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National Gazette No. 42622, 08 August 2019, Vol 650, Page 83

20190808 - National Gazette No 42622 of 08-August-2019, Volume 650, page 83

Page	83 of 120
Gazette	National Gazettes, No 42622, from 08 August, 2019
Department	Public Works
Notice	Page No. 5 of 38, Notice No. 423, Construction Industry Development Board (38/2000) » Standard for uniformity in engineering and construction works contracts » August 2019

STAATSKOERANT, 8 AUGUSTUS 2019                       No. 42622    83

3.13   form of offer and acceptance means the documents that formalize the legal process of offer
                     and acceptance;

3.14   functionality means the ability of a tenderer to provide engineering and construction works in
                     accordance with specifications as set out in the tender documents;

3.15   invitation to tender  means formal  invitation  to qualified  tenderers  to make a  written offer  for
                     construction works;

3.16   list  of  returnable documents  means  document that lists everything the employer  requires  a
                     tenderer to include with the tender submission;

3.17   management contractor means contract under which a contractor provides consultation during
                     the design  stage  and is responsible  for planning and managing all post contract activities  for
                     contractors and the performance of the whole contract;

3.18   notice and  invitation to  submit an expression  of  interest  means the  document  that  alerts
                     respondents to submit their credentials in order to be admitted to an electronic database or to be
                     invited to submit tenders should they satisfy the stated criteria;

3.19   potentially  emerging enterprise  means  an enterprise  which  is least 50 percent  owned,
                     managed and controlled by black people;

3.20   preference means points awarded for Broad-Based Black Economic Empowerment (B-BBEE)
                     status level of contribution;

3.21   pricing assumptions means the document that provides the criteria and assumptions which are
                     assumed in  the contract and  which  the tenderer has taken into  account when developing his
                     prices, or target in the case of target cost contracts;

3.22   quality means totality of features and characteristics of a product or service that bears on the
                     ability of the product or service to satisfy stated or implied needs;

3.23   scope  of work  means the  documentation that specifies  and  describes the engineering and
                     construction works which are to be provided and any other requirements and constraints relating
                     to the manner in which the contract work is to be performed;

3.24   services contract means the contract for the provision of labour or work, including knowledge-
                     based expertise, carried out by hand, or with the assistance of equipment and plant;

3.25   site information means the document that describes the site as at the time of tender, to enable
                     the tenderer to price tender and to decide upon the method of working and programming;

3.26   submission data means document that establishes the respondent's obligations in responding
                     to  a  call  for an expression of interest and  the employer's undertakings in administering  the
                     process of calling for and receiving expressions of interest;

3.27   term contract means a contract that enables the employer to order work during a prescribed
                     period at agreed rate;

3.28   tender data  means the  document that  establishes  the  tenderer's obligations  in submitting  a
                     tender and the employer's  undertakings in  administering  the tender  process  and  evaluating
                     tender offers;

3.29   tenderer means a cidb registered sole proprietor, partnership or trust who establishes a company or
                     close corporation in terms of the Companies Act, 1973 or the Close Corporations Act, 1984; submitting a
                     tender offer;

CIDB SFU: Page | 5

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