Appendix 1

General Conditions of Contract for Construction Works, Third Edition (2015)

PRO FORMA
FORM OF OFFER AND ACCEPTANCE

(Agreement)

Offer

The Employer, identified in the Acceptance signature block, has solicited offers to enter
into a contract in respect of the following works:
………………………………………………………………………………………………………
The Tenderer, identified in the Offer signature block below, has examined the documents
listed in the Tender Data and addenda thereto as listed in the Tender Schedules, and by
submitting this Offer has accepted the Conditions of Tender.

By the representative of the Tenderer, deemed to be duly authorised, signing this part of
this Form of Offer and Acceptance, the Tenderer offers to perform all of the obligations
and liabilities of the Contractor under the Contract including compliance with all its terms
and conditions according to their true intent and meaning for an amount to be
determined in accordance with the Conditions of Contract identified in the Contract Data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS

…………………………………………………………………………………………………….
…………………………Rand (in words); R…………………………………… (in figures).
This Offer may be accepted by the Employer by signing the Acceptance part of this Form
of Offer and Acceptance and returning one copy of this document to the Tenderer before
the end of the period of validity stated in the Tender Data, whereupon the Tenderer
becomes the party named as the Contractor in the Conditions of Contract identified in
the Contract Data.

For the Tenderer:

Signature: ………………………………………………………..

Name: ………………………………………………………..

Capacity: ………………………………………………………..
Name and address of organisation:

…………………………………………………………

…………………………………………………………

…………………………………………………………

Signature and name of witness:

Signature: ………………………………………………………….

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

Acceptance

By signing this part of this Form of Offer and Acceptance, the Employer identified below
accepts the Tenderer’s Offer. In consideration thereof, the Employer shall pay the
Contractor the amount due in accordance with the Conditions of Contract identified in the
Contract Data. Acceptance of the Tenderer’s Offer shall form an agreement between the
Employer and the Tenderer upon the terms and conditions contained in this Agreement
and in the Contract that is the subject of this Agreement.

The terms of the contract, are contained in

Part 1 Agreements and Contract Data, (which includes this Agreement)
Part 2 Pricing Data
Part 3 Scope of Work
Part 4 Site Information
and drawings and documents or parts thereof, which may be incorporated by reference
into Parts 1 to 4 above.

Deviations from and amendments to the documents listed in the Tender Data and any
addenda thereto listed in the Tender Schedules as well as any changes to the terms of
the Offer agreed by the Tenderer and the Employer during this process of offer and
acceptance, are contained in the Schedule of Deviations attached to and forming part of
this Agreement. No amendments to or deviations from said documents are valid unless
contained in this Schedule, which must be duly signed by the authorised
representative(s) of both parties.
The Tenderer shall within two weeks after receiving a completed copy of this Agreement,
including the Schedule of Deviations (if any), contact the Employer’s agent (whose
details are given in the Contract Data) to arrange the delivery of any bonds, guarantees,
proof of insurance and any other documentation to be provided in terms of the
Conditions of Contract identified in the Contract Data at, or just after, the date this
Agreement comes into effect. Failure to fulfil any of these obligations in accordance with
those terms shall constitute a repudiation of this Agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the
date when the Tenderer receives one fully completed original copy of this document,
including the Schedule of Deviations (if any). Unless the Tenderer (now Contractor) within
five days of the date of such receipt notifies the Employer in writing of any reason why
he cannot accept the contents of this Agreement, this Agreement shall constitute a
binding contract between the parties.

For the Employer:

Signature: ……………………………………………………….

Name: ……………………………………………………….

Capacity: ……………………………………………………….

Name and address of organisation:

…………………………………………………………

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

Signature and name of witness:

Signature: ………………………………………………………….

Name: ………………………………………………………….

Date: ………………………………………………………….
Schedule of Deviations

Notes:
1. The extent of deviations from the tender documents issued by the
Employer prior to the tender closing date is limited to those permitted in
terms of the Conditions of Tender.
2. A Tenderer’s covering letter shall not be included in the final contract
document. Should any matter in such letter, which constitutes a deviation
as aforesaid become the subject of agreements reached during the process
of offer and acceptance, the outcome of such agreement shall be recorded
here.
3. Any other matter arising from the process of offer and acceptance either as
a confirmation, clarification or change to the tender documents and which
it is agreed by the Parties becomes an obligation of the contract shall also
be recorded here.
4. Any change or addition to the tender documents arising from the above
agreements and recorded here, shall also be incorporated into the final
draft of the Contract.

1 Subject
.......................................................................................................
Details ……………………………………………………………………………

2 Subject ..…………………………………………………………………………
Details ……………………………………………………………………………

By the duly authorised representatives signing this Schedule of Deviations, the Employer
and the Tenderer agree to and accept the foregoing Schedule of Deviations as the only
deviations from and amendments to the documents listed in the Tender Data and
addenda thereto as listed in the Tender Schedules, as well as any confirmation,
clarification or change to the terms of the offer agreed by the Tenderer and the Employer
during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or

implied during the period between the issue of the tender documents and the receipt by
the Tenderer of a completed signed copy of this Agreement shall have any meaning or
effect in the contract between the parties arising from this Agreement.
For the Tenderer: For the Employer:

……………………………………… Signature …………………………………………

……………………………………… Name …………………………………………

……………………………………… Capacity …………………………………………

Name and address of organisation: Name and address of

organisation:

……………………………………… ………………………………………….

……………………………………… ………………………………………….

……………………………………… ………………………………………….

…………………………………….. Witness signature

………………………………………….

……………………………………… Witness name ………………………………………….

……………………………............... Date
………………………………………….
 CONFIRMATION OF RECEIPT

The Tenderer, (now Contractor), identified in the Offer part of this Agreement hereby
confirms receipt from the Employer, identified in the Acceptance part of this Agreement,
of one fully completed original copy of this Agreement, including the Schedule of
Deviations (if any) today:

the …………………………… (day)

of ……………………………. (month)

20….. (year)

at ……………………………… (place)

For the Contractor:

Signature: ……………………………………………………….

Name: ……………………………………………………….

Capacity: ……………………………………………………….

Signature and name of witness:

Signature: ………………………………………………………….

Name: …………………………………………………………..