFRIGERATION SCHEDULE

Application Freezer Room Cold Room

system capacity derated for applicable conditions kW R 7.5 6

running hours per day hrs 18 20 Refrigerant R 507 R 507

Room design temperature °C -18 -2

Evaporator coil T °C 8 8 combined air delivery m³/s 0.5 0.5

number of blowers 2 2 fin spacing mm 5 5

evaporation temp °C -24 -2 off coil temp °C face velocity m/s <2.5 <2.5

defrost cycle & electr cycle & electr reverse cycle no no expansion valve electronic electronic

Condensor Type air cooled air cooled

capacity 11.5 kWR 9.5 kWR

COMPRESSOR

type reciprocating

brand Bitzer or similar

Electrical electrical connection 1x 3ø, 400V 1x 3ø, 400V circuit size 1x 30 A 1x 30 A

Control & Instrumentation

PART 2/31






Adj. Temp. regulation √ √

Temperature indication √ √

Humidty indication √ √

Compressor protection √ √

Soft starter - -

Star delta starting √ √

Fan Protection √ √

cycle defrost √ √

electric defrost √ √

air curtain switch/ door monitoriong √ √

high temp alarm √ √

Danfoss controler √ √

Compressor running time shall be 18 hours per day.

The cold room shall operate at 4°C; this temperature however shall be adjustable. The freezer room shall operate at -18°C; this temperature however shall be

adjustable Bidders must submit, with their quotations, a graph showing compressor and evaporator capacity in kW on the horizontal scale against suction temperature

on the vertical scale, showing clearly the balancing point of the systems.

Components

All components shown on the drawing shall be installed and shall comply with the requirements stated below. Installation of the equipment shall be to the

manufacturer’s prescriptions. The compressor, electrical motor, air cooled condenser motor and liquid receiver shall be mounted on a rigid bedplate.

The selection of the equipment shall be such that the evaporator would fit in the position indicated and, that shelving underneath it shall be of a minimum

height of 1 500 mm.

The evaporator drip tray shall have an outflow routed as indicated.

Condensing Unit

Air-cooled condensing units shall be equipped with hermetic, semi-hermetic or open type compressors matching the specified requirements, load and refrigerant.

Condensing units shall be designed and selected to properly match ambient

conditions, refrigerant, room temperature requirements, temperature differences, and compressor operating hours and specified cooling capacity.

PART 2/32






Each condensing unit shall be a complete unit with compressor and motor, air cooled condenser coil, receiver, cooling fan/s, controls, high- and low pressure protection, discharge- and suction valves on serviceable units and

high- and low pressure indicating gauges complete with shut-off valves. High-pressure protection shall be of the manual reset type.

Units shall be suitable for permanent outdoor use or indoor use as specified. Units installed indoors shall be fitted with ducting or sheet metal cowls

ensuring proper airflow and cooling without short-circuiting. Condensing units, including outdoor package units shall be installed on

proper bases as specified. Compressors with nominal cooling capacity exceeding 7kW must start

unloaded. Open type compressors shall be directly coupled to the drive motors by means of flexible couplings and compressor and motor shall be mounted on a single

robust bedplate of fabricated steel construction.

Initial charge of oil and refrigerant shall be provided. Internal motor over-temperature protection shall be fitted to hermetically and semi-hermetically sealed compressors together with external over-current

protection. Units with ducted air discharge shall be fitted with centrifugal or axial flow

fans. Condensing coils shall be seamless copper tubing with copper or aluminium

fins depending on the application. Interlocks shall be provided between indoor and outdoor units.

Outdoor package units where specified shall be completely weatherproof and

self-contained with only electrical and refrigerant line hook-up required. Unit casing shall be stainless steel, aluminium or internally and externally

powder coated steel. Units designed on a modular basis with multiple unit stacking arrangement will be preferred.

All components, including controls shall be easily accessible for servicing.

Compressors shall be mounted internally with anti-vibration mountings and vibration eliminators on the refrigerant piping.

Control panels shall be mounted behind weatherproof see-through panels with status indication light clearly visible.

PART 2/33






Compressors

The compressor installations shall be of the open drive reciprocating type and

shall be complete with oil separator, gauge panel, isolating valves, sight glass, self-regulating crankcase heater, motor, drive, head cooling, oil return

solenoid, safeties for oil, high temperature, low suction, high discharge temperature and no flow. The compressor installation shall be mounted onto a common base as far as possible for easy operation, control and

maintenance. The compressor / condenser shall be enclosed in a well-ventilated housing.

The compressor shall be hermetically sealed and shall be a well-balanced reciprocating type. The speed of the compressor shall not exceed 900 r/min.

Compressor shall have a bolted and not a welded construction to permit easy take down for servicing. All compressor heads and valve plates shall be

removable for easy inspection. A system of positive oil feed is required and an oil level gauge plug shall be provided.

All compressors shall be fitted with back seating type service valves with gauge connections and with square items for key operations and seating caps.

Connections for high and low pressure switches shall be tapped connections to compressor heads and/or crank cases.

All V-belts shall be adequately protected by a belt guard. The guard shall be manufactured from wire mesh or open type expanded metal, securely braced

and stiffened with light rolled steel sections and bolted in position. The system must make provision the automatic defrosting of the coolers by

means of cycle defrost and as back up electrical defrost.

Electrical Motors

Electrical motors shall comply with the "Standard Specification for Electrical and Mechanical Equipment.

The compressor motor shall be of the heavy duty screen protected type, with

high torque starting characteristics. The motor shall be silent in operation. Starters of the magnetic operated type, with magnetic overload protection on each phase, shall be provided on all motors. Starters shall be automatic in

operation, with manual reset facilities

The Evaporator frame shall

Be manufactured from Aluminium. No galvanized or mild steel

components will be allowed.

Be installed complete with vibration damping devices

PART 2/34






Be installed according to specifications stipulated by the manufacturer, especially with regards to minimum clearances between unit and walls.

The evaporator shall incorporate

An electronic expansion valve

Fans, including motor housings

Either an electrical defrosting mechanism, or a hot gas defrosting system

A factory installed thermal protection system.

The tube bundles shall be

Staggered, multi-pass tubes, with

Tubes made of Copper

Fins made of Aluminium, positioned making use of pre-expanded

manufacturing methods only.

The fan motors shall

Have installed thermistors to protect against heat related damage

Have insulation to IP44F, Class B

The noise level of the units shall not exceed an NC rating of 35 and the requirements as stated in the Health & Safety act of South Africa. The noise

level shall be measured at a distance of 2 meters directly in front or below the unit shall not exceed 80 dB. A high pressure cut out switch shall be provided for each blower coil.

PART 2/35






VENTILATION EQUIPMENT

Ductwork Material

Ductworks shall be fabricated from prime quality galvanised sheet steel, except where otherwise called for.

Fabrication Standards

Ductwork shall be fabricated and installed in accordance with the following specification which shall be read in conjunction with the standards laid down by the Sheet Metal and Refrigeration Contractors National Association (of

America) (SMACNA) which standards shall be adhered to in detail excepting only as hereinafter specified.

Rectangular Ductwork

Duct Size Long Side - mm

Up to 750 mm

751 to 1370 1371 to 2130

2131 upwards

Sheet Steel Thickness - mm

0,6 0,8 1,0 1,2

Cross Bracing Length - mm

2400 2400 2400 2400

Longitudinal

Seams

Pittsburgh Lock for all Duct Sizes

Cross Joints At Maximum Centres of 2400mm / 1220mm

Long Side

S’Slip

25mm

Slip

38mm

Slip

38mm Bar

Slip Reinforced

or

Short Side Drive Slip Drive Slip If under 450 mm

otherwise 38mm Bar Slip L Flanges

38 x 2mm L. Reinforced

Standing seam or 38 x

3 mm

ALTERNATIVE

LY on all sides

Pocket Lock

25 mm

Pocket Lock

38 mm

Pocket Lock

38mm L.RFD

Supports Minimum

Angles - mm 38 x 3 38 x 5 38 x 6 50 x

6

Rods. Dia. mm 6 10 12 12

Spacing,

maximum - mm

3600 3000 2400 180

0

PART 2/36






NOTE: SHEET METAL STRAPS WILL NOT BE ACCEPTED FOR SUSPENSION OF DUCTWORK

Rectangular ductwork shall be regarded as low velocity ductwork suitable for pressures up to 50mm wg and velocities up to 10 meters per second. It shall

accordingly be fabricated and installed in compliance with the above requirements and the “Low Velocity Duct Construction Standard” manual published by SMACNA.

Circular Ductwork

Circular ducting of approved size shall be installed in all exposed areas, i.e. Trading Areas.

Fans

General

Fans shall be statically and dynamically balanced and shall be free of any objectionable vibrations. Fan bearings shall be selected for a minimum of 200 000 hours average life.

Lubrication points for fan bearings shall be readily accessible and shall where necessary be extended to the outside of the fan casing. The shafts and

bearings are to be properly protected from rust and corrosion by means of suitable wrapping and protective grease coatings prior to commissioning

Fan openings shall be provided with protective wire guards in accordance with the Manpower and Occupational Safety Act, 1983. The unit shall be supplied with a safety harness or weather cab complete with a back draught shutter

Fans shall be selected highest possible efficiency with lowest possible blade

tip speed. Axial Fans

Unless otherwise specified, axial flow fans shall be in-line, direct driven type, with motor mounted inside the fan housing. The fan rotor assembly shall be

attached directly to the motor shaft. The fan casings shall be spun from mild steel with integral pre-drilled and

radiuses inlet flange, hot dipped galvanized after manufacture. Vibration isolators shall be installed if required.

Fans shall be provided with adjustable pitch blades. Fans installed under free intake conditions shall be fitted with an inlet cone supplied by the fan

manufacturer. Fan motors shall be totally enclosed, rated for continuous operations of the

squirrel cage induction type suitable for vertical and horizontal installation

PART 2/37






and Class F insulation. Motor protection shall be to IP55 with a temperature range between –40°C to +50°C. DONKIN or WOODS fans will be preferred for this type of fan.

Capacities

The capacities indicated in the table below are the effective capacities. Any equipment offered by the Tenderer shall meet or exceed the requirements as set out below.

XF – Ceiling Mounted Extraction Fan EF – In-line Ducted Extraction Fan

Unit Qty Type Required Capacity (m3/s)

Culinary Arts Kitchen

2 EF1 3.72 m³/s & 4.3 m³/s (2.2 kW, 1440rpm, 380V)

Type of fan Axial Flow

Make Donkin Majax or Woods

Location Culinary Arts Kitchen

Duty Points

(ratings represent adjusted capacities for site conditions)

3.72 m3/s @ 250 Pa static, 4.3 m3/s @ 300

Pa static,

Inlet temperature Ambient

Maximum Impeller speed 1440 RPM

Mechanical Efficiency (at duty point) : more than 70 %

Motor

3 phase induction, TEFC

direct coupled IP 55

Maximum allowable noise level

50 dBa (1m from discharge attenuator)

Accessories required

:

1.5 x Ø Cylindrical sound attenuator with

Melinex Lined on discharge Flexible canvas couplings Adaptor ducting to fit ducting as

indicated on drawings

PART 2/38






Mild steel mounting frame

Unit Qty Type Required Capacity

(m3/s)

Comercial Kitchen

1 EF2 1.3 m³/s (2.2 kW, 1440rpm, 380V)

Type of fan Axial Flow

Make Donkin Majax or Woods

Location Comercial Kitchen

Duty Points

(ratings represent adjusted capacities for site conditions)

1.3 m3/s @ 250 Pa static, 4.3 m3/s @ 300 Pa

static,

Inlet temperature Ambient

Maximum Impeller speed 1440 RPM

Mechanical Efficiency (at duty point) : more than 70 %

Motor

3 phase induction, TEFC

direct coupled IP 55

Maximum allowable noise level

50 dBa (1m from discharge attenuator)

Accessories required :

1.5 x Ø Cylindrical sound attenuator with Melinex Lined on discharge

Flexible canvas couplings Adaptor ducting to fit ducting as indicated on drawings

Mild steel mounting frame

Electrical Supply Fan motors shall be totally enclosed, rated for continuous operation with

sealed life bearings and with Class F insulation. Motor protection shall be to IP55 with a temperature range between –10ºC to +50ºC. Electrical supply will be provided by the electrical sub-contractor.

PART 2/39






SOUND ATTENUATORS

Sound attenuators shall be provided and installed where necessary and shall

be selected to provide the Noise Criteria levels specified in Part Three hereof. Sound attenuators shall be the factory fabricated product of an accredited

manufacturer of such equipment such as SOUND ATTENUATORS LIMITED or TROX, who publish selection data on their products which data shall be submitted to the Engineers for approval of each sound attenuator offered.

Metalwork on sound attenuators shall be galvanised steel or aluminium and

acoustic insulation shall be non-combustible material, properly bonded and covered as so not to permit insulation particles being eroded by air movement over them.

Sound absorbing lining material of sound attenuators in low velocity ductwork shall have a density of not less than 24 kg/ms and a thickness of

not less than 25 mm and in medium pressure ductwork the thickness shall not be less than 50 mm with a minimum density of 48 kg/ms. Material for

cell type sound absorbers shall be of the rigid type. The sound absorbing efficiency at each frequency shall not be less than:-

Frequency-cycles per second 250 500 1000 2000 Percentage Absorption 45 65 70 80

Lining which is damaged in shipment or due to exposure or any other cause shall not be installed and any material, which may be damaged prior to the

final acceptance, shall be replaced as directed by the Engineer. Casings shall be manufactured of galvanised sheet steel not lighter than the

thickness previously specified herein for ductwork of the same dimensions.

Kitchen hood

General The Kitchen Canopy shall be manufactured and installed according to the Engineers drawings and Manufacturer’s instructions.

The Canopy shall be of an all welded stainless steel construction. Stainless

steel panels with approved slip joints for onsite assembly of the canopy can be offered as an alternative, provided that a detailed drawing of the slip joints is submitted with the quotation. If no such drawing is included, it will be

assumed that a welded canopy is offered.

The dimensions, location and size of the canopy and ducting shall be as indicated on the drawings.

PART 2/40






Single phase axial flow fans, each capable of handling at least 3 m3/s of air against the head loss which will be experienced, shall be installed in the ducting as indicated on the drawings. Electrical outlets will be provided by

others. An attenuator of fire-proof, washable material shall be installed above the

canopy in order to lower the noise level to 55 dB(A) when measured 1 m below the inlet to the canopy.

Electrical lights in the canopy shall be supplied by others. The successful quoter shall submit workshop drawings of the extraction

canopy for approval within 14 days after the official date of appointment as sub-contractor.

Fan Size

The Fans shall be manufactured and installed according to the Engineers

drawings and Manufacturer’s instructions, and the sizes shall be in accordance with the fan schedule as indicated on the drawings.

Canopy Material

The Canopy will be made of grade 304 Stainless Steel or alternatively from Galvanised sheet with drip tray as specified by the Engineer

Hanging Pockets

50x50 x100 mm long 2 mm Grade 304 Hanging angles with side Gussets- drilled to take one M10 Hanging Rod and 2 off M6 Fastening bolts.

The Canopy shall hang on stainless steel hangers, fastened to wooden

runners in the ceiling. The sub-contractor shall supply and install all runners for this purpose.

Grease Filters

Suitable, easily accessible and removable low maintenance grease filters, shall be installed in the appropriate positions in the canopy. These filters shall be

constructed of corrosion resistant material, equipped with weep holes and fitted with easy removable anti-rust troughs. The filters shall be of the double-sided "Farr Model No. 2020" type or equal.

The Filters shall be supplied with drip trays and a filter box for 22 filters as per drawing. The filters will be a 500 x 500 Stainless Steel filters.

PART 2/41






TEST CERTIFICATES AND TESTS

Where test certificates are required for individual pieces of equipment, these

shall be submitted to the Engineer for approval immediately on receipt of such certificates. Where witnessing of tests are required by the Engineer, arrangements shall

be made by the Contractor for the Engineer to witness such tests.

INFORMATION, DIAGRAMS, DRAWINGS AND MANUALS TO BE

SUBMITTED

As part of his Quotation and subsequent contract, it will be required from the Bidder/Contractor to submit certain documents, in accordance with the

following programme: With the Bid (at Closing Date):

Marked-up copies of all drawings indicating in red all required alterations

to the concrete, brickwork or whatever other aspect falling outside the scope of his contract;

Manufacturer's pamphlets and/or brochures illustrating all equipment

offered;

Sketches/rough drawings showing the principle of the design in general

and specifically where it deviates from the proposed layout and details given by the Engineer. Attention should be given to space requirements, ease of

maintenance, practical problems during installation, etc. in drawing up sketches. If no such sketches are submitted or if any aspect of the design

is not specifically detailed or highlighted, it will be assumed that the Engineer's proposal is acceptable, practical and economical;

Any other information that the Bidder regards necessary to clarify his offer.

Within 30 days after Award of the Contract:

A work programme as specified herein.

On Completion:

A complete set of "As-Built" drawings;

Testing certificates if applicable;

Commissioning certificates;

A certificate of acceptance by the Employer;

Complete set of maintenance/operating manuals.

PART 2/42






All certificates shall be completed in an orderly and logical manner, and shall be bound in booklet form with a protective cover. The text of instructions, diagrams and drawings shall be "English".

APPROVED MATERIAL

In the Bill of Quantities, the material is set out in detail to assist the contractor. If the materials of other manufacturers are offered, these

materials have to be approved by the engineer. All inferior work or work containing inferior material, shall be rejected by the

Engineer at his discretion, where upon the Mechanical Contractor shall immediately remove and rectify the works as required and bear all costs in

connection therewith.

COMPLETENESS OF BID

The Bidder shall allow in his Quotation price for all material, labour,

supervision, transport, tests and all other items necessary to complete the contract in its entirety and to the satisfaction of the Engineer.

In the event where the supply and/or installation of any item, material or equipment does not form part of this Contract, it will be specifically indicated as such in his specification and/or on the accompanying drawings.

VALUE ADDED TAX, IMPORT TAXES AND DUTIES

Bidders shall allow in their Quotation for all VAT, Import Taxes and Duties, to be paid in respect of all items of material, labour and equipment to be

supplied in terms of this Contract where relevant. The successful Bidder will be liable and responsible for paying any and all VAT, Import Taxes and Duties.

EQUIVALENCY OF STANDARDS AND CODES

Wherever reference is made in the Contract to specific standards and codes to be met by the goods and materials to be furnished, and work performed or tested, the provisions of the latest current edition or revision of the relevant

standards and codes in effect shall apply, unless otherwise expressly stated in the Contract.

PART 2/43






DRAWINGS

1. D0051/M7-01: TRAINING CENTER GROUND FLOOR HVAC LAYOUT

2. D0051/M7-02: TRAINING CENTER GROUND FLOOR HVAC LAYOUT

3. D0051/M7-03: TRAINING CENTER FIRST FLOOR HVAC LAYOUT

4. D0051/M7-04: TRAINING CENTER FIRST FLOOR HVAC LAYOUT

5. D0051/M7-05: TRAINING CENTER SECOND FLOOR HVAC LAYOUT

6. D0051/M7-06: TRAINING CENTER ROOF HVAC LAYOUT &

SCHEDULE

7. D0051/M7/07 TRAINING CENTER GF: CULNINARY ARTS KITCHEN:

HVAC LAYOUT

8. D0051/M7/08 TRAINING CENTER GF: COMMERCIAL KITCHEN:

HVAC LAYOUT

9. D0051/M6-01 TRAINING CENTER COLD AND FREEZER ROOM

LAYOUT

10. D0051/M6-02 TRAINING CENTER FLOOR AND PANEL LAYOUT

1. SCHEDULE OF EQUIPMENT OFFERED It is a requirement of this document that, in addition to the information of the equipment listed below to be furnished, the bidder shall attach the relevant pamphlets, brochures, etc. Quotations without these shall be regarded as incomplete.

PART 2/44






A. SPLIT TYPE AIR CONDITIONERS

Please fill in the following details. (i) CCU 0.01 - 14 KW DESIGN CAPACITY (ROUND FLOW CEILING

MOUNTED CASSETTE UNIT)

Type of Unit Offered

Manufacturer

Nominal Capacity (kW)

Effective Capacity (kW)

Wire Remote Controller (Yes / No)

Indoor Unit Electrical Specifications (Ф, V, kW)

Outdoor Unit Electrical Specifications (Ф, V, kW)

(ii) CCU 0.02 - 9 KW DESIGN CAPACITY (ROUND FLOW CEILING

MOUNTED CASSETTE UNIT)


Manufacturer






PART 2/45






(iii) CCU 0.03 – 7.1 KW DESIGN CAPACITY (ROUND FLOW CEILING MOUNTED CASSETTE UNIT)


Manufacturer




Indoor Unit Electrical Specifications (Ф,

V, kW)

Outdoor Unit Electrical Specifications (Ф,

V, kW)

(iv) CCU 0.04 – 5 KW DESIGN CAPACITY (ROUND FLOW CEILING MOUNTED CASSETTE UNIT)


Manufacturer





Outdoor Unit Electrical Specifications (Ф,

V, kW)

(v) HWSU 0.01 - 3.5 KW DESIGN CAPACITY (HIGH WALL SPLIT UNIT)


Manufacturer





PART 2/46







(vi) HWSU 0.02 - 5.2 KW DESIGN CAPACITY (HIGH WALL SPLIT UNIT)


Manufacturer




Indoor Unit Electrical Specifications (Ф,

V, kW)


PART 1/47



NO: W/ONB/NTA – 01/2020

PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING

CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS


(SECTION III: BIDDING FORMS)

B. RE-FABRICATED FREEZER ROOM

Please fill in the following details.

FREEZER ROOM – 4 KW DESIGN CAPACITY

Insulated Panels

Core Material

Sheet Metal Skin Material

Sheet Metal Skin Thickness [mm]

Manufacture of Panel

Thickness of Panel Walls [mm]

Thermal Resistance [W/m²°C]

Panel Finish

Corrosion Protection

Door heating detail

Floor heating detail

Patented Design (Yes/No)

Compressor

Trade name

Type

Effective Cooling Capacity @

applicable conditions kWR

Compression ratio

Mechanical efficiency @ duty point

Electrical

Starting current

Running current

Power input

Single or three-phase

Coefficient of Performance (COP)

Refrigerant Charge

Start details ( Star –delta / D.O.L)

Thermistor included

Sound pressure level 1 m from unit dBa

PART 1/48



NO: W/ONB/NTA – 01/2020





Condensor

Is condenser fan driven by

compressor motor or is separate motor provided?

Trade name

Type

Cooling Capacity

Coil material

No of passes

Coil arrangement

Fin material

Fin spacing

no of fins per tube length

T over coils

Fan

Make/ supplier

Impeller material

Power rating ( Volt/Phase/kW)

Thermistor included

Circulation fan air flow

Fan type

Evaporator

Trade name

Type

Cooling Capacity (effective) kWR

Overall dimension

Defrost cycle detail

Coil material

No of passes

Coil arrangement

Fin material

Fin spacing

No of fins per tube length

T over coils

Fan

Make/ supplier

Fan type

Impeller material


Thermistor included


PART 1/49



NO: W/ONB/NTA – 01/2020





ELECTRICAL

Make of electrical equipment

Country of manufacture

Type of refrigerator control

Thermistor detail

Audio Alarm

Builder of electrical board

Size of main isolator switch

Manufacturer of thermometer

Manufacturer of thermostats

Temperature range min

C. PRE FABRICATED COLD ROOM

COLD ROOM – 3 KW DESIGN CAPACITY

Insulated Panels

Core Material

Sheet Metal Skin Material

Sheet Metal Skin Thickness [mm]

Manufacture of Panel

Thickness of Panel Walls [mm]

Thermal Resistance [W/m²°C]

Panel Finish

Corrosion Protection

Door heating detail

Floor heating detail

Patented Design (Yes/No)

Compressor

Trade name

Type

Effective Cooling Capacity @ applicable conditions

kWR

Compression ratio

Mechanical efficiency @ duty point

Electrical

Starting current

Running current

Power input

Single or three-phase

Coefficient of Performance (COP)

Refrigerant Charge

Start details ( Star –delta / D.O.L)

Thermistor included

Sound pressure level 1 m from unit dBa

PART 1/50



NO: W/ONB/NTA – 01/2020





Condensor

Is condenser fan driven by

compressor motor or is separate motor provided?

Trade name

Type

Cooling Capacity

Coil material

No of passes

Coil arrangement

Fin material

Fin spacing

no of fins per tube length

T over coils

Fan

Make/ supplier

Impeller material


Thermistor included


Fan type

Evaporator

Trade name

Type

Cooling Capacity (effective) kWR

Overall dimension

Defrost cycle detail

Coil material

No of passes

Coil arrangement

Fin material

Fin spacing

No of fins per tube length

T over coils

Fan

Make/ supplier

Fan type

Impeller material


Thermistor included


PART 1/51



NO: W/ONB/NTA – 01/2020





ELECTRICAL

Make of electrical equipment

Country of manufacture

Type of refrigerator control

Thermistor detail

Audio Alarm

Builder of electrical board

Size of main isolator switch

Manufacturer of thermometer

Manufacturer of thermostats

Temperature range min

D. EXTRACTION FANS FOR KITCHEN CANOPY

(i) EF1 – 3.72 m3/s Axial flow Extraction Fan for Culinary Arts Kitchen Canopy

Type of Fan

Manufacturer

Effective Flow (m3/h)

Fan Diameter

Noise level 1 m from fan

Fan RPM RPM

Electrical Specification (Ф, V, W)

(ii) EF1 – 4.3 m3/s Axial flow Extraction Fan for Culinary Arts

Kitchen Canopy

Type of Fan

Manufacturer


Fan Diameter


Fan RPM RPM


PART 1/52



NO: W/ONB/NTA – 01/2020





(iii) EF2 – 1.3 m3/s Axial flow Extraction Fan for Commercial Kitchen

Canopy

Type of Fan

Manufacturer


Fan Diameter


Fan RPM RPM


(iv) 1.5 X Ø SOUND ATTENUATOR

Trade name and model no.

Material

Finish

Dimensions

(v) KITCHEN CANOPY


Material

Finish

Dimensions

PART 1/53



NO: W/ONB/NTA – 01/2020





(vi) DOOR GRILLE

DOOR GRILLE


Material

Finish

Dimensions

PART 1/54



NO: W/ONB/NTA – 01/2020






W/ONB/NTA – 01/2020



PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION

WORKS

PART 2: EMPLOYERS REQUIREMENTS

SECTION V-2: BILL OF QUANTITES

PART 1/55



PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R)

INSTALLATION WORKS

PART 1: BIDDING PROCEDURES (SECTION III: BIDDING FORMS)

ITEM

DESCRIPTION Qty

A

Unit LABOUR RATE B MATERIAL RATE C TOTAL RATE D = B

+ C

TOTAL AMOUNT E

= D x A

1

1.1 Fixed Charged Items:

Contractual requirements establish facilities on site.

1.1.1 Office & Storage facilities 1 Item

1.1.2 Workshops 1 Item

1.1.3 Living Accommodation 1 Item

1.1.4 Ablution & Latrine facilities 1 Item

1.1.5 Tools & Equipment 1 Item

1.1.6 Water supplies, Electrical Power Communications and Access. 1 Item

1.1.7 Remove Site establishment upon completion. 1 Item

1.1.8 Public liability insurance. 1 Item

1.1.9 Works risks, insurance & reinstatement. 1 Item

1.1.10 Programe & Practical completion. 1 Item

1.1.11 Certificates & Payment. 1 Item

1.1.12 Attendance at site meetings. 1 Item

1.1.13

Supervision: during operations the contractor shall have on site a

suitably experienced and qualified technician who shall

supervise the works. Details of the site supervisor shall be

submitted to the Engineer for approval prior to his assumption.

1 Item

Total Carried Forward to Next Page

Part 1: Preliminary & General

PART 1/56




INSTALLATION WORKS


1.1.14 Crainage & Plant needed for erection 1 Item

1.1.15 Scaffolding needed for erection 1 Item

1.1.16 Delivery of material and equipment to site 1 Item

1.1.17 Implementing Quality Control Plan and testing 1 sum

1.1.18Forward exchange coverage on imported items (when

applicable)1 sum

1.2 Time Related Items:

Contractual Requirements operate & maintain facilities on site.

1.2.1 Office & Storage facilities. 1 Mths R/O

1.2.2 Workshops 1 Mths R/O

1.2.3 Living Accommodation 1 Mths R/O

1.2.4 Ablution & Latrine 1 Mths R/O

1.2.5 Tools & Equipment 1 Sum R/O

1.2.6 Water supplies, Electrical Power, Communications & access. 1 Mths R/O

1.2.7 Supervision 1 Mths R/O

1.2.8 Company & Office overhead costs 1 Sum R/O

1.2.9 Other obligations, please specify 1 Sum R/O

1.2.10 Transport 1 Km R/O

1.2.11 Crainage & Plant needed for erection, installation & dismantling 1 sum R/O

1.2.12 Scaffolding needed for erection. 1 sum R/O

Total Carried Forward To Summary

Total Carried Over From Previous Page

PART 1/57




INSTALLATION WORKS


Item Description Minimum

Effective

Capacity (Kw)

Qty A Unit

LABOUR RATE

B

MATERIAL RATE

C

TOTAL RATE

D = B + C

TOTAL AMOUNT

E = D x A

2 Part 2: Air Conditioning

2.1 SEWING WORKSHOP

2.1.1 CCU - 0.01 Ceiling Cassette Unit, 14.0kW effective derated capacity

with heat pump and wired remote control.14 2 no

2.1.2 Wired Remote Controllers. Please see drawing for QTY 1 no

2.2

2.2.1

HWSU - 001 High Wall Split Unit, 3,5kW effective derated capacity

with heat pump and wireless remote control. Complete with

contact interface

3.5 2 no

2.2.2 Wireless Remote Controllers. Please see drawing for QTY 1 no

2.3 BEAUTY WORKSHOP




2.4

2.4.1HWSU - 001 High Wall Split Unit, 5.2kW effective derated capacity

with heat pump and wireless remote control.5.2 2 no

2.4.2 Wireless Remote Controllers. Please see drawing for QTY 2 no

GUEST ROOM 1&2


Server Room

Multi split VRF type system

(eq. To Daik in VRV IV OR similar). Air Conditioners shall be supplied complete with mounting brackets refrigerant piping, insulation, drain piping, drain pipe insulation (as

required), control gear and trunk ing for positions & route (rate shall include installation and commissioning.

Air Conditioning

Air Conditioners shall be supplied complete with mounting brackets refrigerant piping, insulation, drain piping, condensate drain (if required)control gear, conduit and trunk ing for

positions & routes as indicated on the relevant drawings.

Refrigerant piping:

inclusive of liquid and gas lines, insulation, all fittings, hangers, designed and installed strictly in accordance with the Supplier's specifications

Condensate drain piping

installed in ceiling voids and services shafts, complete with all fittings, P-traps when connecting to the sewer network , hangers and sloping at a gradient not less than 1:100, but

strictly in accordance with Suppliers specifications

NOTE: WMU = High Wall Mounted Split Unit & CCU = Round Flow Ceiling Mounted Cassette Unit & Concealed Unit = CU

PART 1/58




INSTALLATION WORKS


2.5 LIBRARY

2.5.1 CCU - 0.02 Ceiling Cassette Unit, 9kW effective derated capacity



2.6 COMPUTER LAB




2.7

2.7.1HWSU - 001 High Wall Split Unit, 3,5kW effective derated capacity

with heat pump and wireless remote control.3.5 3 no

2.7.2 Remote Controllers. Please see drawing for QTY 3 no

2.8

2.8.1CCU - 0.04 Ceiling Cassette Unit, 5.0kW effective derated capacity

with heat pump and wireless remote control.1 1 no

2.8.9 Remote Controllers. Please see drawing for QTY 1 no


OFFICE, SCHOOL MANAGER OFFICE, SECRETARY

BOARDROOM


PART 1/59




INSTALLATION WORKS


2.9

2.9.1 Ø300 - GMS circular ducting. 0 m







2.10

2.10.1 Ø400 to Ø300 - GMS circular ducting transition, insulated. 0 no

2.10.2 Ø500 to Ø400- GMS circular ducting transition, insulated. 2 no




2.10.6 Ø400 - 90 degree GMS circular ducting bend, insulated. 3 no




2.10.10Ø710 - GMS circular ducting cowl c/w bird proof burglar bars and

automatic shutter to fit specified fan.2 no

2.10.11Ø410 - GMS circular ducting cowl c/w bird proof burglar bars and

automatic shutter to fit specified fan.1 no

Duct Transitions, Fittings & Bends

Straight Duct

Supply, deliver, install, test and commission the following equipment: All Ducting Galvanized Mild Steel TO SABS 1238-1979. Pricing to include Duct Hangars, wall brackets

and all materials needed for installation.

Ducting



PART 1/60




INSTALLATION WORKS


2.11

2.11.1 Ø 6,4 sum m

2.11.2 Ø 9,5 sum m

2.11.3 Ø 12,7 sum m

2.11.4 Ø 15,9 sum m

2.11.5 Ø 19,1 sum m R/O

2.11.6 Ø 22,2 sum m R/O

2.11.7 Ø 28,6 sum m R/O

2.11.8 Ø 34,9 sum m R/O

2.11.9 Ø 41.3 sum m R/O

2.11.10 extra over: 400x100mm GMS trunking. sum m

2.11.11

extra over: 400mm GMS wire basket c/w cover and spacer

channels suitable for wall mounted installation similar to

"cabstrut".

sum m

2.11.12 Pipe supports and hangars as required. sum no

2.12

2.12.1 Decoration panel. Please see drawing for QTY sum no



Refrigerant Piping

Additional Accessories

Inclusive of all fittings, hangers insulation, refnet joints, designed and installed strictly in accordance with the Supplier's specifications.

PART 1/61




INSTALLATION WORKS


2.13

2.13.1 Ø20 uPVC sum m

2.13.2 Ø25 uPVC sum m

2.11.3 Ducting as per drawings 0 m

2.11.4 Diffusers, Grilles & Louvres

2.11.5 Diffusers. Please see drawing for QTY 0 no

2.11.6 Extraction Fans. Please see drawing for QTY 0 no

2.11.7 Wall Grilles 0 no

2.11.8 Door Gilles, 450 x 450, anodized aluminium. 40 no


Installed in ceiling voids and services shafts, complete with all fittings, hangers and insulation as required sloping at a gradient not less than 1:100 where specified, but strictly in

accordance with Suppliers specifications.


Condensate Drain Piping

PART 1/62




INSTALLATION WORKS


Item Description Qty

A

Unit Labour Rate (N$)

B

Material Rate (N$)

C

Total Rate (N$)

D = C+ B

Total Amount (N$)

E = D x A

3 Part 3 Refrigeration: Freezer Room

Freezer room 1 shall be supplied complete with cooling system, all

piping, mounting brackets, sleeves, trunk ing and control gear required

3.1 Freezer room:

3.1.1150mm Insulated panels (Dimensions as per drwgs) as specified incl.

Wall panels, roof panel and support structuresum 1 -

3.1.2extra-over: Sliding door 2m w x 0.8m h c/w rails, mechanisms and

accessories as specifiedsum 1 -

3.1.3 extra-over: air curtain as specified sum 1 -

3.1.4extra over: protection of cover and front panel with aluminium chequer

platesum 1 -

3.1.5extra over: 100mm black steel protection bollard c/w flanges painted red

& yellow chevronsum 1 -

3.2 Refrigeration:

Refrigeration system c/w compressor, condenser, evaporator, piping &

accessories as specified. 7.5 kW R effective- -

3.2.1Compressor /Condenser contained packaged including all accessories

and valves. 7.5 kWR effective (derated for local conditions)no 1 -

3.2.2 Evaporator complete as specified including all accessories no 1 -

3.2.3 extra-over: GMS driptray c/w condensate piping no 1 -

3.2.4 Refrigerant piping including insulation, valves, fittings and pipe supports sum 1 -

3.2.5 Refrigerant charge as per supplier's requirements sum 1 -

3.2.6

extra -over: Control board c/w temperature control, compressor

protection, fan protection, circuit breakers, star delta starting,

thermostats, auto defrost, high temp. audio alarm & accessories

sum 1 -

3.2.7 extra-over: Dial type thermometer no 1 -

3.2.8 extra-over: Dial type hygrometer no 1 -

3.2.9 extra -over: heat tracing of condensate piping sum 1 -

3.2.10 100x50 GMS trunking m 6 -

- TOTAL CARRIED OVER TO SUMMARY

PART 1/63




INSTALLATION WORKS


Item DescriptionQty

A


B

Material Rate (N$)

C

Total Rate (N$)

D = C+ B

Total Amount (N$)

E = D x A

4 Part 4 Refrigeration: Cold Room

Cold room 1 shall be supplied complete with cooling system, all piping,

mounting brackets, sleeves, trunking and control gear required

4.1 Cold room:

4.1.1100mm Insulated panels (Dimensions as per drags) as specified incl.

Wall panels, roof panel and support structure 1 sum-

4.1.2extra-over: Sliding door 2m w x 3m h c/w rails, mechanisms and

accessories as specified 1 sum-

4.1.3 extra-over: air curtain as specified 1 sum -

4.1.4extra over: protection of cover and front panel with aluminium chequer

plate 1 sum-

4.1.5extra over: 100mm black steel protection bollard c/w flanges painted red

& yellow chevron 1 sum-

4.3 Refrigeration:

Refrigeration system c/w compressor, condenser, evaporator, piping &

accessories as specified. 6 kWR effective- -

4.3.1

Compressor /Condenser contained packaged including all accessories

and valves. 6 kWR effective (derated for local conditions) 1 no-

4.3.2 Evaporator complete as specified including all accessories 1 no -

4.3.3 extra-over: GMS driptray c/w condensate piping 1 no -

4.3.4 Refrigerant piping including insulation, valves, fittings and pipe supports 1 sum -

4.3.5 Refrigerant charge as per supplier's requirements 1 sum -

4.3.6

extra -over: Control board c/w temperature control, compressor

protection, fan protection, circuit breakers, star delta starting,

thermostats, auto defrost, high temp. audio alarm & accessories 1 sum

-

4.3.7 extra-over: Dial type thermometer 1 no -

4.3.8 extra-over: Dial type hygrometer 1 no -

4.3.9 extra -over: heat tracing of condensate piping 1 sum -

4.3.10 100x50 GMS trunking 6 m -


PART 1/64




INSTALLATION WORKS


Item Description Qty

A


B

Material Rate (N$) C Total Rate (N$)

D = C+ B

Total Amount (N$)

E = D x A

5 Part 5 -Ventilation Kitchen Canopy

5.13.72m³/s @ 250 Pa, 2.2 kW axial flow fan complete with accessories as

specified1 no -


specified1 no


specified1 no

5.4 extra over: cylindrical sound attenuator (SA1) complete as specified 4 no -

5.5 extra over: cylindrical sound attenuator (SA2) complete as specified 2 no

5.6 extra over: transition piece to fit ducting and offered fan as indicated 3 no -

5.7

SS 403 (1.2 mm thick) Culinary Arts Kitchen Extraction canopy

1130x1600x540.5 mm c/w supporting brackets, filter brackets, stainless

steel drip tray, electric light fittings

13 no -

5.8

SS 403 (1.2 mm thick) Commercial Kitchen Extraction canopy

1850x1600x540.5 mm c/w supporting brackets, filter brackets, stainless

steel drip tray, electric light fittings

1 no

5.9 Extra over: SS304 to cover all 4 edges of canopy (1400mm high) 4 sum - RATE ONLY

5.10 CycloClean stainless steel fat filters (± 500 x 500) to fit offered canopy 22 no -

5.11 "Dummy" cover plates same size as cycloclean filters 8 no -


PART 1/65




INSTALLATION WORKS


Item Description Qty Unit Labour Rate Material Rate Total Rate Total Amount

A B C D = C + B E = D x A

6

6.1 Maintenance

6.1.1 Maintenance and guarantee for 12 months of the complete installation. sum 1

6.1.2Replacement parts required for the 1 year maintenance period ( as per

supplier's recommendation /guideline) (incl. air filter, oil etc.)sum 1

6.1.3

Recommended spares and tools. For evaluation purposes the costs of

such items offered are deducted from the Tender Price to arrive at a

Comparative Tender Price.

sum 1

6.2

6.2.1

Testing, balancing and adjusting the complete installation. By certified

technician. (incl. provision for all tools and measuring devices

required).

sum 1

6.2.2 Welding under inert conditions sum 1

6.2.3 Flushing of system (Nitrogen) sum 1

6.2.4 Gas tightness test complete as specified for complete installation. sum 1

6.2.5Commissioning the installation. By certified technician. Commissioning

cert/report.sum 1

Part 6: Miscellaneous

Testing and Commissioning


PART 1/66




INSTALLATION WORKS


6.3

6.3.1 Equipment Data Schedules. sum 1

6.3.2 Contractor's Drawings : Shop drawings on complete installation.sum 1

6.3.3Contractor's Drawings : Builders Requirements Sketches (where

plinths, openings in walls etc. are needed) sum 1

6.3.4 Contractor's Drawings : Electrical wiring diagrams from suplliers.sum 1

6.4 Post-implementation technical dossier, which includes :-

6.4.1 Provide 1 set of mark-up As-Built drawings in hardcopy. sum 1

6.4.2 3 Sets of Operating and Maintenance Manuals. sum 1

6.4.3 Issuing of test / commissioning certificate as specified. sum 1

6.5 Labelling

6.5.1Labelling of complete installation (Electric equipment, piping etc.).

Complete as specified. sum 1

6.6 Painting

6.6.1 Painting of complete installation (exposed piping, trunking trays etc.). sum 1

6.7 Training

6.7.1Demonstrate and train representative of Client for a minimum of 2

hours. sum 1


Pre-implementation technical dossier, which includes :-


PART 1/67




INSTALLATION WORKS


Section Description Amount (excl VAT)

N$

1 Part 1: Preliminary & General

2 Part 2: Air Conditioning

3 Part 3 Refrigeration: Freezer Room

4 Part 4 Refrigeration: Cold Room

5 Part 5 -Ventilation Kitchen Canopy

6 Part 6: Miscellaneous

Grand Total

Sub Total

Contingencies (10%)

Sub Total

VAT (15 %)

SUMMARY

PART 3/17




PART 3: CONDITIONS OF CONTRACT AND

CONTRACT FORMS (SECTION VII: SPECIAL CONDITIONS OF CONTRACT)


W/ONB/NTA – 01/2020




PART 3: CONDITIONS OF CONTRACT AND CONTRACTUAL FORMS

SECTION VI: GENERAL CONDITIONS OF

CONTRACT

PART 3/18






SECTION VI – GENERAL CONDITION OF CONTRACT

Table of Clauses

1. Definitions ................................................................................................... PART 3/19 2. Contract Documents .................................................................................... PART 3/20 3. Fraud and Corruption .................................................................................. PART 3/20 4. Interpretation .............................................................................................. PART 3/21 5. Language ..................................................................................................... PART 3/22 6. Joint Venture, Consortium or Association .................................................... PART 3/22 7. Eligibility ..................................................................................................... PART 3/22 8. Notices ........................................................................................................ PART 3/23 9. Governing Law ............................................................................................. PART 3/23 10. Settlement of Disputes ................................................................................. PART 3/23 11. Inspections and Audit .................................................................................. PART 3/23 12. Scope of Supply ........................................................................................... PART 3/23 13. Delivery and Documents .............................................................................. PART 3/24 14. Supplier’s Responsibilities ........................................................................... PART 3/24 15. Contract Price.............................................................................................. PART 3/24 16. Terms of Payment ........................................................................................ PART 3/24 17. Taxes and Duties ......................................................................................... PART 3/24 18. Performance Security ................................................................................... PART 3/25 19. Copyright .................................................................................................... PART 3/25 20. Confidential Information .............................................................................. PART 3/25 21. Subcontracting ............................................................................................ PART 3/26 22. Specifications and Standards ....................................................................... PART 3/26 23. Packing and Documents .............................................................................. PART 3/27 24. Insurance .................................................................................................... PART 3/27 25. Transportation ............................................................................................. PART 3/27 26. Inspections and Tests .................................................................................. PART 3/27 27. Liquidated Damages .................................................................................... PART 3/28 28. Warranty ..................................................................................................... PART 3/28 29. Patent Indemnity ......................................................................................... PART 3/29 30. Limitation of Liability ................................................................................... PART 3/30 31. Change in Laws and Regulations .................................................................. PART 3/30 32. Force Majeure .............................................................................................. PART 3/30 33. Change Orders and Contract Amendments ................................................... PART 3/31 34. Extensions of Time ...................................................................................... PART 3/32 35. Termination ................................................................................................. PART 3/32 36. Assignment ................................................................................................. PART 3/33 37. Export Restriction ........................................................................................ PART 3/33

PART 3/19






Section VI. General Conditions of Contract

1. Definitions 1.1 The following words and expressions shall have the

meanings hereby assigned to them:

(a) “Contract” means the Contract Agreement entered into

between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all

attachments, appendices, and all documents

incorporated by reference therein.

(b) “Contract Documents” means the documents listed in the

Contract Agreement, including any amendments thereto.

(c) “Contract Price” means the price payable to the Supplier

as specified in the Contract Agreement, subject to such

additions and adjustments thereto or deductions

therefrom, as may be made pursuant to the Contract.

(d) “Day” means calendar day.

(e) “Completion” means the fulfillment of the Related

Services by the Supplier in accordance with the terms and

conditions set forth in the Contract.

(f) “GCC” means the General Conditions of Contract.

(g) “Goods” means all of the commodities, raw material,

machinery and equipment, and/or other materials that the Supplier is required to supply to the Purchaser under

the Contract.

(h) “Purchaser” means the entity purchasing the Goods and

Related Services, as specified in the SCC.

(i) “Related Services” means the services incidental to the

supply of the goods, such as insurance, installation,

training and initial maintenance and other such

obligations of the Supplier under the Contract.

(j) “SCC” means the Special Conditions of Contract.

(k) “Subcontractor” means any natural person, private or

government entity, or a combination of the above, to whom any part of the Goods to be supplied or execution

of any part of the Related Services is subcontracted by the

Supplier.

(l) “Supplier” means the natural person, private or government entity, or a combination of the above, whose bid to perform

the Contract has been accepted by the Purchaser and is

named as such in the Contract Agreement.

PART 3/20






(m) “The Project Site,” where applicable, means the place named in the SCC.

2. Contract

Documents

2.1 Subject to the order of precedence set forth in the Contract

Agreement, all documents forming the Contract (and all parts

thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract Agreement shall be read as

a whole.

3. Fraud and

Corruption

3.1 If the Purchaser determines that the Supplier and/or any of its

personnel, or its agents, or its Subcontractors, consultants, service providers, suppliers and/or their employees has

engaged in corrupt, fraudulent, collusive, coercive or

obstructive practices, in competing for or in executing the

Contract, then the Purchaser may, after giving 14 days notice

to the Supplier, terminate the Supplier's employment under the Contract and cancel the contract, and the provisions of Clause

35 shall apply as if such expulsion had been made under Sub-

Clause 35.1.

(a) For the purposes of this Sub-Clause:

(i) “corrupt practice” is the offering, giving, receiving

or soliciting, directly or indirectly, of anything of

value to influence improperly the actions of

another party7;

(ii) “fraudulent practice” is any act or omission,

including a misrepresentation, that knowingly or

recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to

avoid an obligation8;

(iii) “collusive practice” is an arrangement between two

or more parties9 designed to achieve an improper

purpose, including to influence improperly the

actions of another party;

(iv) “coercive practice” is impairing or harming, or

threatening to impair or harm, directly or

indirectly, any party or the property of the party to

influence improperly the actions of a party10;

(v) “obstructive practice” is

7 “Another party” refers to a public official acting in relation to the procurement process or

contract execution. In this context, “public official” includes Public Entity’s staff and

employees of other organizations taking or reviewing procurement decisions. 8 “Party” refers to a public official; the terms “benefit” and “obligation” relate to the

procurement process or contract execution; and the “act or omission” is intended to influence the procurement process or contract execution. 9 “Parties” refers to participants in the procurement process (including public officials)

attempting to establish bid prices at artificial, non-competitive levels. 10 “Party” refers to a participant in the procurement process or contract execution.

PART 3/21






(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to the

investigation or making false statements to investigators in order to materially impede a

Public Entity’s investigation into allegations

of a corrupt, fraudulent, coercive or

collusive practice; and/or threatening,

harassing or intimidating any party to prevent it from disclosing its knowledge of

matters relevant to the investigation or from

pursuing the investigation; or

(bb) acts intended to materially impede the

exercise of the Public Entity’s inspection

and audit rights provided for under Clause

11 [Inspections and Audits by the Public

Entity].

3.2 Should any employee of the Supplier be determined to have engaged in corrupt, fraudulent, collusive, coercive, or

obstructive practice during the purchase of the Goods, then

that employee shall be removed.

4. Interpretation 4.1 If the context so requires it, singular means plural and vice versa.

4.2 Incoterms

(a) Unless inconsistent with any provision of the Contract the

meaning of any trade term and the rights and obligations

of parties hereunder shall be as prescribed by Incoterms.

(b) The terms EXW, CIP, FCA, CFR and other similar terms,

when used, shall be governed by the rules prescribed in

the edition of Incoterms specified in the SCC and published by the International Chamber of Commerce in

Paris, France.

4.3 Entire Agreement

The Contract constitutes the entire agreement between the

Purchaser and the Supplier and supersedes all

communications, negotiations and agreements (whether

written or oral) of the parties with respect thereto made prior to the date of Contract.

4.4 Amendment

No amendment or other variation of the Contract shall be valid

unless it is in writing, is dated, expressly refers to the Contract,

and is signed by a duly authorized representative of each party

thereto.

4.5 Non-waiver

PART 3/22






(a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation,

forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the

Contract or the granting of time by either party to the

other shall prejudice, affect, or restrict the rights of that

party under the Contract, neither shall any waiver by

either party of any breach of Contract operate as waiver

of any subsequent or continuing breach of Contract.

(b) Any waiver of a party’s rights, powers, or remedies under

the Contract must be in writing, dated, and signed by

an authorized representative of the party granting such

waiver, and must specify the right and the extent to which it is being waived.

4.6 Severability

If any provision or condition of the Contract is prohibited or

rendered invalid or unenforceable, such prohibition, invalidity

or unenforceability shall not affect the validity or enforceability

of any other provisions and conditions of the Contract.

5. Language 5.1 The Contract as well as all correspondence and documents

relating to the Contract exchanged by the Supplier and the

Purchaser, shall be in English. Supporting documents and

printed literature that are part of the Contract may be in

another language provided they are accompanied by an accurate translation of the relevant passages in the language

specified, in which case, for purposes of interpretation of the

Contract, this translation shall govern.

5.2 The Supplier shall bear all costs of translation to the governing

language and all risks of the accuracy of such translation, for

documents provided by the Supplier.

6. Joint Venture,

Consortium or

Association

6.1 If the Supplier is a joint venture, consortium, or association, all of

the parties shall be jointly and severally liable to the Purchaser for

the fulfillment of the provisions of the Contract and shall designate

one party to act as a leader with authority to bind the joint

venture, consortium, or association. The composition or the constitution of the joint venture, consortium, or association shall

not be altered without the prior consent of the Purchaser.

7. Eligibility 7.1 The Supplier and its Subcontractors shall be Namibian

nationals only.

7.2 All Goods and Related Services to be supplied under the

Contract shall have their origin in Eligible Countries. For the

purpose of this Clause, origin means the country where the

goods have been grown, mined, cultivated, produced,

manufactured, or processed; or through manufacture,

processing, or assembly, another commercially recognized article results that differs substantially in its basic

characteristics from its components.

PART 3/23






8. Notices 8.1 Any notice given by one party to the other pursuant to the

Contract shall be in writing to the address specified in the

SCC. The term “in writing” means communicated in written

form with proof of receipt.

8.2 A notice shall be effective when delivered or on the notice’s

effective date, whichever is later.

9. Governing

Law

9.1 The Contract shall be governed by and interpreted in

accordance with the laws of Namibia.

10. Settlement of

Disputes

10.1 The Purchaser and the Supplier shall make every effort to

resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in

connection with the Contract.

10.2 If, after thirty (30) days, the parties have failed to resolve their

dispute or difference by such mutual consultation, then either

the Purchaser or the Supplier may give notice to the other party

of its intention to commence arbitration, as hereinafter

provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice

is given. Any dispute or difference in respect of which a notice

of intention to commence arbitration has been given in

accordance with this Clause shall be finally settled by

arbitration. Arbitration may be commenced prior to or after

delivery of the Goods under the Contract. Arbitration proceedings shall be conducted in accordance with the rules of

procedure specified in the SCC.

10.3 Notwithstanding any reference to arbitration herein,

(a) the parties shall continue to perform their respective

obligations under the Contract unless they otherwise agree;

and

(b) the Purchaser shall pay the Supplier any money due the

Supplier.

11. Inspections

and Audit

11.1 The Supplier shall permit, and shall cause its Subcontractors and

consultants to permit, the Public Entity and/or persons

appointed by the Public Entity to inspect the Supplier’s offices and

all accounts and records relating to the performance of the

Contract and the submission of the bid, and to have such accounts and records audited by auditors appointed by the Public

Entity if requested by the Public Entity. The Supplier’s and its

Subcontractors and consultants’ attention is drawn to Clause 3

[Fraud and Corruption], which provides, inter alia, that acts

intended to materially impede the exercise of the Public Entity’s inspection and audit rights provided for under this Sub-Clause

11.1 constitute a prohibited practice subject to contract

termination.

12. Scope of

Supply

12.1 The Goods and Related Services to be supplied shall be as

specified in the Schedule of Requirements.

PART 3/24






13. Delivery and

Documents

13.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Goods and

Completion of the Related Services shall be in accordance with the

Delivery and Completion Schedule specified in the Schedule of Requirements. The details of shipping and other documents to be

furnished by the Supplier are specified in the SCC.

14. Supplier’s

Responsibiliti

es

14.1 The Supplier shall supply all the Goods and Related Services

included in the Scope of Supply in accordance with GCC Clause

12, and the Delivery and Completion Schedule, as per GCC

Clause 13.

15. Contract

Price

15.1 Prices charged by the Supplier for the Goods supplied and the

Related Services performed under the Contract shall not vary

from the prices quoted by the Supplier in its bid, with the

exception of any price adjustments authorized in the SCC.

16. Terms of

Payment 16.1 The Contract Price shall be paid as specified in the SCC.

16.2 The Supplier’s request for payment shall be made to the

Purchaser in writing, accompanied by invoices describing, as appropriate, the Goods delivered and Related Services

performed, and by the documents submitted pursuant to GCC

Clause 13 and upon fulfillment of all other obligations

stipulated in the Contract.

16.3 Payments shall be made promptly by the Purchaser, but in no

case later than sixty (30) days after submission of an invoice or

request for payment by the Supplier, and after the Purchaser

has accepted it.

16.4 Bidders will be paid in fixed Namibian dollars or Namibian dollars adjusted to the fluctuation in the rate exchange at the time of

delivery, as specified in the SCC.

16.5 In the event that the Purchaser fails to pay the Supplier any

payment by its due date or within the period set forth in the

SCC, the Purchaser shall pay to the Supplier interest on the

amount of such delayed payment at the rate shown in the SCC,

for the period of delay until payment has been made in full, whether before or after judgment or arbitrage award.

17. Taxes and

Duties

17.1 For goods manufactured outside Namibia, the Supplier shall be

entirely responsible for all taxes, stamp duties, license fees, and

other such levies imposed outside Namibia.

17.2 For goods Manufactured within Namibia, the Supplier shall be

entirely responsible for all taxes, duties, license fees, etc.,

incurred until delivery of the contracted Goods to the

Purchaser.

17.3 If any tax exemptions, reductions, allowances or privileges may be

available to the Supplier in Namibia, the Purchaser shall use its

PART 3/25






best efforts to enable the Supplier to benefit from any such tax

savings to the maximum allowable extent.

18. Performance

Security

18.1 If required as specified in the SCC, the Supplier shall, within

thirty (30) days of the award, provide a performance security

for the performance of the Contract in the amount specified in the SCC.

18.2 The proceeds of the Performance Security shall be payable to the

Purchaser as compensation for any loss resulting from the

Supplier’s failure to complete its obligations under the Contract.

18.3 As specified in the SCC, the Performance Security must be denominated in Namibian dollars and shall be in the form of a

bank guarantee or in another format acceptable to the

Purchaser.

18.4 The Performance Security shall be discharged by the

Purchaser and returned to the Supplier not later than thirty eight

(30) days following the date of Completion of the Supplier’s performance obligations under the Contract, including any

warranty obligations, unless specified otherwise in the SCC.

19. Copyright 19.1 The copyright in all drawings, documents, and other materials

containing data and information furnished to the Purchaser by

the Supplier herein shall remain vested in the Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by

any third party, including suppliers of materials, the copyright in

such materials shall remain vested in such third party

20. Confidential

Information

20.1 The Purchaser and the Supplier shall keep confidential and

shall not, without the written consent of the other party hereto,

divulge to any third party any documents, data, or other information furnished directly or indirectly by the other party

hereto in connection with the Contract, whether such information

has been furnished prior to, during or following completion or

termination of the Contract. Notwithstanding the above, the

Supplier may furnish to its Subcontractor such documents, data, and other information it receives from the Purchaser to the extent

required for the Subcontractor to perform its work under the

Contract, in which event the Supplier shall obtain from such

Subcontractor an undertaking of confidentiality similar to that

imposed on the Supplier under GCC Clause 20.20.2 The

Purchaser shall not use such documents, data, and other information received from the Supplier for any purposes unrelated

to the contract. Similarly, the Supplier shall not use such

documents, data, and other information received from the

Purchaser for any purpose other than the performance of the

Contract.

20.3 The obligation of a party under GCC Sub-Clauses 20.1 and

20.2 above, however, shall not apply to information that:

PART 3/26






(a) the Purchaser or Supplier need to share with institutions participating in the financing of the Contract;

(b) now or hereafter enters the public domain through no

fault of that party;

(c) can be proven to have been possessed by that party at the time of disclosure and which was not previously obtained,

directly or indirectly, from the other party; or

(d) otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

20.4 The above provisions of GCC Clause 20 shall not in any way

modify any undertaking of confidentiality given by either of the

parties hereto prior to the date of the Contract in respect of the

Supply or any part thereof.

20.5 The provisions of GCC Clause 20 shall survive completion or

termination, for whatever reason, of the Contract.

21.

Subcontractin

g

21.1 The Supplier shall notify the Purchaser in writing of all

subcontracts awarded under the Contract if not already specified

in the bid. Such notification, in the original bid or later shall not

relieve the Supplier from any of its obligations, duties,

responsibilities, or liability under the Contract.

21.2 Subcontracts shall comply with the provisions of GCC Clauses 3 and 7.

22. Specifications

and Standards

22.1 Technical Specifications and Drawings

(a) The Goods and Related Services supplied under this

Contract shall conform to the technical specifications and standards mentioned in Section V, Schedule of

Requirements and, when no applicable standard is

mentioned, the standard shall be equivalent or superior

to the official standards whose application is appropriate

to the Goods’ country of origin.

(b) The Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other

document, or any modification thereof provided or

designed by or on behalf of the Purchaser, by giving a

notice of such disclaimer to the Purchaser.

(c) Wherever references are made in the Contract to codes

and standards in accordance with which it shall be

executed, the edition or the revised version of such codes

and standards shall be those specified in the Schedule of Requirements. During Contract execution, any changes

in any such codes and standards shall be applied only

after approval by the Purchaser and shall be treated in

accordance with GCC Clause 33.

PART 3/27






23. Packing and

Documents

23.1 The Supplier shall provide such packing of the Goods as is

required to prevent their damage or deterioration during transit to

their final destination, as indicated in the Contract. During transit, the packing shall be sufficient to withstand, without

limitation, rough handling and exposure to extreme temperatures,

salt and precipitation, and open storage. Packing case size and

weights shall take into consideration, where appropriate, the

remoteness of the goods’ final destination and the absence of heavy

handling facilities at all points in transit.

23.2 The packing, marking, and documentation within and outside

the packages shall comply strictly with such special requirements

as shall be expressly provided for in the Contract, including

additional requirements, if any, specified in the SCC, and in any

other instructions ordered by the Purchaser.

24. Insurance 24.1 Unless otherwise specified in the SCC, the Goods supplied under the Contract shall be fully insured in Namibian dollars

against loss or damage incidental to manufacture or acquisition,

transportation, storage, and delivery, in accordance with the

applicable Incoterms or in the manner specified in the SCC.

25. Transportatio

n

25.1 Unless otherwise specified in the SCC, responsibility for

arranging transportation of the Goods shall be in accordance with

the specified Incoterms.

26. Inspections

and Tests

26.1 The Supplier shall at its own expense and at no cost to the

Purchaser carry out all such tests and/or inspections of the Goods

and Related Services as are specified in the SCC.

26.2 The inspections and tests may be conducted on the premises of the Supplier or its Subcontractor, at point of delivery, and/or at

the Goods’ final destination, or in another place in Namibia as

specified in the SCC. Subject to GCC Sub-Clause 26.3, if

conducted on the premises of the Supplier or its Subcontractor,

all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors

at no charge to the Purchaser.

26.3 The Purchaser or its designated representative shall be

entitled to attend the tests and/or inspections referred to in GCC Sub-Clause 26.2, provided that the Purchaser bear all of its own

costs and expenses incurred in connection with such attendance

including, but not limited to, all travelling and board and lodging

expenses.

26.4 Whenever the Supplier is ready to carry out any such test and

inspection, it shall give a reasonable advance notice, including the

place and time, to the Purchaser. The Supplier shall obtain from

any relevant third party or manufacturer any necessary

permission or consent to enable the Purchaser or its designated representative to attend the test and/or inspection.

26.5 The Purchaser may require the Supplier to carry out any test

and/or inspection not required by the Contract but deemed

necessary to verify that the characteristics and performance of the

PART 3/28






Goods comply with the technical specifications codes and

standards under the Contract, provided that the Supplier’s

reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the Contract Price.

Further, if such test and/or inspection impedes the progress of

manufacturing and/or the Supplier’s performance of its other

obligations under the Contract, due allowance will be made in

respect of the Delivery Dates and Completion Dates and the other obligations so affected.

26.6 The Supplier shall provide the Purchaser with a report of the

results of any such test and/or inspection.

26.7 The Purchaser may reject any Goods or any part thereof that

fail to pass any test and/or inspection or do not conform to the

specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to

meet the specifications at no cost to the Purchaser, and shall

repeat the test and/or inspection, at no cost to the Purchaser,

upon giving a notice pursuant to GCC Sub-Clause 26.4.

26.8 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by

the Purchaser or its representative, nor the issue of any report

pursuant to GCC Sub-Clause 26.6, shall release the Supplier from

any warranties or other obligations under the Contract.

27. Liquidated

Damages

27.1 Except as provided under GCC Clause 32, if the Supplier fails

to deliver any or all of the Goods by the date(s) of delivery or perform the Related Services within the period specified in the

Contract, the Purchaser may without prejudice to all its other

remedies under the Contract, deduct from the Contract Price, as

liquidated damages, a sum equivalent to the percentage specified

in the SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until

actual delivery or performance, up to a maximum deduction of the

percentage specified in those SCC. Once the maximum is

reached, the Purchaser may terminate the Contract pursuant to

GCC Clause 35.

28. Warranty 28.1 The Supplier warrants that all the Goods are new, unused,

and of the most recent or current models, and that they

incorporate all recent improvements in design and materials,

unless provided otherwise in the Contract.

28.2 Subject to GCC Sub-Clause 22.1(b), the Supplier further

warrants that the Goods shall be free from defects arising from any

act or omission of the Supplier or arising from design, materials,

and workmanship, under normal use in the conditions prevailing

in Namibia.

28.3 Unless otherwise specified in the SCC, the warranty shall

remain valid for twelve (12) months after the Goods, or any portion

thereof as the case may be, have been delivered to and accepted at

the final destination indicated in the SCC, or for eighteen (18)

PART 3/29






months after the date of shipment from the port or place of loading

in the country of origin, whichever period concludes earlier.

28.4 The Purchaser shall give notice to the Supplier stating the

nature of any such defects together with all available evidence

thereof, promptly following the discovery thereof. The Purchaser shall afford all reasonable opportunity for the Supplier to inspect

such defects.

28.5 Upon receipt of such notice, the Supplier shall, within the

period specified in the SCC, expeditiously repair or replace the

defective Goods or parts thereof, at no cost to the Purchaser.

28.6 If having been notified, the Supplier fails to remedy the defect

within the period specified in the SCC, the Purchaser may

proceed to take within a reasonable period such remedial action

as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may

have against the Supplier under the Contract.

29. Patent

Indemnity

29.1 The Supplier shall, subject to the Purchaser’s compliance with

GCC Sub-Clause 29.2, indemnify and hold harmless the

Purchaser and its employees and officers from and against any

and all suits, actions or administrative proceedings, claims,

demands, losses, damages, costs, and expenses of any nature,

including attorney’s fees and expenses, which the Purchaser may suffer as a result of any infringement or alleged infringement of

any patent, utility model, registered design, trademark, copyright,

or other intellectual property right registered or otherwise existing

at the date of the Contract by reason of:

(a) the installation of the Goods by the Supplier or the use of

the Goods in the country where the Site is located; and

(b) the sale in any country of the products produced by the

Goods.

Such indemnity shall not cover any use of the Goods or any

part thereof other than for the purpose indicated by or to be

reasonably inferred from the Contract, neither any

infringement resulting from the use of the Goods or any part

thereof, or any products produced thereby in association or

combination with any other equipment, plant, or materials not

supplied by the Supplier, pursuant to the Contract.

29.2 If any proceedings are brought or any claim is made against the Purchaser arising out of the matters referred to in GCC Sub-

Clause 29.1, the Purchaser shall promptly give the Supplier a

notice thereof, and the Supplier may at its own expense and in the

Purchaser’s name conduct such proceedings or claim and any

negotiations for the settlement of any such proceedings or claim.

29.3 If the Supplier fails to notify the Purchaser within twenty-eight

(28) days after receipt of such notice that it intends to conduct any

PART 3/30






such proceedings or claim, then the Purchaser shall be free to

conduct the same on its own behalf.

29.4 The Purchaser shall, at the Supplier’s request, afford all

available assistance to the Supplier in conducting such

proceedings or claim, and shall be reimbursed by the Supplier for

all reasonable expenses incurred in so doing.

29.5 The Purchaser shall indemnify and hold harmless the

Supplier and its employees, officers, and Subcontractors from and

against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any

nature, including attorney’s fees and expenses, which the Supplier

may suffer as a result of any infringement or alleged infringement

of any patent, utility model, registered design, trademark,

copyright, or other intellectual property right registered or

otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other

documents or materials provided or designed by or on behalf of the

Purchaser.

30. Limitation of

Liability

30.1 Except in cases of criminal negligence or willful misconduct,

(a) the Supplier shall not be liable to the Purchaser, whether

in contract, tort, or otherwise, for any indirect or

consequential loss or damage, loss of use, loss of

production, or loss of profits or interest costs, provided

that this exclusion shall not apply to any obligation of the

Supplier to pay liquidated damages to the Purchaser and

(b) the aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not

exceed the total Contract Price, provided that this

limitation shall not apply to the cost of repairing or

replacing defective equipment, or to any obligation of the

supplier to indemnify the purchaser with respect to patent

infringement

31. Change in Laws and

Regulations

31.1 Unless otherwise specified in the Contract, if after the date of 30 days prior to date of Bid submission, any law, regulation,

ordinance, order or bylaw having the force of law is enacted,

promulgated, abrogated, or changed in Namibia (which shall be

deemed to include any change in interpretation or application by

the competent authorities) that subsequently affects the Delivery Date and/or the Contract Price, then such Delivery Date and/or

Contract Price shall be correspondingly increased or decreased, to

the extent that the Supplier has thereby been affected in the

performance of any of its obligations under the Contract.

Notwithstanding the foregoing, such additional or reduced cost

shall not be separately paid or credited if the same has already been accounted for in the price adjustment provisions where

applicable, in accordance with GCC Clause 15.

32. Force Majeure 32.1 The Supplier shall not be liable for forfeiture of its Performance

Security, liquidated damages, or termination for default if and to

PART 3/31






the extent that its delay in performance or other failure to perform

its obligations under the Contract is the result of an event of Force

Majeure.

32.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Supplier that is not foreseeable,

is unavoidable, and its origin is not due to negligence or lack of

care on the part of the Supplier. Such events may include, but not

be limited to, acts of the Purchaser in its sovereign capacity, wars

or revolutions, fires, floods, epidemics, quarantine restrictions,

and freight embargoes.

32.3 If a Force Majeure situation arises, the Supplier shall promptly

notify the Purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the

Supplier shall continue to perform its obligations under the

Contract as far as is reasonably practical, and shall seek all

reasonable alternative means for performance not prevented by

the Force Majeure event.

33. Change

Orders and Contract

Amendments

33.1 The Purchaser may at any time order the Supplier through notice

in accordance GCC Clause 8, to make changes within the general

scope of the Contract in any one or more of the following:

(a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically

manufactured for the Purchaser;

(b) the method of shipment or packing;

(c) the place of delivery; and

(d) the Related Services to be provided by the Supplier.

33.2 If any such change causes an increase or decrease in the cost of,

or the time required for, the Supplier’s performance of any

provisions under the Contract, an equitable adjustment shall be made in the Contract Price or in the Delivery/Completion

Schedule, or both, and the Contract shall accordingly be amended.

Any claims by the Supplier for adjustment under this Clause must

be asserted within thirty (30) days from the date of the Supplier’s

receipt of the Purchaser’s change order.

33.3 Prices to be charged by the Supplier for any Related Services that

might be needed but which were not included in the Contract shall

be agreed upon in advance by the parties and shall not exceed the

prevailing rates charged to other parties by the Supplier for similar services.

33.4 Subject to the above, no variation in or modification of the terms

of the Contract shall be made except by written amendment signed

by the parties.

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34. Extensions of

Time

34.1 If at any time during performance of the Contract, the Supplier or

its subcontractors should encounter conditions impeding timely

delivery of the Goods or completion of Related Services pursuant to GCC Clause 13, the Supplier shall promptly notify the

Purchaser in writing of the delay, its likely duration, and its cause.

As soon as practicable after receipt of the Supplier’s notice, the

Purchaser shall evaluate the situation and may at its discretion

extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of the

Contract.

34.2 Except in case of Force Majeure, as provided under GCC Clause

32, a delay by the Supplier in the performance of its Delivery and

Completion obligations shall render the Supplier liable to the

imposition of liquidated damages pursuant to GCC Clause 26, unless an extension of time is agreed upon, pursuant to GCC Sub-

Clause 34.1.

35. Termination 35.1 Termination for Default

(a) The Purchaser, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the

Supplier, may terminate the Contract in whole or in part:

(i) if the Supplier fails to deliver any or all of the Goods

within the period specified in the Contract, or within

any extension thereof granted by the Purchaser

pursuant to GCC Clause 34;

(ii) if the Supplier fails to perform any other obligation

under the Contract; or

(iii) if the Supplier, in the judgment of the Purchaser has engaged in fraud and corruption, as defined in GCC

Clause 3, in competing for or in executing the

Contract.

(b) In the event the Purchaser terminates the Contract in

whole or in part, pursuant to GCC Clause 35.1(a), the Purchaser may procure, upon such terms and in such

manner as it deems appropriate, Goods or Related

Services similar to those undelivered or not performed,

and the Supplier shall be liable to the Purchaser for any

additional costs for such similar Goods or Related Services. However, the Supplier shall continue

performance of the Contract to the extent not terminated.

35.2 Termination for Insolvency.

(a) The Purchaser may at any time terminate the Contract by giving notice to the Supplier if the Supplier becomes

bankrupt or otherwise insolvent. In such event,

termination will be without compensation to the Supplier,

provided that such termination will not prejudice or affect

PART 3/33






any right of action or remedy that has accrued or will

accrue thereafter to the Purchaser

35.3 Termination for Convenience.

(a) The Purchaser, by notice sent to the Supplier, may

terminate the Contract, in whole or in part, at any time

for its convenience. The notice of termination shall

specify that termination is for the Purchaser’s convenience, the extent to which performance of the

Supplier under the Contract is terminated, and the date

upon which such termination becomes effective.

(b) The Goods that are complete and ready for shipment

within thirty (30) days after the Supplier’s receipt of

notice of termination shall be accepted by the Purchaser at the Contract terms and prices. For the remaining

Goods, the Purchaser may elect:

(i) to have any portion completed and delivered at the

Contract terms and prices; and/or

(ii) to cancel the remainder and pay to the Supplier an

agreed amount for partially completed Goods and

Related Services and for materials and parts

previously procured by the Supplier.

36. Assignment 36.1 Neither the Purchaser nor the Supplier shall assign, in whole or in part, their obligations under this Contract, except with prior

written consent of the other party.

37. Export

Restriction

Notwithstanding any obligation under the Contract to complete all

export formalities, any export restrictions attributable to the

Purchaser, to Namibia, or to the use of the products/goods, systems

or services to be supplied, which arise from trade regulations from a

country supplying those products/goods, systems or services, and which substantially impede the Supplier from meeting its obligations

under the Contract, shall release the Supplier from the obligation to

provide deliveries or services, always provided, however, that the

Supplier can demonstrate to the satisfaction of the Purchaser that it

has completed all formalities in a timely manner, including applying

for permits, authorizations and licenses necessary for the export of the products/goods, systems or services under the terms of the

Contract. Termination of the Contract on this basis shall be for the

Purchaser’s convenience pursuant to Sub-Clause 35.3.

PART 3/34







W/ONB/NTA – 01/2020





CONTRACTUAL FORMS

SECTION VII: SPECIAL CONDITIONS OF CONTRACT

PART 3/29





PART 3: CONDITIONS OF CONTRACT

AND CONTRACTUAL FORMS

(SECTION VIII: CONTRACTUAL FORMS)

SECTION VII: SPECIAL CONDITIONS OF CONTRACT These clauses should be read in conjunction with the General Conditions of Contract

A. General

GCC 1.1 (r) The Employer is



P.O Box 20919

Khomasdal

Windhoek

Tel: +264- 61-207 8550

Fax: +264- 61-221 158

GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be 24

April 2021. The Contract Period shall exclude annual builder’s holidays between December – January but include all other

statutory holidays.

GCC 1.1 (y) The Project Manager is

Jack Mutua Architects Inc

Tel: +264 (061) 302323

GCC 1.1 (aa)

The site of the project is located at Okakara (Pamue location),

a town in the Otjozondjupa Region, Namibia. The site is located 50 kilometres southeast of Waterberg National Park.

GCC 1.1 (dd)

The Start Date shall be at the date of site handover.

GCC 1.1 (hh)

The Works consist of upgrading to Okakarara Vocational Training Centre (VTC) in Otjozondjupa region – phase 1: heating,

ventilation, air conditioning and refrigeration (HVAC-R)

installation works as specified under Project Specifications included in Part 2 (Employer’s Requirements) of the Bidding Document.

GCC 2.2 Sectional Completions are: Is Applicable for this Contract.

GCC 2.3 Replace the content of Clause GCC 2.3 with the following:

The documents forming the Contract shall be interpreted in the following order of priority:

https://en.wikipedia.org/wiki/Waterberg_National_Park

PART 3/30








(a) the Contract agreement;

(b) the Notification of Award (Letter of Acceptance);

(c) the Addenda to the Bid Documents;

(d) Bid Submission Form;

(e) Bid Securing Declaration;

(f) Appendix to Bid Documents;

(g) Bidding Data Sheets (BDS);

(h) Instruction to Bidders (ITB);

(i) the Special Condition of Contract;

(j) the Conditions of Contract;

(k) Project Specifications;

(l) Standard Specifications (SANS 1200);

(m) the Construction Drawings;

(n) the completed Schedules of Quantity; and

(o) Completed Schedules and any other documents forming part

of the Contract.

GCC 5.1 The Project Manager may delegate any of his duties and

responsibilities to his representative.

GCC 6.1 A notice shall be effective:

1.) When it is delivered by hand and signed for. 2.) When it sent via email and the recipient confirms receipt. Delivery address for notices is:

Employer:



P.O Box 20919

Khomasdal

Windhoek

Tel: +264- 61-207 8550

Fax: +264- 61-221 158

Contractor (complete full address where notices are to be delivered):

_____________________________________________

_____________________________________________

_____________________________________________

PART 3/31








GCC 8.1 Schedule of other contractors: Not Applicable for this contract

GCC 12.1 The language of the contract is English

The law that applies to the Contract is the law of the Republic of Namibia.

GCC 13.1 Except for the cover mentioned in (d)(i) hereunder, the other insurance covers shall be in the joint names of the Contractor and the Employer and the minimum insurance amounts shall be: (a) for the Works, Plant and Materials: Contract Sum plus 25% (b) for loss or damage to Equipment: The replacement value of the equipment that the contractor intends to use on site until the taking over by the Employer. (c) for loss or damage to property (except the Works, Plant, Materials, and Equipment) in connection with Contract: Replacement value of the properties that are exposed to the action of the contractor in the execution of the works. (d) for personal injury or death: (i) of the Contractor’s employees: N$ 200,000.00 for each and every claim occurrence without

a limit to the number of occurrences. (ii) of other people: N$ 200,000.00 for each and every claim occurrence without a limit to the number of occurrences. (e) for loss or damage to materials on-site and for which payment have been included in the Interim Payment Certificate, where applicable: Applicable insurance will be requested. The Contractor shall choose to take the insurance covers indicated above as separate covers or a combination of the Contractor’s All Risks coupled with the Employer’s liability and First Loss Burglary, after approval of the Employer. All insurance covers shall be of nil or the minimum possible deductibles at sole expense of the contractor.

.

GCC 14.1 Site Data are:

(a) Construction Drawings;

(b) As-built Drawings;

(c) Rainfall Data;

(d) Site Diary;

(e) Request for Approval of Works; and

(f) Daily/Monthly Safety Reports.

PART 3/32








GCC 20.1 The Site Possession Date(s) shall be within 7 days after signing of

the Contract Agreement.

GCC 23.1 & GCC 23.2

Appointing Authority for the Adjudicator: The President of the

Engineering Council Namibia in accordance with the Rules and Procedures for the Nomination of the Adjudication.

GCC 24. In case a dispute of any kind arises between the Employer and the Contractor in connection with, or arising out of, the contract or the execution of works or after completion of works and whether before or after repudiation or other termination of Contract, including any dispute as to any opinion, instruction, determination, certificate or valuation of the Employer’s Representative, the matter in dispute shall, in the first place, be referred in writing to the employer’s representative, with a copy to the other party.

The Employer and the Contractor shall make every effort to resolve the dispute amicably by direct informal negotiation. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Public Entity or the Contractor may give notice to the other party of its intention to refer the matter to:

Namibia Training Authority shall choose one of the followings])

“commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given.” Or “the competent courts of Namibia”

GCC 24.3 Hourly rate and types of reimbursable expenses to be paid to the Adjudicator: Shall be agreed between the parties and the Adjudicator.

GCC 24.4 Any dispute or difference in respect of which a notice of intention to commence arbitration has been given shall be finally settled by arbitration in accordance with Namibian Laws by an Arbitrator to be appointed by both parties to the dispute or in any case of

disagreement, by an Arbitrator to be appointed by the President of the Engineering Council of Namibia. The Arbitrator fees will be borne by the losing party. Any decision of the Arbitrator shall be final and binding to both parties”.

PART 3/33








B. Time Control

GCC 25.1 The Contractor shall submit for approval a Program for the Works within 28 calendar days from the date of the Notification of

Award.

The Program shall include, but not be limited to, the following elements under the conditions stipulated:

(a) Milestones; (b) Critical Path;

(c) Production Rates;

(d) Resource Management Plan; (e) Quality Assurance Plan; and

(f) Project Cashflow Diagram. The amount to be withheld for late submission of the Construction Program is N$ 500-00 (Five Hundred Namibian Dollars & Zero Cents) per calendar day.

GCC 25.3 The period between Program updates is thirty 30 days.

The Program updates shall include, but not be limited to, the following elements under the conditions stipulated:

(a) Monthly Progress Report; and

(b) Cashflow Status Report. The amount to be withheld for late submission of an updated Program is N$ 500.00 (Five Hundred Namibian Dollars & Zero

Cents) per calendar day.

C. Quality Control

GCC 31 The Contractor shall at his own expense institute a quality control system. The cost of supervision and process control including testing carried out by the Contractor shall be deemed to be included in final Contract Price.

GCC 33.1 The Defects Liability Period is 12 months (365 calendar days) from the date of Practical Completion.

D. Cost Control

GCC 37.6 “…work above the limit stated in Sub-Clause 38.1…” should read “…work above the limit stated in Sub-Clause 36.1…”

GCC 39.7 Interim Payment for Plant and Material on site “is” applicable. The applicable payment shall be limited to 80% of manufacturing cost when delivered on site.

PART 3/34








GCC 40.1 The interest paid by the Employer for the late payment will be two (2) percent greater than the minimum lending rate charged by the Bank of Namibia, calculated from thirty (30) days after issue of payment certificate.

GCC 40.3 Payment of preliminaries The amount to be included in each monthly certificate in respect of preliminaries costs shall be calculated from the priced items within the preliminaries section of the bills of quantities. The contractor and project manager shall agree a division of the

priced preliminaries items into: 1) an initial or establishment charge, payment of which shall be made to the contractor on proof that the relevant expenditures have been made; 2) a monthly charge, and 3) a final or de-establishment charge. Should the contractor and project manager be unable to agree such division then the project manager shall make a fair and reasonable division. In arriving at such division cognisance shall be taken of such factors as: 1) Premiums for policies of insurance and performance guarantees being renewable annually, 2) Plant, scaffolding and the like remaining the property of the contractor or the hiring company and the capital cost thereof not being treated as part of the initial charge. In the event of an extension of time for the completion of the works the monthly charge be recalculated on the same basis as originally but taking into account the revised contract period and the amounts already paid to the contractor.

GCC 41.1 (l) (a)

Calculation of Extension of Time due to abnormal rainfall: Average rainfall figures based on rainfall records for Okakarara are to be sourced from the Namibia Meteorological services. These shall be

accepted to also represent the rainfall at Site. The monthly average (Nn and Rn) for this period shall, for the purpose of this contract, be taken to be the normal rainfall. The average annual rainfall for Okakarara shall be accepted to be

equal to that of the Site.

Extension of time in respect of abnormal rainfall shall be determined

in terms of method (i) below. The maximum extension of time that will

be considered in respect of any given period, will be the number of

PART 3/35








working days in the period concerned on which work may be

executed.

Method (i) (Rainfall formula)

Extension of time in accordance with this method shall be calculated

separately for each calendar month or part thereof according to the

formula below. It shall be calculated for the full period of completion

of the contract, including any extension thereof that may have been

granted:

V = (Nw− Nn) +(Rw − Rn)

X

If any value of V is negative and its absolute value exceeds Nn, then

V shall be taken as equal to minus Nn.

The symbols shall have the following meanings:

V = Delay due to rain in calendar days in respect of the calendar

month under consideration

Nw = Actual number of days during the calendar month on which the

rainfall of Y mm or more was recorded

Rw = Actual rainfall in mm for the calendar month under

consideration

Nn = Average number of days in the relevant calendar month (as

derived from existing rainfall records provided in the Project

Specifications) on which a rainfall of Y mm or more per day was

recorded

Rn = Average rainfall in mm for the calendar month, as derived from

the rainfall records supplied in the Project Specifications

X = 20, unless otherwise provided in the Project Specifications

Y = 10, unless otherwise provided in the Project Specifications

The total delay that will be taken into account for the determination

of the total extension of time for the contract shall be the algebraic

sum of the monthly totals for the period under consideration. But if

the grand total is negative, the time for completion shall not be

reduced on account of abnormal rainfall. The total extension of time

for any calendar month shall not exceed (Nc – Nn) calendar days,

where Nc = number of calendar days in the month under

consideration.

The factor (Nw – Nn) shall be considered to represent a fair allowance

for variations from the average number of days during which rainfall

equals or exceeds Y mm per day.

PART 3/36








The factor (Rw – Rn) ÷ X shall be considered to represent a fair

allowance for variations from the average for the number of days

during which rainfall does not equal or exceed Y mm per day, but

when wet conditions prevented or disrupted work.

This formula does not take into account any flood damage, which

could cause further or concurrent delays and which should be treated

separately in so far as extension of time is concerned.

Accurate rain gauging shall be taken at a suitable point on the site

daily at 08h00 unless otherwise agreed to by the Engineer, and the

Contractor shall, at his own expense, take all necessary precautions

to ensure that the rain gauges cannot be interfered with by

unauthorized persons.

GCC 41.2 Notwithstanding the provisions of this clause, the preliminaries shall be adjusted on the basis of fixed, time and value related items. (See GCC 40.3)

GCC 43.1 The currency of the Employer’s country is: Namibia Dollars.

GCC 44.1 The Contract is not subject to price adjustment in accordance with GCC Clause 44, and the adjustment coefficients does not apply.

GCC 45.1 The proportion of payments retained is: 10% (Ten Percentage).

GCC 46.1 The liquidated damages for the whole of the Works are N$ 500.00

(Five Hundred Namibian Dollars & Zero Cents) per calendar day. The maximum amount of liquidated damages for the whole of the Works is 10% (Ten Percent) of the final Contract Price. If the Contractor does not execute the work as per the agreed contract schedule & the project gets delayed beyond the

contract period, whereby there is no genuine reasons for

extension of time, the contractor has to bear the cost of the Supervision Consultancy Contract, on behalf of the Employer for

the delayed construction period.

GCC 47.1 The Bonus for the whole of the Works is Not Applicable (N/A) for this Contract

GCC 48.1 The Advance Payments is Applicable for this Contract.

GCC 49.1 The Performance Security amount is 10% (Ten Percent) of the Contract Price.

The only form of Performance Security that will be acceptable under this Contract will be a Demand Guarantee as per the Typical

Performance Security under SECTION VIII: CONTRACTUAL FORMS.

PART 3/37








Where the Performance Security is in the form of a Bank Guarantee, it shall be issued by:

(a) a banking institution established in Namibia, or

(b) a foreign bank through a correspondent bank established in Namibia.

GCC 52.3 “… payment is filed under subsection [Insert number] …” should read “…payment is filed under subsection 52.1…”

E. Finishing the Contract

GCC 55.1 Notwithstanding the provisions in this clause, a detailed final account of the total amount that the Contractor deems payable under the contract will be delivered to the Project Manager within 30 (thirty) days of issuance of Completion Certificate.

GCC 56.1 The date by which “As-Built” Drawings, maintenance and operation manuals are required is 30 days after declaration of practical

completion and not later than 120 days before issuance of final

certificate.

The “As-Built” Drawings shall include, but not be limited to, the following information:

(a) As-built set-out layouts (complete with long sections); and

(b) Construction process & quality control test results.

GCC 56.2 The amount to be withheld for failing to produce “As Built” Drawings by the date required in GCC 56.1 is N$ 1,000-00 per calendar day.

GCC 57.2 (g)

The Contractor shall breach the contract when the completion of the Works has been delayed by the number of days for which the maximum amount of liquidated damages can be paid.

The maximum number of delayed days is: Thirty (30) days. Actual days will be calculated after cost estimate is completed.

GCC 57.2 (h)

“…or in executing the Contract, pursuant to GCC Clause 57.1” should read “…or in executing the Contract, pursuant to GCC Clause 58.1.”

GCC 57.3 “…under GCC Sub-Clause 56.2…” should read “…under GCC Sub-Clause 57.2…”

GCC 59.1 The percentage to apply to the value of the work not completed, representing the Employer’s additional cost for completing the Works, is 10% (Ten Percent).

PART 3/38









W/ONB/NTA – 01/2020


PROJECT: PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN

OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR CONDITIONING AND


PART 3: CONDITIONS OF CONTRACT AND CONTRACTUAL FORMS

SECTION VIII: CONTRACTUAL FORMS

PART 3/0 EMPLOYER: NAMIBIA TRAINING AUTHORITY PROCUREMENT REFERENCE



PART 3: CONDITIONS OF CONTRACT AND CONTRACT FORMS (SECTION VI:

GENERAL CONDITIONS OF CONTRACT)

SECTION VIII – CONTRACTUAL FORMS

Note: This Section contains forms which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the

successful Bidder after contract award.

TABLE OF FORMS

APPENDIX TO BID ................................................................................... PART 3/30

TYPICAL NOTIFICATION OF AWARD (LETTER OF ACCEPTANCE) ........... PART 3/33

TYPICAL CONTRACT AGREEMENT............................................................ PART 3/6

TYPICAL EXAMPLE OF ADVANCE PAYMENT SECURITY ....................... PART 3/119

TYPICAL EXAMPLE OF CESSION AGREEMENT .................................... PART 3/411


NO: W/ONB/01/2020 PROJECT: PROJECT: PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION –




Appendix to Bid

[Note: with the exception of the items for which the Employer’s requirements have been inserted, the following information must be completed before the Tender is submitted]

Item Sub-Clause Data

Employer’s name and address GCC 1.1 Head of Procurement Management Unit, Namibia Training

Authority NTA Village, 10 Rand

Street, Khomasdal

P.O Box 20919, Khomasdal, Windhoek, Namibia

Tel: +264- 61-207 8550

Fax: +264- 61-221 158

End-User’s name and address GCC 1.1 Namibia Training Authority OkakararaVocational

Training Center

Contractor’s name and address GCC 6.1

Project Manager’s name and address

GCC 1.1 Deka Consulting Engineers

P.O. Box 21744

Windhoek, Namibia

Max. Time for Completion of the Works

GCC 1.1 Completion Period is by 24 April 2021 including non-

working days but excluding the construction industry holiday

Alternative time of completion offered by contractor

GCC 1.1

Not Applicable to this Contract

Defects Notification Period

GCC 33.1

365 calendar days (12 months)






Reasonable Profit subject to a maximum of ten percent (10%)

GCC 45.1

________ % (Percentage Reasonable Profit)

Electronic transmission systems GCC 1.1 e-mail, facsimile

Governing Law GCC 12.1 Republic of Namibia

Ruling language GCC 12.1 English

Language for communications GCC 12.1 English

Time for access to the Site GCC 20.1 Start Date (within 7 days after the signing of Contract)

Amount of Performance Security GCC 45.1 10% of the Accepted Contract Amount stated in the Letter of

Acceptance

Normal working hours GCC 12.1 As per Namibian Labour Act

Penalties for late submission and delayed approval of Programme or revised Programme

GCC 25.1

N$ 500-00 per calendar day

Liquidated Damages for the Works GCC 46.1 N$ 500-00 per calendar day

Percentage for adjustment of Provisional Sums

GCC 44.1 As per Schedule of Quantities

Total advance payment GCC 48.1 Up to 10%

Percentage of retention GCC 45.1 10 %

Limit of Retention Money GCC 45.1 10% of the Accepted Contract Amount excluding Contingencies

and VAT






Plant and Materials for payment when delivered to the Site

GCC 48.1 ________________________________

________________________________

________________________________

________________________________

________________________________

Minimum amount of Interim Payment Certificates

GCC 44.1 N$ 100,000.00

Payment GCC 44.1 ________% discount for payment within _______ days after approval

of claim by Engineer

Currencies of payment GCC 43.1 Namibia Dollar (N$)

Periods for submission of insurance:

(a) Evidence of insurance GCC 13.1 14 Days

(b) Relevant policies GCC 13.1 14 Days

Date by which the DAB shall be appointed

GCC 24.0 28 days after a dispute has been declared

The DAB shall be GCC 23.1 One sole Member/adjudicator

Proposed: To be Appointed

Appointment (if not agreed) to be made by

GCC 23.1 The President of the Namibia Council of Architects and

Quantity Surveyors

Initials of signatory of Bidder






TYPICAL NOTIFICATION OF AWARD (LETTER OF ACCEPTANCE)

This is to notify you that your Bid dated ……………………………….. for execution of

PROJECT: PROJECT: UPGRADING TO OKAKARARA VOCATIONAL TRAINING

CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING,

VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R)

INSTALLATION WORKS, for the Accepted Contract Amount of

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

..

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

….., (including contingencies, CPA and VAT) as corrected and modified in

accordance with the Instructions to Bidders is hereby accepted by the Namibia

Training Authority, subject to the following conditions 1 to 3 being met within

the days as indicated in brackets below:

1 The submission of a Performance Security in terms of Sub-Clause 45.1 of the

General and the relevant Special Conditions of Contract (within 21 days);

2 The submission of a detailed construction Programme in terms of Sub-Clause

8.3 of the General Conditions and relevant Special Conditions of Contract, as

well as the Quality Assurance System and Manual (within 14 days);

3 The acknowledgement by the Bidder of actual excesses for insurances in lieu of

approximate excesses stated in the Appendix to Bid (within 14 days);

4 Submission of all insurances as prescribed in the Bid Document. Any other

items deemed necessary and particular to the contract.

After compliance with the above conditions within the periods provided, the Bidder

is required to enter into a Contract Agreement with the Namibia Training Authority.

Please note all administrative work for this Project in connection with the exercise of

the powers and the performance of the functions of Procurement Committee of the

Namibia Training Authority have been designated to the Head of Procurement

Management Unit of the Namibia Training Authority and shall be performed by

staff members of the Namibia Training Authority.






Administrative work shall include the technical and contractual administration of

this Contract.

The Engineer on the Contract shall be Deka Consulting Engineers, represented by

the Project Manager, Mr. Antonio de Jesus, Tel : 061 220 959, who shall be

responsible for the administration of the Contract on behalf of the Employer as

defined in the Conditions of Contract.

Matters relating to the Employer shall be addressed to the Namibia Training

Authority represented by Head of Procurement Management Unit: Mr. Richard

Ndjahera, Tel: +264- 61-207 8550 ; Fax: +264- 61-207 851.

The Commencement Date for this Contract shall be 14 Days after date of this Letter

of Acceptance. The time for completion shall be by 24 April 2021.

Please email receipt of Letter of Notification of Award acknowledged to Mr. Richard

Ndjahera, Email.: [email protected].

Yours faithfully,

________________________

HEAD OF PROCUREMENT MANAGEMENT UNIT

NAMIBIA TRAINING AUTHORITY






TYPICAL CONTRACT AGREEMENT

THIS AGREEMENT made on the . . . . . .day of . . . . . . . . . . . . . . ..., . . . . . . .,

between the Namibia Training Authority (hereinafter “the Employer”), of the one

part, and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . (hereinafter “the Contractor”), of the other part:

WHEREAS the Employer desires that the Works known as UPGRADING TO

OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN OTJOZONDJUPA

REGION – PHASE 1: ELECTRICAL INSTALLATION WORKS, should be executed

by the Contractor, and has accepted a Bid by the Contractor for the execution and

completion of these Works and the remedying of any defects therein,

The Employer and the Contractor agree as follows:

1. 1. In this Agreement words and expressions shall have the same meanings as

are respectively assigned to them in the Contract documents referred to.

2. 2. The following documents shall be deemed to form and be read and

construed as part of this Agreement. This Agreement shall prevail over all

other Contract documents.

(a) the Contract agreement;

(b) the Notification of Award (Letter of Acceptance);

(c) the Addenda to the Bid Documents;

(d) Bid Submission Form;

(e) Bid Securing Declaration;

(f) Appendix to Bid Documents;

(g) Bidding Data Sheets (BDS);

(h) Instruction to Bidders (ITB);

(i) the Special Condition of Contract;

(j) the Conditions of Contract;

(k) Project Specifications;

(l) Standard Specifications (SANS 1200);

(m) the Construction Drawings;

(n) the completed Schedules of Quantity; and

(o) Completed Schedules and any other documents forming part of the Contract.






3. In consideration of the payments to be made by the Employer to the

Contractor as indicated in this Agreement, the Contractor hereby covenants

with the Employer to execute the Works and to remedy defects therein in

conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the

execution and completion of the Works and the remedying of defects therein,

the Contract Price or such other sum as may become payable under the

provisions of the Contract at the times and in the manner prescribed by the

Contract.

5. IN WITNESS whereof the parties hereto have caused this Agreement to be

executed in accordance with the laws of Namibia on the day, month and year

indicated above.

…………………………………

Signed by:

…………………………………

Signed by:

for and on behalf of the Employer

for and on behalf the Contractor

in the presence of: in the presence of:

Witness:

Name..…………………………..

Signature..……………………..

Address…………………………

…………………………………...

Date……………………………..

Witness:

Name..…………………………..

Signature..……………………..

Address…………………………

…………………………………...

Date……………………………..






TYPICAL PERFORMANCE SECURITY (DEMAND GUARANTEE) WORDING,

(Only to be issued in hard copy paper form) Procurement Reference No. and title: [insert no. and title of bidding process]

Bank’s Branch or Office: [insert complete name of Guarantor]

Beneficiary: The Namibia Training Authority.

PERFORMANCE GUARANTEE No.: [insert Performance Guarantee number]

We have been informed that [insert complete name of Supplier] (hereinafter called "the

Supplier") has entered into Contract No. [insert number] dated [insert day and month], [insert

year] with you, for the supply of [description of goods and related services] (hereinafter called

"the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a Performance

Guarantee is required.

At the request of the Supplier, we hereby irrevocably undertake to pay you any sum(s) not

exceeding [insert amount(s11) in figures and words] upon receipt by us of your first demand in

writing declaring the Supplier to be in default under the Contract, without cavil or argument,

or your needing to prove or to show grounds or reasons for your demand or the sum specified

therein.

The following further terms shall apply:

1. Notwithstanding anything to the contrary herein contained the Surety's liability in terms

hereof shall be limited to the amount of N$ ________________

2. The Employer shall have the absolute right to arrange his affairs with the Contractor in

any manner he deems fit and without advising the Surety shall not have the right to

derogating

11 The Bank shall insert the amount(s) specified in the SCC and denominated,

as specified in the SCC, in the currency of the Contract.






from the generality of the foregoing no compromise extension of time indulgence,

release, waiver of security, release of co-sureties or variation of the contractor's

obligations shall in any manner affect the surety ship and the Surety shall be deemed to

have consented thereto.

3. A certificate under the signature of any architect appointed by the Employer for the

purpose of the building contract or if no architect had been appointed then of any quantity

surveyor appointed as such shall for all purposes including provisional sentence be

sufficient and conclusive proof of the extent at any time of the Contractor's obligations

towards the Employer.

4. The Surety shall be bound by any admission of liability by the Contractor or his

successor-in-title and by any award or judgment in arbitration proceedings or litigation

between the Employer and the Contractor.

5. Should the Contractor commit a deed of insolvency, make an offer of compromise or

composition, become insolvent, or should an administration, liquidation, or judicial

management order (whether provisional or final be issued against the Contractor). The

Surety's obligation in terms hereof will immediately become enforceable on the date of the

commission of such act or the date of granting of such order, as the case may be, without

any obligation on the Employer to prove a claim against the insolvent estate.

5.1 Until such time as the Surety shall in full have satisfied the Employer's claim against

the Contractor, the Employer shall be entitled to prove a claim against the insolvent

estate for the full amount thereof and the Surety shall not be entitled to prove any

claim, provided that the Employer shall be obliged to make payment to the Surety of

any amount recovered by him in excess of the Contractor's liability towards the

Employer.

6. Should the Contractor's indebtedness to the Employer at any time exceed the limit of the

surety ship and payments made on account of such indebtedness by whomsoever but the

Surety shall be appropriated first to the excess.

7. This guarantee shall remain in full force and effect until 60 days after the issue of the

Certificate of Intended Completion, unless the Surety is advised in writing by the

Employers within 60 days after the issue of the said Certificate of his intention to institute

claims and the particulars thereof, in which event this guarantee shall remain in full force

and effect until all such claims have been paid or liquidated.






SIGNED AT ON THE DAY OF _ AS WITNESSES

I. ________________________

2. ____________________________ Surety

...................................................Bank’s seal and authorized

signature(s).......................................






TYPICAL EXAMPLE OF ADVANCE PAYMENT SECURITY (if applicable)

Brief description of Contract: ..........................................................................

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

Name and address of Beneficiary: .....................................................................

........................................................ (Whom the Contract defines as the Employer)

We have been informed that ………………… (hereinafter called the “Principal”) is your

contractor under such Contract and wishes to receive an advanced payment, for

which the Contract requires him to obtain a guarantee.

At the request of the Principal, we (name of bank) ………………………… hereby

irrevocably undertake to pay you, the Beneficiary/Employer, any sum or sums not

exceeding in total the amount of …………………………… (the “guaranteed”, say………)

upon receipt from us of your demand in writing and your written statement stating:

(a) that the Principal has failed to repay the advance payment in accordance with

the conditions of the Contract, and

(b) the amount which the Principal has failed to repay.

This guarantee shall become effective upon receipt [of the first instalment] of the

advance payment by the Principal. Such guaranteed amount shall be reduced by the

amounts of the advance payment repaid to you, as evidenced by your notices issued

under sub-clause 14.6 of the conditions of the Contract. Following receipt (from the

Principal) of a copy of each purported notice, we shall promptly notify you of the

revised guaranteed amount accordingly.

Any demand for payment must contain your (signature(s) which must be

authenticated by your bankers or notary public. The authenticated demand and

statement must be received by us at this office on or before (the date 70 days after

the expected expiry of the Time for Completion) …………... (the “expiry date”), when

this guarantee shall expire and shall be returned to us.

We have been informed that the Beneficiary may require the Principal to extend this

guarantee if the advance payment has not been repaid by the 28 days prior to such

expiry date. We undertake to pay you such guaranteed amount upon receipt by us,






within such period of 28 days, of your demand in writing and your written statement

that the advance payment has not been repaid and that the guarantee has not been

extended.

This guarantee shall be governed by the laws of ………………… and shall be subject

to the Uniform Rules of Demand Guarantees, published under 758 by the

International Chamber of Commerce, except as stated above

Date ……………………. Signature(s)…………………………………………………..






TYPICAL EXAMPLE OF CESSION AGREEMENT

MEMORANDUM OF AGREEMENT OF CESSION

Made and entered into by and between:

BIDDER

(Herein represented by ………….………….. in his capacity as

…………………………………. and him warranting to be duly authorized hereto)

(Hereinafter referred to as the “CEDENT”)

AND

EMPLOYER

(Herein, represented by Mr. Jerry Beukes in his capacity as Chief Executive Officer

Unit for the Namibia Training Authority and him warranting to be duly authorized

hereto)

(Hereinafter referred to as the “EMPLOYER”)

AND

WHEREAS, the Creditor has awarded a BIDDING REFERENCE NO. W/ONB/NTA -

01/2020: PROJECT: PROJECT: UPGRADING TO OKAKARARA VOCATIONAL

TRAINING CENTRE (VTC) IN OTJOZONDJUPA REGION – PHASE 1: HEATING,

VENTILATION, AIR CONDITIONING AND REFRIGERATION (HVAC-R)

INSTALLATION WORKS,

AND WHEREAS the Cessionary entered into a Contract the Cedent on

the……………………… (date of Contract) to execute portion of the work under the

BIDDING REFERENCE NO. W/ONB/NTA -01/2020: PROJECT: PROJECT:

UPGRADING TO OKAKARARA VOCATIONAL TRAINING CENTRE (VTC) IN

OTJOZONDJUPA REGION – PHASE 1: HEATING, VENTILATION, AIR

CONDITIONING AND REFRIGERATION (HVAC-R) INSTALLATION WORKS

(hereinafter referred to as the “Works”)






AND, WHEREAS the Cedent has agreed to cede a portion of the payment to be

received from the Creditor in terms of the Contract to the Cessionary.






NOW THEREFOR THE PARTIES AGREE AS FOLLOWS:

1. Agreement with Respect to The Existing Contract

The Cedent hereby irrevocably agrees that this cession shall be an addendum to

the Contract between the Creditor and the Cedent.

In addition, the Cedent hereby irrevocably agrees that the payments to be ceded

shall be for works carried out under the current Contract as well as monies owed

with respect to the works already carried out by the Cessionary.

2. Cession

The Cedent hereby irrevocably cedes and transfers to the Cessionary all the rights,

title and interest from payments, due to them to be received from the Creditor in

terms of the Contract, to the Cessionary in respect of Work carried out under the

Contract (in accordance with the sub-Contract agreement between the Cedent and

the Cessionary).

3. Authority

The Cedent hereby irrevocably authorizes the Creditor to make portion of payment

due to the Cessionary of each progress payment due to them, in terms of the

Contract to the cessionary, during agreed Contract period.

4. Undertaking by Creditor

The Creditor undertakes to make the payments stipulated in Clause 3 to the

Cessionary on behalf of the Cedent if such payments are due to the Cedent by the

Creditor.

5. The Cessionary hereby accepts the said Cession and Authority.

6. The Creditor agrees to the said Cession and Authority.

7. This Cession is to be interpreted and construed according to the Laws of the

Republic of Namibia.

8. The Parties hereto choose as domicilim citandi et executandi for purposes of this

Agreement at the undermentioned addresses:






Cedent Physical Address: ………………………………………….

Postal Address: ………………………………………….

Contact Details: ………………………………………….

Attention: ………………………………………….

Creditor Physical Address: ………………………………………….

Postal Address: ………………………………………….

Contact Details: ………………………………………….

Attention: ………………………………………….

THUS DONE AND SIGNED AT …………………………………… ON THIS …………………

DAY

OF ………………………………….. 20…..….

AS WITNESSES:

1. _____________________________

2. _____________________________ ________________________________

CEDENT (BIDDER)

AS WITNESSES:

1. _____________________________

2. _____________________________ ________________________________ EMPLOYER