Appendix 2

PRO FORMA

CONTRACT DATA

Please note that the words in italics are guidance notes and do not form part of the Contract Data.

CONTRACT DATA FOR...................................................................... The title of the Works

PART 1: DATA PROVIDED BY THE EMPLOYER

CONDITIONS OF CONTRACT

The General Conditions of Contract for Construction Works (Short Form) First Edition (2018)
available from the South African Institution of Civil Engineering, Private Bag X200, Halfway
House, 1685, is applicable to this Contract and is obtainable from www.saice.org.za.

CONTRACT SPECIFIC DATA

The following contract specific data, referring to the General Conditions of Contract for
Construction Works (Short Form) First Edition (2018), are applicable to this Contract:

Please also refer to the Guide to the General Conditions of Contract (2015) published by
SAICE, for detailed guidance on the Clauses requiring Contract Data.

Compulsory Data

Clause 1.1.1.13:

The Defects Liability Period is ... A time measured from the date of the Certificate of
Completion. If there is no Defects Liability Period required, for instance for maintenance
contracts, then state “Not required”.

Clause 1.1.1.14:

(Omit if the Contractor is to state the time for achieving Completion).

The time for achieving Completion is … A time measured from the Commencement Date
preferably in non-fragmented calendar time measurement units such as days or weeks but
not months or years.

Or, if Completion in portions is required:

Clause 5.14.4:

The times for achieving Completion for the portions set out in the Site Information are:
For Portion 1: Within …

For Portion 2: Within …

followed by further portions as required.

The time for achieving completion for the whole of the works is …

Clause 1.1.1.15:

The name of the Employer is ... The legal name of the Employer.

Clause 1.2.1.2:

The address of the Employer is ... The physical address, postal address, e-mail address
and/or fax number where the Employer will receive notices.

Clause 1.1.1.16:

The name of the Employer’s Agent is ... The legal name of the Employer’s Agent.

Clause 1.2.1.2:

The address of the Employer’s Agent is ... The physical address, postal address, e-mail
address and/or fax number where the Employer’s Agent will receive notices.

Clause 1.1.1.24:

The Pricing Strategy is … Either Re-measurement Contract or Fixed Price Contract.

Clauses 1.1.1.12. and 5.8.1:

The non-working days are……Usually Saturdays and Sundays

The special non-working days are:

1. Usually the public holidays or a selection of the public holidays, for example certain
religious holidays.
2. The year-end break as made known by the South African Forum of Civil Engineering
Contractors (SAFCEC)

Clause 5.3.1:

The documentation required before commencement with the Works are:

Health and Safety Plan (Refer to Clause 4.3)

Initial programme (Refer to Clause 5.6)

Security (Refer to Clause 6.2)

… Other requirements with reference to an applicable clause in the Contract.

Clause 5.3.1:

The time to submit the documentation required before commencement of the Works is …..
days. A reasonable time is 20 days.

Clause 5.13.1:

The penalty for failing to complete the Works is .........per calendar day a monetary value
per calendar day, or, if Completion in portions apply:

The penalty for failing to complete a portion of the Works as set out in the Site Information is,
for:

Portion 1: ........................... per calendar day

Portion 2: ........................... per calendar day

followed by further portions as required.

The penalty for failing to complete the whole of the Works is ........................... per calendar
day.

Clause 5.16.2:

The latent defect period is … Usually 10 years for civil engineering works, 5 years for
building works, but shorter for certain electrical and mechanical engineering works.

Clause 6.10.1:

The percentage advance on materials not yet built into the Permanent Works is ... A
percentage.

Clause 6.10.3:

The limit of retention money is ... A monetary value usually decided in conjunction with the
security to be provided in terms of Clause 6.2.1. For financially stronger contractors the
liability for the performance guarantee is usually a higher percentage with the limit of
retention money at a lower amount.

Clause 8.6.1.3:

The limit of indemnity for liability insurance is ... Monetary value.

Clause 10.5.3:

The number of Adjudication Board Members to be appointed is … Either one or three.

Clause 5.4.1:
If the access and possession of the Site is not exclusive to the Contractor then:
The access and possession of Site shall not be exclusive to the Contractor, but as set out in
the Site Information.
Clause 6.8.2:
If the value of payment certificates is to be adjusted by a Contract Price Adjustment Factor
then:
The value of the certificates issued shall be adjusted in accordance with the Contract Price
Adjustment Schedule with the following values:
If the value of x is not 0.1 then:
The value of “x” is ... the portion, expressed as a decimal of unity, not subject to adjustment.
The values of the coefficients are:
a = ... Labour
b = ... Contractor’s equipment
c = ... Material
d = ... Fuel
Please note that the total of all the coefficients shall equal 1.0.

The indices for L, P, M and F are the following as published by Statistics South Africa). If the
indices are published by a different organisation, for example SEIFSA, then delete “Statistics
South Africa” and replace by the applicable publishing organisation).

1. “L” is the “Labour Index” and shall be the ….. Give the name of the relevant labour
index and as published in the … Give the name of the statistical publication where the
index can be found.
2. “P” is the “Contractor’s Equipment Index” and shall be the … Give the name of the
relevant Contractor’s Equipment index and as published in the … Give the name of
the statistical publication where the index can be found.
3. “M” is the “Materials Index” and shall be the …. Give the name of the relevant
materials index and as published in the … Give the name of the statistical publication
where the index can be found.
4. “F” is the “Fuel index” and shall be the …. Give the name of the relevant fuel index and
as published in the … Give the name of the statistical publication where the index can
be found.

The base month is … month and year prior to the closing of the tender.
Clause 6.8.3:
If price adjustments for variations in the costs of special materials are allowed then:
Price adjustments for variations in the costs of special materials are allowed.
Clause 8.6.1.4:
If ground support insurance is required then:
The Contractor shall effect and maintain ground support insurance as set out in the Scope of
Work.
Clause 8.6.1.5:
If additional insurance is required then:
In addition to the insurances required in terms of the General Conditions of Contract (Short
Form) Clauses 8.6.1.1 to 8.6.1.4 the following insurance is also required ... The
requirements and/or details of the additional insurance.
Clause 10.5.1:
If the preferred method of dispute resolution is by standing adjudication instead of ad-hoc
adjudication, then:
Dispute resolution shall be by standing adjudication.
Clause 10.7.1:
If the preferred method for the determination of disputes is arbitration instead of litigation
then:
The determination of disputes shall be by arbitration.
PART 2: DATA PROVIDED BY THE CONTRACTOR

Clause 1.1.1.9:
The name of the Contractor is ... The legal name of the Contractor.
Clause 1.2.1.2:
The address of the Contractor is ... The physical address, postal address, e-mail address
and/or fax number where the Contractor will receive notices.
Clause 1.1.1.14:
(Omit if the Employer is to state the time for achieving Completion).
The time for achieving Completion is ... A time measured from the Commencement Date.
Clause 6.2.1:
The security to be provided by the Contractor shall be one of the following:
Type of security Contractor’s choice.
(Indicate if Value Added Tax is excluded from the Contract Sum Indicate "Yes" or
and the value of the Works for calculating the percentages) "No"
Cash deposit of …% of the Contract Sum.
Fixed Performance guarantee of … % of the Contract Sum.
Variable Performance Guarantee of … % of the Contract Sum for
the first period and … % of the Contract Sum for the second
period.
Retention of …% of the value of the Works.
Cash deposit of …% of the Contract Sum plus retention of …% of
the value of the Works.
Fixed Performance guarantee of …% of the Contract Sum plus
retention of …% of the value of the Works.
Variable Performance Guarantee of … % of the Contract Sum for
the first period and … % of the Contract Sum for the second
period plus retention of … % of the value of the Works.

Note: In the CIDB Standard for Uniformity in Construction Procurement in section 4.4.4.4 it
is stated that: "Retention monies that are held shall not exceed 10% of any amount due to a
contractor. Where guarantees of an insurance company or bank that are provided are equal
to or greater than 10% of the contract price, the total amount of retention monies held shall
not exceed 5% of the contract price."

Clause 6.8.3:

If price adjustments for a variation in the costs of special materials is allowed then:
The variation in cost of special materials is

Type of special material Unit Rate or price

(The type of special materials may be listed, leaving the unit and rate or price to the
tenderers to fill in or the tenderers are allowed to state the type of special materials, the unit
and the rate or price.)