2437 Coct Irt Its Ten Doc Vol 2a 17 Jul 2009

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TENDER NO. 25G/2009/10

CONTRACT DOCUMENT

FOR THE

DESIGN, SUPPLY, DELIVERY, INSTALLATION,TESTING, COMMISSIONING AND MAINTENANCE

OF THE IRT CONTROL CENTRE HARDWAREAND SOFTWARE SYSTEMS

VOLUME 2A (RETURNABLE DOCUMENT)

(OTHER DOCUMENTS FORMING PART OF TENDER AND CONTRACT ARE:VOLUME 1 FIDIC CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD

VOLUME 2B SCOPE OF WORK & DETAILED SPECIFICATIONS)

NOTE: The Form of Offer and Acceptance (C1.1) is on page 69 of this document

(see also Clause F.4.5 on page 15)

The Preferencing Schedule (HDI Participation) is on page 52of this document

E CHINNAPPENEXECUTIVE DIRECTOR: TRANSPORT, ROADS AND STORMWATERCIVIC CENTRE,HERTZOG BOULEVARDCAPE TOWN

JULY 2009


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General Tender Information iReference No. 25G/2009/10

CITY OF CAPE TOWN

TRANSPORT ROADS & STORMWATER

CONTRACT NO. 25G/2009/10

DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF THEIRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS

General Tender Information

TENDER ADVERTISED : Friday, 17 July 2009

CLARIFICATION MEETING : 10h00 12:00 on Monday, 27 July 2009(See next page for map of venue)

VENUE FOR CLARIFICATION Webber Wentzel15th Floor, Convention

MEETING : Tower, Heerengracht, Foreshore, Cape Town

CLOSING DATE : Friday, 21 August 2009

CLOSING TIME : 10h00

CLOSING VENUE : Tender Box 58 at the Tender Office,5

thFloor, Tower Block, Civic Centre,

12 Hertzog Boulevard, Cape Town.

TENDER BOX 58 : The Tender Document (which includes the Form ofOffer and Acceptance) completed in all respects, plusany additional supporting documentation required,must be submitted in a sealed envelope with the nameand address of the tenderer, the tender No. and title,the tender box No. and the closing date indicated onthe envelope. The sealed envelope must be inserted

into the appropriate official tender box before closingtime. Note that Volume 2 is a returnable document andthat Volume 2A is not a returnable document.

BRIEF DESCRIPTION OF TENDER : The Control System Contract forms an integralcomponent of the IRT system, which will supply newscheduled bus services in the City of Cape Town.The scope of this Contract comprises of the supplyand installation of electronic hardware and softwaresystems and a six-year management andmaintenance function, providing:

Fleet management the installation of softwareto operate IT equipment installed on vehicles bybus manufacturers; the communication systembetween vehicles and the control centre; supply

of HASTUS management package forscheduling of vehicles;

Passenger information electronic displays onvehicles and at stations that provide informationto passengers about services;

CCTV communications CCTV cameras onboard vehicles and on stations and their linkageto the control centre;

Control Centre installation of control centrehardware, communications systems andsoftware.


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Contents (Volume 2A and 2B) iiReference No. 25G/2009/10

CITY OF CAPE TOWN

TRANSPORT ROADS AND STORMWATER



Structure of tender and contract documents

Volume 1 FIDIC Conditi ons of Contract for Plant and Design-Build First Edition 1999Volume 2A Returnable tender documentsVolume 2B Non-returnable tender document: Scope of Work, Detailed Specificati ons & Site

Information

Contents (Volume 2A returnable document)Number Heading Volume

The Tender

Part T1: Tendering procedures

T1.1 Tender Notice and Invitation to Tender 2A

T1.2 Tender Data 2A

Part T2: Returnable documents

T2.1 List of Returnable Documents 2A

T2.2 Returnable Schedules 2A

The Contract

Part C1: Agreements and Cont ract Data

C1.1 Form of Offer and Acceptance 2A

C1.2 Contract Data 2A

C1.3 Form of Performance Security - Demand Guarantee 2A

C1.4 Occupational Health and Safety Agreement 2A

Part C2: Pricing data

C2.1 Pricing Instructions 2A

C2.2 Bills/Schedules of Quantities 2A

Contents (Volume 2B non-returnable document)Number Heading Volume

Part C3: Scope of Work

C3.1 Description of the Works 2B

C3.2 Engineering Design 2B

C3.3 Installation of Works 2B

C3.4 Testing and Commissioning 2B

C3.5 Training 2B

C3.6 Project Management 2B


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Contents (Volume 2A and 2B) iiiReference No. 25G/2009/10

C3.7 Maintenance and Upgrades 2B

C3.8 Detailed Specification: General 2B

C3.9 Detailed Specification: Onboard Systems 2B

C3.10 Detailed Specification: Control Centre 2B

C3.11 Detailed Specification: Smart Trunk Stations 2B

C3.12 Detailed Specification: Smart Feeder Station 2B

C3.13 Detailed Specification: Bus Depots 2B

C3.14 Detailed Specification: Station - Network Design 2B

C3.15 Detailed Specification: Communication 2B

C3.16 Detailed Specification: Maintenance 2B

C3.17 Detailed Specification: Operations 2B

C3.18 Glossary 2B

Part C4: Site information

C4.1 Overview of System 2B

C4.2 The proposed IRT System (Phase 1) 2B

C4.3 Services Types 2B

C4.4 Future Phases of the IRT System 2B

C4.5 The Business Structure Of The IRT System 2B

C4.6 ITS to be provided by Control Centre Contract 2B

C4.7 Communication 2B

C4.8 Drawings and Details 2B

Appendix A : City of Cape Tetra Radio Server Interface Specification


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Detailed Contents (Volume 2A and 2B)Reference No. 25G/2009/10 iv

DETAILED CONTENTS (VOLUME 2A)PageNo.

General Tender Information i

Structure of Tender and Contract documents ii

Detailed Contents (Volume 2A) iv

Detailed Contents (Volume 2B) v

Standard Conditions of Tender vii

THE TENDER

PART T1: TENDERING PROCEDURES 1

T1.1 TENDER NOTICE AND INVITATION TO TENDER 2

T1.2 TENDER DATA 4

F.1 General

F.2 Tenderers obligations

F.3 The Employers undertakings

PART T2: RETURNABLE DOCUMENTS 19

T2.1 LIST OF RETURNABLE DOCUMENTS 20

T2.2 RETURNABLE SCHEDULES 22

Schedule 1: Compulsory Enterprise Questionnaire 23

Schedule 2: Certificate of Authority for Joint Ventures 25

Schedule 3: Schedule of Design Experience 26

Schedule 4: Schedule of Implementation Experience 28

Schedule 5: Costs of Staff and other resources from RSA and overseas 30

Schedule 6: Schedule of Subcontractors 32

Schedule 7: Details of Experience of Key Professional Personnel 33

Schedule 8: Tenderers undertaking to employ Key professional Personnel 38

Schedule 9: Work Plan and Timelines 39

Schedule 10: Details of Tenderers Workshop Facilities 40

Schedule 11: Tax Clearance Certificate 41

Schedule 12: Bargaining Council Certificate 42

Schedule 13: Financial Statements for Contracts over R10 Million 43

Schedule 14: Particulars of Contracts awarded to Tenderer during past five years 44

Schedule 15: Confirmation of WCSD Registration 45

Schedule 16: Health and Safety Plan 46

Schedule 17: Declaration in terms of the Municipal Finance Management Act 47

Schedule 18: Certificate for Municipal Services and Payments to Service Provider 48

Schedule 19: Authorisation for the Deduction of Outstanding Amounts Owed to Council 49

Schedule 20: Record of Addenda to Tender Documents (Annex K) 50

Schedule 21: Deviations and Qualifications by Tenderer 51


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Detailed Contents (Volume 2A and 2B)Reference No. 25G/2009/10 v

Schedule 22: Preferencing Schedule (where preferences are granted in respect of HDIParticipation)

52

Schedule 23: Correspondence with Bus Manufacturers 58

Schedule 24: Technical Data Sheets 59

Schedule 25: Price Basis for Imported Equipment (see Part C2 Pricing Data) 67

THE CONTRACT

PART C1: AGREEMENTS AND CONTRACT DATA (VOLUME 2A) 68

C1.1 FORM OF OFFER AND ACCEPTANCE 69

Offer

Acceptance

Schedule of Deviations

C1.2 CONTRACT DATA 73

General Conditions of Contract

Appendix to Tender

Part 1: Contract Data completed by the Employer

Part 2: Contract Data completed by the Contractor

Particular Conditions

Additional Conditions of Contract

Employers Requirements referred to in Conditions of Contract

C1.3 FORM OF PERFORMANCE SECURITY DEMAND GUARANTEE 100

Annexure

C1.4 OCCUPATIONAL HEALTH AND SAFETY AGREEMENT 102

Occupational Health and Safety Conditions

PART C2: PRICING DATA (VOLUME 2A) 104

C2.1 PRICING INSTRUCTIONS 105

Returnable Schedule 25: Price Basis for Imported Equipment

C2.2 SCHEDULES OF QUANTITIES 108

Declaration (In respect of completeness of Tender)


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Detailed Contents (Volume 2A and 2B)Reference No. 25G/2009/10 vi

DETAILED CONTENTS (VOLUME 2B)PageNo.

PART C3: SCOPE OF WORK

PART C4: SITE INFORMATION

PART C3: SCOPE OF WORK (VOLUME 2B)

C3.1 Description of the Works 1

C3.2 Engineering Design 5

C3.3 Installation of Works 12

C3.4 Testing and Commissioning 14

C3.5 Training 18

C3.6 Project Management 21

C3.7 Maintenance, Upgrades and Warranties 22

C3.8 Detailed Specifications: General 24

C3.9 Detailed Specifications: Onboard Systems 28

C3.10 Detailed Specifications: Control Centre 42

C3.11 Detailed Specifications: Smart Trunk Station 60

C3.12 Detailed Specifications: Smart Feeder Station 64

C3.13 Detailed Specifications: Bus Depots 66

C3.14 Detailed Specifications: Station Network Design 68

C3.14 Detailed Specifications: Communication 69

C3.15 Detailed Specifications: Maintenance 73

C3.16 Detailed Specifications: Operations 81

C3.17 Glossary 82

PART C4: SITE INFORMATION (VOLUME 2B) 86

C4.1 Overview of System 87

C4.2 The proposed IRT System (Phase 1)

C4.3 Services Types

C4.4 Future Phases of the IRT System

C4.5 Description of Business Model

C4.6 ITS to be provided by Control Centre Contract

C4.7 Communication

C4.8 Drawings and Details 107


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Standard Conditions of TenderReference No. 25G/2009/10 vii

CITY OF CAPE TOWN



DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING AND MAINTENANCE OF IRTCONTROL CENTRE INSTALLATION AND MAINTENANCE

Standard Conditions of Tender

The Standard Conditions of Tender are contained in Annex F of Board Notice 12 of 2009 in Government GazetteNo. 31823 of 30 January 2009, Construction Industry Development Board (CIDB) Standard for Uniformity inConstruction Procurement (see www.cidb.org.za), and are reproduced without amendment or alteration for theconvenience of tenderers as an Annex attached hereto.

The following Annex is attached hereto :

Ann ex F Page(Normative) No.

Standard Conditions of TenderF.1 General viii

F.2 Tenderers obligations x

F.3 The Employers undertakings xii

Tender Data

The Tenderers attention is drawn to the tender data in Part T1.2 Tender Data for details that apply specifically tothis tender.


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Ann ex FReference No. 25G/2009/10 viii

Annex F(normative)

Standard Conditions of Tender

F.1 General

F.1.1 Actions

F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. Intheir dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3,timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligationsand not engage in anticompetitive practices.

F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shallavoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict ofinterest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in theirtender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest towhoever is responsible for overseeing the procurement process at the start of any deliberations relating to theprocurement process or as soon as they become aware of such conflict, and abstain from any decisions wheresuch conflict exists or recuse themselves from the procurement process, as appropriate.

Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive forimproper acts in some circumstances. A conflict of interest can create an appearance ofimpropriety that can undermine confidence in the ability of that person to act properly in his or herposition even if no improper acts result.

2) Conflicts of interest in respect of those engaged in the procurement process include direct,indirect or family interests in the tender or outcome of the procurement process and any personalbias, inclination, obligation, allegiance or loyalty which would in any way affect any decisionstaken.

F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intentionand the capacity to proceed with the contract.

F.1.2 Tender Documents

The documents issued by the employer for the purpose of a tender offer are listed in the tender data.

F.1.3 Interpretation

F.1.3.1The tender data and additional requirements contained in the tender schedules that are included in thereturnable documents are deemed to be part of these conditions of tender.

F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tenderevaluation purposes, shall not form part of any contract arising from the invitation to tender.

F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:

a) conflict of interestmeans any situation in which:i) someone in a position of trust has competing professional or personal interests which make it

difficult to fulfill his or her duties impartially;ii) an individual or organisation is in a position to exploit a professional or official capacity in some way

for their personal or corporate benefit; oriii) incompatibility or contradictory interests exist between an employee and the organisation which

employs that employee.b) comparative offer means the tenderers financial offer after all tendered parameters that will affect the

value of the financial offer have been taken into consideration in order to enable comparisons to bemade between offers on a comparative basis

c) corrupt practice means theoffering, giving, receiving or soliciting of anything of value to influence theaction of the employer or his staff or agents in the tender process; and

d) fraudulent practice means themisrepresentation of the facts in order to influence the tender process orthe award of a contract arising from a tender offer to the detriment of the employer, including collusivepractices intended to establish prices at artificial levels

e) organization means a company, firm, enterprise, association or other legal entity, whether incorporatedor not, or a public body

f) quality (functionality)means the totality of features and characteristics of a product or service that bearon its ability to satisfy stated or implied needs.


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F.1.4 Communication and employers agent

Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in aform that can be readily read, copied and recorded. Communication shall be in the English language. Theemployer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name andcontact details of the employers agent are stated in the tender data.

F.1.5 The employers right to accept or reject any tender offer

F.1.5.1 The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, andmay cancel the tender process and reject all tender offers at any time before the formation of a contract. Theemployer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but will givewritten reasons for such action upon written request to do so.

F.1.5.2 The employer may not subsequent to the cancellation or abandonment of a tender process or therejection of all responsive tender offers re-issue a tender covering substantially the same scope of work within aperiod of six months unless only one tender was received and such tender was returned unopened to thetenderer.

F.1.6 Procurement procedur es

F.1.6.1 GeneralUnless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer whoin terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as

relevant, based on the tender submissions that are received at the closing time for tenders.

F.1.6.2 Competiti ve negotiation procedur e

F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderersshall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstandingthe requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission.The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive positionof tenderers shall not apply.

F.1.6.2.2All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms ofthe evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter intocompetitive negotiations, based on the principle of equal treatment and keeping confidential the proposedsolutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request thattenders be clarified, specified and fine-tuned in order to improve a tenderer's competitive position provided thatsuch clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the

offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect.

F.1.6.2.3At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make afresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall beadvised when they are to submit their best and final offer.

F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after tenderershave been requested to submit their best and final offer.

F.1.6.3 Proposal procedure using the two stage-system

F.1.6.3.1 Option 1Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which acontract may be negotiated. The employer shall evaluate each responsive submission in terms of the method ofevaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring thehighest number of evaluation points and award the contract in terms of these conditions of tender.

F.1.6.3.2 Option 2

F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite allresponsive tenderers to submit tender offers in the second stage, following the issuing of procurementdocuments.

F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method ofevaluation stated in the tender data, and award the contract in terms of these conditions of tender.


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F.2 Tenderers obl igations

F.2.1 Eligibility

F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer,or any of his principals, is not under any restriction to do business with employer.

F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity(or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basisin a prior process to invite the tenderer to submit a tender offer and obtain the employer's written approval to doso prior to the closing time for tenders.

F.2.2 Cost of tendering

Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for anycosts incurred in the preparation and submission of a tender offer, including the costs of any testing necessary todemonstrate that aspects of the offer complies with requirements.

F.2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.

F.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the

employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications,conditions of contract and other publications, which are not attached but which are incorporated into the tenderdocuments by reference.

F.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary applyfor an extension to the closing time stated in the tender data, in order to take the addenda into account.

F.2.7 Clarificatio n meeting

Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the

proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data.

F.2.8 Seek clarifi cation

Request clarification of the tender documents, if necessary, by notifying the employer at least five working daysbefore the closing time stated in the tender data.

F.2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full coverrequired in terms of the conditions of contract identified in the contract data. The tenderer is advised to seekqualified advice regarding insurance.

F.2.10 Pricing the tender offer

F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except ValueAdded Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being thoseapplicable 14 days before the closing time stated in the tender data.

F.2.10.2Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.2.10.3Provide rates and prices that are fixed for the duration of the contract and not subject to adjustmentexcept as provided for in the conditions of contract identified in the contract data.

F.2.10.4State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions ofcontract identified in the contract data may provide for part payment in other currencies.


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F.2.11 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with instructions issued bythe employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial allsuch alterations. Erasures and the use of masking fluid are prohibited.

F.2.12 Alternati ve tender offers

F.2.12.1Unless otherwise stated in the tender data submit alternative tender offers only if a main tender offer,strictly in accordance with all the requirements of the tender documents, is also submitted. The alternative tender

offer is to be submitted with the main tender offer together with a schedule that compares the requirements of thetender documents with the alternative requirements the tenderer proposes.

F.2.12.2Accept that an alternative tender offer may be based only on the criteria stated in the tender data orcriteria otherwise acceptable to the employer.

F.2.13 Submitti ng a tender offer

F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture toprovide the whole of the works, services or supply identified in the contract data and described in the scope ofworks, unless stated otherwise in the tender data.

F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, eitherelectronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.

F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copiesstated in the tender data, with an English translation of any documentation in a language other than English, andthe parts communicated electronically in the same format as they were issued by the employer.

F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. Theemployer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing tocontract as joint ventures shall state which of the signatories is the lead partner whom the employer shall holdliable for the purpose of the tender offer.

F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as"ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identificationdetails stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.6Where a two-envelope system is required in terms of the tender data, place and seal the returnabledocuments listed in the tender data in an envelope marked financial proposal and place the remainingreturnable documents in an envelope marked technical proposal. Each envelope shall state on the outside the

employers address and identification details stated in the tender data, as well as the tenderer's name and contactaddress.

F.2.13.7Seal the original tender offer and copy packages together in an outer package that states on the outsideonly the employer's address and identification details as stated in the tender data.

F.2.13.8Accept that the employer shall not assume any responsibility for the misplacement or premature openingof the tender offer if the outer package is not sealed and marked as stated.

F.2.13.9Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless statedotherwise in the tender data.

F.2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely and in the formrequired, may be regarded by the employer as non-responsive.

F.2.15 Closing time

F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not laterthan the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof ofdelivery.

F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, therequirements of these conditions of tender apply equally to the extended deadline.


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F.2.16 Tender offer validity

F.2.16.1Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period statedin the tender data after the closing time stated in the tender data.

F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for anagreed additional period with or without any conditions attached to such extension.

F.2.16.3Accept that a tender submission that has been submitted to the employer may only be withdrawn orsubstituted by giving the employer's agent written notice before the closing time for tenders that a tender is to be

withdrawn or substituted.

F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with therequirements of F.2.13 with the packages clearly marked as "SUBSTITUTE".

F.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during theevaluation of tender offers. This may include providing a breakdown of rates or prices and correction ofarithmetical errors by the adjustment of certain rates or item prices (or both). No change in thecompetitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with apreferred tenderer following a competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material

F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, thetenderers commercial position (including notarized joint venture agreements), preferencing arrangements, orsamples of materials, considered necessary by the employer 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 timefor submission stated in the employers request, the employer may regard the tender offer as non-responsive.

F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

F.2.19 Inspections, tests and analysis

Provide access during working hours to premises for inspections, tests and analysis as provided for in the tenderdata.

F.2.20 Submit securit ies, bonds , polic ies, etc.

If requested, submit for the employers acceptance before formation of the contract, all securities, bonds,guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in thecontract data.

F.2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for the employer to issuethe contract.

F.2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within 28 days after the expiry ofthe validity period stated in the tender data.

F.2.23 Certificates

Include in the tender submission or provide the employer with any certificates as stated in the tender data.


F.3.1 Respond to requests from the tenderer

F.3.1.1 Unless otherwise stated in the Tender Data, respond to a request for clarification received up to fiveworking days before the tender closing time stated in the Tender Data and notify all tenderers who drewprocurement documents.


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F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (orboth) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submita tender offer in terms of a previous procurement process and deny any such request if as a consequence:

a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meetany of the collective or individual qualifying requirements;

b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or asanother joint venture; or

c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of theprequalification process.

F.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the periodfrom the date the tender documents are available until three working days before the tender closing time stated inthe Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data,the Employer may grant such extension and, shall then notify all tenderers who drew documents.

F.3.3 Return late tender offers

Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessaryto open a tender submission to obtain a forwarding address), to the tenderer concerned.

F.3.4 Opening of tender submi ssion s

F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence oftenderers agents who choose to attend at the time and place stated in the tender data. Tender submissions forwhich acceptable reasons for withdrawal have been submitted will not be opened.

F.3.4.2Announce at the meeting held immediately after the opening of tender submissions, at a venue indicatedin the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of hisprices, preferences claimed and time for completion for the main tender offer only.

F.3.4.3Make available the record outlined in F.3.4.2 to all interested persons upon request.

F.3.5Two-envelope system

F.3.5.1Where stated in the tender data that a two-envelope system is to be followed, open only the technicalproposal of valid tenders in the presence of tenderers agents who choose to attend at the time and place statedin the tender data and announce the name of each tenderer whose technical proposal is opened.

F.3.5.2Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who remain incontention for the award of the contract of the time and place when the financial proposals will be opened. Openonly the financial proposals of tenderers, who score in the quality evaluation more than the minimum number ofpoints for quality stated in the tender data, and announce the score obtained for the technical proposals and thetotal price and any preferences claimed. Return unopened financial proposals to tenderers whose technicalproposals failed to achieve the minimum number of points for quality.

F.3.6 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such processes, information relatingto the evaluation and comparison of tender offers, the final evaluation price and recommendations for the awardof a contract, until after the award of the contract to the successful tenderer.

F.3.7 Grounds for rejection and disqualificati on

Determine whether there has been any effort by a tenderer to influence the processing of tender offers and

instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulentpractices.

F.3.8 Test for respons iveness

F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received:

a) Complies with the requirements of these Conditions of Tender,b) has been properly and fully completed and signed, andc) is responsive to the other requirements of the tender documents.


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F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tenderdocuments without material deviation or qualification. A material deviation or qualification is one which, in theEmployer's opinion, would:a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in

the Scope of Work,b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, orc) affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.

Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction orwithdrawal of the non-conforming deviation or reservation.

F.3.9 Arithmetical errors, omissions and disc repancies

F.3.9.1 Check responsive tenders for discrepancies between amounts in words and amounts in figures. Wherethere is a discrepancy between the amounts in figures and the amount in words, the amount in words shallgovern.

F.3.9.2 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after theevaluation of tender offers in accordance with F.3.11 for:

a) the gross misplacement of the decimal point in any unit rate;b) omissions made in completing the pricing schedule or bills of quantities; orc) arithmetic errors in:

i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities orschedules of prices; or

ii) the summation of the prices.

F.3.9.3 Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm thetender offer as tendered or accept the corrected total of prices.

F.3.9.4 Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows:

a) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting fromthe product of the unit rate and the quantity, the line item total shall govern and the rate shall becorrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the lineitem total as quoted shall govern, and the unit rate shall be corrected.

b) Where there is an error in the total of the prices either as a result of other corrections required by thischecking process or in the tenderer's addition of prices, the total of the prices shall govern and thetenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achievethe tendered total of the prices.

F.3.10 Clarification of a tender offer

Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from thetender offer.

F.3.11 Evaluation of tender offers

F.3.11.1 General

Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to acomparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria andweightings that are specified in the tender data.

F.3.11.2 Method 1: Financial offer

In the case of a financial offer:

a) Rank tender offers from the most favourable to the least favourable comparative offer.b) Recommend the highest ranked tenderer for the award of the contract, unless there are compelling and

justifiable reasons not to do so.c) Re-rank all tenderers should there be compelling and justifiable reasons not to recommend the highest

ranked tenderer and recommend the highest ranked tenderer, unless there are compelling andjustifiable reasons not to do so and the process set out in this subclause is repeated.

F.3.11.3 Method 2: Financial of fer and p reference

In the case of a financial offer and preferences:


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a) Score each tender in respect of the financial offer made and preferences claimed, if any, in accordancewith the provisions of F.3.11.7 and F.3.11.8.

b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:

TEV= NFO+ NP

where: NFOis the number of tender evaluation points awarded for the financial offer made inaccordance with F.3.11.7;NP is the number of tender evaluation points awarded for preferences claimed inaccordance with F.3.11.8.

c) Rank tender offers from the highest number of tender evaluation points to the lowest.d) Recommend the tenderer with the highest number of tender evaluation points for the award of the

contract, unless there are compelling and justifiable reasons not to do so.e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend

the tenderer with the highest number of tender evaluation points, and recommend the tenderer with thehighest number of tender evaluation points, unless there are compelling and justifiable reasons not to doso and the process set out in this subclause is repeated.

F.3.11.4 Method 3: Financial of fer and quality

In the case of a financial offer and quality:

a) Score each tender in respect of the financial offer made and the quality offered in accordance with theprovisions of F.3.11.7 and F.3.11.9, rejecting all tender offers that fail to score the minimum number of

points for quality stated in the tender data, if any.b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula:

TEV= NFO+ NQ

where: NFO is the number of tender evaluation points awarded for the financial offer made inaccordance with F.3.11.7;NQ is the number of tender evaluation points awarded for quality offered in accordance withF.3.11.9.

c) Rank tender offers from the highest number of tender evaluation points to the lowest.d) Recommend tenderer with the highest number of tender evaluation points for the award of the contract,

unless there are compelling and justifiable reasons not to do so.e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend

the tenderer with the highest number of tender evaluation points and recommend the tenderer with thehighest number of tender evaluation points, unless there are compelling and justifiable reasons not to do

so and the process set out in this subclause is repeated.

F.3.11.5 Method 4: Financial off er, quality and preferences

In the case of a financial offer, quality and preferences:

a) Score each tender in respect of the financial offer made, preference claimed, if any, and the qualityoffered in accordance with the provisions of F.3.11.7 to F.3.11.9, rejecting all tender offers that fail toscore the minimum number of points for quality stated in the tender data, if any.

b) Calculate the total number of tender evaluation points (TEv) in accordance with the following formula,unless otherwise stated in the Tender Data:

TEV= NFO+ NP +NQ

where: NFO is the number of tender evaluation points awarded for the financial offer made inaccordance with F.3.11.7;

Npis the number of tender evaluation points awarded for preferences claimed in accordancewith F.3.11.8;NQis the number of tender evaluation points awarded for quality offered in accordance withF.3.11.9.

c) Rank tender offers from the highest number of tender evaluation points to the lowest.d) Recommend the tenderer with the highest number of tender evaluation points for the award of the

contract, unless there are compelling and justifiable reasons not to do so.e) Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend

the tenderer with the highest number of tender evaluation points and recommend the tenderer with thehighest number of tender evaluation points, unless there are compelling and justifiable reasons not to doso and the process set out in this subclause is repeated.


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F.3.11.6 Decimal places

Score financial offers, preferences and quality, as relevant, to two decimal places.

F.3.11.7 Scoring Financ ial Offers

Score the financial offers of remaining responsive tender offers using the following formula:

NFO= W1x A

where: NFOis the number of tender evaluation points awarded for the financial offer.W1 is the maximum possible number of tender evaluation points awarded for the financialoffer as stated in the Tender Data.Ais a number calculated using the formula and option described in Table F.l as stated in theTender Data.

Table F.1: Formulae for calculatin g the value ofA

Formula Comparison aimed at achieving Option 1a Option 2

a

1 Highest price or discount A = (1 + (P - Pm))Pm

A = P/Pm

2 Lowest price or percentage

commission/ fee

A = (1 - (P - Pm))

Pm

A = Pm/P

a Pm is the comparative offer of the most favourable comparative offer.

P is the comparative offer of the tender offer under consideration.

F.3.11.8 Scor ing preferences

Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tenderdata and reject all claims for preferences where tenderers are not eligible for such preferences.

Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisionsof the tender data.

F.3.11.9 Scoring qualit y

Score each of the criteria and subcriteria for quality in accordance with the provisions of the Tender Data.

Calculate the total number of tender evaluation points for quality using the following formula:

NQ= W2x SO /MS

where: SOis the score for quality allocated to the submission under consideration;Msis the maximum possible score for quality in respect of a submission; andW2is the maximum possible number of tender evaluation points awarded for the quality asstated in the tender data.

F.3.12 Insurance provided by the employer

If requested by the proposed successful tenderer, submit for the tenderer's information the policies and/orcertificates of insurance which the conditions of contract identified in the contract data, require the employer toprovide.

F.3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any unacceptable commercial riskand only if the tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing participating in theemployer's procurement,


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b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses theprofessional and technical qualifications, professional and technical competence, financial resources,equipment and other physical facilities, managerial capability, reliability, experience and reputation,expertise and the personnel, to perform the contract,

c) has the legal capacity to enter into the contract,d) is not insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a

judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of anyof the foregoing,

e) complies with the legal requirements, if any, stated in the tender data, andf) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

F.3.14 Prepare cont ract documents

F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employeras part of the tender documents to take account of:

a) addenda issued during the tender period,b) inclusion of some of the returnable documents,c) other revisions agreed between the employer and the successful tenderer.

F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.

F.3.15 Complete adjudicator's cont ract

Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both

parties to complete formalities for appointing the selected adjudicator at the same time as the main contract issigned.

F.3.16 Notice to unsuccessfu l tenderers

F.3.16.1 Notify the successful tenderer of the employers acceptance of his tender offer by completing andreturning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tenderdata, or agreed additional period.

F.3.16.2 After the successful tenderer has been notified of the employers acceptance of the tender, notify othertenderers that their tender offers have not been accepted.

F.3.17 Provide copies of the cont racts

Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of thecontract as soon as possible after completion and signing of the form of offer and acceptance.

F.3.18 Provide writ ten reasons for actions taken

Provide upon request written reasons to tenderers for any action that is taken in applying these conditions oftender, but withhold information which is not in the public interest to be divulged, which is considered to prejudicethe legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.


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Tender T1Part T1: Tendering procedures Tendering proceduresReference No. 25G/2009/10

1

Part T1: Tendering procedures

PagesT1.1 Tender Notice and Invitation to Tender .................................................. 2

T1.2 Tender Data ........................................................................................4 18


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Tender T1.1Part T1: Tendering procedures Tender Notice and Invitation to TenderReference No. 25G/2009/10

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CITY OF CAPE TOWN




T1.1 Tender Notice and Invitation to Tender

The CITY OF CAPE TOWN, TRANSPORT ROADS AND STORMWATER, invites tenders for TENDER NO.25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONING ANDMAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARE SYSTEMS

Tenderers must be registered on the Western City of Cape Towns SAP Vender Database.

Tenderers who are not registered on the City of CapeTowns Database are not precluded from submittingtenders, but must be registered prior to the evaluation of tenders in order for their tenders to be responsive.

Preferences are offered to tenderers who tender a contract participation goal in respect of HistoricallyDisadvantaged Individuals (HDI) Participation.

The physical address for collection of tender documents is:

Tender Office, 5th

Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard, Cape Town.

Documents may be collected during working hours between 08:30 13:00 and 14:00 16:00 from Friday, 17July 2009.

A non-refundable tender deposit of R100.00 payable by crossed cheque made out in favour of the City of CapeTown, is required on collection of the tender documents.

Queries relating to the issue of these documents may be addressed to Mr Alan Mark van Heerden, Tel No. (021)400 2505, Fax No. 021 419 7659, email [email protected].

A non-compulsory clarification meeting with representatives of the Employer will take place at the offices of

Webber Wentzel15th Floor, Convention Tower, Heerengracht, Foreshore, Cape Town on Monday, 27 July 2009

starting at 10:00.

The closing time for receipt of tenders is 10:00on Friday 21 Augus t 2009.

Telegraphic, telephonic, telex, facsimile, e-mail and late tenders will not be accepted.

Tenders may only be submitted on the tender documentation that has been issued.

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the TenderData.


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CITY OF CAPE TOWN




Venue for Clarification Meeting to be held at 10:00 on 27 July 2009

Address: Webber Wentzel15th Floor, Convention Tower, Heerengracht, Foreshore, Cape Town, 8001P O Box

3667, Cape Town, 8000. Phone: +27 21 431 7000.

Parking will be made available for tenderers in the Convention Centre's Parking Area 3. Those tenderers whowish to make use of the provided parking facilities, should access Convention Tower through Parking Area 3 ofthe Convention Centre.


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CITY OF CAPE TOWN




T1.2 Tender Data

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of Board Notice 12 of2009 in Government Gazette No. 31823 of 30 January 2009, Construction Industry Development Board (CIDB)Standard for Uniformity in Construction Procurement (see www.cidb.org.za), which are reproduced withoutamendment or alteration for the convenience of tenderers as an Annex to this Tender Document attached topage viii.

The Standard Conditions of Tender make several references to the Tender Data for details that apply specificallyto this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistencybetween it and the standard conditions of tender. Each item of data given below is cross-referenced to the clausein the Standard Conditions of Tender to which it mainly applies.

The following variations, amendments and additions to the Standard Conditions of Tender as set out in

the Tender Data below shall apply to this t ender:

Clause Tender Datanumber

F.1 GeneralF.1.1 Actions

Add the following:For the purpose of the tender adjudication and award of the contract the Employer is the City ofCape Town, represented by the Executive Director: Transport Roads and Stormwater.

The City of Cape Town is in the process of establishing the Cape Town Public Transport Entity ,a municipal entity established in terms of the Municipal Systems Act, Act 32 of 2000, to undertakethe administration of public transport services on its behalf in the City of Cape Town. On theestablishment of the Cape Town Public Transport Entity it will take over the responsibilities ofEmployer in terms of this contract independently of the City of Cape Town through a cession of the

contract from the City of Cape Town to the Cape Town Public Transport Entity.

If on the date of award of the contract the Cape Town Public Transport Entity is already legallyconstituted and has the capacity to do so it will act as the Employer and will conclude theagreement with the successful tenderer. It will thereafter perform duties as the Employer.

F.1.2 Tender DocumentsAdd the following:The following documents form part of this tender:

VOLUME 1: The Conditions of Contract for Plant and Design-Build for Electrical andMechanical Works and for Building and Engineering Works Designed by theContractor, First Edition 1999 (Yellow Book), available separately from theInternational Federation of Consulting Engineers (FIDIC).

This publication is available and tenderers must obtain copies at their own costfrom the South African Institution of Civil Engineering (SAICE) (tel 011 805 5947)or the South African Association of Consulting Engineers (SAACE) (tel011 463 2022).

Volume 1 may also be inspected, by appointment, at the offices of the Employer/Employers Agentduring normal office hours.

The tender documents issued by the Employer comprise:

VOLUME 2A: The returnable portion of the Tender Document (this document), in which is bound:


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The TenderPart 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: Agr eements and Contract DataC1.1 Form of offer and acceptance

C1.2 Contract dataC1.3 Form of Performance Security - Demand GuaranteeC1.4 Occupational Health and Safety AgreementPart C2: Pricing DataC2.1 Pricing instructionsC2.2 Bills/Schedules of Quantities

VOLUME 2B: The balance of the Tender Document, in which is bound:

Part C3: Scope of WorkC3.1 Description of the WorksC3.2 Engineering DesignC3.3 Installation of WorksC3.4 Testing and CommissioningC3.5 TrainingC3.6 Project Management

C3.7 Maintenance and upgradesC3.8 Detailed Specifications: GeneralC3.9 Detailed Specifications: Onboard SystemsC3.10 Detailed Specifications: Control CentreC3.11 Detailed Specifications: Smart Trunk StationC3.12 Detailed Specifications: Smart Feeder StationC3.13 Detailed Specifications: Bus DepotsC3.14 Detailed Specifications: CommunicationC3.15 Detailed Specifications: MaintenanceC3.16 Detailed Specifications: OperationsC3.17 Glossary

Part C4: Site informationC4.1 Overview of SystemC4.2 The proposed IRT System (Phase 1)C4.3 Services Types

C4.4 Future Phases of the IRT SystemC4.5 Description of Business ModelC4.6 ITS to be provided by Control Centre ContractC4.7 CommunicationC4.8 Drawings and Details

Volume 2A is deemed the Returnable Documents which must be returned to the Employer interms of submitting a tender offer. Volume 2B is non-returnable.

F.1.4 Communication and Employers AgentAdd the following:Attention is drawn to the fact that verbal information, given by the Employer/Employers Agentduring site visits/clarification meetings or at any other time prior to the award of the Contract, willnot be regarded as binding on the Employer. Only information issued formally by the Employer inwriting to tenderers will be regarded as amending the Tender Documents.

The Employers Agent, for the purposes of any communication between the Employer andtenderer, is represented by:

Dr Christoff KrogscheepersITS EngineersPostnet Suite 127Private Bag X7Tyger Valley7536Tel No. (021) 948 7106Fax No. (021) 948 7098Email [email protected].


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F.2 Tenderers obligations

F.2.1 EligibilityAdd the following to F.2.1.1:Only those tenderers who satisfy the following criteria are eligible to submit tenders:

F.2.1.1.1 City of Cape Town (CoCT) SAP Vendor Database Registratio nOnly those tenderers who are registered on the City of Cape Towns SAP Vendor Database as aservice provider prior to the evaluation of submissions are eligible to have their tenders evaluated.The Employer will only enter into a formal contract with a tenderer who is registered on the City ofCape Towns SAP Vendor Database. In the case of Joint Venture partnerships this requirement willapply individually to each party of the Joint Venture.

Tenderers who wish to register on the City of Cape Towns SAP Vendor Database may collectregistration forms from the Manager: Supplier Management, 8

th Floor, Civic Centre (Tel 021

400 4413).

F.2.1.1.2 Completion of information on t he tendering entityThe tenderer must submit information as indicated below. Employer will use this information,supplemented by other information provided by the tenderer, to evaluate and score quality oftenders.

Experience of South African component of tendering entityThe design and implementation experience of the local South African component of tenderers

resources on similar projects must be appended to Schedules 3 and 4 Part T2.2 ReturnableSchedules.

Experience of Overseas component of tendering entityThe design and implementation experience that the overseas component of tenderers resourceshas had on similar projects must be appended to Schedules 3 and 4, Part T2.2 ReturnableSchedules.

Split of work between local and overseas professional staff componentsThe tender must submit an assessment of the extent of the design and implementation functionsthat will be undertaken by professional staff resources originating from the tenderers South Africanand overseas components. These should be provided in man-hours of key professional staff,support staff and any other human resources must in addition be provided. The figures shouldinclude tenderers own resources, either as a sole entity or a joint venture, and any sub-contractors.

The analysis must be completed in Schedule 5, Part T2.2 Returnable Schedules.

Split of projected contract claims between local and overseasThe tender must submit an assessment of the projected contract claims in Rands for resources thatwill be acquired from the tenderers South African and overseas components respectively. Theseshould be provided for (i) human resources and (ii) for equipment, parts and software to bepurchased for installation. The figures should include the tenderers own resources, either as a soleentity or a joint venture, and any sub-contractors.

The analysis must be appended to Schedule 5, Part T2.2 Returnable Schedules.

Work PlanThe tenderer must append a work plan as part of the Schedule 9, Part T2.2 Returnable Documents.The document will be used to provide evidence that the tenderer has a sound understanding of theScope of Work and how this will be applied in the Contract. During the evaluation processdescribed under F.3.11.9 scores for Quality will be assigned based on the clarity, logic and proofthat the tenderer will be able to discharge his obligations. The Work Plan should include conceptsof the design of the system and should be drafted for reading by persons not necessarily qualified inthe electronics field. The Work Plan including timeline information should not exceed 25 A4 pagesin 11-pitch Arial or equivalent.

F.2.1.1.3 Key PersonnelAbbreviated Curriculum Vitae each the Key professional Personnel listed below and all SupportPersonnel (including those provided by sub-contractors), limited to two A4 pages and including aphotograph, must be submitted as part of Schedule 7, Part T2.2: Returnable Schedules. FullCurriculum Vitae may in addition be appended to Schedule 7.

The term professional as used above refers to a person who is registered with a recognizedinstitution or council. The proof of qualifications and registration numbers of these key professional


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personnel must be indicated on the Curriculum Vitae.

The tenderer must include an undertaking that it will have the key personnel listed below in itspermanent employment at the close of tender. Alternatively, a signed undertaking from a specialistconsultant/firm having the required personnel, stating that they will undertake the necessary work onbehalf of the tenderer in terms of a sub-consultant agreement, will be acceptable. Such undertakingmust be attached to Schedule 8, Part T2.2 Returnable Schedules.

Contractors representativeThe Contractors representative as defined in Clause 1.1.2.5 of the Conditions of Contract and to be

appointed to undertake the Contract on behalf of the tenderer must have at least fifteen (15) yearsexperience with leading the design and/or implementation process of a similar system contemplatedin the tender, and must be a professional project manager or engineer registered with a recognizedprofessional South African or overseas institution of council. The person to be appointed asContractors Representative must lead the tendering entitys submission of the tender.

Lead design professionalThe lead design professional must have at least ten (10) years experience with leading the designprocess of a similar system contemplated in the tender, and must be a professional electrical orelectronics engineer registered with a recognized professional South African or overseas tertiaryinstitution.

Lead installation professionalThe lead implementation professional must have at least ten (10) years experience with leading theinstallation process of a similar system contemplated in the tender, and must be a professional

electrical or electronics engineer registered with a recognized professional South African oroverseas body. The lead installation professional may also undertake the tasks required of the leaddesign professional.

Operations ManagerThe Operations Manager must have at least ten (10) years experience with managing of a similarsystem contemplated in the tender, or can demonstrate that he has the competency to undertakethe function. He/she must be registered with a recognized professional South African or overseasbody in a discipline that is compatible with the function, which should be one of the technicalsciences. The lead installation professional may also undertake the tasks required of the leaddesign professional or lead installation professional.

Maintenance ManagerThe Maintenance Manager must have at least ten (10) years experience with maintaining, installingor developing a similar system contemplated in the tender, and must be a professional electrical orelectronics engineer registered with a recognized professional South African or overseas body. The

Maintenance may also undertake the tasks required of the lead design professional or leadinstallation professional.

F.2.1.1.4 Minimum number of points f or QualityIn order to be considered for an appointment in terms of this tender, tenderers must achieve theminimum number of evaluation points for quality as stated in F.3.11.9.

F.2.7 Clarification meetingAdd the following:Arrangements for the clarification meeting will be as stated in the Tender Notice and Invitation toTender.

The clarification meeting will not be compulsory.

F.2.12 Al ternative tender of fersAdd the following to F.2.12.1:

F.2.12.1 The Tenderer may submit alternative tenders which alter the Scope of the Works and which in hisopinion are suitable and advantageous to the Employer. The Employer/Employers Agent willexamine such proposals but shall not be bound to accept any such tenders.

All such alternative tenders shall be fully detailed and submitted on separate complete sets ofTender Documents and shall be clearly marked as alternative tenders. All alternative tenders shallbe accompanied by a covering letter clearly stating where the alternative tender differs from theTender.

No alternative tender will be considered unless a Tender free of qualifications and strictly on thebasis of the Tender Documents is also submitted.


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All proposed technical characteristics as well as the modified Pricing Data shall be submitted withthe alternative tender in order to allow the Employer/Employers Agent to fully evaluate the offer andidentify any deviation from specified requirements.

If subsequently required, the Tenderer shall submit fully detailed drawings and calculations of thealternative tender in the form set out by the Employer/Employers Agent.

Tenderers are required to indicate alternative tender offers in Schedule 21: Alterations/Amendments by Tenderer in T2.2 Returnable Schedules.

F.2.12.2 If a tenderer submits tenders for both this Tender and Tender no. 24G/2009/10 for the Design,Supply, Delivery, Installation, Testing, Commissioning, and Maintenance of the IRT AutomatedFare Collection Hardware and Software, and Provision of Certain Related Services, any pricediscounts that the tenderer wishes to include in its offer to the Employer in the event of the tendererbeing awarded both such tenders, shall be submitted by the tenderer under each such tender as analternative tender.

F.2.13 Submitting a t ender of ferAdd the following to F.2.13.1:

F.2.13.1 i) Deviations

Where the Tenderer cannot tender in all respects in accordance with the foregoing provisions, suchdeviations shall be clearly and separately listed in Schedule 21: Deviations and Qualifications byTenderer in T2.2 Returnable Schedules, or in a Tenderers covering letter.

The Employer/Employer, through his Agent, will examine such deviations but shall not be bound toaccept any such deviations or qualifications.

The sum tendered in the Tender Offer shall be deemed to include for all such deviations orqualifications listed or referred to in Schedule 21: Deviations and Qualifications by Tenderer.

Deviations which are contained in literature, detailed or general descriptions, drawings, equipmentlists, etc. provided with the Tender but which are not clearly and separately listed as describedabove will not be accepted by the Employer and the Tender shall be deemed to comply in allrespects with the foregoing provisions and all costs in this regard shall be for the Contractor'saccount.

ii) Options

The Tenderer may submit options for alternative materials or equipment to that specified for any of

the items in the Schedules of Quantities, which in his opinion are suitable and advantageous to theEmployer. The Employer/Employer through his Agent, will examine such options but shall not bebound to accept any such options.

Such options shall be offered as separately priced items in a Tenderers covering letter which mustaccompany the Tender under the heading Options. Such options shall NOT be listed in Schedule21: Alterations/Amendments by Tenderer.

The sum tendered in the Tender Offer shall be deemed to exclude all such Options.

Add the following to F.2.13.2:F2.13.2 Note that Volume 2B is a non-returnable document but will form part of the Contract agreement.

Add the following to F.2.13.3:F.2.13.3 Parts of each tender offer communicated on paper shall be submitted as an original, plus 0

(nought) copies, unless otherwise stated in the Tender Document.

Add the following after the first sentence of F.2.13.4:F.2.13.4 The tender shall be signed by a person duly authorised to do so. Tenders submitted by joint

ventures of two or more firms shall be accompanied by the document of formation of the jointventure, authenticated by a notary public or other official deputed to witness sworn statements, inwhich is defined precisely the conditions under which the joint venture will function, its period ofduration, the persons authorised to represent and obligate it, the participation of the several firmsforming the joint venture, and any other information necessary to permit a full appraisal of itsfunctioning.

Add the following to F.2.13.5:


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F.2.13.5 The Employers address for delivery of tender offers and identification details to be shown on eachtender offer package are:

Location of tender box: Tender Box 58.Physical address: Tender Office, 5

thFloor, Tower Block, Civic Centre,

12 Hertzog Boulevard, Cape Town.Identification details: Tender number 25G/2009/10

Title of tender: Design, Supply, Delivery, Installation, Testing,Commissioning and Maintenance of the IRT Control CentreHardware and Software Systems

Sealed tenders with the Tenderers name and address and the endorsement TENDER NO.25G/2009/10: DESIGN, SUPPLY, DELIVERY, INSTALLATION, TESTING, COMMISSIONINGAND MAINTENANCE OF THE IRT CONTROL CENTRE HARDWARE AND SOFTWARESYSTEMS" on the envelope, must be placed in the appropriate official tender box at theabovementioned address.

Add the following to F.2.13.6:F.2.13.6 Two-envelope procedure

A two-envelope procedure will not be followed.

F.2.15 Closing timeAdd the following to F.2.15.1:

F.2.15.1 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation toTender.

Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

F.2.16 Tender offer validityAdd the following to F.2.16.1:

F.2.16.1 The tender offer validity period is 120 days.

F.2.17 Clarification of tender offer after submissionAdd the following:A tender will be rejected as non-responsive if the Tenderer fails to provide any clarificationrequested by the Employer within the time for submission stated in the Employers written requestfor such clarification. A tender will also be rejected as non-responsive if the Tenderer fails, withinthe stated number of days of having been notified in writing by the Employer, to comply with therequirements of F.4.4.

F.2.18 Provide other material

Add the following to F.2.18.1:F.2.18.1 Provide, where the tendered amount inclusive of VAT exceeds R10 mill ion :

i) audited annual financial statements for 3 years, or for the period since establishment ifestablished during the last 3 years, if required by law to prepare annual financial statementsfor auditing;

ii) a certificate signed by the tenderer certifying that the tenderer has no undisputedcommitments for municipal services towards a municipality or other service provider inrespect of which payment is overdue for more than 30 days;

iii) particulars of any contracts awarded to the tenderer by an organ of state during the past fiveyears, including particulars of any material non-compliance or dispute concerning theexecution of such contract;

iv) a statement indicating whether any portion of the goods or services are expected to besourced from outside the Republic, and, if so, what portion and whether any portion ofpayment from the municipality or municipal entity is expected to be transferred out of theRepublic.

Each party to a Consortium/Joint Venture shall submit separate certificates/statements in the aboveregard.

F.2.23 CertificatesAdd the following:The tenderer is required to submit the following:

F.2.23.1 Tax Clearance CertificateTenderers that are local South African companies and South African companies that form part of ajoint venture shall be registered and in good standing with the South African Revenue Service(SARS) and shall submit documentary evidence in the form of an original valid Tax Clearance


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Certificate issued by SARS or proof that he or she has made arrangements with SARS to meet hisor her outstanding tax obligations.

Each party to a Consortium/Joint Venture that is a South African entity shall submit a separate TaxClearance Certificate, or proof that he or she has made the necessary arrangements with SARS.

F.2.23.2 Bargaining Council CertificateWhere applicable, a certificate of compliance issued by the relevant Bargaining Council.

Each party to a Consortium/Joint Venture shall submit separate certificates in the above regard.


F.3.4 Opening of tender submissionsAdd the following to F.3.4.1:

F.3.4.1 The time and location for opening of the tender offers is:

Time: Tenders will be opened immediately after the closing time for receipt of tenders as stated inthe Tender Notice and Invitation to Tender, or as stated in any Addendum extending the closingdate.

Location: Tender Office, 5th

Floor, Tower Block, Civic Centre, 12 Hertzog Boulevard , Cape Town.

F.3.8 Test for responsivenessAdd the following:Tenders will be considered non-responsive if, inter alia:- the tender is not in compliance with the Scope of Work and the Technical Specifications set

out in Part C3;- the tenderer is not registered on the City of Cape Towns SAP Vendor Database prior to the

evaluation of submissions;- the tenderer has failed to clarify or submit any supporting documentation within the time for

submission stated in the employers written request.

F.3.11 Evaluation of tender offers

F.3.11.1 GeneralAdd the following:In terms of Councils current Supply Chain Management Policy this project has been identified as aMajor Project (over R2 000 000,00) targeting enterprises with equity ownership by Historically

Disadvantaged Individuals (HDIs) performing as prime contractors, joint venture partnerships, sub-contractors, suppliers, manufactures, and/or service providers.

As the Project Works required for this tender is considered to be of a complex nature, requiringconsiderable expertise with respect to the specialized processes, controls and equipment specifiedin the scope of work, it is considered essential that Tenderers should be suitably qualified andexperienced and have the necessary capability and resources. The procedure for the evaluation ofresponsive tenders therefore, is Method 4: Financial offer, quality and preferences.

F.3.11.5 Method 4: Financial offer, quality and preferencesReplace F.3.11.5 b) with the following:The procedure for the evaluation of responsive tenders is Method 4. The total score for financialoffer, quality and preference will be calculated as follows:

NT = WC+ NPwhere,

NT = Total Score awarded to the tenderer under consideration (max 100),WC = Score for quality and financial offer (max 90),NP = Score for preference (max 10),

and where WC = W3 x [1 + (S Sm)] where,Sm

W3 = the number of tender evaluation points available for quality and financialoffer and equals90,

S = the sum of percentage scores for quality and financial offer of thesubmission under consideration,


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Sm = the sum of percentage scores for quality and financial offer of thesubmission scoring the highest number of points.

Add the following:f) If, after tenders have been brought to a comparative level, two or more tenders score equal

total evaluation points, the recommended tenderer shall be the one scoring the highestpreference points.

F.3.11.7 Scoring financial offersReplace F.3.11.7 with the following:

The formula for calculating the value of A shall be Formula 2 (Option 2).

The score for financial offer is calculated using the following formula for each responsive tenderunder consideration:

NFO = W1x A where,

NFO= the percentage score achieved for financial offer,W1 = the percentage score given to financial offer and equals 55,

and where A = Pm where,P

Pm = the comparative offer of the most favourable tender offer,P = the comparative offer of the tender offer under consideration.

F.3.11.8 Scoring PreferencesAdd the following:Points will be awarded to tenderers who complete the following Preferencing Schedule which isincluded in T2.2 : Returnable Schedules:

Schedule 15: Preferencing Schedule (where preferences are granted in respect of HDIParticipation) and attached Annex A

Points for PreferenceA maximum of 100 minus (WC)tender evaluation points will be awarded for preference (NOP) withresponsive tenders scoring points in accordance with the criteria listed below.

HDI ParticipationA maximum of 10 tender evaluation points (NOP) will be awarded for HDI Participation withresponsive tenders under consideration scoring points according to the formula:

NP = NOP x CPG1100

Where NP = number of tender evaluation points awarded for HDI participationNOP = 10CPG1 = tendered Contract Participation Goal in respect of HDI Participation (from

Schedule 15)

The conditions associated with the granting of preferences in respect of HDI Participation(described in the Preferencing Schedule) shall apply to this Contract.

F.3.11.9 Scoring quality (functionality)Replace F.3.11.9 with the following:The score for quality is to be calculated using the following formula for each responsive tenderunder consideration :

WQ = W2 x SO where,MS

WQ = the percentage score achieved for quality,W2 = the percentage score given to quality and equals 45,SO = the score for quality allocated to the submission under consideration,MS = the maximum possible score for quality in respect of a submission (50 points).

IMPORTANT NOTE: Tenderers that receive a score for SO of 40 or less quality points will beexcluded from further participation in the evaluation process.

F.3.11.9.1 Composition of the Tendering Entity as input t o award of quality pointsSouth African registered company and established office


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The entity or at one of the participants of a joint venture constituting the entity submitting a tender,should preferably, at the date of submission of the tender, have a company registered in SouthAfrica. The tendering entity or one of its participants must at the date of award of the contract, havean established office through which all communication with the Employer will flow, and where asignificant portion of design work and all aspects of administration of the contract and itsimplementation in terms of the contract will be carried out. The address of the local office, ifestablished at the time of tender submission, must be indicated on Schedule 1, Part T2.2:Returnable Schedules, and which will be regarded as the domicilium citandi et executandi for thepurposes of any contract arising from this tender submission. In the case where the address of alocal office is not available at the time of tender submission the tenderer is to provided his overseas

address.

The tenderer is required under Clause F.1.1.2 to submit information on the experience of the localSouth African component of tenderers resources on similar projects to be appended to Schedules 3and 4 Part T2.2 Returnable Schedules.

Overseas component of tendering entityTenderers are encouraged to secure an overseas component having proven experience on similarsystems already in operation, to form part of the tendering entity.

The tenderer is required under Clause F.1.1.2 to submit information on the experience that theoverseas component of tenderers resources has had on similar projects to be appended toSchedules 3 and 4, Part T2.2 Returnable Schedules.

Split of work between local and overseas professional staff components

The tender is required to submit an assessment of the extent of the design and implementationfunctions that will be undertaken by professional staff resources originating from the tenderersSouth African and overseas components. These are to be provided in man-hours of keyprofessional staff, support staff and any other human resources must in addition be provided. Thefigures include tenderers own resources, either as a sole entity or a joint venture, and any sub-contractors.

The tenderer is required under Clause F.1.1.2 to submit information on the analysis to be appendedto Schedule 5, Part T2.2 Returnable Schedules.

Split of contract claims between local and overseasThe tender is required to submit an assessment of the projected contract claims in Rands forresources that will be acquired from the tenderers South African and overseas componentsrespectively. These are to be provided for (i) human resources and (ii) for equipment, parts andsoftware to be purchased for installation. The figures should include the tenderers own resources,either as a sole entity or a joint venture, and any sub-contractors.

The tenderer is required under Clause F.1.1.2 to submit information on the analysis to be appendedto Schedule 5, Part T2.2 Returnable Schedules.

F.3.11.9.2 Criteria for awarding of quality pointsThe table below will be used by the Bid Evaluation Committee to determine the score for qualityallocated to the submission under consideration, that score being SO =S1 +S2 + S3 + S4 + S5 + S6+S7.

Item Subcriteria Descripti onMaximum

score

1Experience of tenderer through evidence of havingundertaken similar work and having resources andskills available for the project

1.1 S1Establishment, qualifications and demonstration ofexperience and professional capacity in South Africa inrelation to the scope of work

10

1.2 S2International experience and capacity outside SouthAfrica and which will complement the tendererscapability in relation to the scope of work

10

2Work Plan: quality of technical proposal, technical meritand response to the proposed scope of work/projectdesign/implementation under headings below

2.1 S3 Bus scheduling and tracking systems 5

2.2 S4 Passenger information systems 5

2.3 S5 CCTV communication systems 5

2.4 S6 Control centre 5


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3 S7Demonstration of a working model proving functionalityof system being offered to meet objectives and scopeof work

10

MS Total maximum quality score summation of S1 S7 50

The minimum SO score for quality is 40. Tenderers that fail to achieve the minimum score forquality will be rejected.

Where the entity tendering is a Joint Venture the tender must be accompanied by a statementdescribing exactly what aspects of the work will be undertaken by each party to the joint venture(appended to Schedule 2, Part T2.2: Returnable Schedules).

A more detailed explanation of the quality criteria to be applied during the evaluation of tenders isgiven below:

Item 1: Experience of tenderer through evidence of having undertaken similar work andhaving resources and skills available for the project S1 and S2Tenders will be evaluated based on the proven experience of the tenderer on other successfulprojects of the same or similar type as that forming this Contract. Sub-criterion S1will require thetenderer to show evidence of their establishment in South Africa, their offices and systems and thequalifications, key professional staff and support staff that they will make available for the executionof the design and implementation components of the project. The score will be based on theproven capacity of the local team put forward toward contributing to the success of the project. S2will similarly be scored based on the qualifications of key professional staff and support staff

sourced from the overseas component of the overall team.

The tenderer is required to submit a statement describing which aspects of the work will beundertaken by the local component and the overseas component of the project team, and toestimate the man-days of the local and overseas components of the projec

2437 Coct Irt Its Ten Doc Vol 2a 17 Jul 2009

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