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REQUEST FOR PROPOSAL FOR THE APPOINTMENT OF A DEVELOPER FOR A TURNKEY SOLUTION IN HARRISMITH INTABZWE CORRIDOR

PROPOSAL NO: RFP-HS-B01/2017/2018

(FREE STATE)

TENDER SUBMITTED BY:

Name of Company: ___________________________________________

Contact Person: ___________________________________________

CSD Registration No: ___________________________________________

Contact Numbers: Cell _______________________Tel_________________

E-mail: ___________________________________Fax__________________

Project Description CIDB Grading

SCM: ENQUIRIES TECHNICAL ENQUIRIES

Contact person: Mr L. Mofokeng

Tel: 051 403 3648

Fax: 051 403 3993

E-mail: [email protected]

PO Box 211

Bloemfontein

CLOSING DATE: 19 September 2017

Chief Director: PMU

Mr. F. Tokwe

Tel: 051 403 3825

E-mail: [email protected]

Contents

Number Heading

THE TENDERPart T1: Tendering procedures

T1.1 Tender notice and invitation to tender

T1.2 Tender data

Part T2: Returnable documents

T2.1 List of returnable documents

T2.2 Returnable schedules

THE CONTRACTPart C1: Agreements and Contract dataC1.1 Form of offer and acceptance

C1.2 Contract data

Part C2: Pricing dataC2.1 Pricing Assumptions

C2.2 Pricing Data

Part C3: Scope of workC3 Scope of work

Tender 2 of 63

Reference no . . . . . . . . . . . . . .

THE TENDERPART T1: SUBMISSION PROCEDURES

DETAILED TERMS OF REFERENCEREQUEST FOR PROPOSAL FOR THE APPOINTMENT OF A DEVELOPER ON A TURNKEY SOLUTION IN HARRISMITH INTABZWE CORRIDOR.

1. BACKGROUND

The development is located between the Harrismith CBD and Intabazwe 42nd Hill (existing township) and it is zoned for, residential (full title and high density), waste dump, sports centre, service industries, primary school, secondary school, court and medical centreThe project entails 1 458 land parcels/erven numbered 3 458-4 915 and Streets situated on Portion 186 of the Farm Dorps Groden van Harrismith 131: Owner of Land – Maluti A Phofung Local Municipality. The land availability of this parcel was handed over to the Department of Human Settlements. All the 350 are fully serviced stands and partially vandalized Bulk infrastructure available for all 1 458 stands but no reticulation on the 1 078 stands

2. OBJECTIVES

Mixed use development must comprise of: Low income Middle income houses Middle to High income The proposed development should consist of social recreational facilities.

The Land Availability Agreement will entail the following provisions:a. The land ownership is not transferred from the Municipality, i.e. the Municipality remains

the owner; b. As the developed units are sold, the Municipality obtains an agreed to rate per square

meter rate, which is essentially the proceeds for disposal of land as the residential units are sold;

c. The Municipality would enter into negotiations on making available incentives for such developments in lieu of the infrastructure that may be required for the development;

The company, consortium or joint-venture bidding should have capacity of a 7CEPE and 7GBPE minimum CIDB Grading with NHBRC

Tender 3 of 63 E1.1 Part T1: Submission Procedures Tender Notice and InvitationReference no . . . . . . . . . . . . . .

3. PROJECT LOCATION

The development is located between the Harristmith CBD and Intabazwe 42nd Hill (existing township)

4. MOTIVATION

The motivation of this Request for Proposal is to develop the Intabazwe area and create affordable housing for the working class people in the area. The proposal will be at no cost to the state for the provision and delivery of housing and internal water and sewer reticulation on this land parcel.

5. ENQUIRIES & RESPONSES

All Enquiries regarding this proposal should be submitted in writing to [email protected]

6. MEDIUM OF COMMUNICATION

All documentation submitted in response to this RFP must be in English.

7. VERIFICATION OF DOCUMENTS

Respondents should check the numbers of the pages to satisfy themselves that none are missing or duplicated. No liability will be accepted by the Department in regard to anything arising from the fact that pages are missing or duplicated.

8. COMPULSORY CLARIFICATION MEETING

a. A compulsory clarification meeting/ Site visit will take place at Cnr. Warden and Southey Streets, Harrismith Town Hall, Harrismith on 31 August 2017 , starting at 11h00.

b. Failure to attend this clarification meeting will lead to disqualification.

9. SUBMISSION OF PROPOSAL

Proposals should be submitted at OR Tambo Building (in the tender box, Floor 7, on the foyer) at the address mentioned below. It is the responsibility of the prospective supplier to ensure that the proposal is deposited in the tender box before 11h00 on 19 September 2017.

O R Tambo House, Cnr Markgraaff and St Andrews Streets, Bloemfontein, 9300


If a courier service company is being used for delivery of the proposal document, the tender description must be endorsed on the delivery note/courier packaging to ensure that documents are delivered to the tender box, as mentioned above.

10. GENERAL RFP TERMS AND CONDITIONS

a. Where a proposal is not received by the Department in the tender box by the closing date and time, it will be regarded as a late proposal and thus it will not be considered.

b. The Respondent shall not assume that information and/or documents supplied to the Department, at any time prior to this request, are still available to the Department, and shall

c. Consequently not make any reference to such information document in its response to this request.

d. The Respondent is responsible for all costs incurred in the preparation and submission of the proposal.

e. A copy/ies of any affiliations, memberships and/or accreditations that support your submission must be included in the proposal.

f. Kindly note that the Department is entitled to :i. Amend any RFP conditions, validity period, specifications, or extend the closing

date and/or time of these RFP before the closing date. All Respondents to whom the RFP documents have been issued, will be advised through the appropriate media platform, e.g. eTender portal or through email those service providers who shall attended the compulsory briefing session, of any such amendments in good time;

ii. Verify any information contained in a proposal;iii. Not to appoint any bidder;iv. Vary, alter, and/ or amend the terms of this RFP, at any time prior to the

finalisation of its adjudication hereof.g. An omission to disclose material information, a factual inaccuracy, and/ or a

misrepresentation of fact may result in the disqualification of a proposal, or cancellation of any subsequent contract.

h. The Department also reserves the right to award this RFP to:-i. An organisation that has strong B-BBEE credentials in terms of current BBBEE

legislationii. An organisation that is a joint venture with a black empowered company.iii. B-BBEE status will be considered as part of the evaluation criteria when

evaluating the proposals.i. The Department also reserves the right to award this RFP as a whole or in part without

furnishing reasons.j. The Department also reserves the right to cancel or withdraw from this RFP as a whole

or in part without furnishing reasons and without attracting any liability


k. The Respondent hereby offers to render all of the services described in the attached documents (if any) to the Department on the terms and conditions and in accordance with the specifications stipulated in this RFP documents (and which shall be taken as part of, and incorporated into, this proposal at the prices inserted therein).

l. This proposal and its acceptance shall be subject to the terms and conditions contained in this RFP document.

m. Proposals submitted by companies must be signed by a person or persons duly authorised thereto by a resolution of a Board of Directors.

n. The Respondent shall prepare for a possible presentation should the Department require such and the Respondent shall be notified thereof no later than 4 (four) days before the actual presentation date.

11. CONTRACTING DATA

a. Standard Professional Services.b. The conditions applicable to this Contract are the Standard Professional Services

Contract (July 2009 edition) published by the Construction Industry Development Board (CIDB).

12. SERVICE LEVEL AGREEMENT

A Service Level agreement will be entered into with the successful bidder. Skills transfer Plan will be part of the Service Level Agreement

13. LEGISLATION AND STANDARDS

a. It is the expectation of the Department that the bidder is familiar with all legislations and standards applicable to this Bid, including the following:

i. Cost Control measures for the construction of new primary and secondary schools and the provision of additional buildings at existing schools,

ii. The National Treasury’s Standard on Infrastructure Procurement and Delivery Management System (SIPDM),

iii. Public Finance Management Act, act no 1 of 1999,iv. Preferential Procurement Regulations of 2017,v. The CIDB Act, act no 38 of 2000,vi. All the relevant Legislations, Treasury Regulations, Circulars, and Instruction

Notes.

14. MANDATORY REQUIREMENTS


Failure to adhere to any of the below mandatory requirements will lead to disqualification.

a. A valid Tax Clearance Certificate, or a unique security Personal Identification number (PIN) issued by the South African Revenue Services (where Consortium / Joint Venture / Sub-

b. Contractors are involved, each party to the association must submit a separate Valid Tax Clearance Certificate or a unique security personal Identification number).

c. Central Supplier Database (CSD) registration report must accompany this bid.d. A Municipal services (water, sanitation, rates and electricity) clearance certificate or

Lease Agreement with a Current Bill of Account not owing more than Ninety (90) days.e. Certified copy of BBBEE certificate must accompany this bidf. A valid Attendance Certificate issued at the Compulsory Clarification Meeting must be

attached to each Bid Document. g. Certified copy of company registration Certificate.h. Certified copy of ECSA certificate.i. Certified copy of NHBRC.j. Certified copy of valid CIDB grading of 7 CE PE and 7 GB PE.k. Company/ Business profile must accompany this bid.l. Joint venture agreement (if the tenderer is a joint venture), and Combined Certified

copy of B-BBEE status level certificate all entity entered in to the agreement.m. Letter of intent for project funding from a credible financial institution.


15. EVALUATION CRITERIA – FUNCTIONALITY

Bidders must achieve a minimum of 75 points of the functionality points to be considered for further evaluation.

No Activity Maximum points

1 Free State Based Suppliers:Proof indicating that Municipality rates are up to date which is not in arrears than three months ( valid proof of residential address must be attached )

I. Free State BasedII. South African Based

III. Non South African

10

2 Experience:

Demonstrated experience in infrastructure projects and built environment of development company or JV partner or consortium partner.

Development project to the value of:

I. R 100 million or moreII. R 50 and R 100 million

III. R 25 and R 50 million

Attach completion certificates or running contracts

20

3 Key Staff: years of experience or more for professional proposed with CV, qualification and (professional registration)

30

4 Technical Proposal based on mixed developments

Business plan Financial model Project implementation plan

40

Total 100


The department has discretion to invite the bidders to the interview and the following criteria will be used:

Presentation and Interviews

The evaluation criteria shall be scored independently by not less than three evaluators in accordance with the following schedules:

Evaluation Schedule 1: Business Plan Evaluation Schedule 2: Financial Model Evaluation Schedule 3: Experience of Key Staff Evaluation Schedule 4: Tenderer’s Experience Evaluation Schedule 5: Project Implementation Plan

The scores of each of the evaluators will be averaged, weighted and then totalled to obtain the final evaluation score.

The prompts for judgment and the associated scores used in the evaluation of quality shall be as follows:

Score Prompt for judgement

0 Failed to address the question / issue

2 A detrimental response / answer / solution – limited or poor evidence of skill / experience sought or high risk that relevant skills will not be available

4 Less than acceptable – response / answer / solution lacks convincing evidence of skill / experience sought or medium risk that relevant skills will not be available.

6 Acceptable response / answer / solution to the particular aspect of the requirements and evidence given of skill / experience sought

8 Above acceptable – response / answer / solution demonstrating real understanding of requirements and evidence of ability to meet it.

10 Excellent – response / answer / solution gives real confidence that the Tenderer will add real value.

The scores of each of the evaluators will be averaged, weighted and then totalled to obtain the final score for quality.


RETURNABLE DOCUMENTS

The following documents must be included in the proposal: (a) Company Profile(b) Curriculum Vitae clearly showing all the relevant qualifications and applicable

certificates of key personnel which will be allocated to this project/s.(c) Completed and signed Annexure A, B, C and D as per the provisions of Standard

for Infrastructure Procurement and Delivery Management.

(d) The above is in addition to specific information requested in the RFP document regarding skills, areas of competence, technical expertise, etc.

16. CONCLUSION

Failure to comply with any of the terms and conditions as set out above will invalidate the Proposal.

The Department’s decision on proposals received shall be final and binding

T1.1 Tender Notice and Invitation

THE FREE STATE DEPARTMENT OF HUMAN SETTLEMENTS request Tender proposals for the appointment of a Developer on a Turnkey solution in Harrismith Intabazwe Corridor.

The physical address for collection of Tender documents is at Department of Human Settlements, O.R Tambo House, Corner Markgraaf and St. Andrew Streets Bloemfontein 9301 email: [email protected]

Documents may be collected during working hours after 08:00 on 16:00.

A non-refundable document deposit of R1 282-00 payable in cash or by bank guaranteed cheque made out in favour of the Employer is required on collection of the documents. Please be advised that the bid documents can also be downloaded from the etender portal at www.etenders.gov.za at no cost.

Each tender must be submitted in a clearly marked sealed envelope, addressed to:Supply Chain ManagementO.R Tambo Housec/o Markgraaf and St Andrew Streets;Floor 7, FoyerBloemfontein


http://www.etenders.gov.za/

Queries relating to the issue of these documents may be addressed to the following officials:

SCM related enquires:

Mr. L. Mofokeng on the email –: [email protected] 051-403 3648

Technical related enquiries

Mr. F. Tokwe - 051 403 3825

Tenders Proposals may only be submitted on the documentation that is issued out by the Department.

Requirements for sealing, addressing, delivery, opening and assessment of Tenders Proposals are stated in the Tender Data.


mailto:[email protected]

T1.2 Submission DataThe conditions applicable to this call for expressions of interest are the Standard Conditions for the calling for Expressions of Interest as contained in Annex H of the CIDB Standard for Uniformity in Construction Procurement (January 2009) as published in Government Gazette No 31823, Board Notice 12 of 2009 of 30 January 2009. (See www.cidb.org.za).

The Standard Conditions for the calling for Expressions of Interest make several references to the Submission Data for details that apply specifically to this submission. The Submission Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions for the calling for Expressions of Interest.

Each item of data given below is cross-referenced to the clause in the Standard Conditions for the calling for Expressions of Interest.

Clause number Submission Data

H.1.1 The employer is:Department of Human Settlements

H.1.2 The documents associated with the calling for expressions of interest issued by the employer comprise:Part T1: Tendering proceduresT1.1 Tender notice and invitation to tenderT1.2 Tender dataPart T2: Returnable documentsT2.1 List of returnable documentsT2.2 Returnable schedulesTHE CONTRACTPart C1: Agreements and Contract dataC1.1 Form of offer and acceptanceC1.2 Contract dataPart C2: Pricing dataC2.1 Pricing AssumptionsC2.2 Pricing DataPart C3: Scope of workC3 Scope of work

Tender 12 of 63 E1.2 Part T1: Submission Procedures Submission DataReference no . . . . . . . . . . . . . .

H.2.1 Only those Tenderers who satisfy the following eligibility criteria are eligible to submit expressions of interest:1) Mandatory Requirements:

a) A valid Tax Clearance / Compliance Certificate, or a unique security Personal Identification number (PIN) issued by the South African Revenue Services (where Consortium / Joint Venture / Sub-contractors are involved, each party to the association must submit a separate Valid Tax Clearance / Compliance Certificate or a unique security personal Identification number).

b) Submit a valid proof of registration of the National Treasury`s Central Supplier`s Database;

c) Supply municipal services (water, sanitation, rates and electricity) clearance certificate or Lease Agreement with a Current Bill of Account not owing more than ninety (90) days, (Preference will be given to service providers based in the Free State);

d) Proof that the managing member(s) with relevant experience of the business/practice are fully involved in the operations of the consultancy business (supporting documents must be provided);

e) Have completed the Compulsory Enterprise Questionnaire and who are considered by the Employer not to have any conflicts of interest which may impact on their ability to perform the proposed contract in the best interests of the Employer or potentially compromise the tender process and are free of persons in the state who are not permitted to submit tenders or to participate in the contract;

f) Service provider who are registered and in good standing with the compensation fund or with a licensed compensation insurer;

g) Service Providers who do not have any of their directors/shareholders is not 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;

h) Service Providers who have not abused the Employer’s Supply Chain Management System or have failed to perform on any previous contract and have been given a written notice to this effect;

i) Attendance of the compulsory clarification meeting

2) Other Requirements

j) Joint Venture or Consortium submissions are eligiblek) Entities Registered with the Companies & Intellectual Property Commission (CIPC)l) BBBEE Verification Certificate obtained from an entity registered with SANAS or

ABVA preferable Level Four Contributor and above.m) Not appearing on the National Treasury's list of black listed entitiesn) CV’s of key personnel in the company including the managing membero) 5 year Management of Small Medium Micro Enterprise Empowerment Programmep) Director of company must be registered with Engineering Council of South Africa

(ECSA).

H.2.5 Compulsory clarification meeting will be held for this bid.

H.2.5 The arrangements for a compulsory clarification meeting are as stated in the Notice and Invitation to Submit a Tender.

Tenderers must sign the attendance list in the name of the responding entity. Addenda will be issued to and submissions will be received only from those responding entities appearing on the attendance list.


H.2.7 The employer’s address for delivery of submissions and identification details to be shown on each submission package are:

Department of Human SettlementsLocation of Tender box: [O.R Tambo House, Floor 7, FoyerPhysical address: O.R Tambo House, Corner Markgraaf and St. Andrew Streets, Bloemfontein 9301Identification details: Tender reference number, RFP – HS-B01/2017/2018 and the closing date and time of the Tender : 19 September 2017 at 11h00.

H.2.9 The closing time for submissions is as stated in the Notice and Invitation to Submit a Tender.

H.2.9 Telephonic, telegraphic, telex, facsimile or e-mailed submissions offers will not be accepted.

H.3.3 Late submissions will be disqualified


H.3.9 1) Bid Evaluation Stage 1

All Tenderers who submit responsive submissions and:

1) Mandatory Requirements:

a) A valid Tax Clearance / Compliance Certificate, or a unique security Personal Identification number (PIN) issued by the South African Revenue Services (where Consortium / Joint Venture / Sub-contractors are involved, each party to the association must submit a separate Valid Tax Clearance / Compliance Certificate or a unique security personal Identification number).

b) Submit a valid proof of registration of the National Treasury`s Central Supplier`s Database;

c) Supply municipal services (water, sanitation, rates and electricity) clearance certificate or Lease Agreement with a Current Bill of Account not owing more than ninety (90) days, (Preference will be given to service providers based in the Free State);

d) Have completed the Compulsory Enterprise Questionnaire and who are considered by the Employer not to have any conflicts of interest which may impact on their ability to perform the proposed contract in the best interests of the Employer or potentially compromise the tender process and are free of persons in the state who are not permitted to submit tenders or to participate in the contract;

e) Service provider who are registered and in good standing with the compensation fund or with a licensed compensation insurer;

f) Service Providers who do not have any of their directors/shareholders is not 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;

g) Service Providers who have not abused the Employer’s Supply Chain Management System or have failed to perform on any previous contract and have been given a written notice to this effect;

h) Attendance of the compulsory clarification meeting

2) Other Requirements

a) Joint Venture or Consortium submissions are eligibleb) Entities Registered with the Companies & Intellectual Property Commission (CIPC)c) BBBEE Verification Certificate obtained from an entity registered with SANAS or

ABVA preferable Level Four Contributor and above.d) Not appearing on the National Treasury's list of black listed entitiese) CV’s of key personnel in the company including the managing memberf) Director of company must be registered with Engineering Council of South Africa

(ECSA)


THE TENDERPART T2: RETURNABLE DOCUMENTS

Tender 16 of 63 Part T2: Returnable DocumentsReference no . . . . . . . . . . . . . .

T2.1 List of Returnable DocumentsReturnable Schedules required for Tender evaluation purposes

The Tenderer must complete the following returnable schedules as relevant:

T2.1.1 Resolution of Board of DirectorsT2.1.2 Resolution of Board of Directors to enter into Consortia Or Joint Ventures (in case of Joint

Venture or Consortia)T2.1.3 Special Resolution of Consortia or Joint Ventures.T2.1.4 B-BBEE Certificate issued by a South African National Accreditation System (SANAS) or Auditors

approved and registered by the Independent Regulatory Board of Auditors (IRBA), where Consortium / Joint Venture are involved Bidders are to hand in their consolidated B-BBEE certificates.

T2.1.1 A valid Tax Clearance / Compliance Certificate, or a unique security Personal Identification number (PIN) issued by the South African Revenue Services (where Consortium / Joint Venture / Sub-contractors are involved, each party to the association must submit a separate Valid Tax Clearance / Compliance Certificate or a unique security personal Identification number).

T2.1.2 Submit a valid proof of registration of the National Treasury`s Central Supplier`s Database;T2.1.3 Supply municipal services (water, sanitation, rates and electricity) clearance certificate or Lease

Agreement with a Current Bill of Account not owing more than ninety (90) days, (Preference will be given to service providers based in the Free State);

T2.1.4 Proposed Amendments and QualificationsT2.1.5 Stage 1T2.1.6 Preferencing Schedule (Stage 2 Evaluation)T2.1.7 Stage 3T2.1.8 Evaluation Schedule 1: Approach PaperT2.1.9 Evaluation Schedule 2: Proposed Organisation and StaffingT2.1.10 Evaluation Schedule 3: Experience of Key StaffT2.1.11 Evaluation Schedule 4: Tenderer’s ExperienceT2.1.12 Evaluation Schedule 5: Quality Control Procedures

The Tenderer will be subjected for interview when responsive on Stage 2:

T2.1.13 Evaluation Stage 3: Interviews

NB. Tenders will be subjected to Interviews and must meet an average minimum score of 75 points from both functionality and interviews, to be considered further evaluation.

Tender 17 of 63 E2.1 Part T2.1: List of Returnable Documents List of Returnable DocumentsReference no . . . . . . . . . . . . . .

T2.1.1 Record of Addenda to Tender Documents

We confirm that the following communications received from the Employer before the submission of this Tender offer, amending the Tender documents, have been considered in this Tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

Attach additional pages if more space is required.

Signed Date

Name Position

Tenderer

Tender 18 of 63 T2.1.1Part T2.2: Returnable Schedules Returnable Schedules(Record of Addenda to Tender Documents)Reference no . . . . . . . . . . . . . .

T2.1.2 Compulsory Enterprise QuestionnaireThe following particulars must be furnished.

Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2: VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3: CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporationsCompany registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6: Record in the service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following:

a member of any municipal council a member of any provincial legislature a member of the National Assembly or the

National Council of Province a member of the board of directors of any

municipal entity an official of any municipality or municipal

entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

If any of the above boxes are marked, disclose the following:

Tender 19 of 63 T2.1.2Part T2.1: Returnable documents Returnable Schedules (Compulsory Enterprise Questionnaire)Reference no . . . . . . . . . . . . . .

Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder

Name of institution, public office, board or organ of state and position held

Status of service(tick appropriate column)

Current Within last 12 months

*insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following:

a member of any municipal council a member of any provincial legislature a member of the National Assembly or the

National Council of Province a member of the board of directors of any

municipal entity an official of any municipality or municipal

entity

an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

a member of an accounting authority of any national or provincial public entity

an employee of Parliament or a provincial legislature

Name of spouse, child or parent

Name of institution, public office, board or organ of state and position held

Status of service(tick appropriate column)Current Within last

12 months

*insert separate page if necessary


The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:

i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my / our tax matters are in order;

ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption;

iv) confirms that I / we are not associated, linked or involved with any other Tendering entities submitting Tender offers and have no other relationship with any of the Tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; and

iv) confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my belief both true and correct.

Signed Date

Name Position

Enterprisename


T2.1.3 Certificate of Authority

This Returnable Schedule is to be completed by every Tenderer.

We, the undersigned, are submitting this Tender offer and hereby authorise Mr/Ms . . . . . . . .

. . . . . . . .. . . . . . . . . . . . . . . . . . . . . , authorised signatory of the company . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . ., acting in the capacity of . . . . . . . . . . . . . . . . . . . . . . . . . . . .,

to sign all documents in connection with the Tender offer and any contract resulting from it on our behalf.

Name of Firm (Tenderer) Address Duly Authorised Signatory

Signature. . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . .

Designation . . . . . . . . . . . . . . . . . . . .

Signature. . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . .

Designation . . . . . . . . . . . . . . . . . . . .

Signature. . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . .

Designation . . . . . . . . . . . . . . . . . . . .

Tender 22 of 63 E2.1.3Part T2.1: Returnable documents Returnable Schedules (Certificate of Authority)Reference no . . . . . . . . . . . . . .

T2.1.4 Proposed Amendments and QualificationsThe Tenderer should record any deviations or qualifications he may wish to make to the Tender documents in this Returnable Schedule. Alternatively, a Tenderer may state such deviations and qualifications in a covering letter to his Tender and reference such letter in this schedule.

The Tenderer’s attention is drawn to clause E.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the employer’s handling of material deviations and qualifications.

Tenderers must not include deviations or qualifications relating to the scope of work in this schedule where they are required to submit an Approach Paper.

Page Clause or item

Proposal

Signed Date

Name Position

Tenderer

Tender 23 of 63 E2.1.4Part E2.1: Returnable documents Returnable Schedules (Amendments and Qualifications)Reference no . . . . . . . . . . . . . .

T2.1.5 Preferencing Schedule1 Definitions

The following definitions shall apply to this schedule:

Black: is a generic term which means who are Africans, Coloureds and IndiansDisability: in respect of a person, a permanent impairment of a physical, intellectual, or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being.Disabled person: a person with a disability.Equity ownership: The percentage of an enterprise or business owned by individuals or, in respect of a company, the percentage of the company’s shares that are owned by individuals, who are actively involved in the management of an enterprise or business and exercise control over the enterprise, commensurate with their degree of ownership at the closing date of the Tender.

Note: All claims for equity ownership will be considered according to the following criteria:- equity within private companies will be based on the percentage of equity ownership;- preference points will not be awarded to public companies and tertiary institutions;- equity claims for a trust will only be allowed in respect of those persons who are both trustees

and beneficiaries and who are actively involved in the management of the Trust (i.e. the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person); ; and.

- a joint venture may, based on the percentage of the contract value managed or executed by their HDI

be entitled to equity ownership.

Historically disadvantaged individual (HDI): A South African citizena) who, due to the apartheid policy that had been in place, had no franchise in national elections prior to the

introduction of the Constitution of the RSA, 1983 (Act 110 of 1983) or the Constitution of the RSA, 1993 (Act 200 of 1993) (the interim Constitution), or

b) who is a female; orc) who has a disability:provided that a person who obtained South African citizenship on or after the coming to effect of the Interim Constitution, is deemed not to be an HDI;Management: means an activity inclusive of control and performed on a daily basis, by any person who is a principal executive officer of the company, by whatever name that person may be designated, and whether or not that person is a director.Priority population group (PPG): a member/ individual of a targeted group who is a South African citizen and who falls into a population group that had no franchise in national elections prior to the introduction of the 1984 constitution and tricameral parliamentary system.Youth: all persons who between the ages of 18 and 35 at the time that Tenders close.

2 Conditions associated with the granting of preferences

The Tenderer who claims a preference, undertakes to:

1) maintain an equity ownership of not less than that upon which the preference is based for the duration of the Contract, or in the case of a joint venture, ensure that the percentage of the contract value managed or executed by those persons is not less than that upon which the preference is based;

2) accept the sanctions set out in Section 3 below should conditions 1 or 2 be breached; and3) complete sections 4 to 6 below as relevant.

Failure to fill in and/or sign this form shall be interpreted to mean that preference points are not claimed.

Tender 24 of 63 E2.1.5Part T2.1: Returnable documents Returnable Schedules (Preferencing Schedule)Reference no . . . . . . . . . . . . . .

3 Sanctions relating to breaches of preferencing conditions

The sanctions for breaching the preferencing conditions are:

1) termination of the Contract; or2) a financial penalty payable to the Employer equal to 1,5 times the number of Tender evaluation points

awarded in respect of the preference claimed, multiplied by the Contract Price exclusive of VAT, divided by 100.

4 Tender preference claim in respect of HDI ’s and youth

Number of preference points for type of equity = NOP x R x EP / 100where:NOP = maximum Tender evaluation points provided for HDI / Youth equity ownership stated in the

Tender DataR = the percentage of the maximum Tender evaluation points for the preference claimed in the

second column of the tabulation in section 5 divided by 100EP = the percentage of equity ownership by an HDI / Youth within the business enterprise or, in the

case of a joint venture, the percentage of the contract value managed or executed by their HDI / Youth members.

I/we apply on behalf of my/our firm for a preference based on:Non-joint ventures

HDI YouthNo franchise in national elections (black persons)

Women Disabled person

PPG (African)

Coloured, Indian

Equity ownership percentageFor office use only:Number of preference points awarded by employer Total: . . . . . . . . . . . . . . . . . . .

Joint venturesHDI Youth

No franchise in national elections (black persons)

Women Disabled person

PPG (African)

Coloured, Indian

The percentage of the contract value managed or executed by their HDI membersFor office use only:Number of preference points awarded by employer Total: . . . . . . . . . . . . . . . . . . .

5 Tender preferences claimed

I / we apply on behalf of my / our firm for the following preference(s) and by claiming a preference confirm that all claims for equity ownership are in respect of individuals who are actively involved in the management of the enterprise or business:


Category of preference Percentage of maximum Tender evaluation points provided for in the Preferential Procurement Policy Framework Act (Act 5 of 2000)

Preference claimed for Category of Preference(Y=yes)

HDI (PPG i.e. African) equity ownership 40HDI (Coloured and / or Indian) equity ownership

30

HDI (women) equity ownership 15HDI (disabled person) equity ownership 5HDI youth equity ownership 10

6 Declaration with respect to preferences claimed in respect of HDI and youth equity ownership6.1 List all shareholders by name, identity number, citizenship, status, ownership, as relevant


Name ID Number Date obtained South African citizenship

HDI status YouthYes/No

Percentage equity ownership, or in

the case of a joint venture, the

percentage of the contract to be managed or executed by

targeted persons (%)

No franchise in national elections (black persons)

WomenYes/No

Disabled personYes/No

PPG (African)

Coloured, Indian


6.1.2 How long has the entity been in existence? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.1.3 Describe principal business activities:

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

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

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

6.2 Declaration in respect of claim for preference in respect of disabled person

Complete the following with respect to claims for equity ownership relating to disabled persons:

Name Describe what the permanent impairment is.

Outline how the permanent impairment impacts on ability to perform an activity in the manner or within the ranges considered normal for a human being?

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the Tenderer confirms that he / she understands the conditions under which such preferences are granted and confirms that the Tenderer satisfies the conditions pertaining to the granting of Tender preferences.

Signature : ...............................................................................................................................……….

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

Duly authorised to sign on behalf of : ............................................................................................………

Telephone : ......................................................................

Fax : ................................................................................

Date : ...............................................................................


The approach paper must respond to the scope of work and outline the proposed approach / methodology including that relating to health and safety. The approach paper should articulate what value add the tenderer will provide in achieving the stated objectives for the project.

The tenderer must as such explain his / her understanding of the objectives of the assignment and the Employer’s stated and implied requirements, highlight the issues of importance, and explain the technical approach they would adopt to address them. The approach paper should explain the methodologies which are to be adopted, demonstrate the compatibility of those methodologies with the proposed approach. The approach should also include a quality plan which outlines processes, procedures and associated resources, applied by whom and when, to meet the requirements and indicate how risks will be managed and what contribution can be made regarding value management.

The tenderer must attach his / her approach paper to this page.

The scoring of the approach paper will be as follows:

Technical approach and methodologyPoor(score 40)

The technical approach and / or methodology is poor / is unlikely to satisfy project objectives or requirements. The tenderer has misunderstood certain aspects of the scope of work and does not deal with the critical aspects of the project.

Satisfactory(score 60)

The approach is generic and not tailored to address the specific project objectives and methodology. The approach does not adequately deal with the critical characteristics of the project.The quality plan, manner in which risk is to be managed etc is too generic.

Good(score 80)

The approach is specifically tailored to address the specific project objectives and methodology and is sufficiently flexible to accommodate changes that may occur during execution. The quality plan and approach to managing risk etc is specifically tailored to the critical characteristics of the project.

Very good(score 100)

Besides meeting the “good” rating, the important issues are approached in an innovative and efficient way, indicating that the tenderer has outstanding knowledge of state-of-the- art approaches.The approach paper details ways to improve the project outcomes and the quality of the outputs

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms that the contents of this schedule are within my personal knowledge and are to the best of my belief both true and correct.

Signed Date

Name Position

Tenderer

Tender 29 of 63 T2.1.6Part T2.1: Returnable documents Returnable Schedules (Evaluation Schedule 2: Approach Paper)Reference no . . . . . . . . . . . . . .

T2.1.7 Evaluation Schedule 2: Proposed Organisation and StaffingThe Tenderer should propose the structure and composition of their team i.e. the main disciplines involved, the key staff member / expert responsible for each discipline, and the proposed technical and support staff and site staff. The roles and responsibilities of each key staff member / expert should be set out as job descriptions. In the case of an association / joint venture / consortium, it should, indicate how the duties and responsibilities are to be shared.

The Tenderer must attach his / her organization and staffing proposals to this page.

The scoring of the proposed organization and staffing will be as follows:

Poor(score 40)

The organization chart is sketchy, the staffing plan is weak in important areasThere is no clarity in allocation of tasks and responsibilities.


The organizational chart is complete and detailed, the technical level and composition of the staffing arrangements are adequate.

Good(score 80)

Besides meeting the “satisfactory” rating, staff are well balanced i.e. they show good co-ordination, complimentary skills, clear and defined duties and responsibilities, and the approach to satisfying local consultants. Some members of the project team have worked together before on limited occasions.


Besides meeting the “good” rating, the proposed team is well integrated and several members have worked together extensively in the past.


Signed Date

Name Position

Tenderer

Tender 30 of 63 E2.1.7Part T2.1: Returnable documents Returnable Schedules (Evaluation Schedule 2: Proposed Organisation and Staffing)Reference no . . . . . . . . . . . . . .

T2.1.8 Evaluation Schedule 3: Experience of Key StaffThe experience of assigned staff member in relation to the scope of work will be evaluated from three different points of view:

1) General experience (total duration of professional activity), level of education and training and positions held of each discipline specific team leader.

2) The education, training, skills and experience of the Assigned Staff in the specific field, subject, etc which is directly linked to the scope of work.

3) The key staff members’ / experts’ knowledge of issues which the Tenderer considers pertinent to the project e.g. local conditions, affected communities, legislation, techniques etc.

A CV of a minimum Project Director Pr Eng and or Pr CPM, x 2 Programme Manager (Pr Eng, Pr CPM), x 2 Project Manager (Pr Eng, Pr CPM) and x 1 Project Administrator – max 2 pages per CV should be attached to this schedule:

Each CV should be structured under the following headings:1 Personal particulars

- name - date and place of birth - place (s) of tertiary education and dates associated therewith - professional awards

2 Qualifications (degrees, diplomas, grades of membership of professional societies and professional registrations)

3 Skills4 Name of current employer and position in enterprise5 Overview of post graduate / diploma experience (year, organization and position)6 Outline of recent assignments / experience that has a bearing on the scope of work

The scoring of the experience of key staff will be as follows:

General experience and qualifications

Poor (score 40) Key staff have limited levels of general experience

Satisfactory (score 60) Key staff have reasonable levels of general experience

Good (score 80) Key staff have extensive levels of general experience

Very good (score 100) Key staff have outstanding levels of general experience

Note: An individual may be nominated to serve as the team leader in more than one discipline and as the team leader and a discipline specific leader.


Signed Date

Name Position

Tenderer

Tender 31 of 63 T2.1.8Part T2.1: Returnable documents Returnable Schedules (Evaluation Schedule 3: Experience of Key Staff)Reference no . . . . . . . . . . . . . .

T2.1.9 Evaluation Schedule 4: Tenderer’s ExperienceThe experience of the Tenderer as opposed to the key staff members / experts in similar projects or similar areas and conditions in relation to the scope of work over the last five years will be evaluated.

Tenderers should very briefly describe his or her experience in this regard and attach this to this schedule.

The description should be put in tabular form with the following headings:

Employer, contact person and telephone number, where available

Description of work (service) Value of work (i.e. the service provided) inclusive of VAT (Rand)

Date completed

The scoring of the Tenderer’s experience will be as follows:


Poor(score 40)

Tenderer has limited experience


Tenderer has relevant experience but has not dealt with the critical issues specific to the assignment.

Good(score 90)

Tenderer has extensive experience in relation to the project and has worked previously under similar conditions and circumstances.


Tenderer has outstanding experience in projects of a similar nature.

Note: An individual may be nominated to serve as the team leader in more than one discipline and as the team leader and a discipline specific leader.


Signed Date

Name Position

Tenderer

Tender 32 of 63 E2.1.9Part T2.1: Returnable documents Returnable Schedules (Evaluation Schedule 4: Tenderer Experience)Reference no . . . . . . . . . . . . . .

T2.1.10 Evaluation Schedule 5: Quality Assurance and ControlThe quality control practices and procedures which ensure compliance with stated employer’s requirements previous will be evaluated.

Tenderers should very briefly outline his or her procedures in relation to the project and attach this to this schedule.

The scoring of the Tenderer’s quality control procedures will be as follows:


Poor(score 40)

Quality control procedures are unlikely to ensure compliance with stated employer’s requirements


Quality control procedures are possibly able to ensure compliance with stated employer’s requirements

Good(score 80)

Quality control procedures are likely to ensure compliance with stated employer’s requirements


Quality control procedures are most likely to ensure compliance with stated employer’s requirements


Signed Date

Name Position

Tenderer

Tender 33 of 63 E2.1.10Part T2.1: Returnable documents Returnable Schedules (Evaluation Schedule 5: Quality Assurance and Control)Reference no . . . . . . . . . . . . . .

T2.1.11 Proof of Registration - Companies & Intellectual Property Commission (CIPC)

Tender 34 of 63 E2.1.11Part T2.1: Returnable documents Returnable Schedules (Proof of Registration - (CIPC))Reference no . . . . . . . . . . . . . .

T2.1.12 Certified Copy of Member's South African Identity Document

Tender 35 of 63 E2.1.12Part T2.1: Returnable documents Returnable Schedules (Certified Copy of Member's South African Identity Document)Reference no . . . . . . . . . . . . . .

T2.1.14 Valid and original SARS Tax Clearance Certificate

Tender 36 of 63 E2.1.14Part E2.1: Returnable documents Returnable Schedules (Valid and original SARS Tax Clearance Certificate)Reference no . . . . . . . . . . . . . .

T2.1.15 Proof of Professional Indemnity

Tender 37 of 63 T2.1.15Part T2.1: Returnable documents Returnable Schedules (Proof of Professional Indemnity)Reference no . . . . . . . . . . . . . .

T2.1.16 Proof of Registration on the National Central Supplier Database

Tender 38 of 63 T2.1.16Part T2.1: Returnable documents Returnable Schedules (Proof of Central Supplier Database Registration)Reference no . . . . . . . . . . . . . .

T2.1.17 Original or certified copy of the BBBEE Certificate


T2.1.17 Proof of Municipal Rates and Taxes

T2.1.18 Registration Certificate with ECSA


T2.1.19 Registration certificate with CIDB

T2.1.20 Certified copy of NHBRC Certificate


T2.1.21 Company Profile


T2.1.22 Letter of Intent for project funding from a credible financial institution


THE CONTRACTPART C1: AGREEMENTS AND CONTRACT DATA

Date

Capacity

Date

Tender 46 of 63 C1 Part C1: Agreements and Contract Data Agreements and Contract Data Reference no . . . . . . . . . . . . . .

C1.1.2 Acceptance

By signing this part of this form of offer and acceptance, the Employer identified below accepts the tenderer’s offer. In consideration thereof, the Employer shall pay the Service Provider the amount due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offer shall form an agreement between the employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

Part C1: Agreements and contract data, (which includes this agreement) Part C2: Pricing dataPart C3: Scope of work.

and drawings and documents or parts thereof, which may be incorporated by reference into the above listed Parts.

Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the returnable schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this form of offer and acceptance. No amendments to or deviations from said documents are valid unless contained in this schedule.

The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s representative (whose details are given in the contract data) to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the tenderer (now contractor) within five working days of the date of such receipt notifies the employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties.

Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .for the Employer

Name of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . .. ….. Date . . . . . . . . . . . . . . . . . . .

Tender 47 of 63 C1 Part C1: Agreements and Contract Data Agreements and Contract Data Reference no . . . . . . . . . . . . . .

Schedule of Deviations

1. Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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2. Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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3. Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

By the duly authorised representatives signing this agreement, the Employer and the tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the tender data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this agreement shall have any meaning or effect in the contract between the parties arising from this agreement.

For the Tenderer:

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name of Tenderer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address of Tenderer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

Name of witness ………………………………………………………………………………………………

Signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . .

Tender 48 of 63 C1.1 Part C1: Agreements and Contract Data Agreements and Contract Data (Offer)Reference no . . . . . . . . . . . . . .

C1 Agreements and Contract Data

C1.2 Contract Data

Part one - Data provided by the EmployerC1.2.1 General Conditions of Contract

The General Conditions of Contract are the CIDB’s Standard Professional Services Contract (July 2009) (Edition 3 of CIDB document 1015), as published by the Construction Industry Development Board.

Copies of these General Conditions of Contract may be obtained from the Construction Industry Development Board’s website www.cidb.org.za. Copies of the General Conditions of Contract are also available for inspection and scrutiny at the offices of the Employer.

The Standard Professional Services Contract (July 2009) shall be bound into this Contract Document.

The General Conditions of Contract make several references to the Contract Data for specific data, which together with the standard contract collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the General Conditions of Contract.

The General Conditions of Contract shall be read in conjunction with the variations, amendments and additions set out in the Contract Specific Data below. Each item of data given below is cross-referenced to the clause in the General Conditions of Contract to which it mainly applies.

C1.2.2 Contract Specific Data

The following contract specific data is applicable to this Contract:

Add the following to the definition of Period of Performance:The period of performance is Thirty Sic (36 No.) months commencing from the Start Date

Add the following to the definition of Service Provider:The contracting party may also be a consortium/joint venture contracting as a formally constituted Joint Venture Partnership, in which all parties are jointly and severally liable. In terms of this definition, the words consortium and joint venture shall be regarded as synonymous.

Add the following to the definition of Start Date:The Start Date is the date when the tenderer receives one fully completed original copy of this document, including the acceptance part of the form of offer and acceptance, and schedule of deviations (if any)

Tender 49 of 63 C1.2 Part C1: Agreements and Contract Data Agreements and Contract Data (Contract Data)Reference no . . . . . . . . . . . . . .

Clause 3.9.3Add the following:The time-based fees (hourly rates) used to determine changes to the Contract Price are as stated in the Pricing Data.

Clause 3.15.1:Add the following:The programme shall be submitted within 7 days of receipt of the Acceptance of the tender Offer (the Start Date).

Clause 3.16.2:Add the following:The indices are those contained in Table A of the P0141 Consumer Price Index for the CPI for all services published by Statistics South Africa.

Clause 4.7Add the following:For payment purposes (refer to Clause 8 of Part C2.1: Pricing Assumptions)

Clause 5.4.1:Add the following:The Service Provider is required to take out and maintain, for the full duration of the performance of this contract, Professional Indemnity Insurance providing cover in an amount of not less than R25 000 000 (R25 million) in respect of each and every claim during the period of insurance.

Clause 5.5:Add the following:The Service Provider is required to obtain the Employer’s prior approval in writing before taking any of the following actions:1. Replacing any of the key personnel listed at the time of tender.2. Appointing Subcontractors for the performance of any part of the Services

Clause 7.2:The Service Provider is required to provide personnel to effectively address the scope of work in accordance with the provisions of clause 7.2 and to complete the Personnel Schedule located in contract data Part C1.2

Clause 8.1:Add the following:The Service Provider is to commence the performance of the Services within Fourteen (14 no.) day after the date that the Contract becomes effective.

Clause 8.4.3(c):Add the following:The period of suspension under Clause 8.5 is not to exceed 6 months.

Clause 9.1:Add the following:Copyright of documents prepared for the project and which has been paid for by the Employer shall be vested with the Employer only for its use in the execution of the project on an identified specific site. The author of the copyright material remains the intellectual property holder of the particular design.

Clause 11.1:Add the following:A Service Provider may not subcontract any work which he has the skill and competency to perform, unless he has the Employer’s prior approval in writing.


Clause 12.1.2:Add the following:Interim settlement of disputes is to be by mediation.

Clause 12.2.1:Add the following:In the event that the parties fail to agree on a mediator, the mediator is nominated by the President of the South African Institution of Civil Engineering or the President of the SA Institute of Architects

Clause 12.2.4:Add the following:Final settlement is by arbitration

Clause 14.2Add the following:Notwithstanding the above, should the Service Provider’s tax clearance certificate expire during the contract period, the Employer shall be entitled to withhold payment without incurring any liability for interest, until a valid tax clearance certificate is submitted to the Employer.

Add the following new Clause after Clause 14.4:

Clause 14.5: Tax Invoices

Section 20(1) of the Value Added Tax Act of 1991 (Act 89 of 1991) requires that a supplier (person supplying goods or services) who is registered as a VAT vendor issue to the recipient a tax invoice within 21 days of the date of a supply whether requested or not.

The Service Provider shall provide a tax invoice (VAT invoice) which shall be included with each account delivered to the Employer in terms of Clause 14. Failure by the Servicer Provider to provide a tax invoice (VAT invoice) timeously may delay payment by the Employer and no interest shall accrue.Clause 15:Add the following:The interest rate will be the prime interest rate of the Employer’s Bank at the time the amount is due.

1 The Employer is :Department of Human Settlements

2 The authorised and designated representative of the Employer

The additional / variations to the conditions of contract are:


Part two - Data provided by the Service Provider1 The Service Provider is (Name):

Address

Tel No. Fax No.

2 The authorised and designated representative of the Service Provider is (Name):

The address for receipt of communications is:

Address:

Tel No: Fax No.


CONTRACTPART C2: PRICING DATA

Tender 53 of 63 C2 Part C2: Pricing Data Pricing Data (Pricing Data)Reference no . . . . . . . . . . . . . .

C2.1 Pricing Data

C2.1.1 General Assumptions

Pricing Assumptions mean the criteria as set out below, read together with all Parts of this contract document, which it will be assumed in the contract that the tenderer has taken into account when developing his prices.

1. The short descriptions given in the schedules below are brief descriptions used to identify the services and related cost items for which prices are required. Detailed descriptions of the services to be priced are provided in the Scope of Work (Part C3.1 of this document).

2. While it is entirely at the tenderer’s discretion as regards pricing the services below, the tenderer may wish to consult the various Guideline to Scope of Services and Tariff of Fees for Persons Registered in terms of the relevant Professions Act (e.g. Architectural, Engineering, Quantity Surveying, etc.) with the associated Board Notices. It is the tenderer’s responsibility to price all the services and associated tasks and activities realistically as to be able to achieve all the deliverables listed in the Scope of Work in a cost-effective and time-efficient manner.

3. For the purpose of the service or cost item, the following words shall have the meanings hereby assigned to them:

WORD MEANINGUnit The unit of measurement for each item of work.Quantity The number of units of work for each item.Rate The agreed payment per unit of measurementAmount The product of the quantity and the agreed rate for an itemSum An agreed lump sum payment amount for an item, the extent of which is

described in the Scope of Work, but the quantity of work which is not measured in any units.

Professional Fee The agreed fee for a service, the extent of which is described in the Scope of Work, and may where required be expressed as a percentage of the estimated construction contract value or part thereof.

A rate, sum, professional fee and/or price as applicable, is to be entered against each item in the schedules. An item against which no price is entered will be considered to be covered by the other prices or rates in the relevant Table of Quantities.

4. The rates, sums, professional fee and prices in the schedules are to be fully inclusive prices for the work described under the several items. Such prices and rates are to cover all costs and expenses that may be required in and for the execution of the work described in accordance with the provisions of the Scope of Work, and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the Contract Data, as well as overhead charges and profit.

5. Where quantities are given in the Table of Quantities, these are provisional and do not necessarily represent the actual amount of work to be done. The quantities of work accepted and certified for payment will be used for determining payments due and not the quantities given in the Table of Quantities. In respect of time based services, the allocation of staff must be agreed with the employer before such services are rendered.

Tender 54 of 63 C2.1 Part C2: Pricing Data Pricing Data (Pricing Data)Reference no . . . . . . . . . . . . . .

6. It is anticipated that the price will comprise professional or technical services fees (mainly time- based fees) and associated operational costs (e.g. travel, printing / copying, etc.). The tendered professional fees (including where the unit of measurement is time based) shall be adjusted in terms of clause 3.16 of the Standard Professional Services Contract. If the successful tenderer is given any extension with respect to their appointment term, the tendered time-base fees shall be adjusted for the extension with respect to their appointment term, in terms of Clause 3.16 of the Standard Professional Services Contract and shall not revert automatically to the recommended prevailing time-based fees contained the various gazettes and notices of the relevant respective professional bodies such as, for example, the hourly rates recommended by the Engineering Council of Southern Africa (ECSA) at the time of the extension.

7. Tenderers are advised that in general, no level of construction monitoring is envisaged in the provision of the professional services.

8. Tenderers are to carefully note that only those recoverable expenses listed in the schedules will be reimbursed to the Service Provider.

9. Items for reimbursement of printing/copying costs shall be only for specified contract documents, special reports, manuals and drawings commissioned by the Employer. Costs for general correspondence, minor reports, weekly progress reports, etc. are excluded and are not reimbursable, which shall be deemed to be included in the professional time-based fees. Payment will only be made for copies of specified contract documents, special reports, manuals and drawings submitted to the Employer or issued, as specified or requested by the Employer, and all drafts shall be for the Service Provider’s account.

10. Tenderers are to note that the development of a comprehensive infrastructure plan, for which the professional services are required through this contract, are based on a Employer departmental budget which is subject to change. While the Employer has every intent to complete the full scope of works, the Employer reserves the right to reduce or increase the scope of works according to the dictates of the departmental budget, or to terminate this contract, without adjustment to the agreed rates, sums or professional fees and without payment of any penalty or surcharge in this regard. The Service Provider shall however be entitled to a pro-rata payment for all services carried out in terms of any adjustment to the Scope of Works or, in the case of termination, remuneration and/or reimbursement as described in Clause 8.4.4 of the Standard Professional Services contract.

11. The hourly rates in the time-based fees of Experts that are used by the Tenderer to provide the services shall not exceed the hourly rates applicable for professionals in the respective disciplines as stipulated by the relevant Government Gazette in the various Guidelines to Scope of Services and Tariffs of Fees for the various disciplines.

12. Operational Expenses (Travelling Expenses): For the purpose of this contract, travelling expenses shall be quoted as lump sums to cover the duration of the contract and paid according to the implementation plan and payment schedule submitted by the Service Provider and agreed by the Employer. Besides the amount quoted, no extra amount shall be paid for Travelling Expenses.

13. Operational Expenses (Accommodation): Accommodation includes breakfast and means the following:a) A bed and breakfastb) A guest housec) A self-catering accommodationd) A hotel with a star rating not exceeding 3 as defined by the Tourism Grading Council of

South Africa (per www.tourismgrading.co.za)Tender 55 of 63 C2.1 Part C2: Pricing Data Pricing Data (Pricing Data)Reference no . . . . . . . . . . . . . .

e) Costs of accommodation in a lodge, country house, or a 4-star or higher star rated hotel cannot be claimed as an expense

Reimbursement for accommodation expenses will be based on the actual accommodation rate paid in an establishment within the categories defined above. (May not applicable as the appointment will be municipally based)

14. Operational Expenses (Subsistence Expenses): These expenses are not applicable to this contract.

15. Printing /Copying Expenses: Where applicable (see 10 above), these expenses shall be reimbursed based on the actual expenses incurred, plus an adjustment. Service Providers are required to indicate a preferred adjustment rate to the printing / copying expenses in the priced schedules to be returned with the proposal

16. Preambles to Schedule of Quantities

16.1 Specialist Duration: After determining the hourly rate for the specialists as listed in the Schedule of Quantities, the Service Provider need to determine the total duration that a specialist(s) will take to execute and complete the work under each Part. It should be noted that no extra hours will be provided to any specialist unless otherwise warranted and agreed upon by both the Employer and the successful Service Provider.

16.2 Incidental Office Expenses: The Incidental Office Expenses (Consumables, Communication, computer facilities, Stationary, Printing & Binding) shall be quoted as lump sums to cover the duration of the contract and paid according to the implementation plan and payment schedule as submitted by the Service Provider and agreed to by Employer. Besides the amount quoted, no extra amount shall be paid for Incidental Office Expenses.

16.3 Contingencies: A 10% percentage contingencies have been allowed for in the tender. The spending of the contingencies amount will only be used for circumstances that could not be foreseen during tendering stage. In such a case, the Service Provider will provide a detailed report to Employer motivating for the utilisation of the contingencies amount and Employer will evaluate the report and either accept or reject the utilisation of such amount.

16.4 Professional Indemnity Insurance (PI): A copy of the tenderer’s Professional Indemnity Insurance must be submitted with the proposal. Failure to submit this may result in disqualification.

16.5 Payment is on the basis of achievement of key deliverables: The Service Providers will be appointed on a specific scope of work, and will be compensated upon the achievement of the key milestones/deliverables. The pricing schedules have been aligned to the specific key deliverables expected from the Service Providers. The Employer shall make remunerations and reimbursements only on delivery of the key deliverables / milestones approved by the Employer.

16.6 Ownership of Work Produced: Upon receipt of payment from the Employer all the work produced by the Service Provider will become the exclusive property of the Employer and the Employer may use, distribute and copy the information and all the material produced by the Service Provider as it pleases by the Employer.

16.7 Risk and Mitigation: The Service Provider is to anticipate the following risks (amongst others) and factor them into their pricing.

16.8 Lack of sufficient information: Absence/lack of relevant role-players/stakeholder required to provide inputs for the execution of the project. Unclear and insufficient information and parameters from relevant stakeholders. Some resistance from the community on either obtaining information or other social issues.


C2.1.2 Pricing Data

Tenderers are to price each of the attached schedules which are to be attached in an envelope labelled or marked clearly as “FINANCIAL PROPOSAL: Tender No: [Tender No]”

Only those tenderers who met the eligibility criteria stated in F.2.1 of the tender data will have their financial proposals considered.

C2.1.2.1 Time-Based Rate Schedule

Resource Name & Surname

Envisaged Position

No. Hourly Rate for Services (Excl. Vat) (Rand/Hr)

Discount to

Hourly Rate(%)

Net Hourly Rate of Key Professional

(Excl. Vat) (Rand/Hr)

Key Professional #1:

1………………………..

Project Director & Team Leader

3


1……………………….

2……………………….

Programme Manager

3


1……………………….

2……………………….

Project Manager

3


1……………………….

Project Administrator

3Support Resource #5

1………………………

Technical Expert(Social Facilitation)

3

Support Resource #6

1………………………

Technical Expert(Cost & Budget Planning)

3

TOTAL 18


C2.1.2.2 Professional Fees: Infrastructure Planning & Delivery Management

Envisaged Position Discounted Hourly Rate for Services (Excl. Vat) (Rand/Hr)

Net Hourly Rate of Key Professional (Excl. Vat) (Rand/Hr)

Project Director & Team LeaderProgramme Manager

Project Manager

Project Administrator

Technical Expert(Social Facilitation)Technical Expert(Cost & Budget Planning)

SUB-TOTAL(A)

DISBURSEMENTS

TOTAL (YEAR ONE)

TOTAL (YEAR TWO) Escalation @ 10%

TOTAL (YEAR THREE) Escalation @ 10%


Patching of roads

Dealing with illegal dumping

C3.1.2 Standard for Infrastructure Procurement and Delivery Management

The Standard for Infrastructure Procurement and Delivery Management (SIPDM), depicted above, covers the supply chain management system for infrastructure delivery. It has been framed around the five focus areas proposed by the National Planning Commission for the design of a procurement system and draws upon the work of the 2015 Public Sector Supply Chain Management Review. It is issued as an instruction in terms of Section 76(4)(c) of the

Tender 59 of 63 C3 Part C3: Scope of Works Scope of Works (Indicative Scope and Specifications)Reference no . . . . . . . . . . . . . .

Public Finance Management Act of 1999 (Act No.1 of 1999) and is applicable to the following organs of state:

a) a national or provincial department as defined in the Public Finance Management Act;b) a constitutional institution entity as listed in schedule 1 of the Public Finance Management

Act;c) a public entity as listed in schedules 2 and 3 of the Public Finance Management Act of

1999; andd) any organ of state which implements infrastructure delivery projects on behalf of another

organ of state.

National Treasury’s 2015 Public Sector Supply Chain Management Review expresses the view that Supply Chain Management (“SCM”) is one of the key mechanisms enabling government to implement policy and identified the need for SCM reform thereby envisaging, in terms of section 217 of the Constitution, enormous benefits that will:

• Enable increased good-quality service delivery, with significant improvements in the welfare of South Africa’s citizens, and especially the poor who rely heavily on government for support;

• Enable economic growth as a result of expanded and efficiently maintained economic infrastructure;

• Aid in lower costs for goods, services and infrastructure;• Promote innovation due to different approaches to commodities used in some sectors; and• Decrease the supplier’s cost of doing business with the governmental spheres.

This standard also forms an integral part of the Model SCM Policy for Infrastructure Delivery Management which has been issued as a Treasury guideline determining a standard for municipal supply chain management policies in terms of Section 168 of the Municipal Finance Management Act of 2003 (Act No. 56 of 2003) in support of Regulation 3(2) of the Supply Chain Management Regulations. Accordingly, the standard applies to a municipality or municipal entity whose council or board of directors, respectively, adopts the aforementioned guideline standard.

C3.1.3 Objective and Aim

The purpose of this Tender is to solicit proposals from developers on a turnkey solution in Harrismith Intabazwe Corridor.Management ("RFP") proposals for a period of 36 months in accordance with the terms here-after.

The successful Tenderers will be notified by letter issued by Free State Department of Human Settlements Supply Chain Management and advertised in the Tender bulletin.

C3.1.4 Overview and Location of Works

The project is located in Harrismith, Intabazwe in the Free-State Province.

C3.1.5 Key Stage Deliverables

The control framework for the management of infrastructure delivery shall comprise the applicable stages and gates as set out in Figure 1 and the key deliverables described in the table below. Stages may be omitted where the required work does not involve the provision of new infrastructure or the rehabilitation, maintenance, refurbishment or alteration of existing infrastructure.


Stage End-of-stage deliverableNo Phase Name0 Planning Project initiation An initiation report which outlines the

high-level business case together with the estimated project cost and proposed schedule for a single project or a group of projects having a similar high-level scope

1 Infrastructure planning An infrastructure plan which identifies and priorities projects and packages against a forecasted budget over a period of at least five years

2 Strategic resourcing A delivery and/or procurement strategy which, for a portfolio of projects, identifies the delivery strategy in respect of each project or package and, where needs are met through own procurement system, a procurement strategy

3 Prefeasibility A prefeasibility report which determines whether or not it is worthwhile to proceed to the feasibility stage

Preparation and briefing A strategic brief which defines project objectives, needs, acceptance criteria and client priorities and aspirations, and which sets out the basis for the development of the concept report for one or more packages

4 Feasibility A feasibility report which presents sufficient information to determine whether or not the project should be implemented

Concept and viability A concept report which establishes the detailed brief, scope, scale, form and control budget, and sets out the integrated concept for one or more packages

5 Implementation Design development A design development report which develops in detail the approved concept to finalize the design and definition criteria, sets out the integrated developed design, and contains the cost plan and schedule for one or more packages

6 Design documentation

6A Production information

Production information which provides the detailing, performance definition, specification, sizing and positioning of all systems and components enabling either construction (where the constructor is able to build directly from the information prepared) or the production of manufacturing and installation information for construction


Stage End-of-stage deliverableNo Phase Name

6B Manufacture, fabrication and construction information

Manufacture, fabrication and construction information produced by or on behalf of the constructor, based on the production information provided for a package which enables manufacture, fabrication or construction to take place

7 Works Completed works which are capable of being occupied or used

8 Handover Works which have been taken over by the user or owner complete with record information

9 Package completion Works with notified defects corrected, final account settled and the close out report issued

Provide full professional built environment consulting services on identified portfolios, programmes, and projects where necessary which inter-alia includes;

C3.1.5 Key Scope of Works Activities

The following key activities are anticipated;

• Strategic Management Services

o Provide Strategic management services in accordance with the Public Finance Management Act (PFMA) and other relevant legislation as follows: Risk management. Strategic and annual performance planning including operational planning. Performance monitoring and evaluation, and reporting. Service delivery improvement.

• Portfolio-, Programme-, and Project Management

o Portfolio-, Programme-, and Project Management oversight, monitoring and evaluation of Capital and Maintenance Projects

o Develop and implement a rapid problem identification system, as well as a system for internal communications to the various stakeholders.

o Provide appropriate levels of contract administration to oversee the project in a facilitator manner in order to improve capacity of contractors.

o Develop a system of appropriate indicators to enable the execution of periodic valuations of the portfolio’s, programme, and projects as a whole which is directly related to infrastructure delivery monitoring.

o Establish procedures for the regular collection of the information that will be needed to measure the pre-defined indicators.

o Facilitate quality assurance to improve project performance.o Monitor and report progress and results in terms of established monitoring and

reporting systems.o Social sector - community programme, upgrade of parks and cemeterieso Environmental sector – cleaning public open spaces, sustainable energy; dealing with

illegal dumping


o Infrastructure sector – Integrated human-settlement and all infrastructure related projects

o SMME empowerment- Training and development of small contractors

• Management Information Systems and Development

o Facilitate the development integration of a real time web-based management information System.

o Ensure the timeous collection, collation of information required by the Department to enable real-time reporting.

o Facilitate the continuous Management Reporting of Contractors and Stakeholders.o Buildingo Constructiono Maintenanceo Rehabilitationo Refurbishmentso Upgradeso Supply and delivery

E3.1.5 Minimum Specifications

The following criteria will be considered in evaluating for established project developer.

a) Consultants and contractors must prove skills and capacity to provide the relevant serviceb) Consultants and contractors to show value added service that can be offered.
