For purposes of this standard, the following definitions apply:
| 3.1 |
black people means Africans, Coloureds and Indians - |
| (a) |
who are citizens of the Republic of South Africa by birth or descent; or |
| (b) |
who became citizens of the Republic of South Africa by naturalisation - |
| (i) |
before 27 April 1994; or |
| (ii) |
on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation prior to that date. |
| 3.2 |
capability means the abilities necessary to perform at the required level; |
| 3.3 |
capacity means the resources (human capital, financial, physical assets, systems, procedures) which a tenderer puts at the disposal of the project to select, fund and execute the work; |
| 3.4 |
conflict of interest means any situation in which someone in a position of trust has competing professional or personal interests which make it difficult for him to fulfill his duties impartially, an individual or the tenderer is in a position to exploit a professional or official capacity in some way for his personal or for corporate benefit, or incompatibility or contradictory interests exist between an employee and the tenderer who employs that employee; |
| 3.5 |
contracting strategy means strategy that defines the nature of the relationship which the employer wishes to foster with the contractor, which in turn determines the risks and responsibilities between the parties to the contract and the methodology by which the contractor is to be paid; |
| 3.6 |
contract data means document that identifies the applicable conditions of a contract and states the associated contract-specific data; |
| 3.7 |
design and build means contract in which a contractor designs a project based on a brief provided by the employer and constructs it; |
| 3.8 |
develop and construct means contract based on a scheme design prepared by the employer under which a contractor produces drawings and constructs it; |
| 3.9 |
design by employer means contract under which a contractor undertakes only construction based on full designs issued by the employer; |
| 3.10 |
employer means an organ of state entering into a contract with a contractor for the provision of engineering and construction works; |
| 3.11 |
expression of interest means a request for respondents to register their interest in undertaking a specific contract or to participate in a project or programme and to submit their credentials, so they may, in terms of the employer's procurement procedures, be invited to submit a tender offer should they qualify or be selected to do so; |
| 3.12 |
financial offer means the cost of the procurement in monetary terms; |
| 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; |
| 3.21 |
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; |
| 3.30 |
tender notice means a formal communication to tenderers to submit competitive tenders; |
| 3.31 |
tender offer means a written offer to carry out engineering and construction works under given conditions, usually at a stated price, and which is capable of acceptance and conversion into a binding contract; |
| 3.32 |
threshold means a monetary value of a procurement contract established in any legislation governing procurement or by the executive of an institution, below which a procedure must be used. |
Statistics Act, 1999
