bid document number: ps034 of 2021 tender for the

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GEORGE MUNICIPALITY

BID DOCUMENT NUMBER: PS034 OF 2021

TENDER FOR THE APPOINTMENT OF A SPECIALIST GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICE PROVIDER, FOR A

PERIOD OF THREE YEARS FROM DATE OF APPOINTMENT

ENQUIRIES: Mr James Robb ISSUED BY: GIPTN Management Unit THE CITY COUNCIL GEORGE [email protected] MUNICIPALITY OF GEORGE (044) 801 9493 P O BOX 19.

GEORGE 6530

SUMMARY FOR TENDER OPENING PURPOSES – ENVELOPE 1

NAME OF BIDDER: …………………………………………………..……………………………………

SUPPLIER DATABASE NO.: MAAA …………….……………………….

TENDER ENVELOPE 1 cannot include any pricing information relating to the tender price, as this is included in Envelope 2. Should such information be

found included in Envelope 1 the tender will be disqualified.

TENDER CLOSES AT 12H00 ON FRIDAY, 15 OCTOBER 2021

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INDEX

DESCRIPTION PAGE

NUMBERS

ENVELOPE 1

Bidder Contact Details 4

Advertisement 5-6

Invitation to Bid 7-8

1. Tender Specifications 9-17

Tender Returnable Document Checklist 18

Details of Tenderer 19

Details of Tendering Entity’s Bank 20

Resolution taken by the Board of Directors / Members / Partners 21

Resolution taken by the Board of Directors of a Consortium or Joint Venture 22-23

Joint Venture Information / Agreement 24

Past Experience 25

MBD1 – Tax Compliance Information 26-27

MBD4 – Declaration of Interest 28-31

MBD5 – Declaration for Procurement above R10 million 32-33

MBD8 – Declaration of Bidder’s Past Supply Chain Management Practices 34-35

MBD9 – Certificate of Independent Bid Determination 36-38

Certificate for Municipal Services 39

Additional Tender Returnable Document 1 – Company background, history, activities, staff and current project capacity.

40

Additional Tender Returnable Document 2 – CPG Plan and Schedule of Services to be Subcontracted

41-42

Additional Tender Returnable Document 3 – Detailed Workplan 43

Additional Tender Returnable Document 4 – Staff to be used on project and their experience – include Curriculum Vitae for Facilities Manager and Supervisor(s)

44

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Additional Tender Returnable Document 5 – Training and Development Plan

45

Additional Tender Returnable Document 6 – Declaration regarding Public Liability Insurance cover

46

Additional Tender Returnable Document 7 – Statement of Equipment and Vehicles owned by tenderer and to be made available for the contract.

47

Additional Tender Returnable Document 8 – Proof of location of local base (ownership, or rental lease, or rental lease option)

48

2. General Conditions of Contract 49-60

3. Special Conditions of Contract 61-65

4. Scope of Work 66-100

ENVELOPE 2

5. Pricing Schedule – Bill of Quantities 101-107

6. The Tender Offer and Acceptance 108-110

MBD6.1 – Preference Points Claim form 111-115

MBD6.1(a) - Sworn affidavit 116

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BIDDER CONTACT DETAILS

This information shall be used for any correspondence or contact with the bidder. Please indicate whether you want to receive any correspondence via e-mail or send to your postal address by registered mail.

Name of Bidding Company: ....................................................................

Mark choice of correspondence with X

Postal Address:

.............................................................................................. .............................................................................................. .............................................................................................. .................................................. Postal Code: ....................

E-mail Address:

..............................................................................................

Telephone Number:

..............................................................................................

Cellular Number:

..............................................................................................

Facsimile Number:

..............................................................................................

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GEORGE MUNICIPALITY / GEORGE MUNISIPALITEIT TENDER NUMBER PS034/2021/ NOMMER: PS034/2021

Tenders are hereby invited for the: APPOINTMENT OF A SPECIALIST GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICE PROVIDER FOR A PERIOD OF THREE YEARS FROM DATE OF APPOINTMENT Completed tenders in a sealed envelope, clearly marked: Tender No.PS034/2021 must be placed in the tender box at the George Municipality on the First Floor, Directorate: Financial Services, Supply Chain Management, York Street, George by no later than 12:00 on Friday, 15 October 2021. Tenders will be opened on the same day in the Committee Room at 12:05. Late or unmarked tenders will not be considered. No posted tenders or tenders per fax or e-mail will be accepted. Tender documents will be available from Friday 10 September 2021 at a non-refundable deposit of R236-00 each from the Supply Chain Management Unit, First Floor, Civic Centre, York Street, George. Tender documents will be available from Friday 10 September 2021 on the George Municipality’s website: www.george.gov.za, free of charge. Attendance at the Tender Briefing meeting is compulsory. Interested tenderers are to register per e-mail with Mr Samuel Bowkers at [email protected] by 14h00 the day before the meeting in order to receive an invitation. The meeting will be held as follows:

10h00 on 23 September 2021 via Microsoft Teams.

If tenderers do not register for attendance before 14h00 the day before the Tender Briefing Meeting, then the tenderer will not be able to attend the briefing. Failure to attend the compulsory Tender Briefing Meeting will invalidate your tender. Tenders will be evaluated and awarded as follows: Stage 1: Pre-Qualification Only tenders scoring a minimum of 70 out of 100 points in stage 1 will be further considered for evaluation in stage 2. Stage 2: Tenders will be evaluated and adjudication in terms of the Preferential Procurement Policy Framework Act (Act 5 of 2000) Regulations 2017 and the George Municipality’s Supply Chain Management Policy, where 80 points will be scored for price and 20 points for B-BBEE status. It is a requirement of this project that the successful

Tenders word hiermee ingewag vir die: AANSTELLING VAN ’N GIPTN SPESIALIS-FASILITEITSBESTUUR EN SEKURITEITS DIENSVERSKAFFER, VIR N TYDPERK VAN DRIE (3) JAAR VANAF AANSTELLING Voltooide tenders in ‘n verseëlde koevert, duidelik gemerk: Tender Nr. PS034/2021 moet voor Vrydag, 15 Oktober 2021 om 12:00 in die tender bus by die George Munisipaliteit op die Eerste Vloer, Direktoraat: Finansiële Dienste, Voorsieningskanaal Bestuurseenheid, Burgersentrum, Yorkstraat, George geplaas word. Tenders sal om 12:05 dieselfde dag in die Komiteekamer oopgemaak word. Laat of ongemerkte tenders sal nie oorweeg word nie. Geen tenders per pos, faks of e-pos sal aanvaar word nie. Tender dokumente sal verkrygbaar vanaf Vrydag 10 September 2021 wees teen ‘n R236-00 nie-terugbetaalbare deposito elk by die Voorsieningskanaalbestuur Eenheid op die Eerste Vloer, Burgersentrum, Yorkstraat, George. Tender dokumente sal gratis verkrygbaar vanaf Vrydag 10 September 2021 wees, op die George Munisipaliteit se webblad beskikbaar: www.george.gov.za. Die bywoning van een van die twee tenderbriefvergaderings is verpligtend. Belangstellendes moet die dag voor die vergadering om 14:00 per e-pos by mnr. Samuel Bowkers registreer by [email protected] om 'n uitnodiging te ontvang. Die vergadering sal soos volg gehou word:

10h00 op 23 September 2021, met Microsoft Teams.

Indien die tenderaars nie die dag voor die tenderbriefvergadering voor 14:00 registreer nie, kan die tenderaar nie die inligtingsessie bywoon nie. As u nie die verpligte inligtingsvergaderings bywoon nie, word u tender ongeldig. Tenders sal as volg ge-evalueer en toegeken word: Fase 1: Voorafbepaalde kriteria Slegs tenderaars wat ‘n minimum van 70 uit 100 punte behaal in fase 1, sal verder vir evaluasie in fase 2 oorweeg word . Fase 2:Tenders sal ge-evalueer en toegeken word in terme van die Wet op die Raamwerk vir Voorkeurverkrygingsbeleid (Wet 5 van 2000) Regulasies 2017, asook George Munisipaliteit se Voorsieningskanaalbestuursbeleid, waar 80 punte ten opsigte van die prys en 20 punte ten opsigte van B-BBEE status toegeken sal word. Dit is ‘n vereiste van hierdie projek dat die suksesvolle

http://www.george.gov.za/

http://www.george.gov.za/

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tenderer subcontract a minimum of thirty percent (30%) of the work by the end of the contract to Targeted Enterprise(s) as defined in claise 1.7 of the Special Contract Conditions, and provide the subcontractor with the specified training in terms of the tender. All security guards or persons providing guarding services in terms of the contract need to be employed by an organisation registered with PSIRA. Proof of registration will be required. For more information, contact Mr James Robb at (044) 801 9493. The Municipality reserves the right to withdraw any invitation to tender and/or to readvertise or to reject any tender or to accept a part of it. The Municipality is not bound to accept the lowest or any tender. A TCS PIN for bidders’ tax compliance information must be submitted with the tender document. It will be required from the successful bidder to register on the Central Supplier Database (CSD). DR M GRATZ ACTING MUNICIPAL MANAGER GEORGE MUNICIPALITY GEORGE 6530

tenderaar ‘n minimum van dertig persent (30%) van die werk aan die einde van die kontrak aan Geteikende Ondernemings, soos omskryf in klousule 1.7 van die spesiale kontrakvoorwaardes, en voorsien die subkontrakteur met gespesifiseerde opleiding in terme van die tender. Alle veiligheidswagte of persone wat waakdienste ingevolge die kontrak lewer, moet in diens wees van 'n organisasie wat by PSIRA geregistreer is. Bewys van registrasie sal vereis word. Vir verdere inligting, kontak Mnr James Robb, by (044) 801 9493. Die Munisipaliteit behou die reg voor om enige versoek vir ‘n tender terug te trek en/of te her-adverteer of enige tender te verwerp of gedeeltelik te aanvaar. Die Munisipaliteit is nie daartoe gebind om die laagste of enige tender te aanvaar nie. ‘n “TCS PIN” vir tenderaars se belasting nakoming inligting moet ingesluit wees by die tender dokument. Dit sal van die suksesvolle tenderaar verwag word om op die Sentrale Verskaffersdatabasis (SVD) te registreer. DR M GRATZ WAARNEMENDE MUNISIPALE BESTUURDER GEORGE MUNISIPALITEIT GEORGE 6530

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INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR THE APPOINTMENT OF A SPECIALIST GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICE PROVIDER, FOR A PERIOD OF THREE YEARS FROM DATE OF APPOINTMENT.

BID NUMBER: PS034/2021

COMPULSORY SITE MEETING: 10h00 on 23 September 2021 via Microsoft

Teams, register per e-mail with Mr Samuel Bowkers at [email protected] by 14h00 the day before the meeting in order to receive an invitation.

CLOSING DATE: 15 October 2021 CLOSING TIME: 12h00 LOCATION OF TENDER BOX: Tender Box at the George Municipality, on the

First Floor, Directorate: Financial Services, Supply Chain Management Unit, Civic Centre, York Street, George.

BID DOCUMENTS MUST BE DEPOSITED IN TWO SEPARATE ENVELOPES, CLEARLY MARKED AS PRESCRIBED, AT THE TENDER BOX SITUATED AT:

Supply Chain Management Unit The Civic Centre (1st Floor) York Street GEORGE

The two separate envelopes are to be sealed and clearly marked as follows:

ENVELOPE 1 - TECHNICAL PROPOSAL

George Municipality Bid: PS034/2021

GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICES NAME OF BIDDER: ……………………… CONTACT DETAILS: ……………………. SUPPLIER DATABASE NO.: MAAA …. (All tender documents except pricing and BBBEE scoring information included) A flash drive with an electronic copy of the Envelope 1 submission is to be included.

ENVELOPE 2 - FINANCIAL PROPOSAL

George Municipality Bid: PS034/2021

GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICES NAME OF BIDDER: ……………………… CONTACT DETAILS: ……………………. SUPPLIER DATABASE NO.: MAAA …. (Pricing and BBBEE scoring information included) Hard copy only.

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it will not be accepted for consideration. The bid box is open from 07:45 until 16:30, 5 days a week. Bids must be submitted on the Official Forms (NOT TO BE RE-TYPED). Failure to submit an electronic copy of only Envelope 1 on a flash drive will invalidate the tender.

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B-BBEE certificates submitted with the tender documents MUST be a VALID ORIGINAL B-BBEE CERTIFICATE or VALID CERTIFIED COPY OF THE B-BBEE CERTIFICATE. In the case of a Trust, Consortium or Joint Venture, they will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate. This Bid is subject to the George Municipality General Conditions of Contract (GCC) and, if applicable, any other Special Conditions of Contract.

This Bid will be evaluated and Adjudicated according to the following criteria: 1. Relevant specifications and functionality scoring; 2. Capacity to execute the contract; 3. Value for money; 4. PPPFA Regulations 2017.

NB: NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF

THE STATE, IF THAT PERSON IS NOT A NATURAL PERSON, OF WHICH ANY DIRECTOR, MANAGER, PRINCIPAL SHAREHOLDER OR STAKEHOLDER IS A PERSON IN THE SERVICE OF THE STATE AND WHO IS AN ADVISOR OR CONSULTANT CONTRACTED WITH THE MUNICIPALITY OR MUNICIPAL ENTITY.

“In the service of the state” in the Municipal Supply Chain Management Regulations (published in GN 868 of 30 May 2005 in terms of section 168 of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003) “means to be - (a) a member of—

(i) any municipal council; (ii) any provincial legislature; or (iii) the National Assembly or the National Council of Provinces;

(b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (e) an executive member of the accounting authority of any national or provincial public entity; or ( f ) an employee of Parliament or a provincial legislature;

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1 TENDER SPECIFICATIONS

1.1 TENDER REQUIREMENTS

By submitting a tender each tenderer acknowledges and accepts the tender specifications provided. During the tender process all interested parties are provided opportunity to raise queries and/or concerns in regard to the documentation provided and requested as part of the submission. Tender offers will only be accepted based on the following administrative and functional requirements, as set out below:

1.1.1 Administrative requirements

The Tenderer; • must have in his or her possession an original valid Tax Clearance

Certificate issued by the South African Revenue Services or have made arrangements to meet outstanding tax obligations;

• or any of its directors/shareholders shall not be listed on the Register of Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector;

• shall not have; o abused the Purchaser’s Supply Chain Management System; or o failed to perform on any previous contract and have been given

a written notice to this effect. • shall ensure the offer is signed by a person authorized to sign on behalf

of the Tenderer. • ensure that the Compulsory Enterprise Questionnaire is completed and

that there are no conflicts of interest which may impact on the Tenderer’s ability to perform the Contract in the best interests of the Purchaser or potentially compromise the tender process.

• shall be registered and in good standing with the compensation fund or with a licensed compensation insurer;

• have an Occupational Health and Safety Plan acceptable to the Purchaser, and the necessary competencies and resources to carry out the work safely.

• must submit certified copies of the directors, owners and shareholders identity documents with the tender offer.

• must be registered on the Central Supplier Database, Copies of the registration forms are available on the George Municipality’s website: www.george.org.za

• submitting a tender as a Joint Venture must include an acceptable Joint Venture Agreement with his/her tender or provide a letter of intent to form a Joint Venture signed by all parties.

• shall not be in arrears of more than 30 days with municipal rates and taxes and services charges.

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1.1.2 Functional requirements

The Tenderer: • Must demonstrate the requisite resources, ability and experience in

each of the aspects measured and outlined for functionality scoring.

1.1.3 Other requirements

The Tenderer must: • attend a compulsory clarification meeting, which will be held as follows:

o Date: 23 September 2021 o Starting time: 10h00 o Location: Microsoft Teams meeting, by electronic invitation.

• register per e-mail with Mr Samuel Bowkers at [email protected] by 14h00 the day before the meeting in order to receive an invitation.

• submit Envelope 1 in hard copy with a flash drive that includes a scanned copy of the entire ENVELOPE 1 submission, should a copy of the pricing schedule or offer be included in the flash drive then the tender submission will be disqualified.

• submit Envelope 2 in hard copy only.

1.1.4 Tender Submission

• Tenderers MUST ensure that their “Tenderer’s Contact Details” form is completed.

• Tenderers MUST ensure that their attendance at the compulsory clarification meeting is confirmed by the Municipality.

• No alternative Tender offer will be considered. • Tenderers shall:

o Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

o Return all returnable documents to the Purchaser after completing them in their entirety in non-erasable black ink.

o Corrections may not be made by means of a correction fluid. In the event of a mistake having been made it shall be crossed out in ink and be accompanied by a full signature at each and every alteration. The Municipality reserves the right to reject the Tender if corrections are not made in accordance with the above.

o Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the Purchaser.

o Sign the original and all copies of the tender offer where required in terms of the tender data. The Purchaser will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint venture

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shall state which of the signatories is the lead partner whom the Purchaser shall hold liable for the purpose of the tender offer.

o Note that a two-envelope system will be followed: The first envelope will include the technical proposal and all relevant returnable schedules and annexures except the Tenderer’s pricing schedule, form of Offer and preferencing forms, which shall be in the second envelope.

o Seal the two envelopes as separate packages marking the packages as “Envelope 1 – Technical Proposal” and “Envelope 2 – Financial Proposal”. Each package shall state on the outside the Purchaser’s address and tender identification details as stated in the tender data, as well as the tenderer’s name and contact details (refer to the table below). The time and location for submission of the tender offers is:

12h00 on 15 October 2021; The Tender Box at the George Municipality is on the First Floor, Directorate: Financial Services, Supply Chain Management Unit, Civic Centre, York Street, George.

The tender identification details are: Tender number PS032/2021.

o Accept that the Purchaser will not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated.

o Accept that tender offers submitted by facsimile or e-mail will be rejected by the Purchaser, unless stated otherwise in the tender data.

o Ensure that the Purchaser receives the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery.

Envelope 1 Envelope 2

TECHNICAL PROPOSAL FINANCIAL PROPOSAL

PS034/2021 George Municipality – GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICES

PS034/2021 George Municipality – GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICES

Company name: Company contact details: SUPPLIER DATABASE NO.: MAAA ….

Company name: Company contact details: SUPPLIER DATABASE NO.: MAAA ….

Contents:

Tender Returnable Documents,

excluding those in Envelope 2

All tender sections

Flash drive with an electronic copy

of the entire Envelope 1

submission (no pricing schedule

or Form of Offer)

Contents:

Pricing Schedule – Bills of

Quantities

Form of Offer

Preferential procurement

documentation (including BBBEE

certification)

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1.1.5 Tender validity period

The Tenderer shall allow that the Tender validity period is 180 days from the date of submission.

1.1.6 Contract commencement

The Tenderer notes that contract commencement is proposed for 1 January 2021 or as soon thereafter as contract conclusion permits.

1.1.7 Clarification of tender after submission.

The Tenderer shall: • Provide clarification of a tender offer in response to a request to do so

from the Purchaser during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

1.1.8 Provide other material

The Tenderer shall: • Provide, on request by the Purchaser, any other material that has a

bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), referencing arrangements, or samples of materials, considered necessary by the Purchaser for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the Purchaser’s request, the Purchaser may regard the tender offer as non-responsive.

1.1.9 Certificates

The Tenderer shall: • Include in the tender submission or provide the Purchaser with any

certificates as stated in the tender document.

1.1.10 Compliance with Occupational Health and Safety Act 1993

Tenderers are to note that the requirements of the Occupational Health and Safety (OHS) Act No. 85 of 1993. The tenderer shall be deemed to have read and fully understood the requirements of the above Act and Regulations and to have allowed for all costs in compliance therewith during supply and delivery of all services and materials.

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1.2 EVALUATION OF TENDERS

All tenders received shall be evaluated in accordance with the Municipal Finance Management Act, Act 56 of 2003 (read with its accompanying Supply Chain Management Regulations), the Municipality’s SCM Policies, and the Preferential Procurement Policy Framework Act, Act 5 of 2000 (read with its accompanying regulations).

1.2.1 Invalid Tenders

The Bid Evaluation Committee shall consider the bids received and shall note for inclusion in the evaluation report a tenderer whose tender is considered by the Bid Evaluation Committee to be invalid and eliminated from further evaluation for any of the following reasons:

• the tender, including the tender amount, where applicable, is not submitted on the official Form of Offer

• the tender document is not completed in non-erasable handwritten, or printed, ink or toner;

• the Form of Offer has not been signed with an original signature; • the Form of Offer is signed, but the name of the tenderer is not stated,

or is indecipherable.

1.2.2 Non-Responsive Tenders

Valid tenders will be declared non-responsive and eliminated from further evaluation if, which includes the following, but is not limited to:

• The tenderer has been listed on the National Treasury’s Register for Tender Defaulters in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, or has been listed on the National Treasury’s List of Restricted Suppliers and who is therefore prohibited from doing business with the public sector.

• The tender does not comply with the Specification(s). • The tender does not comply with the instructions as contained in the

Price Schedule. • The tenderer has not achieved the minimum functionality scoring/points

as set out in the tender document (if applicable). • The tenderer is a person, advisor or corporate entity involved with the

Bid Specification Committee or director/member of such a corporate entity and is therefore prohibited from tendering for any resulting contracts.

• The tenderer does not meet the minimum requirements as set out for the Tenderer’s Experience and Expertise.

Tenders will be declared non-responsive if the tenderer fails to adhere to a written request (within the specified period set out in such request) to:

• Comply with the general conditions applicable to tenders as set out in the Municipality’s SCM Policy;

• Comply with one or more of the provisions contained in the Conditions of Tender;

• Comply with any other terms and conditions of the tender as contained in the tender document;

• Complete and/or sign any declarations and/or authorisations; • Register on the Municipality’s Vendor Database;

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• Submit an original and valid tax clearance certificate from the South African Revenue Services (SARS) certifying that the taxes of the tenderer are in order;

• Comply with any applicable Bargaining Council agreements; • Submit details of the Tenderer’s Experience and Expertise and/or Key

Personnel and Qualifications and respond to any requests for further information that are made by Municipality.

1.2.3 Two-Stage Tender Evaluation

A two-stage tender evaluation process will be used. • Stage 1: Functionality criteria

Only Tenderers that are responsive and achieve a minimum qualification score of 70% for their Technical Proposals in Stages 1 will have their Financial Proposal evaluated. The functionality (quality) criteria and weighting are set out in the tender document.

• Stage 2: Price and Preference scoring If the tender is compliant with pre-qualification criteria and has achieved the minimum requirements for Stages 1, the Financial Proposals will be evaluated and adjudicated in terms of the Preferential Procurement Policy Framework Act (Act 5 of 2000) Regulations 2017 and the George Municipality’s Supply Chain Management Policy, where 80 points will be scored for price and 20 points for preference where the tender value is below R50m.

1.2.4 Capacity of Tenderer to undertake specified work

As part of the overall tender evaluation process, the George Municipality reserves the right to:

• Require the Tenderer to provide written evidence that his/her financial, labour and resources are adequate for carrying out the specified work.

• To appoint a firm of chartered accountants and auditors and/or execute any other financial investigations on the financial resources of any Tenderer. The Tenderer shall provide all reasonable assistance in such investigations.

1.2.5 Negotiations with preferred bidders

The Municipal Manager (or his delegated authority) may authorise the negotiation of the final terms of a contract with tenderers identified through a competitive bidding process as preferred tenderer provided that such negotiation:

• does not allow any preferred tenderer a second or unfair opportunity; • is not to the detriment of any other tenderer; and • does not lead to a higher price than the tender as submitted.

Minutes of such negotiations must be kept for record purposes. If negotiations fail to result in acceptable contract terms, the Municipal Manager (or his/her delegated authority) may terminate the negotiations and invite the next ranked tenderer for negotiations. The original preferred

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tenderer should be informed of the reasons for termination of the negotiations. Once negotiations are commenced with the next ranked tenderer, earlier negotiations may not be reopened by the Municipality. At the conclusion of the evaluation, adjudication and award process, the Municipality may conclude an appropriate Service Level Agreement with the successful tenderer.

1.2.6 Functionality Requirements

Pre-qualification Functionality The following criteria will be used to calculate points for the functionality of Tenderers and Tenderers must ensure that they submit all information to be evaluated on the criteria mentioned below:

• Tenderers must ensure that all the information requested is provided, with details.

• Unclear or incomplete information provided will result in no points being allocated.

• Tenderers must submit applicable information for this tender. Reference to any attached documentation must be clearly indicated.

Tender documents should provide the following functionality information:

No. Criteria

Form (if

applicable)

Points

(out of

100)

1. Company credentials and locality 20

1.1 How long has the company been in

business? (Max 15 points)

Not disclosed (0 points)

0-3 years (5 points)



10 years + (15 points)

Additional

Tender

Returnable

Document 1

1.2 Locality (Max 10 points)

Is there an office in George? (5 points)

Is the nearest office in the Garden

Route District? (4 points)

Is the nearest office in the Western

Cape? (3 points)

Is the nearest office in South Africa? (2

points)

Is the nearest office outside South

Africa? (1 point)

Not disclosed (0 points)

Additional

Tender

Returnable

Documents 1

and 8

2. Capacitation and Training 20

2.1 How many core full-time and part-time Additional

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No. Criteria

Form (if

applicable)

Points

(out of

100)

permanent staff are based in the George

area? (Max 5 points)

2 point per full time local staff

1 point per part-time local staff

Tender

Returnable

Documents 1

and 4

2.2 Availability of equipment and vehicles to be

used on the contract (Max 5 points)

Vehicles listed correspond to

requirements in terms of specifications

and Work Plan submitted (3 points).

Equipment listed correspond to

requirements in terms of specifications

and Work Plan submitted (2 points).

Additional

Tender

Returnable

Document 7

2.3 Training and Development Plan (Max 10

points)

Demonstrate commitment to the

development of Guarding personnel as

required (3 points).

Demonstrate commitment to the

development of Targeted Enterprise(s)

as required (3 points).

Outline applicable training content,

training methods and indicate level of

training (2 points).

Provision of clear supervision actions

throughout employment to assess

performance and identify further

training needs (2 points).

Additional

Tender

Returnable

Document 5

3. Relevant experience 35

3.1 Has the company previously worked on

similar projects, providing facilities

management and/or guarding services (Max

15 points)

3 points per similar project

Past

Experience

Form,

including

contactable

references.

3.2 Has the company previously worked for

government? (Max 10 points)

2 points per Municipal project

1 point per other government project

Past

Experience

Form,

including

contactable

references.

3.3 Senior staff experience (Facilities Manager

and Supervisor) (Max 10 points).

Facilities Manager has at least 10

Additional

Tender

Returnable

Document 4

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No. Criteria

Form (if

applicable)

Points

(out of

100)

years of relevant experience in

management of similar services (5

points)

Supervisor has at least 10 years of

relevant experience in supervision of

similar services (5 points)

4. Detailed Workplan 15

4.1 An organisational plan of the project team is

provided, highlighting the Tenderers

reporting structure including the number of

staff to be employed. Including Facilities

Manager, Supervisors, Security Guarding

staff and Cleaning Staff. (5 points)

Additional

Tender

Returnable

Document 3

4.2 A resourcing schedule is provided, outlining

the staffing shift structures to be employed

on aspects of the scope of work requiring 7

days-a-week and/or work that is longer or

outside normal work hours (5 points).

Additional

Tender

Returnable

Document 3

4.3 A reporting plan is provided, listing the

reporting to be submitted in terms of the

specifications (3 points).

Additional

Tender

Returnable

Document 3

4.4 A communications plan is provided, outlining

the means of communication to be used

internally between the staff employed, as well

as to the Purchaser (2 points).

Additional

Tender

Returnable

Document 3

5. Proposal Format 10

5.1 Overall quality of proposal (max 10 points)

Additional Tender Returnable

Documentation provided in full,

adequately addressing the

requirements (8 points – 1 per form).

Tender Envelope 1 documentation is

included in the order of the tender

document (1 point).

Tender Envelope 1 documentation is

bound, indexed and paganised, with

no loose pages (1 point).

Additional

Tender

Returnable

Document 1-

8, and entire

Envelope 1

submission.

TOTAL 100

18

TENDER RETURNABLE DOCUMENT CHECKLIST – ENVELOPE 1

DESCRIPTION COMPLETED IN

FULL (Y / N)

FORMS TO BE COMPLETED AS PROVIDED

Bidder Contact Details

Advertisement

Invitation to Bid

Details of Tenderer

Details of Tendering Entity’s Bank

Resolution taken by the Board of Directors / Members / Partners

Resolution taken by the Board of Directors of a Consortium or Joint Venture

Joint Venture Information / Agreement

Past Experience

MBD1 – Tax Compliance Information

MBD4 – Declaration of Interest

MBD5 – Declaration for Procurement above R10 million

MBD8 – Declaration of Bidder’s Past Supply Chain Management Practices

MBD9 – Certificate of Independent Bid Determination

Certificate for Municipal Services

ADDITIONAL TENDER RETURNABLE DOCUMENTATION

1 – Company background, history, activities, staff and current project capacity.

2 – CPG Plan and Schedule of Services to the Subcontracted

3 – Detailed Workplan

4 – Staff to be used on project and their experience – include Curriculum Vitae for Facilities Manager and Supervisor(s)

5 – Training and Development Plan

6 – Declaration regarding Public Liability Insurance cover

7 – Statement of Equipment and Vehicles owned by tenderer and to be made available for the contract.

8 – Proof of location of local base (ownership, or rental lease, or rental lease option)

19

DETAILS OF TENDERER

Name of firm / entity / enterprise

Trading as (if different from above)

Postal address

Postal Code _______

Physical address

Contact Details of the Person Signing the Tender:

Name: _____________________________________ Telephone: (___) __________ Fax: (___) __________ Cellular Number: _____________________________ E-mail address: _____________________________

Contact Details of the Senior Manager Responsible for Overseeing Contract Performance:


Contact Details of Person Responsible for Accounts / Invoices:


20

DETAILS OF TENDERING ENTITY’S BANK I/We hereby authorize the Employer/Client to approach all or any of the following bank/s for the purposes of obtaining a financial reference:

DESCRIPTION OF

BANK DETAIL

BANK DETAILS APPLICABLE TO TENDERER’S HEAD OFFICE

Name of bank

Branch name

Branch code

Name of Account Holder

Account number

Type of Account

Signature of Tenderer:___________________________________ Date: ___________________________________

21

THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS / MEMBERS / PARTNERS

RESOLUTION of a meeting of the Board of Directors / Members / Partners of ___________________________________________________________________

NAME OF TENDERER

Held at ____________________________________ on ______________________ (Place) (Date) RESOLVED THAT: 1. The enterprise submits a Tender to the George Municipality in respect of the

following: TENDER NUMBER: PS034/2021

APPOINTMENT OF A SPECIALIST GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICE PROVIDER FOR A PERIOD OF THREE

YEARS FROM DATE OF APPOINTMENT

2. Mr/Mrs/Ms _______________________________________________________

In his/her capacity as

_______________________________________________ and who will sign as follows: __________________________________ (SPECIMAN SIGNATURE) be, and is hereby, authorized to sign the Tender and any and all other documents and/or correspondence in connection with and relating to the Tender, as well as to sign any contract, and or all documentation resulting from the award of the Tender to the enterprise mentioned above. Note: The resolution must be signed by all the directors or members / partners of the bidding enterprise. Should the space provided below not be sufficient for all the directors to sign, please provide a separate sheet in the same format below.

Name

Capacity

Signature

1

2

3

4

5

6

22

THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS OF A CONSORTIUM OR JOINT VENTURE

RESOLUTION of a meeting of the Board of Directors / Members / Partners of ___________________________________________________________________

NAME OF TENDERER

Held at ____________________________________ on ______________________ (Place) (Date) RESOLVED THAT: 1. The enterprise submits a Tender to the George Municipality in respect of the

following:

TENDER NUMBER: PS034 OF 2021



(list all the legally correct full names and registration numbers, if applicable, of the Enterprises forming the Consortium / Joint Venture):

___________________________________________________________________ and

___________________________________________________________________ and

___________________________________________________________________ 2. Mr/Mrs/Ms ______________________________________________________ In his/her capacity as ______________________________________________ and who will sign as follows: __________________________________ (SPECIMAN SIGNATURE) be, and is hereby, authorized to sign the Tender and any and all other documents and/or correspondence in connection with and relating to the Tender, as well as to sign any contract, and or all documentation resulting from the award of the Tender to the Consortium / Joint Venture enterprise mentioned above. 3. The enterprise in the form of a consortium or joint venture accept jointly and

several liability with parties under item 1 above for the fulfillment of the obligations of the joint venture deriving from, and in any way connected with the contract to be entered into with the George Municipality in respect of the project described above under item 1.

4. The Consortium / Joint Venture enterprise chooses as its domicilium citandi

et executandi for all purposes arising from this joint venture agreement and contract with the George Municipality in respect of the project under item 1:

23

(Physical Address) ________________________________________________

______________________________________________________________ Note: The resolution must be signed by all the directors or members / partners of the bidding enterprise. Should the space provided below not be sufficient for all the directors to sign, please provide a separate sheet in the same format below.

Name

Capacity

Signature

1

2

3

4

5

6

7

8

9

10

24

JOINT VENTURE

Only to be completed if applicable

Name of Joint Venture:

Names of Each Enterprise:

(1) Name and Address of Enterprise:



Has an original valid Tax Clearance Certificate been submitted for each enterprise?

YES NO

CIDB Registration Number(s), if any:

Submit your Joint Venture Agreement together with this annexure. If no Joint Venture Agreement is submitted, your tender will be disqualified.

SIGNED ON BEHALF OF JOINT VENTURE

25

PAST EXPERIENCE

This schedule is compulsory to complete!

Bidders must furnish hereunder details of similar works / services, which they have satisfactorily completed in the past. The information shall include a description of the Works / Services, the Contract value and name and contact details of the Employer.

Employer Nature of Work

Value of Work

Duration and Completion

Date

Employer’s Contact Details (Name and

contact details)

Note: Tenderers are to verify the contact details of the Employers provided, as past experience for uncontactable Employers may not be considered. ______________________ ________________________ Date Signature of Tenderer

26

MBD 1

TAX COMPLIANCE INFORMATION

PART A Tax Compliance Status

TCS Pin:

or

CSD No:

B-BBEE Status Level Verification Certificate [Tick Applicable Box]

Yes No

B-BBEE Status Level Sworn Affidavit

Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE / SWORN AFFIDAVIT (FORM EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

Are You The Accredited Representative In South Africa For The Goods / Services / Works Offered?

Yes No [If Yes, Enclose Proof]

Are You A Foreign Based Supplier For The Goods / Services / Works Offered?

Yes No [If Yes, Answer Part 2.]

Signature of Bidder

……………………….…

Date

………………….

27

PART B TAX COMPLIANCE TERMS AND CONDITIONS FOR BIDDING

1. TAX COMPLIANCE REQUIREMENTS

1.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

1.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.

1.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.

1.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B2.

1.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

1.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED; EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.

1.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL CUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.

2. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS [Tick Applicable Box]

2.1 Is the entity a resident of the Republic of South Africa (RSA)?

YES

NO

2.2 Does the entity have a branch in the RSA?

YES

NO

2.3 Does the entity have a permanent establishment in the RSA?

YES

NO

2.4 Does the entity have any source of income in the RSA?

YES

NO

2.5 Is the entity liable in the RSA for any form of taxation?

YES

NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 1.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID. NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE. Signature of Bidder: …….…………………….…….. Capacity Under Which This Bid Is Signed: …….…………………….……..

Date: ………………………………….

http://www.sars.gov.za/

28

MBD 4

DECLARATION OF INTEREST

1. No bid will be accepted from persons in the service of the state*.

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in the service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority.

3. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

3.1

3.2

3.3

3.4

3.5

3.6

3.7

Full Name of bidder or his / her representative: ………………………………………………………………………………………….. Identity number: ……………………………………………………………………… Position occupied in the Company (director, trustee, shareholder²): ………………………………………………………………………………………….. Company Registration Number: ……………………………………………………. Tax Reference Number: …………………………………………………………….. VAT Registration Number: ………………………………….………………………. The names of all directors / trustees / shareholders / members, their individual identity numbers and state employee numbers (where applicable) must be indicated in paragraph 4 below.

3.8

3.8.1

Are you presently in the service of the state?* If yes, furnish the following particulars: Name of person / director / trustee / shareholder member: ………………………………………………………………………….. Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: ………………………………………………………………………….. Any other particulars: …………………………………………………. …………………………………………………………………………..

YES / NO

3.9 Have you been in the service of the state for the past twelve YES / NO

29

3.9.1

months? If so, furnish particulars. ………………………………………………………………………….. …………………………………………………………………………..

3.10

3.10.1

Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? If yes, furnish the following particulars: Name of person: ………………………………………………………. Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: ………………………………………………………………………….. Any other particulars: …………………………………………………. …………………………………………………………………………..

YES / NO

3.11

3.11.1

Are you aware of any relationship (family, friend, other) between the bidder and any person in the service of the state who may be involved with the evaluation and or adjudication of this bid? If yes, furnish the following particulars: Name of person: ………………………………………………………. Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: …………………………… Any other particulars: …………………………………………………. ………………………………………………………………………....

YES / NO

3.12

3.12.1

Are any of the company’s directors, managers, principal shareholders or stakeholders in the service of the state? If yes, furnish the following particulars: Name of person / director / trustee / shareholder / member:

YES / NO

30

…………………………………………………………………………… Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: …………………………… Any other particulars: …………………………………………………. …………………………………………………………………..……..

3.13

3.13.1

Is any spouse, child or parent of the company’s directors, trustees, managers, principle shareholders or stakeholders in the service of the state? If yes, furnish the following particulars: Name of person / director / trustee / shareholder / member: …………………………………………………………………………… Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………….. Position occupied in the state institution: …………………………… Any other particulars: …………………………………………………. ……………………………………………………………….…………..

YES / NO

3.14

3.14.1

Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract? If yes, furnish particulars: .………………………………………………………………………….. .…………………………………………………………………………..

YES / NO

4. Full details of directors / trustees / members / shareholders: THE FOLLOWING INFORMATION IS COMPULSORY TO COMPLETE:

Full Name Identity Number Individual Tax State Employee

31

Number for each Director

Number (where applicable)

5. The contract will be automatically cancelled if there is a conflict of interest which is not disclosed by the bidder.

Protection of Personal Information Act, 2013 (Act no.4 of 2013) (POPIA)

All parties agree that they will comply with Protection of Personal Information Act, 2013 (Act no.4 of 2013) (POPIA) and process all the information and/or personal data in respect of the goods and/or services being rendered in accordance with the said act and only for the purpose of providing the goods and/or services set out in the agreement to provide such goods and/or services. The contract between the municipality and the service provider must ensure compliance with the Protection of Personal Information Act, 2013 (Act no.4 of 2013) (POPIA), in that the service provider establishes and maintains security measures to safeguard personal information being processed on behalf of the municipality. The service provider must notify the municipality immediately in an event where there are reasonable grounds to believe personal information has been accessed by an unauthorised person. The contract with a service provider must ensure confidentiality of personal information processed on behalf of the municipality. A supply contract with a service provider must include standard clauses outlining joint responsibility in terms of the protection of personal information.

………………………………….. …….…………………….…….. Signature Date

…………………………………… …………………………………. Capacity Name of Bidder

¹MSCM Regulations: “in the service of the state” means to be -

(a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the National Assembly or the National Council of Provinces;

(b) a member of the board of directors of any municipal entity; (c) an official or any Municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity or

constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);

(e) a member of the accounting authority of any national or provincial entity; or (f) an employee of Parliament or a provincial legislature.

²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercise control over the company.

32

MBD 5

DECLARATION FOR PROCUREMENT ABOVE R10 MILLION (ALL APPLICABLE TAXES INCLUDED)

For all procurement expected to exceed R10 million (all applicable taxes included), bidders must complete the following questionnaire: 1 Are you by law required to prepare annual financial *YES / NO statements for auditing? 1.1 If yes, submit audited annual financial statements for the past three years or since the date of establishment if established during the past three years. …………………………………………………………..……. ………………………………………………………………… 2. Do you have any outstanding undisputed commitments for *YES / NO municipal services towards any municipality for more than three months or any other service provider in respect of which payment is overdue for more than 30 days? 2.1 If no, this serves to certify that the bidder has no undisputed commitments for municipal services toward any municipality for more than three months or other service provider in respect of which payment is overdue for more than 30 days. 2.2 If yes, provide particulars. …………………………………………………………..……. ………………………………………………………………… …………………………………………………………..……. ………………………………………………………………… 3 Has any contract been awarded to you by an organ of state *YES / NO during the past five years, including particulars of any material non- compliance or dispute concerning the execution of such contract? 3.1 If yes, provide particulars. …………………………………………………………..……. …………………………………………………………………

33

…………………………………………………………..……. ………………………………………………………………… 4 Will any portion of goods or services be sourced from outside the Republic, and, if so, what portion and whether any portion of payment from the municipality / municipal entity is expected to be transferred out of the Republic? *YES / NO 4.1 If yes, furnish particulars. …………………………………………………………..……. ………………………………………………………………… …………………………………………………………..……. …………………………………………………………………

2 CERTIFICATION

I, THE UNDERSIGNED (NAME) …………………………..…………………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………….. …….…………………….…….. Signature Date

…………………………………… …………………………………. Position Name of Bidder

34

MBD8

3 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN

MANAGEMENT PRACTICES

1 This Municipal Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by municipalities and municipal

entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be rejected if that bidder, or any of its

directors have: a. abused the municipality’s / municipal entity’s supply chain

management system or committed any improper conduct in relation to such system;

b. been convicted for fraud or corruption during the past five years; c. willfully neglected, reneged on or failed to comply with any

government, municipal or other public sector contract during the past five years; or

d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004).

4 In order to give effect to the above, the following questionnaire

must be completed and submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector?

(Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s webiste (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for

Tender Defaulters in terms of section 29 of the Prevention and

Combating of Corrupt Activities Act (No 12 of 2004)?

The Register for Tender Defaulters can be accessed on the

National Treasury’s website (www.treasury.gov.za) by

clicking on its link at the bottom of the home page.

Yes

No

http://www.treasury.gov.za/

http://www.treasury.gov.za/

35


4.3 Was the bidder or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


Item Question Yes No

4.4 Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

Yes

No


4.5 Was any contract between the bidder and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME) …………….……………………..……

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION

FORM IS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT,

ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION

PROVE TO BE FALSE.

………………………………………... ………………………..….…

Signature Date

………………………………………. …………………………..…..

Position Name of Bidder

36

MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Municipal Bidding Document (MBD) must form part of all bids¹

invited. 2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended,

prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3 Municipal Supply Regulation 38(1) prescribes that a supply chain

management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:

a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has

abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and

c. cancel a contract awarded to a person if the person committed any

corrupt or fraudulent act during the bidding process or the execution of the contract.

4 This MBD serves as a certificate of declaration that would be used by

institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid

Determination (MBD9) must be completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be

expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

37

MBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

TENDER NUMBER: PS034/2021



______________________________________________________________ (Bid Number and Description)

in response to the invitation for the bid made by:

GEORGE MUNICIPALITY

do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of:__________________________________________that:

(Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this

Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the

accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been

authorized by the bidder to determine the terms of, and to sign, the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I

understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based

on their qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder.

38

MBD9

6. The bidder has arrived at the accompanying bid independently from, and

without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there

has been no consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices; (b) geographical area where product or service will be rendered (market

allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and

conditions of the bid; or (f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be,

disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy

provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation.

……………….…………………………… ……………………………… Signature Date ……………………………………………. ……………………………… Position Name of Bidder

³ Joint venture or Consortium means an association of persons for the purpose of combining

their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

39

CERTIFICATE FOR MUNICIPAL SERVICES (COMPULSORY TO COMPLETE)

Information required in terms of the Supply Chain Management Regulations, Regulation 28 (1) (c).

Tender Number: PS034/2021 Name of the Bidder: _________________________________________________

DETAILS OF THE BIDDER/S: Owner / Proprietor / Director(s) / Partner(s), etc:

Physical Business address of the Bidder

Municipal Account Number(s)

If there is not enough space for all the names, please attach the additional details to the Tender document.

Name of Director / Member / Partner

Identity Number Physical residential address of Director /

Member / Partner

Municipal Account number(s)

I, _____________________________________________________, the undersigned, (full name in block letters) certify that the information furnished on this declaration form is correct and that I/we have no undisputed commitments for municipal services towards a municipality or other service provider in respect of which payment if overdue for more than 30 days. ___________________________________ Signature THUS DONE AND SIGNED for and on behalf of the Bidder / Contractor at ________________________ on the ______ day of ___________________ 2021

PLEASE NOTE:

MUNICIPAL ACCOUNTS FOR ALL PROPERTIES OWNED BY BIDDER/S MUST

BE ATTACHED TO THE TENDER DOCUMENT!

Even if the requested information is not applicable to the Bidder, the table above should be endorsed NOT APPLICABLE with a reason and THIS

DECLARATION MUST STILL BE COMPLETED AND SIGNED. In the event of

leasing, a lease agreement MUST be attached to the tender document.

40

Additional Tender Returnable Document 1

Company background, history, activities, staff and current project capacity

Description of Company background, history, staff and activities, including:

- Statement of company history, activities and experience (company registration number will not be used in terms of company start-date).

- Current project appointments and capacity for this project - Location of offices, and number of staff in each of the offices

41


CPG Plan

Describe how the minimum of 30% of the value of the tender will be subcontracted to Targeted Enterprises and the CPG targets will be achieved over the contract term of three years, complete with dates, work packages to be subcontracted, and the targeted percentage of contract value. Goals for each 12 month period, calculated from the date of appointment, must be included. Description of how a minimum of 30% of the value of the tender will be subcontracted to Targeted Enterprises: ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… Contract Participation Goal (CPG) targets:

Year 1 (12 months from commencement)



Targeted Contract Participation Performance (CPP) at each 12-month period to be sub-contracted to Targeted Enterprises. (refer to Special Conditions of Contract)

…………..%

(as close to the 30% specified as

possible)

…………..%

(as close to the 30% specified as

possible)

…………..%

(minimum 30%)

Contract Participation Goal (CPG)

30% 30% 30%

Contract value

100% 100% 100%

SIGNED BY TENDERER: …………………………………………………………

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Additional Tender Returnable Document 2 (continued)

Schedule of Services to be Subcontracted

1. The tenderer shall list below the items of work he intends to subcontract. 2. Acceptance of this tender shall not be construed as an approval of all or any of the listed subcontractors. Should any or all of the

subcontractors not be approved subsequent to the acceptance of the tender, it shall in no way invalidate this tender, and the tendered unit rates for the various items of work shall remain final and binding, even in the event of a subcontractor not listed below being approved.

ITEM OF WORK NAME OF

SUBCONTRACTOR (IF

KNOWN)

% VALUE OF THE

TENDER AMOUNT TO BE

SUBCONTRACTED

B-BBEE STATUS

LEVEL OF SUB-

CONTRACTOR

STATE IF

TARGETED

ENTERPRISE

STATE IF EME

SIGNED BY TENDERER: ………………………………………………………….

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Detailed Workplan

Describe the planned approach to set up and manage this contract. Include:

• an organisational plan of the project team, to cover the scope of works as specified,

• a resourcing schedule outlining the staffing shift structures to be employed on aspects of the scope of work requiring 7 days-a-week and/or work that is longer or outside normal work hours,

• a reporting plan, and • a communications plan outlining the means of communication to be

used between the staff employed and to the Purchaser.

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Permanent Staff to be used on the project and their experience – include Curriculum Vitae

List permanent staff that will be used on the project with a summary of key experience, including the Facilities Manager and Supervisor(s), and provide Curriculum Vitae of each of the staff listed.

Facilities Manager:

• Name: ………………………………………………………………….

• Key experience:

Similar Experience Period (years)

Supervisor 1:

• Name: ………………………………………………………………….

• Key experience:


Supervisor 2 (optional):

• Name: ………………………………………………………………….

• Key experience:


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Training and Development Plan Provide a training and development plan for the staff in terms of their responsibilities and other aspects that may be required in terms of their work. This should allow for the possibility of training persons employed off the APR that were previously a part of the minibus taxi and bus industry in George, likely to have very little qualifications and experience. The plan must outline applicable training content and level for initial training, as well as regular training and evaluation methods and applicable content through first year of employment. The plan should also provide clear supervision actions throughout employment to assess performance and identify further training needs. Describe how, with clearly defined outcomes and interventions, the training and capacitation of the subcontractor will be achieved.

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Declaration regarding Public Liability Insurance cover The tenderer, ……………………………………………………………………………….., commits to providing the necessary Public Liability Insurance cover as required in terms of section 8 of the Special Conditions of Contract. Proof of the existing public liability insurance in the name of the tenderer may be attached.


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Statement of Equipment and Vehicles to be provided by tenderer for the contract.

List of vehicles and equipment owned by the tendering entity that will be made available, as may be necessary, in terms of fulfilling the requirements of the specifications.

Asset description Current locality Owned / to be leased

Approximate value


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Proof of location of local base (ownership, or rental lease, or rental lease option)

Attach proof of location of nearest business address, by way of proof of ownership, or rental lease, or rental lease option (letter of intent from tenderer and letter from landlord to confirm). Proof must be registered in the name of the tendering entity.

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GEORGE MUNICIPALITY PROCUREMENT

GENERAL CONDITIONS OF CONTRACT

3.1 TABLE OF CLAUSES

1. Definitions

2. Application

3. General

4. Standards

5. Use of contract documents and information inspection

6. Patent rights

7. Performance security

8. Inspections, tests and analysis

9. Packing

10. Delivery and documents

11. Insurance

12. Transportation

13. Incidental services

14. Spare parts

15. Warranty

16. Payment

17. Prices

18. Variation orders

19. Assignment

20. Subcontracts

21. Delays in the supplier’s performance

22. Penalties

23. Termination for default

24. Anti-Dumping and countervailing duties and rights

25. Force Majeure

26. Termination for insolvency

27. Settlement of disputes

28. Limitation of liability

29. Governing language

30. Applicable law

31. Notices

32. Taxes and duties

33. Transfer of contracts

34. Amendment of contracts

35. Prohibition of restrictive practices

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General Conditions of Contract 1. Definitions: 1. The following terms shall be interpreted as indicated: 1.1 “Closing time” means the date and hour specified in the bidding documents

for the receipt of bids. 1.2 “Contract” means the written agreement entered into between the purchaser

and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations.

1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution.

1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally.

1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.

1.7 “Day” means calendar day. 1.8 “Delivery” means delivery in compliance of the conditions of the contract or

order. 1.9 “Delivery ex stock” means immediate delivery directly from stock actually on

hand. 1.10 “Delivery into consignees store or to his site” means delivered and unloaded

in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the goods are so delivered and a valid receipt is obtained.

1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA.

1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.

1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all of the equipment, machinery, and/or other materials that

the supplier is required to supply to the purchaser under the contract. 1.16 “Imported content” means that portion of the bidding price represented by the

cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs

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such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the goods covered by the bid will be manufactured.

1.17 “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place.

1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities.

1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a service.

1.20 “Project site,” where applicable, means the place indicated in bidding documents.

1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. 1.24 “Services” means those functional services ancillary to the supply of the

goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.

1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State.

1.26 “Tort” means in breach of contract. 1.27 “Turnkey” means a procurement process where one service provider

assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract.

1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing.

2. Application: 2.1 These general conditions are applicable to all bids, contracts and orders

including bids for functional and professional services (excluding professional services related to the building and construction industry), sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents.

2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works.

2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.

3. General: 3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not

be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged.

3.2 Invitations to bid are usually published in locally distributed news media and on the municipality/municipal entity website.

4. Standards: 4.1 The goods supplied shall conform to the standards mentioned in the bidding

documents and specifications. 5. Use of contract documents and information inspection:

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5.1 The supplier shall not, without the purchaser’s prior written consent, disclose

the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the provider in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract.

5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the provider’s performance under the contract if so required by the purchaser.

5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.

6. Patent rights: 6.1 The provider shall indemnify the purchaser against all third-party claims of

infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser.

6.2 When a supplier developed documentation / projects for the municipality or municipal entity, the intellectual, copy and patent rights or ownership of such documents or projects will vest in the municipality or municipal entity.

7. Performance security: 7.1 Within thirty (30) days of receipt of the notification of contract award, the

successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC.

7.2 The proceeds of the performance security specified in Clause 7.1 shall be payable to the purchaser as compensation for any loss resulting from the supplier’s failure to complete his obligations under the contract. The performance of the subcontractor(s) shall not relieve the supplier from any liability or obligation under the contract.

7.3 The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or

(b) a cashier’s or certified cheque. 7.4 The performance security will be discharged by the purchaser and returned to

the provider not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified.

8. Inspections, tests and analyses: 8.1 All pre-bidding testing will be for the account of the bidder. 8.2 If it is a bid condition that goods to be produced or services to be rendered

should at any stage be subject to inspections, test and analyses, the bidder or

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contractor’s premises shall be open, at all reasonable hours, for inspection by a representative of the purchaser or an organization acting on behalf of the purchaser.

8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned.

8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods to be in accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether such goods or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier.

8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected.

8.7 Any contract goods may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the requirements of the contract. Such rejected goods shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with goods which do comply with the requirements of the contract. Failing such removal the rejected goods shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase such goods as may be necessary at the expense of the supplier.

8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC.

9. Packing: 9.1 The supplier shall provide such packing of the goods as is required to prevent

their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.

9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, and in any subsequent instructions ordered by the purchaser.

10. Delivery and documents: 10.1 Delivery of the goods and arrangements for shipping and clearance

obligations shall be made by the supplier in accordance with the terms specified in the contract.

11. Insurance:

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11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified.

12. Transportation: 12.1 Should a price other than an all-inclusive delivered price be required, this

shall be specified. 13. Incidental services: 13.1 The supplier may be required to provide any or all of the following services,

including additional services, if any: (a) performance or supervision of on-site assembly and/or

commissioning of the supplied goods; (b) furnishing of tools required for assembly and/or maintenance of the

supplied goods; (c) furnishing of a detailed operations and maintenance manual for each

appropriate unit of the supplied goods; (d) performance or supervision or maintenance and/or repair of the

supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and

(e) training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the provider for similar services.

14. Spare parts: 14.1 As specified, the supplier may be required to provide any or all of the

following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

(a) such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and

(b) in the event of termination of production of the spare parts: (i) advance notification to the purchaser of the pending termination,

in sufficient time to permit the purchaser to procure needed requirements; and

(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested.

15. Warranty: 15.1 The supplier warrants that the goods supplied under the contract are new,

unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop

55

under normal use of the supplied goods in the conditions prevailing in the country of final destination.

15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise.

15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.

15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser may have against the supplier under the contract.

16. Payment: 16.1 The method and conditions of payment to be made to the supplier under this

contract shall be specified. 16.2 The supplier shall furnish the purchaser with an invoice accompanied by a

copy of the delivery note and upon fulfillment of other obligations stipulated in the contract.

16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by the supplier.

16.4 Payment will be made in Rand unless otherwise stipulated. 17. Prices: 17.1 Prices charged by the supplier for goods delivered and services performed

under the contract shall not vary from the prices quoted by the provider in his bid, with the exception of any price adjustments authorized or in the purchaser’s request for bid validity extension, as the case may be.

18. Variation orders: 18.1 In cases where the estimated value of the envisaged changes in purchase

does not exceed 15% of the total value of the original contract, the contractor may be instructed to deliver the goods or render the services as such. In cases of measurable quantities, the contractor may be approached to reduce the unit price, and such offers may be accepted provided that there is no escalation in price.

19. Assignment: 19.1 The supplier shall not assign, in whole or in part, its obligations to perform

under the contract, except with the purchaser’s prior written consent. 20. Subcontracts: 20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded

under these contracts if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.

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21. Delays in the Supplier’s Performance: 21.1 Delivery of the goods and performance of services shall be made by the

supplier in accordance with the time schedule prescribed by the purchaser in the contract.

21.2 If at any time during performance of the contract, the supplier or its

subcontractor(s) should encounter conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract.

21.3 The right is reserved to procure outside of the contract small quantities or to

have minor essential services executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the goods are required, or the supplier’s services are not readily available.

21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the application of penalties.

21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.

22. Penalties: 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the

goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23. Termination for default: 23.1 The purchaser, without prejudice to any other remedy for breach of contract,

by written notice of default sent to the supplier, may terminate this contract in whole or in part:

(a) if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;

(b) if the supplier fails to perform any other obligation(s) under the contract; or

57

(c) if the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated.

23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.

23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard the supplier as having no objection and proceed with the restriction.

23.5 Any restriction imposed on any person by the purchaser will, at the discretion of the purchaser, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the purchaser actively associated.

23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with the following information:

(i) the name and address of the supplier and / or person restricted by the purchaser;

(ii) the date of commencement of the restriction; (iii) the period of restriction; and (iv) the reasons for the restriction. These details will be loaded in the National Treasury’s central database of

suppliers or persons prohibited from doing business with the public sector. 23.7 If a court of law convicts a person of an offence as contemplated in sections

12 or 13 of the Prevention and Combating of Corrupt Activities Act, No 12 of 2004, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public. The Register can be perused on the National Treasury website.

24. Anti-Dumping and Counter-Vailing duties and rights: 24.1 When, after the date of bid, provisional payments are required, or anti-

dumping or countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the supplier to the purchaser

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or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him.

25. Force Majeure: 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall

not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.

25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.

26. Termination for insolvency: 26.1 The purchaser may at any time terminate the contract by giving written notice

to the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.

27. Settlement of disputes: 27.1 If any dispute or difference of any kind whatsoever arises between the

purchaser and the supplier in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party.

27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.

27.4 Notwithstanding any reference to mediation and/or court proceedings herein, (a) the parties shall continue to perform their respective obligations under the

contract unless they otherwise agree; and (b) the purchaser shall pay the supplier any monies due to the supplier for

goods delivered and / or services rendered according to the prescripts of the contract.

28. Limitation of liability: 28.1 Except in cases of criminal negligence or willful misconduct, and in the case

of infringement pursuant to Clause 6; (a) the supplier shall not be liable to the purchaser, whether in contract, tort,

or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and

59

(b) the aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

29. Governing language: 29.1 The contract shall be written in English. All correspondence and other

documents pertaining to the contract that is exchanged by the parties shall also be written in English.

30. Applicable law: 30.1 The contract shall be interpreted in accordance with South African laws,

unless otherwise specified. 31. Notices: 31.1 Every written acceptance of a bid shall be posted to the supplier concerned

by registered or certified mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting shall be deemed to be proper service of such notice.

31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be reckoned from the date of posting of such notice.

32. Taxes and duties: 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties,

license fees, and other such levies imposed outside the purchaser’s country. 32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees,

etc., incurred until delivery of the contracted goods to the purchaser. 32.3 No contract shall be concluded with any bidder whose tax matters are not in

order. Prior to the award of a bid SARS must have certified that the tax matters of the preferred bidder are in order.

32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears.

33. Transfer of contracts: 33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or

part thereof without the written permission of the purchaser. 34. Amendment of contracts: 34.1 No agreement to amend or vary a contract or order or the conditions,

stipulations or provisions thereof shall be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall also be in writing.

35. Prohibition of restrictive practices: 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as

amended, an agreement between, or concerted practice by, firms, or a

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decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder(s) is / are or a contractor(s) was / were involved in collusive bidding.

35.2 If a bidder(s) or contractor(s) based on reasonable grounds or evidence obtained by the purchaser has / have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties are contemplated in section 59 of the Competition Act No 89 of 1998.

35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with the public sector for a period not exceeding ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.

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SPECIAL CONDITIONS OF CONTRACT 1. Definitions The following terms shall be interpreted as indicated: 1.1 “Broad-Based Black Economic Empowerment Act” means the Broad-Based

Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 1.2 “EME” means an exempted micro enterprise in terms of a code of good

practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

1.3 “Military veteran” has the meaning assigned to it in section 1 of the Military

Veterans Act, 2011 (Act No. 18 of 2011);

1.4 “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad Based Black Economic Empowerment Act;

1.5 “rural area” means-

(a) a sparsely populated area in which people farm or depend on natural resources, including villages and small towns that are dispersed through the area; or

(b) an area including a large settlement which depends on migratory labour and remittances and government social grants for survival, and may have a traditional land tenure system;

1.6 “Subcontractor” means an entity appointed by the Supplier to execute a

portion of the tender as defined in this contract. 1.7 “Targeted Enterprise” means an entity to which the Supplier subcontracts a

percentage of the contract value as a condition of contract and which is a Level 1 BBBEE service provider and: i. an EME or QSE which is 100% owned by black people; or ii. an EME or QSE which is 100% owned by black people who are youth; or iii. an EME or QSE which is 100% owned by black people who are women;

or iv. an EME or QSE which is 100% owned by black people with disabilities; or v. an EME or QSE which is 100% owned by black people who are military

veterans; or vi. an EME or QSE which is 100% owned by black people living in rural or

underdeveloped areas or townships; or vii. a cooperative which is 100% owned by black people; or viii. more than one of the categories referred to in paragraphs i) to vii).

1.8 “township” means an urban living area that any time from the late 19th

century until 27 April 1994, was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994; and

1.9 “youth” has the meaning assigned to it in section 1 of the National Youth

Development Agency Act, 2008 (Act No. 54 of 2008).

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1.10 “APR” or “Affected Persons Register” means a register compiled for targeted/prioritised employment of previous local bus and minibus taxi industry persons as affected by the GIPTN.

2. Special conditions of contract

2.1 Any special conditions relative to the contract will form part of the contract. 2.2 Where the special conditions of contract are in conflict with the general

conditions, the special conditions shall apply.

3. Performance security

3.1 In accordance with the provisions of clause 7.1 of the GCC, the successful bidder shall furnish to the purchaser performance security in the amount of 5% of the contract price.

4. Subcontracting

4.1 It is a requirement of this tender that the successful bidder subcontract a minimum of 30% of the work by the end of the contract to a Targeted Enterprise or Targeted Enterprises as defined in the SCC and provide the subcontractor or subcontractors with the specified training in terms of the tender.

4.2 Where the appointment of the subcontractor or subcontractors are undertaken after the award of the tender to the supplier, the supplier may only enter into a subcontractor arrangement with the approval of the purchaser, which shall not be unduly withheld.

4.3 The subcontractor agreement to be entered into between the supplier and subcontractor shall contain appropriate provisions and mechanisms to ensure that the supplier meets its obligations in terms of the contract. The following shall be contained in such subcontractor agreements:

4.3.1 The Targeted Enterprise’s entitlement to receive the training contemplated in

this contract; 4.3.2 The Targeted Enterprise’s obligation to participate and co-operate in the

training provided for in this contract; 4.3.3 The training to be provided to the Targeted Enterprise’s workforce; 4.3.4 The terms and conditions related to payment of the Targeted Enterprise; 4.3.5 Penalties in the event of failure by the Targeted Enterprise to comply with the

terms and conditions of the subcontractor agreement; and 4.3.6 Dispute avoidance and resolution procedures.

4.4 The subcontracting and its associated risks shall remain the sole

responsibility of the supplier.

4.5 In addition to the notification to the purchaser in writing of all subcontracts awarded under the contract in accordance with clause 20.1 of the GCC, the supplier shall also provide a copy of each signed subcontractor agreement within 30 days of the supplier and subcontractor having entered such agreement.

4.6 The supplier is required to provide security to the purchaser in accordance

with GCC clause 7.2 and SCC clause 3.1.

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4.7 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the provider in his bid notwithstanding the prices charged by the subcontractor or subcontractors under any subcontractor agreement or subcontractor agreements concluded by the supplier, any changes to the prices charged by the subconctractor or subcontractors under the relevant subcontractor agreement or subcontractor agreements concluded by the supplier and/or any changes to the subcontractor or subcontractors.

5. Payment

5.1 The supplier shall furnish the purchaser with an invoice by the third Business

Day after the end of each calendar month accompanied by a copy of the delivery note and upon fulfillment of other obligations stipulated in the contract. For the purposes of this clause, “Business Day” means any day other than a Saturday, Sunday or public holiday designated as such in the Public Holidays Act, No. 36 of 1994 or proclaimed by the President as a public holiday in terms of the Act.

6. Delays in the Supplier’s performance

6.1 If the supplier or its subcontractor(s) does not notify the purchaser in writing of

delays in delivery and goods or performance of services and delivery of the goods or performance of services does not occur as agreed upon, the purchaser shall within 24 hours after the agreed upon delivery period has lapsed:

i. Issue a final notification by registered mail indicating the action to be taken in terms of the contract conditions unless the supplier complies with the contract conditions and delivers satisfactory services or supplies within a specified reasonable time.

ii. Such time should be decided upon by the Accounting Officer or the Chief Financial Officer of the purchaser and should not be less than seven (7) and not longer than fourteen (14) calendar days.

iii. If the supplier still does not deliver the goods or perform the service despite the final notification, the purchaser may, in addition to any contractual or other remedy, act against the supplier or elects to exercise the following:

a. Recover all costs, losses or damages it has incurred or suffered as a result of the supplier’s conduct.

b. Cancel the contract in accordance with Clause 23 of the GCC.

c. Impose a penalty in accordance with Clause 22 of the GCC. d. Impose a restriction on the supplier, its shareholders and

directors in accordance with Clause 23 of the GCC. 7. Penalties and incentive bonus

7.1 For the purposes of this clause, the following definitions will be applicable:

7.1.1 “Contract Participation” means a process by which the supplier implements

Government’s objectives by setting targets to enhance Targeted Enterprises’ utilisation and development, which the supplier shall achieve as a minimum.

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7.1.2 “CPG” means Contract Participation Goal. This is the monetary value of the target of subcontracting a minimum of 30% of the value of the contract to Targeted Enterprise(s) set by the purchaser in the tender.

7.1.3 “CPP” means Contract Participation Performance. This is the monetary value

of the measure of the supplier’s progress in achieving the CPG.

7.2 CPG 7.2.1 The CPG will be calculated as follows: CPG = Contract Price excluding VAT x 30% 7.3 CPP 7.3.1 The CPP is calculated as follows:

CPP = total value of Targeted Enterprises’ contribution (excluding VAT) 7.3.2 The supplier’s CPP shall be monitored monthly to determine the extent to

which it is striving to achieve the CPG, considering the details and goals for each 12 month period provided by the supplier for achievement of the CPG in accordance with SCC clause 7.3.5 below. The basis of monitoring shall be the levels of the individual contributions for Targeted Enterprises. Monthly returns, in the format required by the purchaser, shall be submitted by the supplier with each monthly invoice.

7.3.3 The CPP for Targeted Enterprises shall only be accepted if the respective

Targeted Enterprises comply fully with the definition of a Targeted Enterprise, and documentary evidence, which shall be paid invoices of the subcontractor, to support the claim lodged with the purchaser before the works, goods or service may be considered as having been performed by a Targeted Enterprise. The responsibility for producing evidence of the respective documentation shall rest with the supplier.

7.3.4 The supplier shall assume responsibility for the compilation and maintenance

of comprehensive records detailing each Targeted Enterprise’s progress.

7.3.5 To assist in the measurement of the CPP the supplier shall include in its tender submission details of how the CPG will be achieved including, amongst other items, goals for each 12 month period, calculated from the date of appointment, towards achievement of the CPG.

7.3.6 As an incentive to encourage the supplier to exceed the CPG, a bonus is

offered, measured as follows:

CPP Bonus The Bonus = 0.05 x (CPP – CPG) Any bonus due (or portion thereof) shall be calculated at the end of the contract period. No bonus shall apply if the CPG is not reached.

7.3.7 CPP Penalties

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7.3.7..1 Failure to reach the CPG annually, after 12 months, 24 months and 36 months of services from the date of appointment, shall render the supplier liable for a provisional cumulative penalty which will be the sum calculated on the price of the CPG shortfall for the respective period, unless there are compelling reasons why the CPG could not be achieved. The extent of the shortfall for the period concerned shall be determined using the details and goals for each 12 month period provided by the supplier for achievement of the CPG in accordance with SCC clause 7.3.5 above.

7.3.7..2 Failure to reach the CPG at the end of the contract period shall render the supplier liable for the final penalty, calculated as follows:

Penalty = 0.05 x (CPG – CPP)

7.3.7..3 Any penalty payable shall be calculated on the contract price. The purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price the penalty payable.

8. Public Liability Insurance cover 8.1 Within thirty (30) days of receipt of the notification of contract award, the

successful bidder shall furnish to the purchaser with Public Liability Insurance cover that will be maintained throughout the contract period to the value of R10 million and will cover all aspects of the services being rendered by the Supplier.

8.2 The Supplier shall indemnify the Purchaser for any claims arising out of incidents that may represent a derelict of any of the Supplier’s duties.

9. Recruitment of local staff 9.1 Where the Supplier, or the Supplier’s sub-contractor(s) requires the

recruitment of local staff to perform their services, the specified process to advertise the positions to the Affected Persons Register (APR) is to be followed.

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4 SCOPE OF WORK TENDER FOR THE APPOINTMENT OF A SPECIALIST GIPTN FACILITIES MANAGEMENT AND SECURITY GUARDING SERVICE PROVIDER, FOR A

PERIOD OF THREE YEARS FROM DATE OF APPOINTMENT

4.1 Introduction

The George Integrated Public Transport Network (GIPTN) known as the GO GEORGE system, is a public transport system being rolled out jointly by the George Municipality and the Provincial Government: Western Cape which is underwriting the project with the support of the Department of Transport. The GIPTN comprises a phased roll-out of subsidised conventional bus services that will incrementally replace the current mini-bus taxi industry supplying services within the Municipal area of George. Phases 1-3 and 4B have been completed with Phases 4A to 6 anticipated for roll-out within the next three years.

The GIPTN system operates 14 to 18 hours per day, seven days per week. Buses operate in accordance with a published timetable operating on a series of bus routes covering the George Municipal area. Figure 1 indicates the route configuration and area coverage for the final envisaged network.

In support of the roll-out of the GIPTN system, infrastructure in the form of bus stops, transfer points and modal interchange facilities is being incrementally implemented.

The George Municipality and the Provincial Government: Western Cape, being the Contracting Authority, seek to provide a quality public transport service to the citizens of George.

A key component of a quality public transport service is that there is a clear demonstration that the system is being effectively managed and that the passengers using the system can be confident that they would be safe and secure when using the system. This sense of safety is enhanced by ensuring that the facilities and precincts supporting the public transport system are well maintained, clean and secure.

Accordingly, the contracting authority has identified the need to appoint a Supplier to provide the following integrated services associated with a central public transport hub precinct located at Cradock Street and eight designated satellite precincts within the Municipality of George for a thirty-six (36) months period:

Assume an integrated management responsibility for the provision of cleaning and guarding services as well as ad hoc minor maintenance and garden services

Conduct regular condition monitoring inspections of the designated GO GEORGE precincts and network

Provide a capability to deliver ad hoc minor works maintenance (including minor repairs) on a three-quote basis

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Provide a capability to deliver ad hoc garden services on a three-quote basis

Have monthly meetings with the GIPTN Unit Manager or authorized representative

Provide a monthly management report summarizing the security, cleaning and maintenance activities, costs and agreed statistics associated with work undertaken

Supply, fit out, install, maintain, secure and manage eight portable containers located within designated satellite precincts to function as GO GEORGE operational office facilities which would accommodate GO GEORGE and George Link operational personnel.

The location of these facilities may be amended or extended during the contract period to cover future phases as indicated in Figure 1.

The location of the designated precincts is indicated in Section 2 below.

Figure 1 GIPTN Network (Phases 1 to 6)

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Further, the Supplier will ensure that other public transport facilities around the network, such as bus shelters, will be cleaned regularly and maintained.

In terms of the Preferential Procurement Policy Framework, 2000 (Act No. 5 of 2000) and the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003), it is a requirement of this project that the successful tenderer / Supplier subcontract a minimum of thirty percent (30%) of the work by the end of the contract to Targeted Enterprise(s) as defined in clause 1.7 of the SCC and provide the subcontractor with the specified training.

4.2 Location of Precincts

The nine precincts (the central hub and eight satellite precincts) currently identified for which the Supplier is to provide the services required are indicated in Error! Reference source not found..

Note that some of the precincts may not be required for the full duration of the contract and other precincts within the geographical area shown in Figure 2 may replace one of the 9 precincts listed. Limited facilities may also be required at other locations not indicated in Figure 2, including toilet facilities for operational staff.

The figures below are indicative with the precincts to be confined to Municipal cadastral boundaries be agreed with the GIPTN Unit Manager.

Figure 2 Location of GIPTN Transfer Precincts requiring security, cleaning and other services

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Details regarding the GIPTN transfer precincts requiring an integrated management responsibility are:

4.2.1 Cradock Street Transport Hub Precinct (

4.2.2 ).

This precinct is the central public transport precinct encompassing Cradock Street between Hibernia Street and Market Street, the Hibernia / Cradock Street intersection and the Market / Cradock Street intersection. It includes the GO GEORGE transfer services that operate at the bus stops in Market and Hibernia Streets near the Cradock Street intersections.

Figure 3 Cradock Street Transport Hub Precinct

4.2.3 Blanco Triangle Transfer Precinct (Error! Reference source not found.4)

This precinct, located at the junction of George and Montagu Streets in Blanco, encompasses a public transport transfer point linking community services to the

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main route to the CBD, integrates community services associated with the library and clinic and commercial activity adjacent to the transfer facility.

Figure 4 Blanco Triangle Transfer Precinct

4.2.4 Garden Route Mall Transfer Precinct (Error! Reference source not found.5).

This facility is located along the unnamed road between the development parcels incorporating the Garden Route Mall, Eden Meander and those comprising Builders Warehouse and surrounding developments. The facility functions both as a significant transfer point as a well as a terminal point for a number of routes.

Figure 5 Garden Route Mall Transfer Precinct

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4.2.5 Protea Road Transfer Precinct (Figure 6 Protea Road Transfer Location (Pacaltsdorp)

4.2.6 6).

This location comprises a public transport transfer point linking community services with the main routes to the CBD, industrial areas and Garden Route Mall. It is an area bounded by Protea Road, Fern Street and Amaryllis Street. It is located adjacent to a small mixed- use neighbourhood centre.

Figure 6 Protea Road Transfer Location (Pacaltsdorp)

4.2.7 Thembalethu Circle Transfer Precinct (Error! Reference source not found.7).

This precinct is located at the southern end of Nelson Mandela Boulevard. The precinct includes terminal point, the circle and the associated pedestrian crossings.

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Figure 7 Thembalethu Circle Transfer Precinct

4.2.8 26th Avenue Precinct (Error! Reference source not found.8).

This precinct is located along portions of 26th Street and Nelson Mandela Boulevard. It borders on an educational facility.

Figure 8 26th Avenue – Nelson Mandela Boulevard Transfer Precinct

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4.2.9 Tabata Road Transfer and Turnaround Station Precinct (Error! Reference source not found.9)

This precinct is located at the intersection of Tabata Street, Ngcakani Road and Nelson Mandela Boulevard. The precinct excludes the petrol filling station site but includes the linking road around the petrol filling station.

Figure 9 Tabata Road Transfer / Turnaround Precinct

4.2.10 Parkdene High School - Main Street Precinct (Error! Reference source not found.10)

This precinct is located along Main Street adjacent to Parkdene H.S.

Figure 10 Parkdene High School on Main Street Precinct

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4.2.11 NMB and Main Precinct (Error! Reference source not found.11)

This precinct is located at the intersection of Main Street and Nelson Mandela Boulevard.

Figure 11 26th NMB and Main Street Precinct

4.2.12 Cradock Street Operational Office

The Supplier is to equip, maintain and manage a fully functional Operational Office provided within the Cradock Street Transport Hub facility. The Operational Office must be equipped with the following:

Suitable means of communication to enable telephonic contact to be made with the police, the fire brigade, ambulance services and the GIPTN Unit Manager or authorised representative.

Equipment to complete the reporting requirements and manage quotation requests and instructions, including computer equipment, printer, internet connectivity.

Two-way radios and chargers and/or mobile phones to be used for internal communication purposes with all emergency notification numbers pre-programmed into the phones. Sufficient batteries and chargers to be available to ensure that loss of communication is precluded.

A secure key-box to be secured in the office to keep a Facility Manager’s copy of all the keys at the facilities around the network including the Transport Hub.

Furniture and fittings as required by the Supplier.

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Any other equipment deemed to be necessary to fulfil the required security function.

Precinct occurrence / incident books.

The Supplier will be provided with a master-set of the existing keys, of which the Supplier will make additional copies for own use. The Supplier will appropriately label, manage and appropriate the use of all keys received in terms of being responsible for the facilities.

4.3 General Requirements

The following general requirements are required:

The Supplier will appoint a Facilities Manager, based in George, who will be responsible for ensuring the provision of all services specified and who will be accountable the GIPTN Unit Manager.

The Supplier will be provided an office at the George Transport Hub for use by the Facilities Manager. The Supplier will be required to provide and maintain in good condition, at all times, office furniture and equipment suitable for the performance of the management duties in this contract, including but not limited to: an office desk and chair, side table, computer with internet and MS Office 365, printer, cellphone, etc.

The Supplier, in the provision of the required services will be required to prepare a risk and safety plan associated with the services that will be provided in each of the precincts. In addition, the Supplier (and any sub-contractors) will be required to provide adequate public liability insurance appropriate to the services that they provide.

The Supplier will have to install alarms and monitor the alarms at each of the precincts, and will be required to have armed response available at all times to appropriately address any alarms or call outs from any of the precincts.

All manufactured and/or supplied materials procured for the work will be sourced from local George suppliers and, if shown to not be feasible, then preference will be given to the Southern Cape area. In the event that local George suppliers cannot be used then the GIPTN Unit Manager, or authorised representative, must approve the use of the outside supplier.

The Supplier will be required to operate from a local base within the George Municipal area where all equipment and cleaning material will be stored. Proof of this base (ownership or rental lease) is to be provided with the tender. Limited storage facilities are available at the Transport Hub and it is noted that there is no designated or reserved parking at the Transport Hub for any Supplier Staff.

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The Supplier to provide all transport required in the provision of all required services. All staff transport vehicles are to be clearly marked as staff transport vehicles during the transporting of staff and these vehicles will not be used for any other purpose during that period.

The Supplier will be provided with a set of keys for the Transport Hub and any lockable facilities in the precincts and will be expected to make the number of copies required for the Supplier’s own use. The Supplier will keep and manage a key register and ensure that only the staff issued with particular keys are in possession of these keys. The Supplier will manage the opening and closing of the facilities for operational needs during operational hours, as well as for their own personnel. The Supplier is required to ensure that the facilities that are for the use of GO GEORGE operational staff are kept locked when not in use and outside of the operational hours of the service. Offices are required to be opened at 05:00 and closed at 21:00. The Supplier will replace any missing keys at own cost and return all copies of keys to the GIPTN Management Unit at the end of the contract.

The Supplier is to comply with all relevant South Africa statutory requirements, including, but not limited to, labour legislation, the Road Safety Act and the Occupation, Health and Safety Act. The Company must be registered in South Africa as a company able to trade or officially do business.

The Supplier will ensure that all staff are legally employed, with no criminal record. All staff positions will need to be advertised to the Affected Persons Register (APR). An Affected Persons Register has been compiled for targeted/prioritised employment of previous local bus and minibus taxi industry persons. All staff should be locally sourced and based. The indicative recruitment process from the APR is as follows:

o Confirm with the GIPTN Management Unit the type of work opportunity to be advertised, including number of positions, work type, duration, skills required, etc.

o Supplier to draft letters and GIPTN Management Unit to send letters to the Associations notifying them:

The opportunities that may be available (no of positions, work type, duration, skills required, etc)

The details of where candidates can apply and the date after which people may no longer be considered

That people on the APR will be sent SMS notifications to this effect.

That the employer (Supplier) will give preference to employ people on the APR and will then employ outside of the APR lists if there is a lack of suitable candidates that apply within the specified timeline.

o GIPTN Management Unit will send out a bulk SMS to all the names on the APR Aas determined by the GIPTN Management Unit.

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o Employer / Contractor fields all applications and employs through own recruitment process.

o Employer / Contractor provides monthly information as to the employment records of all those employed off the APR list to the GIPTN Management Unit.

All appointed (or sub-contracted) staff to have a personal file containing all information required for this contract and this will be made available to the GIPTN Unit Manager upon request in writing.

The Supplier is to make provision for a workforce that is able to comply with the requirements of this scope of works and be compliant with all relevant legislation. including a full-time Facilities Manager at Hub, supervisory staff and other staff.

The Supplier is to ensure compliance with all the relevant regulations, including those issued in regard to the Covid-19 pandemic. All employed Supplier staff should be COVID tested as may be required in terms of the published regulations and appropriate records of such testing to be maintained for inspection.

All Supplier personnel, as appropriate, to wear at all times when on duty a standard uniform. The uniforms are to be approved by the GIPTN Unit Manager with a provision for branding acknowledging the GO GEORGE system. The uniform is to be kept clean and neat and replaced as may be necessary when faded, spoilt, damaged or lacking professional appearance.

All calls made on landlines or mobiles in the designated precinct operational offices will be recorded in the occurrence / incidence book with relevant details (contact name, number, duration) to allow proper account reconciliation for audit purposes.

Under no circumstances may any Supplier personnel be in the possession of or under the influence of alcohol or any intoxicating substances when on duty.

4.3.1 Regular Inspections

The Supplier will, at times in conjunction with a GIPTN-authorised representative, conduct regular inspections of the precincts and the operational GIPTN network as follows:

Undertake twice monthly condition monitoring inspections of the designated precincts.

Undertake once-monthly condition monitoring inspections of the operational network facilities.

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Record details of any repairs, cleaning or maintenance required on facilities, paving, signage, dust bins, bus shelters (where provided) and street furniture. The following is required in this regard:

o Inspection of kerbs, sidewalks, bus stop signs and dustbins at all bus stop platforms.

o Detailed inspection of all bus shelters on the network, numbering between 100 and 200, with updated photographs to be included in the monthly reporting.

o The outcomes are to be communicated in a follow-up meeting with the GIPTN authorised representative and reported on in the monthly reporting.

4.3.2 Reporting Requirements

The Supplier will communicate on a daily basis, with the GIPTN Unit Manager or authorised representative on any issues that require immediate resolution.

The reporting methods and standards may be amended from time-to-time in terms of improvements made in the GIPTN systems.

A weekly meeting will be held with the GIPTN Unit Manager or authorised representative to provide feedback on the state of the precincts being cleaned and maintained. This meeting will address, inter alia:

o Cleaning issues to be addressed

o Security issues to be addressed

o Co-ordination requirements with Municipal departments

o Approvals for any specialist cleaning requirements

o Report back on any specialist cleaning requirements necessary, submission of proposals to address these requirements and the approvals to proceed

o Review of all defects requiring minor repairs, with approvals being motivated within budget constraints

o Recording of any incidents that preclude the Supplier of undertaking his responsibilities in terms of this contract

Detailed monthly reports associated with security, cleaning and maintenance activities are to be prepared for incorporation into the Facilities Manager’s monthly report which report shall be provided to the GIPTN Unit Manager seven days after the end of each calendar month along with the monthly invoice.

o The monthly management report will provide an overview of the services provided, labour employed, including those working for the sub-contractors, security incidents recorded, general cleaning and maintenance expenses

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incurred. It shall also document all issues raised both resolved and unresolved.

o Information to be included will be a list by persons, of all total monthly payments made to and days worked for the semi-skilled and unskilled, specifically those people employed from the APR.

4.4 Capacity building

4.4.1 Capacity Building Objectives:

Skills development forms an integral part of the GIPTN. Hence the Purchaser’s objectives for the capacity building component of this contract will be to equip the Supplier’s staff, as well as subcontractors and their staff with skills that can be used to gain meaningful future employment and secure subcontracting opportunities.

It is, therefore, a requirement of this contract that the Supplier provides adequate training, coaching, mentoring, skills transfer and development opportunities to the Targeted Labour and Enterprises to ensure skills development.

4.4.2 Target Audience

The target audience for the skills development will mainly be:

Supplier’s staff

Small and micro enterprises appointed as subcontractors

Subcontractor’s staff

4.4.3 Capacity Building Strategy and Implementation Plan

The Supplier will be required to develop a detailed capacity building strategy as well as an implementation plan of how the strategy will be rolled out. This strategy and implementation plan should cover all capacity building aspects such as training, coaching, mentoring, skills transfer and development. It should further also clearly detail how the capacity building objectives of the Purchaser will be addressed.

The capacity building strategy and implementation plan should be submitted to the GIPTN Unit Manager for approval within 6 weeks of the appointment of the Supplier.

4.4.4 Main Capacity Building Activities

4.4.4.1 Skills Audit

The Supplier should preferably identify and appoint candidates with some experience or skills in the service fields required for this contract. It is recommended

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that the contractor conduct some form of skills audit for this purpose especially for potential candidates from the APR. The skills audit should identify gap training and development requirements of potential or appointed employees and could be the basis from which the capacity building strategy and implementation plan is developed.

4.4.4.2 Training Interventions

Training interventions and training courses for the Supplier’s staff and subcontractors’ staff should firstly aim to equip workers to have an understanding of the GO GEORGE operations, the role and purpose of the facilities management services and the importance of their roles. It should further provide them with the skills to fulfil their duties sufficiently to ensure that the services provided by the Supplier are to the satisfaction of the Purchaser.

The training interventions together with work experience on the project should result in fulfilling the capacity building objectives of the Purchaser.

In light of the service requirements for this contract the Supplier may consider the following as training guidelines for the Supplier’s staff and subcontractors’ staff:

General Aspects

o Overview of the GO GEORGE operations

o General health and safety and security aspects

o Communication, customer care and people skills

o Basic fire fighting

o First Aid

Project Specific Aspects

o Facilities maintenance inspections and reporting

Cleaning Services

o Maintain health and hygiene of facilities

o Identify, collect, classify and handle waste

o Apply basic micro-biological principles in cleaning

o Use a high-pressure water jetting system to clean surfaces

o Cleaning of public ablution facilities

o Clean and disinfect operating and public facilities areas

o Operate and maintain various cleaning equipment

o Etc.

Guarding Services

o Apply legal aspects in a security environment

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o Conduct a security patrol in an area of responsibility

o Handle complaints and problems

o Perform hand over and take over responsibilities

o Conduct access and egress control

o Identify, handle and defuse security related conflict

o Etc.

Supervisory training

o Supervise employees

o Utilise individual skills

o Resolve industrial relation problems

o Resolve employee problems

o Employ work methods

o Communicate work targets

o Report on work progress

o Etc.

Technical skills in basic building and infrastructure maintenance and minor repairs training (If required)

Etc.

Please note that the above are only guidelines and that the Supplier should explore further possible required training interventions.

4.4.4.3 Enterprise Development

A requirement of this contract is that 30% of the value of the contract must be subcontracted to Targeted Enterprises. The development of Targeted Enterprises forms an important element of the capacity building objectives. The appointed Supplier will therefore be required to include an enterprises development component in its capacity building strategy and implementation plan.

Dependant on the subcontractor(s) appointed and their level of experience and skills, the enterprise development and capacity building may involve formal and or informal training. Aspects that could be covered as part of enterprise development may involve, but is not limited to the following:

Entrepreneurship and entrepreneurial qualities

Ability to start and run a business

Adapt to a changing business environment

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Identify, analyse and select business opportunities

Apply basic business concepts

Behave in a professional manner in a business environment

Legal and statutory requirements

Financial management

Management of resources

Etc.

4.4.4.4 Mentoring and Coaching

One important aspect that should be included in the enterprise development is mentoring and coaching. This aspect will fall under informal training or skills transfer and the Supplier should specifically indicate what the mentoring and coaching of the enterprises will involve and how it will be rolled out.

4.4.5 Accreditation Training

It is not an absolute requirement that all training courses should be SETA, QCTO or SAQA accredited. Accredited training would be preferable where applicable. However, since a combination of training interventions and activities might be necessary of which some may be project specific, and other informal, nonaccredited training will be allowed. In some cases, it may be the only possibility.

However, in consideration of the above, the Supplier’s main priority should be to adhere to the capacity building objectives of the Purchaser, as per clause 1.1.1 above, may it be accredited or nonaccredited, formal or informal training.

4.4.6 Specific Training Requirement (Develop, Qualify and Register Local Guards)

One specific capacity building output that will be required from the Supplier will be to train, qualify and register a minimum of 2 individuals, recruited from the APR or local community, as guards within the first eighteen months of the contract period. Proof of these individuals’ certification and registration with the PSIRA should be provided to the GIPTN Unit Manager.

4.4.7 Duration

The implementation of training should take place over the full duration of the contract, bearing in mind that the majority of the training will be informal experiential training.

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4.4.8 Training Implementation

Training implementation will be based on the approved capacity building strategy and implementation plan.

4.4.8.1 Formal Training

The Supplier shall obtain approval from the GIPTN Unit Manager for the rollout of each formal training component which is linked to the training budget.

After approval has been granted the Supplier shall obtain three (3) training quotations and submit these to the GIPTN Unit Manager for approval after which the training can commence.

4.4.8.2 Informal Training

Informal training as well as coaching and mentoring will also be implemented on the basis of the Capacity Building Strategy and Implementation Plan, but the Supplier will not need the approval of the GIPTN Unit Manager for commencement of these.

4.4.9 Training Budget

A provisional sum has been allocated in the pricing schedule for capacity building. This amount should cover the following specific aspects of the capacity building component of the contract:

4.4.9.1 Formal Training Costs

Direct formal training cost for training courses and interventions will be claimable from the capacity building provisional sum. The Supplier shall obtain 3 quotations for approved training courses and submit these to the GIPTN Manager for approval. Training conducted can then be claimed in the first monthly invoice after completion of the training.

A handling fee for direct training cost will also be claimable.

4.4.9.2 Training Venues

Direct costs for renting of training venues in cases where the Purchaser or the GIPTN Unit have no training venues available will also be claimable from the capacity building provisional sum.

The Supplier shall obtain 3 quotations and submit it to the GIPTN Unit Manager for approval. Training venue expenses can be claimed in the first monthly invoice after completion of the training.

A handling fee for expenses made for renting of training venues will also be claimable.

4.4.9.3 Other Training Costs

All other training costs such as informal training, mentorship and coaching should be included in the Suppliers pricing structure.

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4.4.10 Local Training Providers

The Supplier shall endeavour to appoint only local training providers for all formal training requirements. In the event that a local training provider for a certain training intervention is not available, the Supplier may source the services of training providers elsewhere on approval of the GIPTN Unit Manager.

4.4.11 Recordkeeping and Reporting

A record of progress on the development and training of staff as well as the enterprises is essential to the Purchaser. Frequent tracking on the progress of leaners and enterprises will happen by means of regular reporting by the Supplier.

The Supplier will be required to submit monthly training and capacity building reports to the GIPTN Unit manager. The report format and information to be provided will be communicated to the Supplier soon after appointment but could involve the following aspects:

Learner Information

Training conducted

Training Programme

Training Results

Attendance registers

Experiential training

Coaching and mentoring

Meetings and events

Training expenditure

Constraints and problems experienced

Narratives

Training QMS

Etc.

Due to the nature of informal training, specific achievement milestones for the informal training as well as for mentoring and coaching will have be addressed in the capacity building strategy and implementation plan. These milestones should be clearly measurable and monitored and should also be reported on monthly.

Reporting should be comprehensive and should cover all aspects of capacity building namely training of staff, development of enterprises, formal training, informal training, mentorship, expenditure, etc.

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4.5 Security Guarding Services

4.5.1 General Security Guarding Services requirements

The creation and maintenance of a safe and secure environment through visible policing and monitoring at the nine designated precincts primarily acting as a deterrent against crime and threats against bus passengers and GO GEORGE assets, responding to incidents through appropriate communication with the relevant authorities and maintaining of a good relationship with the public.

The protection of Municipal assets located within the designated precincts including the prevention of any form of graffiti application or littering.

The provision of suitably trained and qualified guarding personnel.

The provision of the appropriate level of supervision of all guarding staff deployed at all precincts.

The provision of alarms, communication means, monitoring and armed response for the facilities and staff, including guarding staff, at each of the precincts.

The performance of a security risk assessment each site at the beginning of the contract period and thereafter every six months.

The maintenance of appropriate records associated with the provision of guarding services.

4.5.2 Specific Security Personnel Requirements

The Supplier shall appoint at least one qualified supervisor with a valid Private Security Industry Regulatory Authority ("PSIRA") registration with a minimum of Grade B, armed response, PDP, fire arm competency certificate and at least 3 years of experience at this level in the industry. The Supervisor will report to the Facilities Manager, and shall be appointed in terms of the Private Security Industry Regulation Act 56 of 2001.

Security guard, either appointed or sub-contracted by the Supplier should be compliant with the terms of the Private Security Industry Regulation Act 56 of 2001 and registered with the Private Security Industry Regulatory Authority ("PSIRA"). Deviations from the Code of Conduct as prescribed by the Private Security Industry Regulating Authority will be regarded as extremely serious and may be regarded as sufficient reason to ask the Supplier to remove the guilty person permanently.

The Supplier shall, where applicable, provide proof of registration, qualifications and training in terms of the above requirement before the relevant Security Personnel commence duty.

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Security guards must not be lower than a Grade D level grading, and must have the relevant grading and accreditation for the type of guarding services required.

The Supervisor(s) and Security Guards must be remunerated based on the minimum prescribed PSIRA rates.

All the Supplier’s security personnel should be proficient in English, Afrikaans and / or Xhosa. Due to the nature of the GIPTN public transport service being provided it is important that all security guards are able to read, write and speak English.

The security official responsible for apprehending any person for any criminal activity will be expected to testify in court / disciplinary hearing.

All the Security Provider’s security personnel, either appointed directly by the Supplier or appropriately subcontracted, to be identifiable by a standard uniform (which shall not be a camouflage style) and a name tag as well as have on their person at all times, an up to date PSIRA registration card or a certified copy of the PSIRA certificate.

At all times supervisors and security guards must present an acceptable image/appearance which implies, inter alia, that they may not sit, lounge about, smoke, eat or drink while attending to people.

The security guards will work closely and co-operate with other security, law enforcement services/agencies or emergency services should any emergency, threat or critical situation arise.

4.5.3 Minimum Requirements of the Supplier

The Supplier must ensure that a representative of the Company or its owners are registered in terms of section 20 of the Private Security Regulation Act as a Supplier.

Neither the Security Provider company nor its owners or Directors should be under investigation which would preclude or prejudice its participation in the provision of this service.

4.5.4 Obligations of the Supplier

The provision, training and management of all security personnel / guards.

Monitoring and armed response support during operational hours.

The deployment of at least one security guard at all times at each designated precinct during the GIPTN hours of operation. The security guard is to maintain a roving presence within the designated precinct, ensuring that safe and secure environment is maintained within any incidents fully reported and recorded. Security guards should be strong enough to physically remove

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unwanted persons and be assertive enough to enforce the required security measures.

The required complement of security guards is maintained during the duration of the contract.

Up-to-date criminal background checks will be required to be provided to the GIPTN Unit Manager within thirty (30) days of commencing with the contract.

All security guards must have received appropriate security training, including, but not limited to, radio communications, basic firefighting and first aid training and be able to work independently. All security staff should be conversant with their legal rights and obligations in terms of the Control of Access to Public Premises and Vehicle Act 53 of 1985 as amended and the Criminal Procedures Act 52 of 1997 as amended.

Furnish a detailed schedule confirming the identities, police clearance and vetting confirmation of security guards that are to be deployed at the designated precincts.

o The schedule shall contain the first and last names, ID numbers, PSIRA numbers and grading. The schedule shall be made available to the GIPTN Manager within thirty (30) days of signature of the contract

o Should there be any changes to the list during the contract period, a revised schedule will be provided to the GIPTN Manager within forty-eight hours of such a change.

o The schedule will be re-confirmed on a monthly basis and be attached to the Supplier’s monthly management report.

o No new security guards will be deployed to any of the precincts without prior engagement with the GIPTN Manager or his authorised representative.

Equip all security personnel with equipment necessary to adequately perform their security functions, which shall include, but not be limited to:

o Uniforms (not camouflage) with provision for GO GEORGE branding identification

o Appropriate seasonal uniforms (including raincoats)

o Maglite torches plus chargers and spare batteries

o Two- way radios with earpiece and registered frequencies

o Pocket book

o Handcuffs

o Batons

o Smart phones capable of emails and Whatsapp for supervisors

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o Occurrence book per site

4.5.5 Hours of Security Guard Provision

Hours of security guard provision will be commensurate with GIPTN hours of operation, being from 05h00 until 21h00, seven days per week, or as otherwise agreed with the GIPTN Unit Manager

All security guards to report to work on time for their designated shift

The Supplier to make provision for appropriate transport to and from the designated precincts for all security guards

4.5.6 Security Guard Supervision

The Supplier is to provide at least one supervisor, appointed in terms of the Private Security Industry Regulation Act 56 of 2001 and registered with the Private Security Industry Regulatory Authority ("PSIRA"), to assume responsibility for the proper control over the appointed security guards and to carry out random visits that cover full operational hours, at least twice per guard shift to all precincts, which visits shall exclude the start and end of shifts and be recorded in the occurrence / incident book.

The Supplier will not hold the Purchaser or any of its delegated representatives liable for any injury or loss suffered by the Supplier’s security personnel in the execution of their duties,

Security guards shall not leave their area of responsibility without being properly relieved by another security guard. It is the Supplier's responsibility to ensure that the required security presence is maintained at all times during the required hours of operation

The Supplier is to ensure that proper shift changeover is conducted. A detailed handover schedule with appropriate signature provision is to be maintained.

Fully functional, serviced, licensed and insured vehicle/s, to allow random supervisor inspections of the satellite precincts and to transport security personnel to site.

No sleeping on duty will be permitted.

Remote panic buttons are to be provided to all security guards on duty, linked to a remote monitoring office with armed response provided to any panic situation. Armed response is to be at the scene of the panic signal within no longer than 15 minutes, unless extenuating circumstances can be successfully proved to the Purchaser. Armed response is to be the Supervisor or a similarly experienced and certified security guard, equipped with a vehicle and a firearm (9mm, or other as may be approved).

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Occurrence Book - the purpose of the occurrence book is to give an overall picture of activities and other occurrences at each site. Entries to include details of patrols undertaken, shift hand-overs, the issue and receipt of keys,the locking and unlocking of doors/gates, supervisor inspections and any unusual or occurrences requiring immediate attention.

A monthly detailed security related report is to be prepared for incorporation into the Facility Manager’s monthly report to the GIPTN Manager. The report will indicate:

o All incidents that have occurred during the month, the nature of the incident, to which body the incident was reported and any corrective or mitigating interventions that were implemented. A trend analysis will be provided of categorised incidents

o Personnel schedule

Weekly meetings to be held to review security related issues

4.5.8 Ad Hoc Security and Guarding Services

Provision will be made for ad hoc security and guarding services which the Supplier will be required to procure using a three-quote system. These services will be provided at the request of the GIPTN Unit Manager or authorised representative subject to the sourcing of three quotes and the signing of a Works Order by both parties. These as-and-when security and guarding services may include:

The provision of guard dogs or guards of higher grading.

Describing the scope of work and sourcing three quotes for the ad hoc security and guarding services required as noted in consultation with the GIPTN Unit Manager or authorised representative. The inclusive value will be a maximum of R30,000 or such quantum as mutually agreed to in writing (through an appropriate Works Order).

Evaluation of the quotations received and reporting thereon to the GIPTN Unit Manager or authorised representative

Once instructed to procure, manage and pay for the work and then report on completion of the work to the GIPTN Unit Manager or authorised representative and in the monthly reporting and the monthly meeting.

4.6 Cleaning Services

4.6.1 General Requirements

The scope of required cleaning services entails:

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Making provision for cleaning personnel to fulfil the cleaning requirements outlined.

Ensuring that all designated precincts are maintained in a clean and neat manner that adds value to the urban environments to enhance GO GEORGE passengers’ travelling experience.

The provision and management of cleaning staff that ensures that the transfer precincts are clean, free of litter and graffiti.

The provision and management of all cleaning materials and equipment required.

The Transport Hub precinct cleaning should be carried out twice daily between 08:00 and 10:00 and between16:00 and18:30.

The provision of cleaning services within the designated satellite precincts once a day.

All bus shelters should be cleaned once a month, with the cleaning date for each shelter recorded and provided in the monthly report.

Quarterly deep cleaning of all public transport building facilities, including the Transport Hub.

Ad hoc cleaning as required by the GIPTN Manager at bus stops, on bus shelters or on facilities located either within the designated precincts or elsewhere on the GIPTN route network. This will be subject to a Works Order signed by both parties, where the cleaning requirement has an inclusive maximum value of R10,000. These call-outs limited to a maximum of thirty(30) number per annum, inclusive of any specialist removal of graffiti within 24-hours of notification of such graffiti on Municipal assets within the designated precincts, including, but not limited to, buildings, facilities, bus shelters, street furniture and operational containers.

4.6.2 Specific Cleaning obligations

The Supplier will be provided with Manuals and Warranties for the Transport Hub (and other facilities, including those that could be constructed in the contract period) and will be responsible to report on the ending of warranty periods for equipment and furniture and ensure that all maintenance and cleaning is done in terms of the product warranties and manuals.

The provision of appropriate protective gear, including, but not limited to, eye goggles, masks, gloves, reflective bibs, shoes and rain-ware will be provided by the Supplier. All such equipment should be COVID compliant.

The Supplier will be responsible for the provision of the suitable and sufficient transport, cleaning material and relevant equipment to enable all precincts to be maintained in accordance with the agreed condition of cleanliness.

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The Supplier will provide all equipment necessary to comply with the cleaning requirements of all precincts. This includes the supply of all cleaning agents, toilet paper, soaps in dispensers, paper towels etc. in Hub and ops facility toilets. The Supplier is responsible to keep these locked and maintained.

Provision should be made for the servicing existing and future GIPTN operational containers and facilities within the designated precincts.

The Supplier will provide as “free issue” the toilet paper, liquid soap for all hand soap dispensers, plastic bags for waste disposal, 40 micron plastic bags for external litter / refuse bins, cleaning material necessary to enable the cleaning requirements and all required cleaning equipment. All required cleaning material and equipment will be required to be transported to site.

The Supplier will need to ensure that all cleaning material and equipment used is not dangerous to people’s health and does not damage the surfaces of the facility being cleaned, with damaged equipment and facilities to be replaced by the Supplier. The Supplier will provide the GIPTN Manager for approval before the start of the services a detailed list of the products used, their specifications, and method statements for the cleaning activities. This will be required to be complied with at all times, unless agreed otherwise.

4.6.3 Daily Cleaning Requirements for the Cradock Street Transport Hub Precinct

Daily cleaning of all general public areas twice-a-day, under supervision, Monday to Friday between the hours of 08:00 and 10:00 and16:30 to 18:30, within the Cradock Street Transport Hub building including floors, walls, columns, structural steel, tiles, sinks, cupboards, countertops, kitchen equipment, windows and doors

Daily cleaning of the operational offices and ticket office once-a-day, under supervision including floors, tiles, sinks, cupboards, countertops, kitchen equipment, windows and doors.

Daily cleaning, under supervision, of all toilet facilities within the Cradock Street Transport Hub building between the hours of 08:00 and 18:30 including the cleaning and disinfecting of toilet bowls, urinals (including the provision of p-mats in urinals), floors, tiles, basins, mirrors, soap dispensers, walls, doors and windows, the provision of toilet paper and secure toilet paper dispensers in all cubicles (including a spare toilet roll). Note that the public toilets are well-utilised and must be kept clean and well maintained at all times. At no time must there be evidence of any foul or dirty odours, or any build-up of dirt and grime.

All street furniture within the Transport Hub building space will require daily cleaning including the removal of all bird droppings, spider webs, and dirt markings

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The transport hub ground level (See Figure 12 below) will require to be swept on a daily basis, with the removal of all litter, emptying of all litter bins and general washing down of all areas where necessary. Figure 13 indicates the elevations that would need to be cleaned.

The ongoing removal, on a daily basis, of general litter and / or general debris, the servicing of litter / refuse bins and bus stop areas within the precinct as well as from the broader precinct area (Figure 3

) through a constant picking up of all loose and windblown litter.

Figure 12 Cradock Street Transport Hub Ground Floor Plan

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Figure 13 Cradock Street Transport Hub Elevations

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4.6.4 Quarterly Deep-Cleaning of the Transport Hub

Quarter-yearly cleaning, under supervision, of the overhead steel structure, gutters, exterior façade and internal and external signage; including working at heights and using equipment that complies with all relevant legislation.

All windows and glazing, of various heights, to be washed with de-ionised water.

The anti-bird mesh screens are to be broomed and scrubbed with minimal water so as to prevent damage to ceilings within the building.

High-pressure water cleaning of the entire structure, ensuring water is not sprayed onto ceilings or other areas that may be water-damaged This will include:

o rough-plastered and painted brickwork walls;

o rainwater gutters, ensuring that they are clean and free of debris; and

o brickwork paving within the “horseshoe” on which the building is situated.

Toilet blocks and staff room to be cleaned thoroughly with chlorine-based cleaning solution to ensure hygienically clean. This is to include all ceilings, walls, floors, doors, fittings and plumbed toilet accessories.

All cleaning work needs to be done in a manner that prevents any member of the public getting wet or being exposed to the cleaning materials. Toilet cleaning in each bock to be done one block at a time, where the other block allows public access to the toilets one-person at a time. The Supplier will need to ensure that their staff controls the use of the open toilet block whilst the other block is being deep-cleaned. Further each block may be closed for a maximum of 2 hours for the deep cleaning, during off-peak travel periods, and so must be resourced appropriately.

4.6.5 Cleaning requirements for the designated Satellite precincts

Daily internal cleaning, under supervision, Monday to Friday between the hours of 08h00 and 17h00, of each of the precinct operational office containers.

Monthly cleaning, or in response to specific graffiti application, of the exterior of each precinct ticket office and operational container offices.

The daily cleaning of the chemical toilets near the ticket office and operational office containers, including the replacement of all chemicals required to ensure a hygienic toilet and includes the removal of any residual waste.

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Supervisors and cleaning staff are required to be available to clean the facilities according to requirements set out in this scope of works daily between the hours of 08h00 – 17h00, including public holidays, subject to all statutory labour requirements.

Rostering of staff to facilitate this requirement to be the responsibility of the Supplier.

Supervision of the cleaning staff will be “hands-on” at all times

All bus stops areas, within the designated precincts, will be comprehensively cleaned at least once per day.

No litter should be evident during the operational hours of the bus service

All refuse and waste material will be disposed of at a designated official MoG refuse site for which permission to use will be obtained from the relevant MoG departments. No refuse or waste will be deposited in any road drainage system or any unapproved location.

All graffiti on MoG buildings (Cradock Street Transfer Hub), or facilities, including bus shelters and operational containers, shall be removed within 48 hours of reporting or instruction to remove.

Where the removal of graffiti that has been applied to GIPTN buildings, facilities or street furniture requires specialist removal treatment, this requirement will be escalated to the GIPTN Manager, or representative, and removal should ensure that the facility or building element is returned to its original state.

Should a building or facility element, that cannot be adequately cleaned and require replacement, then the replacement element may be provided through the maintenance minor works service of this contract, with the approval of the GIPTN Manager or authorised representative.

4.6.6 Cleaning of bus stop platforms and shelters outside of designated precincts

Bus stop platforms located outside of the designated precincts without a permanent / temporary shelter are required to be cleaned once a month. The envisaged maximum number of bus stop platforms without shelters to be cleaned per month (outside of the designated areas) will be agreed with the GIPTN Unit Manager at the monthly meetings that are held but shall not be fewer than 250.

Bus stop platforms located outside of the designated precincts with a permanent / temporary shelter are required to be cleaned once a week, noting that the interval of cleaning may be adjusted to longer if it is deemed appropriate to do so. The envisaged maximum number of bus stop platforms with shelters to be cleaned per month (outside of the designated areas) will be

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agreed with the GIPTN Unit Manager at the monthly meetings that are held but shall not be fewer than 150.

The area of the bus stop platform, for the purpose of this cleaning requirement, constitutes a maximum platform area of 6mx3m plus the paved ramps on either side of the platform (where these are provided). This cleaning will entail ensuring that the paving is free of all debris, dirt and encroachment growth. Provision should be made, where necessary, for the removal of all debris from the platform location(s).

A mobile cleaning team with necessary supplies and equipment as well as a facility to remove debris will be required for the provision of these services.

All non-GO GEORGE stickers and marks that can be removed from shelters or other facilities with a soapy solution or acetone to remove glue residues, will be removed and cleaned.


A monthly detailed cleansing report must be provided for incorporation into the Facilities Manager’s monthly report. This report should provide an overview of the services provided as well as minor works and repairs expenses incurred.

4.7 Ad Hoc Minor Works Maintenance Services

Provision will be made for ad hoc minor works maintenance which the Supplier will be required to procure using a three-quote system. These minor works maintenance services may include:

Ad hoc maintenance or minor repairs required by the GIPTN Unit Manager at bus stops, on bus shelters or on facilities located within the GIPTN network.

Describing the scope of work and sourcing three quotes for the maintenance or repair of the defects noted in condition monitoring inspections in consultation with the GIPTN Unit Manager or authorised representative. The inclusive value of this repair/maintenance will be a maximum of R10,000 or such quantum as mutually agreed to in writing (through an appropriate Works Order), to a maximum of 20 call-outs per annum unless otherwise agreed to in writing by both parties.

Evaluation of the quotations received, reporting and motivating appropriately thereon to the GIPTN Unit Manager or authorised representative.

Once instructed, to procure, manage and pay for the work and then report on completion of the work to the GIPTN Unit Manager or authorised representative and in the monthly reporting and monthly meeting.

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4.7.1 Specific Ad Hoc Minor Works Maintenance requirements

The type and extent of minor works maintenance will be agreed with the GIPTN Unit Manager, or his authorised representative

The Supplier will monitor the condition of public transport buildings, facilities, containers, sidewalks, bus shelters and street furniture within the designated precincts and around the network

Any change in these conditions due to wear and tear, accidents, graffiti removal, or any other factor leading to a deterioration of the condition of the element, will be noted in a Minor Works Maintenance schedule

The Minor Works Maintenance schedule will be discussed weekly with the GIPTN Unit Manager or authorised representative to determine the appropriate maintenance / minor works repair requirements before any authorisation to incur costs is given and after establishing if any warranties apply

Any minor works maintenance or repair to buildings, facilities, containers, sidewalks, bus shelters and street furniture shall maintain the same standard of workmanship and make use of the same or similar materials as used in the original

Ad Hoc maintenance or minor repairs as required by the GIPTN Unit Manager at bus stops, on bus shelters or on facilities not located within the designated precincts, subject to three quotes and a Works Order signed by both parties. The maintenance or minor works requirement has a maximum inclusive value of R10,000 with such callouts limited to a maximum of twenty (20) number per annum, unless otherwise agreed to in writing by both parties

The ad hoc supply and installation of new bus stop signage or replacement bus stop signage as required by the GIPTN Unit Manager at bus stops located within as well outside of the designated precincts, subject to:

o The signage specification as provided by the GIPTN Unit Manager is used to obtain appropriate quotes, which shall be submitted to the GIPTN Unit Manager for approval and

o a Works Order signed by both parties, for the ad hoc provision and / or replacement of bus stop signage.

o Additional signage, over and above that indicated, to be at the discretion of the GIPTN Unit Manager subject to (a) and (b) above


The Supplier will communicate on a daily basis, with the GIPTN Unit Manager or his authorised representative on any issues that require immediate resolution

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Regular weekly meetings will be held with the GIPTN Unit Manager or his authorised representative to provide feedback on the minor works and repairs status and ongoing requirements associated with the precincts being monitored and maintained. These meetings will address, inter alia:

o Maintenance and minor repairs to be addressed

o Co-ordination requirements with Municipal departments

o Approvals for any minor works or repairs subject to the value threshold that is agreed to or mutually amended in writing

o Reporting back on any repairs or infrastructure improvements deemed to be necessary, that fall outside a minor works or repair response

o Review of all defects requiring minor repairs, with approvals being motivated within budget constraints

o Recording of any incidents that preclude the Supplier of undertaking his responsibilities in terms of this contract

A monthly detailed report must be provided for incorporation into the Facilities Manager’s monthly report. This report should provide an overview of the services provided as well as minor works and repairs expenses incurred

A schedule of all minor works or repair issues and status register is to be maintained.

4.8 Ad Hoc Garden Services

Provision will be made for ad hoc garden services which the Supplier will be required to procure using a three-quote system. These services will be provided at the request of the GIPTN Unit Manager or authorised representative subject to the sourcing of three quotes and the signing of a Works Order by both parties. These as-and-when garden services may include:

General maintenance of any landscaping and removal of debris within the GIPTN network including cutting grass, weeding of areas and trimming of trees and bushes

Describing the scope of work and sourcing three quotes for the ad hoc garden services required as noted in condition monitoring inspections in consultation with the GIPTN Unit Manager or authorised representative. The inclusive value will be a maximum of R10,000 or such quantum as mutually agreed to in writing (through an appropriate Works Order), to a maximum of 20 callouts per annum unless otherwise agreed to in writing by both parties

Evaluation of the quotations received and reporting thereon to the GIPTN Unit Manager or authorised representative

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Once instructed to procure, manage and pay for the work and then report on completion of the work to the GIPTN Unit Manager or authorised representative and in the monthly reporting and the monthly meeting

4.8.1 Specific gardening services

Where requested by the GIPTN Unit Manager or his authorised representative, the Supplier will arrange for the cutting of specific grass areas surrounding bus stops within non-designated areas as and when required; all grass edges to be neatened off with a weed-eater and made clean with a blower

All ad hoc weeding and cleaning of existing landscaping or landscaping introduced by the Municipality associated with bus stops within the non-designated precincts during this contract period will be co-ordinated with the MoG Department of Environmental Services

No replacement of landscaping planting will be required to be provided for

Ad hoc garden services provision as required by the GIPTN Unit Manager at bus stops not located within the designated precincts, subject to a Works Order based upon a submitted quotation, signed by both parties with such call outs limited to a maximum of twenty (20) number per annum to a maximum amount of R5000-00 each

A monthly detailed report must be provided for incorporation into the Facilities Manager’s monthly report. This report should provide an overview of the services provided as well as minor works and repairs expenses incurred.

4.9 Provision of satellite container offices

The Supplier is to make provision for the supply of suitably equipped and fully functional satellite container offices at the sites agreed with the GIPTN Manager or authorised representative.

At designated precincts (eight number), other than the Cradock Street Transport Hub, the Supplier is to establish, provide, install, maintain, secure and clean facilities for the purpose of operational staff on the GIPTN or GO GEORGE network. This will include staff of the bus operator, including bus drivers and route controllers, municipal staff, and staff of other Suppliers.

The establishment is to include for all approvals, construction, transport, installation and related costs. The Supplier will not be expected to supply electricity but have the electrical connection available for a municipal connection. The Supplier is to maintain the facility in a state of good repair. This will include daily unlocking and of the facility at 05:00 and locking of the

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facility at 21:00, with a security guard stationed there throughout the day to ensure that the facility is safe and only used by authorised staff.

At most of the precincts the perimeter of the operational facility is already fenced. At some of the precincts a new fenced area with 2.1m high clear view fine mesh fencing is to be provided around the perimeter of the facility.

o A secure access gate of 1m width is to be included and kept locked at night. An alternative of a 5m long lockable sliding gate that is manually operated is also to be allowed for.

o The fence must be placed such that it is a minimum of 1m away from any structure or tree all-round.

o The fence layout will be agreed beforehand with the GIPTN Unit Manager or authorised representative.

o The fence is to include anti-climb spikes along the top of the entire fence and access gate. The fence poles must be planted at least 600mm deep in concrete, and the Supplier must ensure that it is maintained in a good state of repair.

o The installed fencing and gates will remain the property of the Municipality at the end of the contract and removal thereof may be required with the fencing to be delivered to a storage facility within George.

The 6m long office container is to be an insulated unit with a clean vinyl floor, lockable entrance door and at least two securitised windows. The office container is to include:

o Power plug points (x4), with an external power box that can be connected to a municipal connection.

o Accommodate three small desks,

o Six chairs

o Cupboard

o Air-conditioner (if the container is able to accommodate)

o External lights

o Internal lights

o An alarm system with internal sensor and a remote panic button system that is radio-linked to a monthly security monitoring and armed response service.

o Securitised door and windows (for instance lockable steel shutters over these access points)

At some precincts a solid treated wooden pole may need to be installed vertically extending at least 5m above the ground. This pole is to be planted in

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the ground in concrete at least 1m deep and will be utilised for the mounting of lighting and telecommunication equipment

The mobile toilet unit is to be a self-standing plastic portable and flushable chemical flush toilet with a wash-hand basin that is well-maintained and be cleaned in COVID compliant manner. The toilet is to be placed on a constructed 150mm thick concrete base of dimensions 2m by 2.5m.

The toilet must be kept clean and serviced with necessary facilities (toilet paper and hand soap) at all times. The servicing of the toilet waste must occur at least twice a week, but more often if the demand requires it.

The fitted alarm system is to include at all times a remote panic button that is kept with the Supplier’s staff member at the facility during operational hours. The alarm is to be connected at all times to a security Supplier for monitoring and armed response. All incidents and call outs will need to be included in the reporting to the GIPTN Unit Manager or authorised representative

The facility will be removed at the end of the contract period, or as and when instructed, at the cost of the Supplier

See indicative layout plan in Figure 14 below

Figure 14 Indicative layout plan for placement of satellite operational container offices (final placement subject to each precinct constraints)