Objectives

The primary objective of this tender is to establish a framework contract for the provision of independent, impartial, and experienced adjudicators and arbitrators in the built environment. These professionals will serve the Transnet National Ports Authority (TNPA) on an "as-and-when" basis to facilitate dispute resolution in accordance with NEC3 and FIDIC forms of contracts. The framework aims to enhance the efficiency and fairness of dispute resolution processes, minimize project delays, and protect the rights and interests of the parties involved.

Scope

The scope encompasses:

• Creation of separate frameworks for Adjudicators and Arbitrators, each with a minimum of three and a maximum of fifteen (or more, if justified) qualified professionals.
• Provision of services across all ports managed by TNPA, covering dispute resolution in construction, research, development, intellectual property, commercial agreements, shareholder agreements, and other areas outside traditional construction projects.
• Appointment of adjudicators/arbitrators on a Task Order basis, with the possibility of establishing ad-hoc or standing panels for specific projects or portfolios.
• Use of NEC3 Contract Options (E: Activity Schedule, G: Time-based, or other as appropriate) for service delivery.
• Adherence to the NEC3 and FIDIC dispute resolution procedures, including appointment, conduct, and management of adjudicators/arbitrators.
• Provision for replacement or substitution of adjudicators/arbitrators, and procedures for handling conflicts of interest and misconduct.
• Framework validity period of 36 months, with options for renewal or extension based on performance and project needs.

Technical Requirements

The technical requirements include:

• Qualification and experience criteria:
  • Adjudicators: Minimum 15 years post-registration experience, at least 8 years in adjudicating NEC3, FIDIC, GCC, or JBCC contracts, with a minimum of 8 adjudication processes.
  • Arbitrators: Minimum 20 years post-registration experience, at least 10 years in arbitrating NEC3, FIDIC, GCC, or JBCC contracts, with a minimum of 3 arbitration processes concluded.
• Professional registration with recognized South African built environment councils (e.g., ECSA, SACAP, SACQSP, SAICE, CIDB).
• Academic qualifications:
  • NQF Level 8 qualification in the built environment (e.g., Engineering, Architecture, Quantity Surveying).
  • Postgraduate qualifications in Mediation, Adjudication, or Arbitration.
• Submission of detailed CVs, proof of registration, and evidence of relevant arbitration/adjudication experience.
• Compliance with confidentiality, conflict of interest, and anti-corruption policies, including signing of Non-Disclosure Agreements and Integrity Pacts.
• Adherence to the specified evaluation criteria, including responsiveness, eligibility, technical competence, and preference points for specific goals such as B-BBEE status.
• Use of the electronic tender submission portal for bid submission, with a maximum upload size of 30MB per upload, and submission at least one day before the deadline.
• Provision of insurance cover, including professional indemnity and third-party liability, with specified minimum amounts.
• Compliance with health and safety regulations, and the ability to respond to secondary procurement requests within stipulated timeframes.