INDEPENDENT DEVELOPMENT TRUST · E- mail: [email protected] F.2.1 F.2.1.1 Eligibility Only...

BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL

TENDER NO: DCS07GAUN003-CON

I

INDEPENDENT DEVELOPMENT TRUST VOLUME 1

TENDERING PROCEDURES, RETURNABLE DOCUMENTS, AGREEMENT AND

CONTRACT DATA, SCOPE OF WORK AND SITE INFORMATION

BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING

OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL


CLOSING DATE: 31st July 2020 @12h00

Independent Development Trust (IDT) Physical Address: Glenwood Office Park Cnr. Oberon and Sprite Streets Faerie Glen Pretoria 0043 Contact Name: Mrs. Linnet Barnes

Tenderer Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CIDB Registration Number: . . . . . . . . . . . . . . . . . . . . . .CIDB Grade . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total of the prices inclusive of value added tax: R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ……..

Amount in words inclusive of value added tax: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ……



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TABLE OF CONTENTS

THE TENDER ................................................................................................................................................ 2

PART T1: TENDERING PROCEDURE................................................................................................................ 2

T1.1 TENDER NOTICE AND INVITATION TO TENDER ...................................................................................... 2

T1.2 TENDER DATA .................................................................................................................................... 7

T1.3 SPECIFICATION FOR THE EMPLOYMENT OF SUBCONTRACTOR DEVELOPMENT PROGRAMME (CDP) ERROR!

BOOKMARK NOT DEFINED.

PART 2: RETURNABLE DOCUMENTS ............................................................................................................ 32

T2.1 LIST OF RETURNABLE DOCUMENTS ................................................................................................... 33

T2.2 RETURNABLE SCHEDULES ................................................................................................................. 34

THE CONTRACT .......................................................................................................................................... 88

PART C1 : AGREEMENT AND CONTRACT DATA ........................................................................................... 88

C1.1 FORM OF OFFER AND ACCEPTANCE ................................................................................................... 89

C1.2 CONTRACT DATA ............................................................................................................................. 93

PART C2 PRICING DATA ............................................................................................................................ 130

C2.1 PRICING INSTRUCTIONS ................................................................................................................. 130

C2.2 BILLS OF QUANTITIES – REFER TO VOLUMES II TO VI .......................................................................... 135

PART C3 SCOPE OF WORKS....................................................................................................................... 136

C3 SCOPE OF WORK .............................................................................................................................. 137

PART C4 SITE INFORMATION .................................................................................................................... 141

C4 SITE INFORMATION ............................................................................................................................... 142

ANNEXURES ............................................................................................................................................ 143

BILL OF QUANTITIES (VOLUME A) TENDER DRAWINGS (VOLUME B)



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THE TENDER

Part T1: TENDERING PROCEDURE

T1.1 TENDER NOTICE AND INVITATION TO TENDER



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INDEPENDENT DEVELOPMENT TRUST

BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-

ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL

T1.1 Tender Notice and Invitation to Tender

On behalf of the Department of Correctional Services, the Independent Development Trust, Gauteng, invites tenders to provide construction services for BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL

Only tenders, who have a CIDB contractor grading of Grade 3GB (General Building) or higher are eligible to tender. The evaluation of the tender will be carried out in three (3) phases; PHASE ONE: COMPLIANCE MANDATORY RETURNABLE DOCUMENTS Only competent bidders who meet the following Gate Keepers (Compulsory) Criteria will be eligible for further evaluation.

CIDB registration certificate – Grade 3GB or higher

Valid COIDA by the day of tender closure

Join Venture / Consortium agreement between the parties (if applicable)

CIPIC Document

ID Copies of directors (Original Certified copies) 6 Months

Fully Completed and signed Standard Bidding Documents: a. SBD 1- Invitation to bid b. SBD 4 (Declaration to bid) c. SBD 6.1 (Preference Points Claim Form in terms of the Preferential Procurement Regulations

2017) d. SBD 6.2 (Declaration Certificate for Local Production and Content for Designated Sectors) e. SBD 8 (Declaration of Bidder’s Past Supply Chain Management Practices) f. SBD 9 (Certificate of Independent Bid Determination)

Attendance to the compulsory site briefing session

Record of Addenda to the tender document

Signed Form of Offer and Acceptance including fully completed (In ink) priced tender document Failure to submit any of the above documents / requirements shall result in disqualification of the bid. Note that also if any of its Directors are Listed on the Register of Defaulters shall result in disqualification of the bid. PHASE TWO: FUNCTIONALITY CRITERIA The functionality criteria and maximum score in respect of each of the criteria are as follows: Criteria Points Allocation

Relevant experience on similar scale projects 40 points

Qualifications and experience of key personnel 25 points

Health and Safety Officer 15 points

Construction Methodology Statement 20 points Total 100 points



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Note that the listed additional returnable documents will assist with the functionality scoring: ADDITIONAL RETURNABLE DOCUMENTS

Particulars of Tender's Projects (completion certificates)

Schedule of Tenderer’s References

Schedule of Subcontractors

Company organogram

CV of Key Personnel

Proposed Amendments and Qualifications

Tenderer’s financial standing (Bank Rating Letter)

Cancelled cheque or an original letter from the bank verifying banking details

Letter from the Bank stating all signatories (where more than 1 signatory)

OHS Plan or letter of undertaking from Qualified OHS Consultant

Contractor’s Health and Safety Declaration

PHASE THREE: PREFERENTIAL POINT SYSTEM Only competent tenders who have reached or exceeded the minimum functionality threshold of 60% (60 points) will be evaluated on the 80/20 (Price / B-BBEE) points basis in terms of the Preferential Procurement Policy Framework Act of 2017.

In order to claim and be awarded B-BBEE points bidders must submit an original or an original certified copy of B-BBEE certificate issued by a SANAS accredited agency or an Original Sworn Affidavit signed by a Commissioner of Oaths (see criteria below) (Note - An incomplete sworn affidavit will not be acceptable and will not be awarded any points). In cases of a Joint Venture, only an original consolidated B-BBEE certificate issued by SANAS accredited verification agency will be accepted. STAGE OF AWARD:

The following returnable documents shall be submitted together with the tender documents. Validity of this documentation will be verified at the time of award.

Proof of Central Supplier Database (CSD) registration: full CSD Report is required.

Tax Compliance Letter with a unique pin

Documents will be available online from the 06th July 2020 on the following websites listed below. No printed tender documents will be available at the site clarification session neither at the IDT offices.

http://www.idt.org.za/business-opportunities/current-tenders/

National Treasury e-Tender All queries will be closed by 28th July 2020. Queries relating to this tender may be addressed in writing to the e-mail: [email protected] / [email protected] .No Verbal or telephonic queries will be attended to. Any attempt to verbally contact the IDT’s Agent or IDT’s employee to influence outcome of this tender will lead to disqualification.

CUMPULSORY BRIEFING MEETING A compulsory briefing meeting will take place from the 13 to the 15 July 2020 at Baviaanspoort Correctional Centre. The prison is located in the east of Tshwane and is accessed through the provincial road R513. The kitchen is located within the Baviaanspoort Correctional Centre. The GPS coordinates are 25°40'22.47"S and 28°21'44.04"E The site briefing meeting will have a staggered scheduled, small groups of contractors at a time. Request to attend to the compulsory briefing meeting is required and the interested bidders shall express their intension to attend the briefing meeting by email to [email protected] by 10th July 2020 @ 12h00, to enable the IDT and the DCS, to allocate 2 hours per group from 13th to 15th July 2020. Interested bidders will be informed by IDT of the time slot allocated, by close of business Friday, 10th July 2020.

http://www.idt.org.za/business-opportunities/current-tenders/

mailto:[email protected]





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The bidder’s failure to notify its interest in attending the compulsory meeting by 10th July 2020 @ 12h00, will result in access to the site be denied. Tenderers must sign a compulsory attendance register in the name of the tendering entity. Attendance by key personnel forming part of the project team (as per project organogram) is compulsory. Addenda if any will be issued only to tenders appearing on the attendance register. TENDER CLOSING The tender closing date is the 31st July 2020 at 12:00H. Public opening will not take place. SUBMISSION OF THE BIDS Bid documents must be submitted at the National Offices of the Independent Development Trust on or before the tender closing date. The IDT National Offices is situated at: Glenwood Office Park Cnr Oberon and Sprite Streets Faerie Glen Pretoria 0043 The tender submission should include only one original tender. Initial each page of the tender. Submission including the BOQ. Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data Telegraphic, telephonic, telex, facsimile, e-mail and late tenders WILL NOT be accepted.

DISCLAIMER

The employer reserves the right not to appoint the lowest or any tender.



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T1.2 TENDER DATA



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T1.2 TENDER DATA

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement. (See www.cidb.org.za) which are reproduced without amendment or alteration for the convenience of tenderers as an Annexure to this Tender Data. The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.

T1.2.1 THE PROJECT SPECIFIC CONDITIONS OF TENDER are:

clause number

Tender Data for BID NO: DCS07GAUN003-CON

F.1.1

The employer is the Independent Development Trust.

F.1.2 The tender documents issued by the employer comprises: THE TENDER

Part 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 CONTRACT

Part C1: Agreements and contract data C1.1 Form of offer and acceptance C1.2 Contract data C1.3 Form of Guarantee C1.4 Adjudicator’s appointment Part C2: Pricing data C2.1 Pricing instructions C2.2 Bills of quantities Part C3: Scope of work C3 Scope of work Part C4: Site information C4 Site information / Specifications

http://www.cidb.org.za/



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Clause number

Tender Data for BID (BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL ) NO: DCS07GAUN003-CON

F.1.4

The employer’s agent is: Contact person: Millicent Mogari E- mail: [email protected]

F.2.1

F.2.1.1

Eligibility Only those tenderers who complies with the requirements of these Conditions of Tender, that has been properly and fully completed and signed, and is responsive to the other requirements of the tender documents; will be considered eligible and responsive tender. The following are the mandatory requirements of this tender.

F.2.1.1.1

CIDB Grading

In order to be considered for an appointment in terms of this tender, the tenderer must be registered with the CIDB, in a contractor grading designation in accordance with the sum tendered for a Grade 3GB (General Building) class of construction work, defined by CIDB as follows:

Joint ventures are eligible and preferred with particular reference to local participation and as such submit tenders provided that:

I. every member of the joint venture is registered with the CIDB;

II. the lead partner has a contractor grading designation in the Grade 3 GB (General Building) class of construction work; and

III. the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal or higher to Grade 3 GB (General Building) contractor grading designation determined in accordance with the sum tendered for a (GB) General Building class of construction work.

F.2.1.1.2 Joint ventures

Joint ventures are eligible to have their submissions evaluated provided that:

I. Signed Joint Venture or consortium Agreement Between Parties (if applicable)

II. the joint venture is registered with the CIDB not later than twenty-one (21) working days

from the closing date for tenders;

F.2.1.1.3 SDB Forms: Duly populated and signed Standard Bid Documents:

I. Invitation To Bid (SBD 1)

II. Tax Clearance Certificate Requirements (SBD 2)

III. Signed Declaration of Interest (SBD 4)

IV. Preference Points Claim Forms (SBD 6.1)

V. Declaration Certificate for Local Production And Content For Designated Sectors (SBD

6.2)

VI. Declaration of Bidder’s Past Supply Chain Management Practices (SBD 8)

VII. Certificate of Independent Bid Determination (SBD 9)



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Clause number


F.2.1.1.4 Company Documents

I. Original Certificate of Authority for Signatory II. Contractor's Certified Copy of Registration of Incorporation or Company Registration

Documents. III. Letter of Good standing with Compensation For Occupational And Injuries Dieses Act

(COIDA) Registration Certificate IV. Confidentiality Declaration

F.2.1.1.5 Contractor Key Personnel

In order to be considered for an appointment in terms of this tender, the tenderer must have the following key personnel in its permanent employment at the close of tender. Alternatively, a signed undertaking from an organisation having the required personnel, stating that they will undertake the necessary work on behalf of the tenderer in terms of a sub-contractor agreement, will be acceptable. Such undertaking must be attached to the “Key Personnel” schedule, Part T2.2: Returnable Schedules. Individuals must be identified for each of the key personnel listed on the “Key Personnel” schedule, Part T2.2: Returnable Schedules. Where the key personnel are no longer accessible to undertake the necessary work after the award of the tender, the contractor shall within a period of 5 working days replace the key personnel listed on the “Key Personnel” schedule, Part T2.2: Returnable Schedules with a person with equivalent competencies and subject to approval by the employer. A suitably qualified and experienced construction manager who will be the single-point of accountability and responsibility for the management of the construction works, is required.

F.2.1.1.6 Pricing Documents I. Signed Form of Offer and Acceptance

II. Fully Completed (in INK) Priced, tender document (original IDT document)

F.2.4 Confidentiality and copy right of documents Bidders are required to acknowledge and sign off the confidentiality declaration as stipulated in section T2.1.15

F.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time. If the Addenda has financial implications, failure to acknowledge the addenda may eliminate your bid form evaluation. This is due to incomparability of offers with the rest of the bidders.

F.2.7 Clarification Meeting A compulsory briefing meeting will take place from the 13 to the 15 July 2020 at Baviaanspoort Correctional Centre. The prison is located in the east of Tshwane and is accessed through the provincial road R513. The kitchen is located within the Baviaanspoort Correctional Centre. The GPS coordinates are 25°40'22.47"S and 28°21'44.04"E



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Clause number


The site briefing meeting will have a staggered scheduled, small groups of contractors at a time. Request to attend to the compulsory briefing meeting is required and the interested bidders shall express their intension to attend the briefing meeting by email to [email protected] by 10th July 2020 @ 12h00, to enable the IDT and the DCS, to allocate 2 hours per group from 13th to 15th July 2020. Interested bidders will be informed by IDT of the time slot allocated, by close of business Friday, 10th July 2020. The bidder’s failure to notify its interest in attending the compulsory meeting by 10th July 2020 @ 12h00, will result in access to the site be denied. Tenderers must sign a compulsory attendance register in the name of the tendering entity. Attendance by key personnel forming part of the project team (as per project organogram) is compulsory. Addenda if any will be issued only to tenders appearing on the attendance register.

F.2.8 Seek clarification All queries will be closed by 28th July 2020. Queries relating to this tender may be addressed in writing to the e-mail: [email protected] / [email protected] .No Verbal or telephonic queries will be attended to. Any attempt to verbally contact the IDT’s Agent or IDT’s employee to influence outcome of this tender will lead to disqualification. Clarification will be given within 3 working days after the request is received by the employer to all service providers within the time line stipulated above.

F2.9 Insurances Refer to contract data for insurance requirements.

F.2.11 Alterations to documents Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.

F.2.12

Alternative Tender Offers No alternative tender offers will be considered.

F.2.13

F.2.13.3

F.2.13.4

F2.13.5

Submitting a Tender Offer The tenderer must provide one original signed bid document. The tenderer must submit the signed original tender offer. The tenderer will seal the original tender offer (clearly marked “Original).






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Clause number


F.2.13.6

F.2.13.7

F.2.13.9

The employer’s details and address for delivery of tender offers and identification details that are to be shown on each tender offer should be submitted in the tender box located at the following address. Employer’s address: The Independent Development Trust Glenwood Office Park Cnr Oberon and Sprite Streets Faerie Glen Pretoria 0043 Note: No tenders will be accepted at any other IDT offices The tender submission should be clearly marked using the following Identification details:

- Tender Description: Baviaanspoort Correctional Centre: Kitchen Upgrade: Re-Routing of Existing Sewer Line Outside of Kitchen Wall,

- Tender Number: DCS07GAUN003-CON The employer will reject tender offers submitted by facsimile, e-mail or reproduced.

F.2.15

F.2.15.1

Closing Time of Tender The tender closing date is the 31st July 2020 at 12:00H. Public opening will not take place. Bid documents must be submitted at the National Offices of the Independent Development Trust on or before the tender closing date. The IDT National Offices is situated at:

Glenwood Office Park Cnr Oberon and Sprite Streets Faerie Glen Pretoria 0043

The tender submission should include only one original tender. Initial each page of the tender. Submission including the BOQ. Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data Telegraphic, telephonic, telex, facsimile, e-mail and late tenders WILL NOT be accepted.

F.2.16

F.2.16.1

Tender Offer Validity The bidder is required to hold the tender offer valid for a period of 90 calendar days after the closing date.

F.2.19 Inspections, Tests and Analysis For security reason, no access shall be provided for inspections, tests and analysis on site during tendering period.



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Clause number


F.2.23 Certificates The tenderer is required to submit with his tender:

I. Certificate of Contractor Registration issued by the Construction Industry Development Board;

II. Valid Tax login detailed and pin to be issued by the South African Revenue Services.

III. Original Certificate of Authority for Signatory

IV. Contractor's Certified Copy of Registration of Incorporation or Company Registration Documents.

V. Letter of Good standing with Compensation For Occupational And Injuries Dieses Act (COIDA) Registration Certificate

VI. B-BBEE certificate issued by a SANAS accredited agency or an Original Sworn Affidavit signed by a Commissioner of Oaths (see criteria below) (Note - An incomplete sworn affidavit will not be acceptable and will not be awarded any points). In cases of a Joint Venture, only an original consolidated B-BBEE certificate issued by SANAS accredited verification agency will be accepted

F.3.11 Evaluation of Tender Offers

F.3.11.3 The tender will be evaluated using the Method 2: Functionality, Price and Preference. 1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of points for functionality as stated in the Tender Data. 2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality as indicated in the tender invitation. 3) Tenders that have achieved the minimum qualification score for functionality must be evaluated further in terms of the preference points system prescribed below. The procedure for the evaluation of a responsive tender will be in terms of the Preferential Procurement Regulations 2017 on 80/20 preference point system., with the formula for the calculation of total number of tender evaluation points as detailed below (F.3.11.3).

min

min180

P

PPtPs

Where Ps = Points scored for comparative price of tender under consideration Pt = Price of tender under consideration Pmin = Price of lowest acceptable bid The financial offer will be scored using (option 1) in Table F.1 where the value of W1 is: 1) 80 for price in respect of a tender with a Rand value equal to or above R30 000 and up to a Rand value of R50 million, inclusive of all applicable taxes: Up to 100 minus W1 tender evaluation points will be awarded to tenderers who complete the preferencing schedule and who are found to be eligible for the preference claimed.



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Clause number


F.3.11.8 Scoring Preference Score the preference claimed of the remaining responsive tender offers in terms of Regulation 6 of the Preferential Procurement Regulations 2017, in accordance with the table below:

B-BBEE Status Level

of Contribution

Number of points

(80/20 system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

F.3.11.9 Scoring Functionality

The functionality criteria and maximum score in respect of each of the criteria are as follows: A maximum equal to 100 tender evaluation points will be awarded for quality. Only bidders who score 60% and

above (i.e. 60 points and above out of a total of 100 points) will be further evaluated in terms of the 80/20 price/preference points system. The functionality will be scored using the following criteria and values: Criteria Points Allocation

1. Relevant experience on similar construction projects 40 points 2. Qualifications & Experience of key personnel 25 points 3. Health & Safety Resource 15 points 4. Construction Methodology Statement 20 points

Total 100 points



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Clause number


F.3.11.9.1

F.3.11.9.2

Relevant Experience in Similar construction projects (40 points): a) This sub criteria covers the Number of Completed Projects of Similar Complexity (31 points)

Points are allocated for previous relevant experience on completed project of similar kind and complexity. The similarity refers to projects of a similar kind and complexity relating to building works, plumbing installations, sewer reticulation, in the past 10 years. In support tenderers are to complete the “Relevant Experience in Similar construction projects” returnable schedule and attach thereto original certified copies of relevant completion certificates (final completion or letter from the client (client letter head) confirming completion of such a project).

Evaluation points will be awarded in terms of the following tables:

Number of construction projects of similar kind and complexity relating to building works, plumbing

installations, sewer reticulation, in the past 5 years

Number of points

More than 3 similar projects successfully completed 31

3 similar projects successfully completed 30



0 No supporting documentation for completed projects 0

b) This sub criteria covers the Client References (9 points):

Points are allocated for performance on previous projects executed in terms of the respective completed “Client Reference Letter” (see returnable schedules) for the projects listed on the abovementioned “Relevant Project Experience in Similar construction projects” returnable schedule.

Evaluation points will be awarded in terms of the following table:

Projects

Overall assessment by Client

Poor

Fair

Good

Very Good / Excellent

Project A 0,5 1 2 3

Project B 0,5 1 2 3

Project C 0,5 1 2 3

Not Submitted 0 0 0 0

Total number of points 1,5 3 6 9

Qualification and Competencies of key personnel (25 points):

Points are allocated for professional qualifications and experience of allocated key personnel for the project under consideration. For each key personnel allocated to the project, the bidders shall submit for following: Curriculum Vitae together with certified proof of qualifications and years of experience within the built environment profession (as per returnable schedule T2.1.21) Evaluation points will be awarded in terms of the following table:

Qualifications and Professional Registration & Years of Experience (Maximum score 25 Points)

Category Qualification within the Built Environment Years of experience

Degree NQF Level 7

Diploma NQF Level 6

Higher Certificate NQF L-5

National Certificate or below

10 or above year

5 - 9 years

1 - 4 years

< 1 year

Contractor Director

5 2,5 1,5 0,5 5 3 1 0

Foreman 5 5 2,5 1 5 3 1 0

Artisan 2,5 2,5 2,5 2,5 2,5 1,5 0,5 0



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Clause number


F.3.11.9.3 Health and Safety Resource (15 points):

15 Points will be allocated for tenderers who have at least one Construction Health and Safety Officer allocated to the project, with the relevant experience and with Professional registration from SACPCMP. Tenderers are required to provide a Curriculum Vitae together with certified proof of qualifications and professional registration as Construction Health and Safety officer.

Category Criteria Points

Health and Safety Resource

Registered with SACPCMP as CSHO 15

Registered with SACPCMP as Candidate CSHO 12

More than 3 years of experience without SACPCMP Registration

9

Less than 3 years of experience without SACPCMP Registration

6

No submission 0

Where the Health and Safety officer allocated to this project is no longer accessible to undertake the necessary work after the award of the tender, the contractor shall within a period of 5 working days replace the Construction Health and Safety Officer with a person with equivalent competencies subject to approval by the employer. A suitably qualified and experienced Construction Health and Safety officer who is a fully registered member with SACPCMP is preferable.

F.3.11.9.4 Construction Methodology Statement (20 points):

20 Points will be allocated for the relevant Construction Methodology Statement submitted by the tenderers. Evaluation points will be awarded in terms of the following table:

Very good: Besides meeting the “good” rating, the methodology statement have an innovative and efficient way, indicating that the tenderer has outstanding knowledge of state of the approaches. The approach paper details ways to improve the project outcomes and the quality of the outputs.

20

Good: The methodology statement is specifically tailored to address the project objectives and is sufficiently flexible to accommodate changes that may occur during execution. The work plan fits the approach paper well; it is appropriate and consistent with project objectives and requirements. There is a fair degree of detail that facilitates understanding of the proposed work plan

15

Satisfactory:

The methodology statement is generic and not tailored to address the specific project objectives and requirements. The approach does not adequately deal with the critical characteristics of the project.

10

Poor:

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

5

Not Submitted No documentation submitted 0



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F.3.11.9 QUALITY CRITERIA: SCORECARD LEGEND (Summary)

VARIABLES

TOTAL POINTS

CRITERIA

DESCRIPTION OF

CRITERIA

POINTS

FUNCTIONALITY POINTS 100

Relevant experience on similar construction projects

40 As per Tender Data F

3.11.9.1

Points allocated for track record based on the similar scale of previous projects executed by tenderer in consideration & Client References Letters

As per Tender Data

F 3.11.9.1

Qualifications & Competences of Key personnel


3.11.9.2

Points awarded for required competencies & qualifications of allocated personnel for the project in consideration

As per Tender Data

F 3.11.9.2

Health and Safety Resource 15 As per Tender Data F

3.11.9.3

Points allocated for the submitted Safety Health & resource allocated to the project

As per Tender Data

F 3.11.9.3

Construction Methodology Statement


3.11.9.4 Points allocated for the submitted documentation

As per Tender Data

F 3.11.9.4

Tenderers are required to score minimum points of 60% for Quality as stated in the Tender Data. Tenderers who fail to meet the required minimum number of points for quality as stated in the Tender Data will not be considered for further

evaluation.

EMPOWERMENT POINTS (NP) 20

B-BBEE Points 20

B-BBEE Contributor Level 1 Points allocated to entities who are contributing

towards the empowerment of black people (a SANAS accredited BEE Certificate MUST be submitted with the bid documents before

any points can be allocated)

20

B-BBEE Contributor Level 2 18







FINANCIAL OFFER / PRICE POINTS (NFO)

80

Financial Offer / Price 80

Formula 2, Option 1, A = (1 – {p – pm/pm}) Formula used to calculate

Financial Offer / Price

pm = Comparative price of the mean/average qualifying tender

p = Comparative offer of the tender under consideration

TOTAL EVALUATION POINTS (TEV) 100

Formula, TEV = NFO + NP A maximum of 80 points to be

awarded for price and 20

points for preference

NFO = number of tender evaluation points awarded for the financial offer

NP = number of tender evaluation points awarded for preference



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Clause number

Tender Data for BID NO: DCS07GAUN003-CON

F.3.15 Complete adjudicator contract

This clause should be read in conjunction with the contract data of the tender.

F.3.16 Notice to Unsuccessful Tenderers Should tenderers not hear from the IDT within ninety (90) calendar days of closure, they should consider their submission unsuccessful unless there is granted extension of tender validity period. Award will be posted on I-tender within CIDB website within 30 days of award. No written notification directed to each tenderer will be issued by the Employer to unsuccessful tenderers.

F.3.17 Provide Copies of the Contract The number of paper copies of the signed contract to be provided by the employer is one.

F.3.20 The additional conditions of tender are: The employer is not obliged to accept the lowest bidder.



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T1.2.2 ANNEXURE F: STANDARD CONDITIONS OF TENDER (As contained in ADDENDUM F of the CIDB Standard for Uniformity in Construction Procurement) Standard Conditions of Tender As published in Annexure F of the CIDB Standard for Uniformity for construction Procurement, Board Notice 136 Government Gazette No 38960 of 10 July 2015

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. In their 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 obligations and 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

shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such 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 for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position 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 personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken.

F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention

and 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.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable 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 tender

evaluation purposes, shall not form part of any contract arising from the invitation to tender.



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

a) conflict of interest means 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 organization is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or

iii) Incompatibility or contradictory interests exist between an employee and the organization which employs that employee.

b) comparative offer means the price after the factors of a non-firm price and all unconditional discounts it can be utilized to have been taken into consideration;

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

d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels;

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

f) Functionality means the measurement according to the predetermined norms of a service or commodity designed to be practical and useful, working or operating, taking into account quality, reliability, viability and durability of a service and technical capacity and ability of a tenderer.

F.1.4 Communication and employer’s agent Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data.

F.1.5 Cancellation and Re-Invitation of Tenders F1.5.1 An organ of state may, prior to the award of the tender, cancel a tender if-

(a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or

(b) funds are no longer available to cover the total envisaged expenditure; or

(c) No acceptable tenders are received. F1.5.2 The decision to cancel a tender must be published in the CIDB website and in the government Tender Bulletin for the media in which the original tender invitation was advertised.

F.1.6 Procurement procedures

F.1.6.1 General

Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in 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 Competitive negotiation procedure

F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the 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 position of tenderers shall not apply.

F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment

http://en.wikipedia.org/wiki/Duty

http://en.wikipedia.org/wiki/Duty



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and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such 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.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised 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 tenderers have 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 1 Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the highest 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 all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents.

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

F.2 Tenderer’s obligations

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 basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders.

F.2.2 Cost of tendering

F2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements.

F2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost

incurred by the employer for printing the documents. Employers must attempt to make available the tender documents on its website so as not to incur any costs pertaining to the printing of the tender documents.



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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 tender documents by reference.

F.2.6 Acknowledge addenda

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

F.2.7 Clarification 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 clarification

Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before 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 cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified 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 Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data.

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

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

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

F.2.11 Alterations to documents Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations.



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F.2.12 Alternative tender offers

F.2.12.1 Unless 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 as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed.

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

F.2.12.3 An alternative tender offer may only be considered in the event that the main tender offer is the winning tender.

F.2.13 Submitting 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 to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically (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 copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer.

F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable 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 identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable documents listed in the tender data in an envelope marked “financial proposal” and place the remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and contact address.

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

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

F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise 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 form required, may be regarded by the employer as non-responsive.



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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 later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery.

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

F.2.16 Tender offer validity

F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in 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 an agreed additional period with or without any conditions attached to such extension.

F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted 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 the requirements 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 the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted. Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred 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, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples 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 time for submission stated in the employer’s 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 tender data.

F.2.20 Submit securities, bonds and policies

If requested, submit for the employer’s 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 the contract data.



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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 issue the 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 of the 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 The employer’s undertakings

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 five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.

F.3.1.2 Consider any request to make a 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 to prequalify a tenderer to submit a 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 meet any 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 as another joint venture; or

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

F.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three days before the tender closing time stated in the 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 necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.

F.3.4 Opening of tender submissions

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

F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where



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applicable, the total of his prices, number of points claimed for its BBBEE status level and time for completion for the main tender offer only.

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

F.3.5 Two-envelope system

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

F.3.5.2 Evaluate functionality of the technical proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the functionality evaluation more than the minimum number of points for functionality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any points claimed on BBBEE status level. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for functionality.

F.3.6 Non-disclosure

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

F.3.7 Grounds for rejection and disqualification

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 fraudulent practices.

F.3.8 Test for responsiveness

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, and

c) is responsive to the other requirements of the tender documents.

F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer'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, or

c) 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 or withdrawal of the non-conforming deviation or reservation.



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F.3.9 Arithmetical errors, omissions and discrepancies

F.3.9.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation 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; or

c) arithmetic errors in:

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

ii) the summation of the prices. F3.9.2 The employer must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in words shall govern.

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

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

Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of the arithmetical error in the manner described above.

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 the tender 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 a

comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data.

F.3.11.2 Method 1: Price and Preference

In the case of a price and preference:

1) Score tender evaluation points for price 2) Score points for BBBEE contribution 3) Add the points scored for price and BBBEE.

F.3.11.3 Method 2: Functionality, Price and Preference In the case of a functionality, price and preference:

1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of points for functionality as stated in the Tender Data.

2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality as indicated in the tender invitation.



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3) Tenders that have achieved the minimum qualification score for functionality must be evaluated further in terms of the preference points system prescribed in paragraphs 4 and 4 and 5 below.

The 80/20 preference point system for acquisition of services, works or goods up to Rand value of R50 million

1) (a)(i) The following formula must be used to calculate the points for price in respect of tenders( including price quotation) with a rand value equal to, or above R 30 000 and up to Rand value of R 50 000 000 ( all applicable taxes included):

Where Ps = Points scored for comparative price of tender or offer under consideration; Pt = Comparative price of tender or offer under consideration; and Pmin = Comparative price of lowest acceptable tender or offer.

(4)(a)(ii) An employer of state may apply the formula in paragraph (i) for price quotations with a value

less than R30 000, if and when appropriate:

(4)(b) Subject to subparagraph(4)(c), points must be awarded to a tender for attaining the B-BBEE

status level of contributor in accordance with the table below:

B-BBEE status level of contributor Number of points

1 20

2 18

3 16

4 12

5 8

6 6

7 4

8 2


(4)(c) A maximum of 20 points may be allocated in accordance with subparagraph (4)(b)

(4)(d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in subparagraph (4) (b) must be added to the points scored for price as calculated in accordance with subparagraph (4)(a).

(4)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.

The 90/ 10 preference points system for acquisition of services, works or goods with a Rand value above R 50 million

(5)(a) The following formula must be used to calculate the points for price in respect of tenders with a Rand

value above R50 000 000 (all applicable taxes included):



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Where Ps = Points scored for comparative price of tender or offer under consideration; Pt = Comparative price of tender or offer under consideration; and Pmin = Comparative price of lowest acceptable tender or offer.

(5)(b) Subject to subparagraph(5)(c), points must be awarded to a tender for attaining the B- BBEE status

level of contributor in accordance with the table below:

B-BBEE status level of contributor Number of points

1 10

2 9

3 8

4 5

5 4

6 3

7 2

8 1


(5)(c) A maximum of 10 points may be allocated in accordance with subparagraph (5)(b).

(5)(d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in subparagraph (5) (b) must be added to the points scored for price as calculated in accordance with subparagraph (5)(a).

(5)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.

F.3.11.6 Decimal places

Score price, preference and functionality, as relevant, to two decimal places.

F.3.11.7 Scoring Price Score price of remaining responsive tender offers using the following formula: NFO = W1 x A where: NFO is the number of tender evaluation points awarded for price. W1 is the maximum possible number of tender evaluation points awarded for price as stated in the Tender Data. A is a number calculated using the formula and option described in Table F.1 as stated in the Tender Data.



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Table F.1: Formulae for calculating the value of A

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

F.3.11.8 Scoring preferences Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data 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 provisions of the tender data.

F.3.11.9 Scoring functionality

Score each of the criteria and sub-criteria 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 = W2 x SO / MS where: SO is the score for quality allocated to the submission under consideration; MS is the maximum possible score for quality in respect of a submission; and W2 is the maximum possible number of tender evaluation points awarded for the quality as stated 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 / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide.

F.3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any risk and only if the tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s procurement,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional 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, under Business Rescue as provided for in chapter 6 of the Companies Act, 2008, 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 any of the foregoing,

e) complies with the legal requirements, if any, stated in the tender data, and

f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.



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F.3.14 Prepare contract documents

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

a) addenda issued during the tender period,

b) inclusion of some of the returnable documents, and

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 contract

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 is signed.

F.3.16 Notice to unsuccessful tenderers

F.3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period.

F.3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other tenderers that their tender offers have not been accepted.

F.3.17 Provide copies of the contracts

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

F.3.18 Provide written reasons for actions taken

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

F3.19 Transparency in the procurement process

F3.19.1 The cidb prescripts require that tenders must be advertised and be registered on the cidb i-Tender system.

F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and accountability as transparency requirements in the procurement process.

F3.19.3 The transparency model must identify the criteria for selection of projects, project information template and the threshold value of the projects to be disclosed in the public domain at various intervals of delivery of infrastructure projects.

F3.19.4 The client must publish the information on a quarterly basis which contains the following

information:

Procurement planning process

Procurement method and evaluation process

Contract type

Contract status

Number of firms tendering



31

Cost estimate

Contract title

Contract firm(s)

Contract price

Contract scope of work

Contract start date and duration

Contract evaluation reports

F3.19.5 The employer must establish a Consultative Forum which will conduct a random audit in the implementation of the transparency requirements in the procurement process.

F3.19.6 Consultative Forum must be an independent structure from the bid committees. F3.19.7 The information must be published on the employer’s website.

F 3.19.8 Records of such disclosed information must be retained for audit purposes.



32

PART 2: RETURNABLE DOCUMENTS



33

T2.1 LIST OF RETURNABLE DOCUMENTS

List of returnable documents are for ensuring that everything the employer requires a tenderer to submit with his tender is included in, or returned with his tender submission for the purpose of evaluating tenders and other schedules which upon acceptance become part of the subsequent contract. Tick below if returnable document is attached or completed properly.

The original certified documents must not be older than Six (6) months.

MANDATORY

Ref LIST OF RETURNABLE DOCUMENTS TICK IF ATTACHED

T2.1.1 Invitation To Bid (SBD 1)

T2.1.2 Tax Clearance Certificate Requirements (SBD 2)

T2.1.3 Signed Declaration of Interest (SBD 4)

T2.1.4 Preference Points Claim Forms (SBD 6.1)

T2.1.6 Declaration of Bidder’s Past Supply Chain Management Practices (SBD 8)

T2.1.7 Certificate of Independent Bid Determination (SBD 9)

T2.1.8 Original Certificate of Authority for Signatory

T2.1.9 Signed Joint Venture or consortium Agreement Between Parties (if applicable)

T2.1.10 CIDB Registration Certificate

T2.1.11 Contractor's Certified Copy of Registration of Incorporation or Company Registration Documents

T2.1.12 Letter of Good standing with Compensation For Occupational And Injuries Dieses Act (COIDA) Registration Certificate

T2.1.13 Record of Addenda to the tender document

T2.1.14 CSD full report

T2.1.15 Original certified copy of company directors ID

T2.1.16 Confidentiality Declaration

C1.1 Signed Form of Offer and Acceptance

C2.2 Fully Completed (in INK) Priced, tender document (original IDT document)

NON-MANDATORY BUT FOR SCORING/EVALUATION PURPOSES

Ref LIST OF RETURNABLE DOCUMENTS TICK IF ATTACHED

T2.1.16 Original certified copy of the B-BBEE Certificate

T2.1.17 Amendments, Qualifications And Alternatives

T2.1.18 Experience on projects of similar nature and magnitude (including completion certificates)

T2.1.19 Stamped Client Reference Forms with scoring (for T2.1.18 projects)

T2.1.20 Tenderer’s financial standing (Bank Rating Letter)

T2.1.21 Cancelled cheque or an original letter from the bank verifying banking details

T2.1.22 Letter from the Bank stating all signatories (where more than 1 signatory)

T2.1.23 CVs of Key Personnel including Certified proof of qualifications and professional registration and their

T2.1.24 OHS Plan or letter of undertaking from Qualified OHS Consultant

T2.1.25 Contractor’s Health and Safety Declaration

T2.1.26 Schedule of Subcontractors



34

T2.2 RETURNABLE SCHEDULES


PROJECT NO: DCS07GAUN003-CON

46

2.2 RETURNABLE SCHEDULES THAT WILL BE INCORPORATED INTO

THE CONTRACT (to be attached with submission)

List of returnable schedules are for ensuring that everything the employer requires a tenderer to submit with his tender is included in, or returned with his tender submission for the purpose of this tenders and other schedules which upon acceptance become part of the subsequent contract. Tick below if returnable document is attached or completed properly.

DESCRIPTION TICK IF ATTACHED

All Mandatory Documents in T2.1

Declaration Concerning Fulfillment of the Construction Regulations, 2003

Contract data

Conditions of contract

Special Conditions of Contract

Forms of securities

Fully completed and priced tender document

Complete Set of Drawings



47

T2.1.1 _ SBD 1: INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF SOUTH AFRICAN REVENUE SERVICES

(SARS)

BID NUMBER: DCS07GAUN003-CON CLOSING DATE: 31st July 2020 CLOSING TIME: 12:00

DESCRIPTION: BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING

OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL

The successful bidder will be required to fill in and sign a written Contract Form

BID DOCUMENTS MAY BE POSTED TO: N/A

OR

DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

The IDT Tender Box at Pretoria Regional Offices of the Independent Development Trust.

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it

will not be accepted for consideration.

The bid box is open from 8:30am to 17:00, 5 days a week, Monday to Friday on normal working days

THIS BID IS SUBJECT TO THE JBCC EDITION 6.1 AND, IF APPLICABLE, ANY OTHER SPECIAL

CONDITIONS OF CONTRACT

THE FOLLOWING PARTICULARS MUST BE FURNISHED

(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)

NAME OF BIDDER:

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

…………………………………………………………………………………………………………………………….

POSTAL ADDRESS

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

…………………………………………………………………………………………………………………………….

STREET ADDRESS

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

…………………………………………………………………………………………………………………………….



48

TELEPHONE NUMBER

CODE……………NUMBER………………………………………………………………………………..

CELLPHONE NUMBER

CODE……………NUMBER………………………………………………………………………………..

EMAIL ADDRESS

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

VAT REGISTRATION NUMBER

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

HAS A COPY OF A TAX CLEARANCE CERTIFICATE WITH A TAX COMPLIANT PIN BEEN SUBMITTED?

YES / NO

I. ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE

GOODS/SERVICES OFFERED BY YOU? YES…….. /NO……...

(IF YES ENCLOSE PROOF)

II. ARE YOU SUBMITTING THIS TENDER BID AS A JOINT VENTURE WITH ANOTHER COMPANY

YES /NO

IF YES, PLEASE PROVIDE NAME OF THE OTHER JOINT VENTURE

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

………………………………………………………………………………………………………………….

SIGNATURE OF BIDDER

………………………………………………………………………………………………………………..

DATE ………………………………………………………………………………………………………………..

CAPACITY UNDER WHICH THIS BID IS SIGNED

………………..………………………………………………………..……………………………………

TOTAL BID PRICE…………………………………… TOTAL NUMBER OF ITEMS OFFERED



49

T2.1.2 _ SBD 2: TAX CLEARANCE CERTFICATE REQUIREMENTS

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory

arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax

obligations.

1 In order to meet this requirement bidders are required to complete in full the form TCC 001

“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally.

The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals who

wish to submit bids.

2 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1

(one) year from the date of approval.

3 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the

original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies

of the Tax Clearance Certificate will not be acceptable.

4 In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a

separate Tax Clearance Certificate.

5 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS

branch office nationally or on the website www.sars.gov.za.

6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this

provision, taxpayers will need to register with SARS as eFilers through the website

www.sars.gov.za.

IMPORTANT NOTES:

The following is an abstract from the Preferential Procurement Regulations 2001 promulgated with the

Preferential Policy Framework Act No 5 of 2000:

"Tax clearance certificate

No contract may be awarded to a person who has failed to submit an original Tax Clearance

Certificate from the South African Revenue Service (“SARS”) certifying the taxes of that person to be

in order or that suitable arrangement have been made with SARS."

The ST 5.1 form: Application for Tax Clearance Certificate (in respect of tenders), must be completed

by the tenderer in every detail and submitted to the Receiver of Revenue where the tenderer is

registered for income tax purposes. The Receiver of Revenue will then furnish the tenderer with

a Tax Clearance Certificate that will be valid for 6 months from date of issue, unless otherwise

indicated on the certificate issued by SARS. This Tax Clearance Certificate must be submitted in the

original as an integral part of the tender.

Each party to a Consortium / Joint Venture / Sub-contractors must complete a separate Tax

Clearance Certificate.

Failure to submit an original valid Tax Clearance Certificate will inevitably invalidate the tender.

An example of the Application for Tax Clearance Certificate which Tenderers may use to apply for

the Tax Clearance Certificate is included hereafter and is available at any Receiver's Office.

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

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



46

T2.1.3 _ SBD 4: DECLARATION OF INTEREST 1. Any legal person, including persons employed by the state*, or persons having a kinship with

persons employed by the state, including a blood relationship, may make an offer or offers in terms of

this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In

view of possible allegations of favoritism, should the resulting bid, or part thereof, be awarded to persons

employed by the state, or to persons connected with or related to them, it is required that the bidder or

his/her authorized representative declare his/her position in relation to the evaluating/adjudicating

authority and/or take an oath declaring his/her interest, where-

- the bidder is employed by the state; and/or

- the legal person on whose behalf the bidding document is signed, has a relationship with persons/a

person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known

that such a relationship exists between the person or persons for or on whose behalf the declarant

acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

2.1 Full Name of bidder or his or her representative: 2.2 Identity Number: 2.3 Position occupied in the Company (director, shareholder etc.): 2.4 Company Registration Number:

2.5 Tax Reference Number: 2.6 VAT Registration Number:

* “State” means –

(a) any national or provincial department, national or provincial public entity or constitutional

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

1999);

(b) any municipality or municipal

entity;

(c) provincial legislature;

(d) national Assembly or the national Council of provinces; or

(e) Parliament.



47

2.7 Are you or any person connected with the bidder presently employed by the state?

Yes No

2.7.1 If so, furnish the following particulars:

Name of person / director / shareholder/ member: Name of state institution to which the person is connected: Position occupied in the state institution: Any other particulars:

2.8 Did you or your spouse, or any of the company’s directors / shareholders / members or their spouses conduct business with the state in the previous twelve months?

Yes No

2.8.1 If so, furnish particulars:

2.9 Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?

Yes No

2.9.1 If so, furnish particulars.

2.10 Are you, or any person connected with the bidder, aware of any relationship (family, friend, other) between the bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?

Yes No




48

2.11 Do you or any of the directors /shareholders/ members of the company have any interest in any other related Companies whether or not they are bidding for this contract?

Yes No


DECLARATION I/We, the undersigned

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.11.1

ABOVE IS CORRECT.

I/WE ACCEPT THAT THE STATE MAY ACT AGAINST ME IN TERMS OF PARAGRAPH 23

OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE

FALSE.

SIGNATURE: IDENTITY NUMBER: (of person authorised to sign on behalf of the Tenderer) DATE:



46

T2.1.4 _ SBD 6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and serves as a claim

form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of

Contribution

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF

B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT

REGULATIONS, 2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable

taxes included); and

1.2

a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and

therefore the ………80/20……… preference point system shall be applicable;

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE 80

B-BBEE STATUS LEVEL OF CONTRIBUTOR 20

Total points for Price and B-BBEE must not exceed 100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with

the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution

are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at

any time subsequently, to substantiate any claim in regard to preferences, in any manner required

by the purchaser.

2. DEFINITIONS

(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the

Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code

of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-

Based Black Economic Empowerment Act;

(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an

organ of state for the provision of goods or services, through price quotations, advertised

competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black

Economic Empowerment Act, 2003 (Act No. 53 of 2003);



47

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black

economic empowerment issued in terms of section 9 (1) of the Broad- Based Black Economic

Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance

with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts;

(h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person;

2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on

black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black

Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of

bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

3.1 THE 80/20 PREFERENCE POINT SYSTEMS

A maximum of 80 points is allocated for price on the following basis:

80/20

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference

points must be awarded to a bidder for attaining the B-BBEE status level of contribution in

accordance with the table below:

B-BBEE Status Level of

Contributor

Number of points (80/20

system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2




48

5. BID DECLARATION

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the

following:

6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN

TERMS OF PARAGRAPHS 1.4 AND 4.1

6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1

and must be substantiated by relevant proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted? (Tick applicable box)

YES NO

a) If yes, indicate:

i) What percentage of the contract will be subcontracted %

ii) The name of the subcontractor…………………………………………………………..

iii) The B-BBEE status level of the subcontractor......................................……………..

iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box)

YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of

preferential procurement Regulations, 2017: DECLARATION WITH REGARD TO

COMPANY/FIRM

7.2 Name of company/firm:…………………………………………………………………………….

7.3 VAT registrationnumber:……………………………………….…………………………………

7.4 Company registrationnumber:…………….……………………….…………………………….

7.5 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABL

Designated Group: An EME or QSE which is at last 51% owned by: EME

√

QSE

√

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans



49

OR

Any EME

Any QSE

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm:…………………………………………………………………………….

8.2 VAT registration number:……………………………………….…………………………………

8.3 Company registration number:…………….……………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

……………………………………………………………………………………………………………………….…

…………………………………………………………………………………………………………….……………

……………………………………………………………………………………………………………..……………

…………………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………………..

8.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]

8.7 Total number of years the company/firm has been in

business:…………………………………………

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify

that the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4

and 6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I /

we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to

the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent

basis or any of the conditions of contract have not been fulfilled, the purchaser may, in

addition to any other remedy it may have –

(a) disqualify the person from the bidding process;



50

(b) recover costs, losses or damages it has incurred or suffered as a result of that

person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of

having to make less favourable arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, be restricted by the

National Treasury from obtaining business from any organ of state for a period not

exceeding 10 years, after the audi alteram partem (hear the other side) rule has

been applied; and

(e) forward the matter for criminal prosecution.

WITNESSES

1. ……………………………………..

2. …………………………………….

…………………………………..

…………………………………..

…………………………………..

…………………………………..

DATE:

ADDRESS

………………………………………. SIGNATURE(S) OF BIDDERS(S)



51

T2.1.5 _ SBD 6.2: DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT

FOR DESIGNATED SECTORS

This Standard Bidding Document (SBD) must form part of all bids invited. It contains general information and

serves as a declaration form for local content (local production and local content are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives applicable

in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2017, the South African

Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (Edition 1) and the

Guidance on the Calculation of Local Content together with the Local Content Declaration Templates [Annex C

(Local Content Declaration: Summary Schedule), D (Imported Content Declaration: Supporting Schedule to

Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)].

1. General Conditions

1.1. Preferential Procurement Regulations, 2017 (Regulation 8) makes provision for the promotion of local

production and content.

1.2. Regulation 8.(1) prescribes that in the case of designated sectors, where in the award of bids local

production and content is of critical importance, such bids must be advertised with the specific bidding

condition that only locally produced goods, services or works or locally manufactured goods, with a

stipulated minimum threshold for local production and content will be considered.

1.3. Where necessary, for bids referred to in paragraph 1.2 above, a two stage bidding process may be

followed, where the first stage involves a minimum threshold for local production and content and the

second stage price and B-BBEE.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner

that the local production and content of the overall value of the contract is reduced to below the stipulated

minimum threshold.

1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance with

the SABS approved technical specification number SATS 1286: 2011 as follows:

LC = [1 - x / y] * 100

Where

x is the imported content in Rand

y is the bid bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange

rate published by South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the bid

as indicated in paragraph 4.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible on

http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6 A bid may be disqualified if –

(a) this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are

not submitted as part of the bid documentation; and

(b) the bidder fails to declare that the Local Content Declaration Templates (Annex C, D and E) have

been audited and certified as correct.



52

2. Definitions

2.1. “bid” includes written price quotations, advertised competitive bids or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the Department

of Trade and Industry in line with national development and industrial policies for local production, where

only locally produced services, works or goods or locally manufactured goods meet the stipulated

minimum threshold for local production and content;

2.5. “duly sign” means a Declaration Certificate for Local Content that has been signed by the Chief Financial

Officer or other legally responsible person nominated in writing by the Chief Executive, or senior member

/ person with management responsibility(close corporation, partnership or individual).

2.6. “imported content” means that portion of the bid price represented by the cost of components, parts or

materials which have been or are still to be imported (whether by the supplier or its subcontractors) and

which costs are inclusive of the costs abroad (this includes labour or intellectual property costs), plus

freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or

other similar tax or duty at the South African port of entry;

2.7. “local content” means that portion of the bid price which is not included in the imported content, provided

that local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as determined by

the Department of Trade and Industry; and

2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing

another person to support such primary contractor in the execution of part of a project in terms of the

contract.

3. The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS

1286:2011) for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

Steel Products and Component for Construction 100%

Fabricated Structural Steel 100%

Joining/Connecting Components 100%

Frames 100%

Roof and Cladding 100%

Fasteners 100%

Wire Products 100%

Ducting and Structural pipework 100%

Gutters, downpipes & lauders 100%

Plates 100%

Sheets 100%

Galvanised and Colour Coated Coils 100%

Wire Rod and Drawn Wire 100%

Sections 100%

Reinforcing bars 100%

Street Light Steel Poles 100%

Electrical and telecom cables 90%



53

4. Does any portion of the services, works or goods offered

have any imported content?


YES NO

4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in

paragraph 1.5 of the general conditions must be the rate(s) published by SARB for the specific

currency at 12:00 on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za.

Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS

1286:2011):

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

5. Were the Local Content Declaration Templates (Annex C, D and E) audited and certified as correct?


YES NO

5.1. If yes, provide the following particulars:

(a) Full name of auditor: ………………………………………………………

(b) Practice number: ………………………………………………………………………..

(c) Telephone and cell number: ……………………………………………………………….

(d) Email address: ………………………………………………………………………..

(Documentary proof regarding the declaration will, when required, be submitted to the satisfaction of

the Accounting Officer / Accounting Authority)

6. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold

for local content the dti must be informed accordingly in order for the dti to verify and in consultation with

the AO/AA provide directives in this regard.

http://www.reservebank.co.za/



54

LOCAL CONTENT DECLARATION

(REFER TO ANNEX B OF SATS 1286:2011)

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY

RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR

MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP

OR INDIVIDUAL)

IN RESPECT OF BID NO. .................................................................................

ISSUED BY: (Procurement Authority / Name of Institution):

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

NB

1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an external

authorized representative, auditor or any other third party acting on behalf of the bidder.

2 Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex

C, D and E) is accessible on http://www.thdti.gov.za/industrial development/ip.jsp. Bidders should first

complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then

consolidate the information on Declaration C. Declaration C should be submitted with the bid

documentation at the closing date and time of the bid in order to substantiate the declaration made

in paragraph (c) below. Declarations D and E should be kept by the bidders for verification purposes for a

period of at least 5 years. The successful bidder is required to continuously update Declarations C, D and E

with the actual values for the duration of the contract.

I, the undersigned, …………………………….................................................... (full names),

do hereby declare, in my capacity as ……………………………………… …………………………..

of ...............................................................................................................(name of bidder entity), the

following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that:

(i) the goods/services/works to be delivered in terms of the above-specified bid comply with

the minimum local content requirements as specified in the bid, and as measured in terms of

SATS 1286:2011; and

(ii) the declaration templates have been audited and certified to be correct.

(c) The local content percentage (%) indicated below has been calculated using the formula given in clause

3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained

in Declaration D and E which has been consolidated in Declaration C:

Bid price, excluding VAT (y) R

Imported content (x), as calculated in terms of SATS 1286:2011 R

Stipulated minimum threshold for local content (paragraph 3 above)

http://www.thdti.gov.za/industrial%20development/ip.jsp



55

Local content %, as calculated in terms of SATS 1286:2011

If the bid is for more than one product, the local content percentages for each product contained in

Declaration C shall be used instead of the table above.

The local content percentages for each product has been calculated using the formula given in clause

3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information

contained in Declaration D and E.

(d) I accept that the Procurement Authority / Institution has the right to request that the local content be

verified in terms of the requirements of SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in

this application. I also understand that the submission of incorrect data, or data that are not verifiable as

described in SATS 1286:2011, may result in the Procurement Authority / Institution imposing any or all of the

remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2011 promulgated

under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

SIGNATURE: DATE: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: __________



56

SATS 1286.2011

Annex C

Local Content Declaration - Summary Schedule

(C1) Tender No.

(C2) Tender description:

(C3) Designated product(s)

(C4) Tender Authority:

(C5) Tendering Entity name:

(C6) Tender Exchange Rate: Pula EU GBP

(C7) Specified local content %

Calculation of local content Tender summary

Tender item

no's

Tender price

- each

(excl VAT)

Exempted

imported

value

Tender value

net of

exempted

imported

content

Imported

valueLocal value

Local

content %

(per item)

Tender

Qty

Total tender

value

Total exempted

imported content

Total Imported

content

(C8) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)

(C20) Total tender value R 0

Signature of tenderer from Annex B (C21) Total Exempt imported content R 0

(C22) Total Tender value net of exempt imported content R 0

(C23) Total Imported content R 0

(C24) Total local content R 0

Date: (C25) Average local content % of tender

Note: VAT to be excluded from all

calculations

List of items

(C9)



57

SATS 1286.2011

Annex D

Imported Content Declaration - Supporting Schedule to Annex C

(D1) Tender No.

(D2) Tender description:

(D3) Designated Products:

(D4) Tender Authority:

(D5) Tendering Entity name:

(D6) Tender Exchange Rate: EU R 9,00 GBP R 12,00

Calculation of imported content Summary

Tender item

no'sLocal supplier

Overseas

Supplier

Forign

currency

value as per

Commercial

Invoice

Tender

Exchange

Rate

Local value of

imports

Freight costs to

port of entry

All locally

incurred

landing costs

& duties

Total landed

cost excl VAT

Tender

Qty

Exempted imported

value

(D7) (D9) (D10) (D11) (D12) (D13) (D14) (D15) (D16) (D17) (D18)

(D19) Total exempt imported value R 0

B. Imported directly by the Tenderer Calculation of imported content Summary

Tender item

no's

Unit of

measure

Overseas

Supplier

Forign

currency

value as per

Commercial

Invoice

Tender Rate

of Exchange

Local value of

imports

Freight costs to

port of entry

All locally

incurred

landing costs

& duties

Total landed

cost excl VAT

Tender

Qty

Total imported

value

(D20) (D22) (D23) (D24) (D25) (D26) (D27) (D28) (D29) (D30) (D31)

(D32) Total imported value by tenderer R 0

Calculation of imported content Summary

Unit of

measureLocal supplier

Overseas

Supplier

Forign

currency

value as per

Commercial

Invoice

Tender Rate

of Exchange

Local value of

imports

Freight costs to

port of entry

All locally

incurred

landing costs

& duties

Total landed

cost excl VAT

Quantity

imported

Total imported

value

(D34) (D35) (D36) (D37) (D38) (D39) (D40) (D41) (D42) (D43) (D44)

(D45) Total imported value by 3rd party R 0

D. Other foreign currency paymentsSummary of

payments

Local

supplier

making

Overseas

beneficiary

Foreign

currency value

paid

Tender Rate

of Exchange

Local value of

payments

(D47) (D48) (D49) (D50) (D51)

(D52) Total of foreign currency payments declared by tenderer and/or 3rd party

Signature of tenderer from Annex B

(D53) Total of imported content & foreign currency payments - (D32), (D45) & (D52) above R 0

Date:

This total must correspond with

Annex C - C 23

This total must correspond with

Annex C - C 21

Calculation of foreign

currency payments

Type of payment

(D46)

Description of imported

content

(D21)

A. Exempted imported content

Note: VAT to be excluded

from all calculations

Description of imported

content

(D8)

`

C. Imported by a 3rd party and supplied to the

`

Description of imported content

(D33)



58

SATS 1286.2011

(E1) Tender No.

(E2) Tender description:

(E3) Designated products:

(E4) Tender Authority:

(E5) Tendering Entity name:

Local Products

(Goods, Services

and Works)

Local suppliers Value % of LC

(E7) (E8)

(E9) Total local products (Goods, Services and Works)

(E10) Manpower costs ( Tenderer's manpower cost)

(E11) Factory overheads (Rental, depreciation & amortisation, utility costs, consumables etc.)

(E12) Administration overheads and mark-up (Marketing, insurance, financing, interest etc.)

(E13) Total local content

Signature of tenderer from Annex B

Date:

Annex E

Local Content Declaration - Supporting Schedule to Annex C

(E6)

Note: VAT to be excluded from all

calculations

This total must correspond with Annex C -

C24

Description of items purchased



59

T2.1.6 _ SBD 8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT

PRACTICES

1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and

services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-

a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

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

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website(www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No


4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes

No


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

Yes

No


4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


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

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



60

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND

CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN

AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………….. Signature Date

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



61

T2.1.7 _ SBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

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

agreement between, or concerted practice by, firms, or a decision by an association

of firms, if it is between parties in a horizontal relationship and if it involves collusive

bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot

be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused

the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier

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

4 This SBD serves as a certificate of declaration that would be used by institutions to

ensure that, when bids are considered, reasonable steps are taken to prevent any form

of bid-rigging.

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

9) must be completed and submitted with the bid:

CERTIFICATE OF INDEPENDENT BID DETERMINATION (SBD 9)

I, the undersigned, in submitting the accompanying bid:

BID No. ___________ for the CONSTRUCTION OF _____________________________ PROVINCE

(Bid Number and Description)

In response to the invitation for the bid made by:

THE INDEPENDENT DEVELOPMENT TRUST

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:



62

I certify, on behalf of: that: (Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and

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

6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions of the bid; or

(f) bidding with the intention not to win the bid.

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

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.



63

11. Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

SIGNATURE: IDENTITY NUMBER: (of person authorized to sign on behalf of the Tenderer) DATE:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

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

conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and /

or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.



64

T2.1.8 _ CERTIFICATE OF AUTHORITY FOR SIGNATORY

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete

the certificate set out below for the relevant category, and attach their Registration Certificates for

Companies, Close Corporations and Partnerships, or Agreements and Powers of Attorney for Joint

Ventures or ID documents to the page provided at the end of this form.

(I)

COMPANY

(II)

CLOSE

CORPORATION

(III)

PARTNERSHIP

(IV)

JOINT VENTURE

(V)

SOLE

PROPRIETOR

(I) CERTIFICATE FOR COMPANY I, ………………………………………………………, Id number ………………………………. chairperson

of the Board of Directors of ……………………………………………… hereby confirm that by resolution

of the Board (copy attached) taken on ................................... 20......, Mr/Ms ……………………..acting

in the capacity of …………………………………….., was authorised to sign all documents in connection

with the tender for Contract No ……………… and any contract resulting from it, on behalf of the

company.

Chairman: ......................................................................................

As Witnesses: 1. ....................................................................................

2. ..................................................................................... Date: …………………..

(II) CERTIFICATE FOR CLOSE CORPORATION

We, the undersigned, being the key members in the business trading as ……………………………. hereby authorise Mr/Ms ...................... …………., acting in the capacity of ………………………….. , to sign all documents in connection with the tender for Contract No ......... and any contract resulting from it, on our behalf.

NAME ADDRESS SIGNATURE DATE

ID No………………..

ID No………………...

ID No………………..

ID No………………..

Note : This certificate is to be completed and signed by all of the key members upon whom

rests the direction of the affairs of the Close Corporation as a whole.



65

(III). CERTIFICATE FOR PARTNERSHIP

We, the undersigned, being the key partners in the business trading as, .................................................

............................................................. hereby authorize Mr/Ms .............................................................

acting in the capacity of ......................................................................................... , to sign all

documents in connection with the tender for Contract No .................................... and any contract resulting from it, on our behalf.

NAME ADDRESS SIGNATURE DATE

Note : This certificate is to be completed and signed by all of the key partners upon whom rests

the direction of the affairs of the Partnership as a whole.

(IV) CERTIFICATE FOR JOINT VENTURE We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorize Mr/Ms

…………………………………………… , authorized signatory of the company, .........................................

acting in the capacity of lead partner, to sign all documents in connection with the tender offer for

Contract No ....................................... and any contract resulting from it, on our behalf.

This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the partners to the Joint Venture.

NAME OF FIRM CIDB

REGISTRATION NO

ADDRESS AUTHORISING

SIGNATURE, NAME AND CAPACITY

Lead partner



66

Note : This certificate is to be completed and signed by all of the key partners upon whom rests

the direction of the affairs of the Partnership as a whole.

(V) CERTIFICATE FOR SOLE PROPRIETOR I, …………………………………………….., hereby confirm that I am the sole owner of the business trading as ………………………………………………………. Signature of Sole owner: ……………………………… As Witnesses: 12. ……………………………… 13. ……………………………… Date: ………………………………



67

T2.1.9 _ JOINT VENTURE OR CONSORTIUM AGREEMENT BETWEEN PARTIES Attached hereto is our duly signed Joint Venture Agreement by the commissioner of oath and all parties involved (as stipulated in T2.1.8). Our failure to submit the agreement with our tender document will lead to the conclusion that the joint venture has not been formally formed and all parties were not involved in the tender process and as such, the bid will be disqualified. Tenderers tendering as joint ventures / consortiums are required to submit an original consolidated B-BBEE certificate issued by SANAS accredited verification agency, in order to qualify



68

T2.1.10 _ CIDB REGISTRATION CERTIFICATE Attached hereto is my / our registration certificate with the Construction Industry Development Board. My / our failure to submit the certificate with my / our tender document will lead to the conclusion that my / our company is not registered with CIDB. NOTE: The CIDB can be contacted or visited on www.cidb.org.za for more information and registration. Obtain a “Code of Conduct for all parties engaged in construction procurement” for you information.

http://www.cidb.org.za/



69

T2.1.11 _ CONTRACTOR'S COPY OF REGISTRATION OF INCORPORATION OR COMPANY REGISTRATION DOCUMENTS Attached hereto is my / our original certified copies of company registration of incorporation or company registration documents. My failure to submit the copy with my / our tender document will lead to the conclusion that I am / we are not registered as claimed and as such, the bid will be disqualified



70

T2.1.12 _COPY OF A LETTER OF GOODSTANDING WITH COMPANSATION FOR OCCUPATIONAL AND INJURIES DISEASE ACT (COIDA) REGISTRATION CERTIFICATE Attached hereto is my / our certified copy of A LETTER OF goodstanding with the Compensation for Occupational Injuries and Diseases, e.g. letter of good standing. My / our failure to submit the certificate with your tender offer will lead to the conclusion that your entity/ company is not registered with COIDA, and therefore, the bid will be disqualified.



71

T2.1.13 _ RECORD OF ADDENDA TO THE 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 taken into account in this tender offer

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

Attach additional pages if more space is required.

Signed

Date

Name

ID number

Position

Tenderer



72

T2.1.15 _ CONFIDENTIALITY DECLARATION The contractor acknowledges that confidential information have been and will be provided to the

contractor and that each item of confidential information shall be governed by the terms of this

agreement.

The contractor, including its management and staff, must before commencement of the contract, sign a

non-disclosure agreement regarding confidential information and will be required to complete a security

clearance for each resource participating on this project.

1.For the purposes of this agreement "confidential information" means:

1.1 Unless specified in writing to the contrary by the contracting authority all and any information

(whether in documentary form, oral, electronic, audio-visual, audio-recorded or otherwise

including any copy or copies of drawings, site layouts thereof and whether scientific,

commercial, financial, technical, operational or otherwise) relating to the contracting

authority, the supply of goods under the contract and all and any information supplied or

made available to the contractor (to include employees, agents, subcontractors and other

suppliers) for the purposes of the contract(s); and

1.2 Any and all information which has been derived or obtained from information described in

sub-paragraph 1.1

2. Save as may be required by law, the contractor agrees in respect of the confidential

information:

2.1 To treat such confidential information as confidential and to take all necessary steps to

ensure that such confidentiality is maintained;

2.2 Not, without the prior written consent of the contracting authority, to communicate or

disclose any part of such confidential information to any person except:

i To those employees, agents, subcontractors and other suppliers on a need to

know basis; and/or

ii To the contractor’s auditors, professional advisers and any other persons or

bodies having a legal right or duty to have access to or knowledge of the

confidential information in connection with the business of the contractor provided

always that the contractor shall ensure that all such persons and bodies are made

aware, prior to disclosure, of the confidential nature of the confidential information

and that they owe a duty of confidence to the contracting authority; and shall use

all reasonable endeavours to ensure that such persons and bodies comply with

the provisions of this agreement.

3. The contractor undertakes:

3.1 To comply with all directions of the contracting authority with regard to the use and

application of all and any confidential information or data.

3.2 To comply with all directions as to local security arrangements deemed reasonably

necessary by the contracting authority including, if required, completion of documentation

under the relevant authority and comply with any vetting requirements of the contracting

authority including by police authorities;

3.3 Upon termination of the contract for whatever reason to furnish to the contracting authority

all confidential information or at the written direction of the contracting authority to destroy

in a secure manner all (or such part or parts thereof as may be identified by the contracting

authority) confidential information in its possession and shall erase any confidential

information held by the contractor in electronic form. the contractor will upon request furnish

a certificate to that effect should the contracting authority so request in writing. for the

avoidance of doubt “document” includes documents stored on a computer storage medium

and data in digital form whether legible or not; and



73

3.4 To comply with the requirements of data protection law and such guidelines as may be

issued by the data protection commissioner from time to time.

4. The contractor shall not obtain any proprietary interest or any other interest whatsoever in the

confidential information furnished to him by the contracting authority and the contractor so

acknowledges and confirms.

5. The contractor shall, in the performance of the contract, access only such hardware, software,

infrastructure, or any part of the databases, data or ict system(s) of the contracting authority as

may be necessary for the purposes of the project (and obligations thereunder or arising

therefrom) and only as directed by the contracting authority and in the manner agreed in writing

between the parties.

6. The contractor agrees that this agreement will continue in force notwithstanding any court

order relating to the project or termination of the contract (if awarded) for any reason.

7. The contractor agrees that this agreement shall in all aspects be governed by and construed

in accordance with the laws of south africa and the contractor hereby further agrees that the

courts of south africa have exclusive jurisdiction to hear and determine any disputes arising out

of or in connection with this agreement.

*Please note that this is a compulsory returnable document

In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

Full Name of bidder or his or her representative: Identity Number: Position occupied in the Company (director, shareholder etc.): Company Registration Number:

Tax Reference Number: VAT Registration Number:



74

T2.1.16 _ B-BBEE CERTIFICATE Attached hereto is my / our original or original certified copy of my / our B-BBEE Certificate issued by a verification agency accredited by SANAS or a sworn affidavit signed and attested by a commissioner of oaths. My failure to submit the certificate with my / our tender document will lead to the conclusion that I am / we do not wish to claim preference points in terms of my / our B-BBEE status. Note to the bidders Bidders that are not Joint Venture and Consortium to submit: a consolidated B-BBBEE certificate) Original Certified copies of B-BBEE Certificate and consolidated BBB-EE in terms of JV issued by SANAS Accredited Verification Agency Or Sworn Affidavit in cases’ of EMEs and only those QSEs which are at least 51% Black-owned as Prescribed in terms of B-BBEE Codes of Good Practice and in a format provided by the Department of Trade & Industry.



75

PROPOSED 30% SUB-CONTRACTING As stated in the GOVERNMENT GAZETTE, 20 JANUARY 2017, PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000: PREFERENTIAL PROCUREMENT REGULATIONS, 2017 9. Subcontracting as condition of tender 9.(1) If feasible to subcontract for a contract above R30 million, an organ of state must apply subcontracting to advance designated groups. (2) If an organ of state applies subcontracting as contemplated in sub-regulation (1), the organ of state must advertise the tender with a specific tendering condition that the successful tenderer must subcontract a minimum of 30% of the value of the contract to- (a) an EME or QSE; I/We hereby notify you that it is my/our intention to employ the following domestic sub-contractors, with a maximum of a grade _____________ for work in this contract, who will perform a minimum of 30% of the value of work as per condition above, but limited to a maximum of 40% of the value of the work, of which ___% of the 40% will be performed by a domestic sub-contractor from the list of ............................ attached to be appointed and finalised after the award of the contract. If I/we am/are awarded a contract I/we agree that this notification does not change the requirement for me/us to submit the names of proposed subcontractors in accordance with requirements of the contract for such appointments. If there are no such requirements in the contract, then your written acceptance of this list shall be binding between us. I/We confirm that all subcontractors who are contracted to construct a house or building, are registered as home builders with the National Home Builders Registration Council.

NAMES AND ADDRESSES OF PROPOSED SUBCONTRACTORS

COMPANY REGISTRATION No AND CIDB CLASSIFICATION

DESCRIPTION OF WORK TO BE EXECUTED BY SUBCONTRACTOR

SIGNATURE: ..............................................……… IDENTITY NUMBER: ……………………………..

(of person authorised to sign on behalf of the Tenderer) DATE:………………………………



76

T2.1.17 _ AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES (This is not an invitation for amendments, deviations or alternatives but should the Tenderer desire to make any departures from the provisions of this contract he shall set out his proposals clearly hereunder. The Employer will not consider any amendment, alternative offers or discounts unless forms (a), (b) and (c) have been completed to the satisfaction of the Employer). I / We herewith propose amendments, alternatives and discounts as set out in the tables below: (a) AMENDMENTS

PAGE, CLAUSE OR

ITEM NO

PROPOSED AMENDMENT

[Notes: (1) Proposals for amendments to the General and Special Conditions of Contract are not acceptable, and will be ignored;

(2) The Tenderer must give full details of all the financial implications of the amendments and qualifications in a covering letter attached to his tender.

(b) ALTERNATIVES

PROPOSED ALTERNATIVE

DESCRIPTION OF ALTERNATIVE

[Notes: (1) Individual alternative items that do not justify an alternative tender, and an alternative offer for time for completion should be listed here.

(2) In the case of a major alternative to any part of the work, a separate Bill of Quantities, programme, etc, and a detailed statement setting out the salient features of the proposed alternatives must accompany the tender.

(3) Alternative tenders involving technical modifications to the design of the works and methods of construction shall be treated separately from the main tender offer.]



77

(c) DISCOUNTS

ITEM ON WHICH DISCOUNT IS OFFERED

DESCRIPTION OF DISCOUNT OFFERED

[Note: The Tenderer must give full details of the discounts offered in a covering letter attached to his tender, failing which, the offer for a discount may have to be disregarded. Only unconditional discounts will be considered]

SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………



78

T2.1.18 _ EVALUATION SCHEDULE: PROJECT EXPERIENCE The Tenderer shall provide details of his relevant experience on construction projects relating to building works, plumbing installations, sewer reticulations, on similar scale projects completed in the past 5 years.

In support tenderers are to complete the “Project Experience” schedule below and attach thereto copies of (a) Letters of Appointment, and (b) all the relevant completion certificates (final completion or letter from the client (client letter head) confirming completion of such a project). Failure to submit all the supporting documentation will result in not considering the applicable project for evaluation purposes.

PROJECT NAME BRIEF PROJECT DESCRIPTION PROJECT VALUE

(Excl. VAT)

ORIGINAL CONTRACT

PERIOD START DATE

ACTUAL COMPLETION

DATE

A.

B.

C.



79

PROJECT NAME BRIEF PROJECT DESCRIPTION PROJECT VALUE

(Excl. VAT)

ORIGINAL CONTRACT

PERIOD START DATE

ACTUAL COMPLETION

DATE

D.

E.

F.



80

T2.1.19 _ EVALUATION SCHEDULE: CLIENT REFERENCES The Tenderer shall provide details of his performance on each of the previous projects listed in the “Relevant Experience” returnable schedule. “Client Reference Scorecards” will be completed by each of the respective Clients for the projects listed in the “Relevant Experience” returnable schedule. Unsigned forms by the client will score zero points.

REPORT ON CONTRACTOR’S COMPETANCE & PERFORMANCE ON A SIMILAR PROJECT FOR

TENDER RECOMMENDATION PURPOSES

The following are to be completed by the Client and Principal Agent and is to be supported in each

case by a letter of award and the works completion certificate.

PROJECT A:

Principal agent: ....................................................................................................................

Client: . ..................................................................................................................................

Contract Amount: ................................................................................................................

Contract Duration: ...............................................................................................................

Main scope of works on the project: …………………………………………………………….

Actual Contract Duration:…………………………………………………………………………

Description / Performance Poor Fair Good Excellent

Quality of office administration

Quality of site management

Competence of foreman

Co-operation during contract

Quality of workmanship

Quality of materials

Project management

Rectification of condemned work

Tidiness of site

Adequacy of equipment

Adequacy of labour force

Procurement of materials

Labour relations

Any other remarks considered necessary to assist in evaluation of the contractor?

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

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

Principal Agent Firm: ..........................................................................................................

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

PA Signature: ............................................... Date: ...............................................

Client Signature: .......................................... Date: ...............................................

Stamp



81

T2.1.20 EVALUATION SCHEDULE: REPORT ON CONTRACTOR’S

COMPETANCE & PERFORMANCE ON A SIMILAR PROJECT FOR


The following are to be completed by the Client and Principal Agent and is to be supported in each case

by a letter of award and the works completion certificate.

PROJECT B:

Principal agent: ....................................................................................................................

Client: . ..................................................................................................................................

Contract Amount: ................................................................................................................



Actual Contract Duration:………………………………………………………………………….








Project management


Tidiness of site




Labour relations


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

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


PA Tel No.:…………………………………….. Client’s Tel. No. …………………………….



Stamp



82

T2.1.20 EVALUATION SCHEDULE: REPORT ON CONTRACTOR’S

COMPETANCE & PERFORMANCE ON A SIMILAR PROJECT FOR


The following are to be completed by the Client and Principal Agent and is to be supported in each case

by a letter of award and the works completion certificate.

PROJECT C:

Principal agent: ....................................................................................................................

Client: . ..................................................................................................................................

Contract Amount: ................................................................................................................



Actual Contract Duration:…………………………………………………………………………








Project management


Tidiness of site




Labour relations


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

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


PA Tel No.:…………………………………….. Client’s Tel. No. …………………………….



Stamp



83

T2.1.20 _ EVALUATION SCHEDULE: KEY PERSONNEL

The Tenderer shall list below the personnel that he intends to utilize on the Works, including key personnel that may have to be hired for the project.

CATEGORY OF EMPLOYEE

NUMBER OF PERSONS

EXISTING KEY PERSONNEL, PART

OF THE CONTRACTOR'S ORGANISATION

KEY PERSONNEL TO BE HIRED FOR THE

PROJECT IMPORTED IF NOT AVAILABLE

LOCALLY

UNSKILLED PERSONNEL TO BE RECRUITED FROM

LOCAL COMMUNITY

HDI NON-HDI HDI NON-HDI HDI NON-HDI

Construction Manager, Site Agent, Project Managers

Foremen, Quality Control and Safety Personnel

Technicians, Surveyors, etc

Artisans and other Skilled workers

Plant Operators

Others:.........................

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

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

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

...

The Tenderer is referred to Clause F.2.1.1.2 of the Tender Data and shall insert in the spaces provided on the following pages details of the key personnel required to be in the employment of the tenderer or other organization, in order for the tenderer to be eligible to submit a tender for this project. Proof of professional registration must be appended to these schedules, together with the Curriculum Vitae of each individual. SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………



84

T2.1.22 _ EVALUATION SCHEDULE: CURRICULUM VITAE OF KEY PERSONNEL (Comprehensive CVs, certified copies of qualifications and registration certificates are required for Key personnel provided in section T2.1.14 and T2.1.21. Construction Project Manager, Artisan, Foreman)



85

T2.1.21.A _ CV FOR CONTRACTOR MANAGER / DIRECTOR

Name: Date of birth:

Profession: Nationality:

Qualifications:

Professional Body:

Category of Registration:

Registration Number:

Professional Body:



Professional Body:



Name of Employer (firm):

Current position: Years with firm:

Employment Record:

Experience Record Pertinent to Required Service:

Certification: I, the undersigned, certify that, to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience. ........................................................…………………......... ……..…………………. SIGNATURE OF THE INCUMBANT IN THE SCHEDULE DATE

…………………………………………………….

INCUMBANT’S IDENTITY NUMBER



86

T2.1.21.B_ EVALUATION SCHEDULE: CV FOR ARTISAN



Qualifications:

Professional Body:



Professional Body:



Professional Body:





Employment Record:



…………………………………………………….




87

T2.1.21.C_EVALUATION SCHEDULE: CV FOR FOREMAN



Qualifications:

Professional Body:



Professional Body:



Professional Body:





Employment Record:



…………………………………………………….




Page 88 of 162

THE CONTRACT

PART C1: AGREEMENT AND CONTRACT DATA



Page 89 of 162

C1.1 FORM OF OFFER AND ACCEPTANCE



90

C1.1 Form of Offer and Acceptance

Offer The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of: BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL, in GAUTENG PROVINCE

The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender. By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data. THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rand (in

words); R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures)

This offer may be accepted by the employer by signing the acceptance part of this form of offer and acceptance and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the contractor in the conditions of contract identified in the contract data. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number . . . . . . . . . . . . . . . . . . . .

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

for the tenderer (Name and . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CIDB Registration number ____________________________________________________

NOTE: Failure of a tenderer to sign this part of the tender form (offer) will invalidate the tender

Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer. AA A



91

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

The terms of the contract, are contained in:

Part C1: Agreements and contract data, (which includes this agreement) Part C2: Pricing data Part C3: Scope of work. Part C4: Site information

and drawings and tender documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above. Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this agreement. No amendments to or deviations from said documents are valid unless contained in this schedule. The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfill 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number . . . . . . . . . . . . . . . . . . . . .

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

for the Employer Independent Development Trust


Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . .



92

Schedule of Deviations 1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

By the duly authorized 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 tender 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.



93

C1.2 CONTRACT DATA



94


BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL C1.2 Contract Data for BID NO: DCS07GAUN003-CON The Conditions of Contract are clauses of the JBCC Series 2000 Principal Building Agreement (Edition 6.1) published by the Joint Building Contracts Committee together with IDT’s Special Conditions of Contract. Copies of these conditions of contract may be obtained from the Association of South African Quantity Surveyors (011 315-4140), Master Builders Association (011 205-9000; 057 352-6269) South African Association of Consulting Engineers (011 463-2022) or South African Institute of Architects (051 447-4909; 011 486-0684; 053 831-2003;) The JBCC Principal Building Agreement makes several references to the Contract Data for specific data, which together with these conditions collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. Should there be any contradictions between the Contract Data and the JBCC Principal Building Agreement, the Contract Data shall take precedence. Each item of data given below is cross-referenced to the clause in the JBCC Principal Building Agreement to which it mainly applies. The additions, deletions and alterations to the JBCC Principal Agreement are:

Clause Number

Contract Data for BID NO: DCS07GAUN003-CON

1.0

DEFINITIONS AND INTERPRETATION

Clause 1.1 is deemed to be amended by the addition and amendments of the following: Change the Definition of "AGREEMENT" to read as follows: This JBCC Principal Building Agreement, the contractor’s tender document accepted by the employer, the form of offer signed by the contractor, special conditions of contract, contract data and other contract documents.

The completed JBCC® Principal Building Agreement and JBCC® contract data, the

contract drawings, the priced document and any other documents reduced to writing and

signed by the authorised representatives of the parties

Change the Definition of "BILLS OF QUANTITES" to read as follows:

The document drawn up in accordance with the pricing instructions contained in the pricing data. Change the Definition of "CONSTRUCTION PERIOD" to read as follows:

The period commencing on the intended date [CD] of possession of the site by the contractor and ending on the date of practical completion Change the Definition of "CONTRACT DOCUMENTS" to read as follows: The agreement and all documents referenced therein. The contract documents shall be taken to be

mutually explanatory of one another but in the event of ambiguity, discrepancy, divergence or inconsistency

in or between them, the Contract Data shall prevail over all other contract documents

The above has been removed from 6.1, due to the agreement definition which now includes contract document

Change the definition of “PAYMENT CERTIFICATE” to read as follows:

A certificate prepared at regular agreed intervals by the principal agent to the contractor certifying the value of work done and verified by the employer for payment, delivered to the employer and properly recorded on



95

delivery, and the certificate will only become due and payable once the employer has verified and signed the certificate. Note: The employer reserves the right to withhold or reject the certificate within ten (10) working days should there be a reason to do so, and the contractor may resort to the dispute resolution process should the rejection fails to be resolved. Change the Definition of "PRACTICAL COMPLETION" to read as follows: The stage of completion where the works or a section thereof, in the opinion of the principal agent, has

been reached in accordance with C28 & C29 this is a different clause of the specific preliminaries and where the work on the practical completion list (and tenant's list if applicable) has been completed and free of

patent defects other than minor defects identified in the list for completion and can be used for the intended purpose and certified as complete by the principal agent.

Change the Definition of "CONTRACT DRAWINGS" to read as follows:

The drawings listed in the Scope of Works.

Clause Number

Contract Data for BID NO: DCS07GAUN003-CON

Change the Definition of "CONTRACT SUM" to read as follows:

The total of prices in the Form of Offer and Acceptance. Change the Definition of "INTEREST" to read as follows:

The interest rates applicable to this contract, whether specifically indicated in the relevant clauses or not, will be the rate as determined by the Minister of Finance, from time to time, in terms of section 80(1)(b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999). A monetary guarantee [CD] provided by the employer to the contractor, or vice versa, in

terms of this agreement from which either party may recover expense and loss in the event

of default

Add the following to the list of definitions: SCHEDULE means the variables listed in the Contract Data.

DATE OF SITE HANDOVER means the date the contractor is given possession of the site, which shall

always be after the signing of the agreement and approval of the construction permits from the relevant authorities including Departments of Labour and Environmental Affairs and local municipality (where applicable). EXCEPTIONALLY INCLEMENT WEATHER means weather which is not only extreme or severe but

exceeding that which, on the evidence of the past ten years, could reasonably been expected. TENANT LIST means a list compiled by the tenant or in his absence the principal agent defining the incomplete or defective work to be rectified to achieve practical completion. Such list shall be scrutinised and endorsed by the principal agent and shall not be unreasonable in the context of his contract.

CORRUPT PRACTICE means the offering, giving, receiving and soliciting of anything of value to influence

the action of a public official in the procurement process or in contract execution FRAUDULENT PRACTICE means a mispresentation of facts in order to influence a procurement process

or the execution of a contract to the detriment of any tenderer, and includes collusive practice among tenderers (prior to or after the tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the tenderer of the benefits of free and open competition.

3.0

OFFER AND ACCEPTANCE

Clause 3.3 deleted and replaced with the following:-

3.3 This agreement shall come into force on the date of signature of the contract by

the employer and after all statutory requirements have been met, and continue to

be of force and effect until the end of the latent defects liability period

notwithstanding termination or the certification and final payment [22.0;29.0;25.0]



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4.0 CESSION AND ASSIGNMENT

Clause 4.2 deleted and replaced with the following:- 4.2. The Contractor shall not consent to a nominated Subcontractor assigning or ceding rights or obligations in terms of this agreement without obtaining the prior written consent of the Principal Agent with written approval from the Employer

Clause 4.3 deleted and replaced with the following:- 4.3. Where the Contractor intend to cedes any right to monies due or to become due under this agreement

as security in favour of a financial institution, a written consent in accordance with clause 4.1 , shall be

obtained from the Employer prior to entering into such cession.

Clause 4.0 is amended by adding the following new clauses:

4.4 Any cession entered into without the necessary written consent from either party, shall be null and void.

4.5 The Employer shall not consent to a cession of monies due or to become due under this agreement

as security in favour of a financial institution, unless such financial institution submitted to the IDT a Valid

Tax Clearance Certificate, is registered as a credit provider in terms of the National Credit Act and as a

vendor in the IDT’s Vendor Management System and in line with the IDT’s SCM processes.

4.6 The contractor shall adhere to the list of subcontractors indicated in the returnable schedules. Any

changes to the subcontractors and their subcontract work shall be approved by the client in writing. The

contractor shall not subcontract more than 25% of the works to subcontractors whose BEE status is less

than his at the time of appointment. Failure to comply with this shall constitute a breach of contract.

5.0 CONTRACT DOCUMENTS

Clause 5.1 deleted and replaced with the following:- 5.1. The parties shall sign the original contract document and shall each be issued with the copy thereof. The original signed contract document shall be held by the Employer.


5.6. The contract documents shall be deemed to be mutually explanatory of one another. In the event of ambiguity, discrepancy, divergence or inconsistency in or between them, the Contract Data shall prevail

over all other contract documents.

6.0 EMPLOYER’S AGENTS

Clause 6.1 deleted and replaced with the following:- 6.1. The Employer warrants that the Principal Agent has authority and obligation to act and bind the Employer in terms of this agreement, subject to certain restrictions contained herein this document.

Clause 6.4 deleted and replaced with the following:- 6.4. Where any agent fails to act in terms of delegated authority, the Contractor shall give notice to the Principal Agent and the Employer to respond to such default within five (5) working days or any agreed

period. Where such default has not been responded to within the specified or the agreed period, the Contractor may give not less than 10 working days’ notice of intention to suspend the works [28.0].




97

6.5 Where any agent fails to act or is unable to act, or ceases to be an agent, in terms of this agreement, the Employer shall appoint an interim agent within 10 working days from the date of the employer being

aware of such event pending procurement of a replacement agent through normal employer’s SCM processes.

9.0 INDEMITIES

Clause 9.0 is amended by the addition of the following clause:- Clause 9.1.4. Physical loss or damage to an existing structure in the works that are the subject of the contract and to existing structures as well. Delete 9.2.7. Delete 9.2.10.

10.0 INSURANCES

Clause 10.0 is amended by the addition of the following clauses to the end thereof:

10.12 Damage to the works

(a) Without any way limiting the contractor’s obligations in terms of the contract, the contractor

shall bear the full risk of damage to and/or destruction of the works by whatever cause during

construction of the works and hereby indemnifies and holds harmless the employer against

any such damage. The contractor shall take such precautions and security measures and

other steps for the protection and security of the works as the contractor may deem

necessary.

(b) The contractor shall at all times proceed immediately to remove or dispose of any debris

arising from damage or destruction of the works and to rebuild, restore, replace and/or repair

the works.

(c) Where the employer bears the risk in terms of this contract, the contractor shall, if requested

to do so, reinstate any damage or destroyed portions of the works and the costs of such

reinstatement shall be measured and valued in terms of 32.0 hereof.

10.13 Injury to Persons or loss of or damage to Properties

(a) The contractor shall be liable for and hereby indemnifies the employer against any liability,

loss, claim or proceeding whether arising in common law or by statute, consequent upon

personal injuries to or the death of any person whomsoever arising out of or in the course of

or caused by the execution of the works unless due to any act or negligence of any person

for whose actions the employer is legally liable

(b) The contractor shall be liable for and hereby indemnifies the employer against any liability,

loss, claim or proceeding consequent upon loss of or damage or to any moveable, or immoveable property or personal property or property contiguous to the site, whether belonging to or under the control of the employer or any other body or person, arising out of or in the course of or by reason of the execution of the works unless due to any act or negligence of any person for whose actions the employer is legally liable.

(c) The contractor shall upon receiving a contract instruction from the principal agent cause

the same to be made good in a perfect and workmanlike manner at his own cost and in default thereof the employer shall be entitled to cause it to be made good and to recover the cost therefore from the contractor or to deduct the same from amounts due to the contractor.

(d) The contractor shall be responsible for the protection and safety of such portions of the

premises placed under his control by the employer for the purpose of executing the works until the issue of the certificate of practical completion.

(e) Where the execution of the works involves the risk of removal of or interference with support

to adjoining properties including land or structures or any structures to be altered or added to, the contractor shall obtain adequate insurance and will remain adequately insured or



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insured to the specific limit stated in the contract against the death of or injury to persons or damage to such property consequent on such removal or interference with the support until such portion of the works has been completed.

(f) The contractor shall at all times proceed immediately at his own cost to remove or dispose of

any debris and to rebuild, restore, replace and / or repair such property and execute the works.

10.14 High Risk Insurance

In the event of the project being executed in a geological area classified as a “High Risk Area”, that is an area which is subject to highly unstable subsurface conditions which might result in catastrophic ground movement evident by sinkhole or dolomite formation the following will apply:

10.14.1 Damage to the works

The contractor shall, from the commencement date of the works until the date of the certificate of practical completion, bear the full risk of and hereby indemnifies and hold harmless the employer against any damage to and/or destruction of the works consequent upon a catastrophic ground movement as mentioned above. The contractor

shall take such precautions and security measures and other steps for the protection of the works as he may deem necessary.

When so instructed to do so by the principal agent, the contractor shall proceed

immediately to remove and/or dispose of any debris arising from damage to or destruction of the works and to rebuild, replace and/or repair the works, at the contractor’s own

costs.

10.14.2 Injury to persons or loss of or damage to property

The contractor shall be liable for and hereby indemnifies and holds harmless the employer against any liability, loss, claim or proceeding arising at any time during the

period of the contract whether arising in common law or by statute, consequent upon personal injuries to or the death of any person whomsoever resulting from, arising out of or caused by a catastrophic ground movement as mentioned above.

The contractor shall be liable for and hereby indemnifies the employer against any and

all liability, loss, claim or proceeding consequent upon loss of or damage to any moveable, or immovable property or property contiguous to the site, whether belonging to or under the control of the employer or any other body or person whomsoever arising out of or

caused by a catastrophic ground movement, as mentioned above, which occurred during the period of construction.

10.14.3 It is the responsibility of the contractor to ensure that he has adequate insurance to cover his risk and liability as mentioned in 10.14.1 and 10.14.2. Without limiting the contractor’s obligations in terms of the contract, the contractor shall, within twenty one (21) calendar days of the commencement date but before commencement of the works submit to the employer proof of such insurance policy, if requested to do so.

10.14.4 The employer shall be entitled to recover any and all losses and/or damages of whatever

nature suffered or incurred subsequent upon the contractor’s default of his obligations as

set out in 10.14.1, 10.14.2 and 10.14.3. Such losses or damages may be recovered from the contractor or by deducting the same from any amounts still due under this contract or under any other contract presently or hereafter existing between the employer and the contractor and for this purpose all these contracts shall be considered on indivisible

whole.

11.0 SECURITY

Delete clause 11.1.2. and replace with the following:- 11.1.2. The contractor shall furnish the employer with a fixed construction guarantee equal in value to ten per cent (10%) of the contract sum within fifteen (15) working days from the offer of appointment date and keep such security valid and enforceable until the final payment certificate has been issued to the contractor).



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Or

Delete clause 11.1.3. and replace with the following:- 11.1.3 The Contractor shall furnish the employer with a fixed set of five per cent (5%) guarantee of the contract sum and a payment reduction of 5% of the value of each payment certificate up to a maximum of five per cent (5%) of the contract sum [25.3.3]. The contractor shall keep such security valid and enforceable until the final payment certificate has been issued. The contractor could release the retention at any stage of the contract by issuing a further construction guarantee of five percent (5%) of the contract sum.

Amend clause 11.3 to read as following: 11.3 Where a contractor fails to provide the security for projects of value less than R5 million, the employer may:

Amend clause 11.3.1 to read as follows: 11.3.1 Hand over the site to the contractor and withhold in interim payment certificates to the contractor an amount equal to ten percent (10%) of the contract sum. The amount withheld shall be reduced at practical completion [19.0] to five percent (5%) of the contract sum and to zero percent (0%) in the final payment certificate [25.6]

Delete Clauses 11.1.4, 11.1.5, 11.2; 11.4; 11.5 Delete 11.7 and replace with the following 11.7. A security held by the employer shall be for the due fulfillment of the contractor’s obligation in term of this agreement

Delete clause 11.10 and replace with the following 11.10 The Contractor hereby waives, in favour of the Employer, any lien or right of retention that is or may be held in respect of the Works to be executed on the Site.

Clause 11.0 is amended by adding the following new clauses:

11.12 Within fifteen (15) working days of the date of final completion of the works the employer shall release all construction guarantees to the contractor.

11.13 Where the employer has a right of recovery against the contractor, the employer may issue a written demand in terms of the construction guarantee.

11.14 Construction guarantees shall only expire at final completion date. 11.15 The Employer, as an Organ of State, shall not be required to provide payment guarantees

12.0 DUTIES OF THE PARTIES

Delete clause 12.1.1 Delete clause 12.1.10 Clause 12.0 is further amended by adding the following clauses: 12.4 The contractor shall:

12.4.1 Immediately on award of the contract and prior to the commencement on site, the contractor shall prepare a working programme covering the first month of the construction period. This working programme shall be prepared in conjunction with the principal agent and shall be subject to his approval.

During the first month of the construction period the contractor shall prepare and draw up the programme for the balance of the works for approval by the principal agent



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12.4.2 This programme shall be drawn up in accordance with the dates in the agreement for possession, sectional completion and practical completion and shall be in sufficient and approved detail to ensure control over the works.

12.4.3 The programme shall be compiled based on the Critical Path Method of Programming with the

critical activities clearly highlighted. It shall be compiled in such a way that logic is not constrained by resource limitations unless specifically approved by the principal agent.

12.4.4 Documentation will not be available in complete detail at the commencement stage. However the contractor, in conjunction with the principal agent, shall progressively plan the works on provisional

information available and with sufficient scope to include future detail without disrupting the basic logic initially approved by the principal agent. The quantities contained in these bills of quantities are provisional and shall be utilized as a guide only for the drawing up of the programme.

Where assumptions are made in regard to programming aspects, such assumptions shall be recorded in the programme.

12.4.5 The programme shall be updated and modified to accommodate a material change in circumstances or whenever reasonably required by the principal agent.

Any acceleration and/or special measures sanctioned by the principal agent together with associated effects shall be incorporated in a revision to the programme.

12.4.6 The programme (including each revision thereof) shall be prepared in conjunction with the principal agent and shall be subject to his approval. The approval of the principal agent shall be deemed to be given on the basis that the contractor represents that the programme complies with the requirements of this agreement.

The contractor shall be responsible at all times for maintaining the accuracy, validity and reasonableness of the programme and the implementation thereof. The fact that a programme has been prepared in conjunction with the principal agent or approved by him shall not release or relieve the contractor from any of his obligations or responsibilities under this agreement. Without derogating from the foregoing, the contractor shall at all times bear the onus to demonstrate that the programme complies with the requirement of this agreement and, where applicable constitute an appropriate baseline programme for any purpose in connection with this agreement.

12.4.7 The contractor and the principal agent shall, at regular intervals not exceeding one month, assess the state of progress of the works relative to the latest agreed revision of the programme. Such

agreement shall include the recording of actual commencement and completion dates for each activity and shall constitute the official record of the progress at such point in time. 12.4.7 The contractor shall comply with his tendered subcontractors as stipulated in clause 4.6. 12.5 The contractor shall not remove, cut back or disturb trees and shrubs without a contract instruction from the principal agent. (Specific requirements of the employer must be described) 12.6 The contractor shall ensure that any relics, treasure or other articles of potential value found on the site remain the property of the employer and shall be handed over to the principal agent who shall be the sole arbiter of what is an article of value.

14.0 NOMINATED SUBCONTRACTORS

Delete clause 14.1 and replace with the following 14.1 The principal agent and/or agents, on written instruction from the employer, shall:

Delete clause 14.1.5 Amend clause 14.3 to read as follows:- 14.3 Where such subcontractor is not appointed by the contractor for the reasons stated (14.2), or where the appointment of a subcontractor has been terminated, another subcontractor shall be nominated and be appointed on instruction from the principal agent on written instruction from the employer.



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Amend clause 14.7.1 to read as follows:- The principal agent, on written instruction from the employer, shall instruct the contractor to appoint another nominated subcontractor (14.1.4) to complete the n/s subcontract works.

15.0 SELECTED SUBCONTRACTORS

Amend clause 15.1 to read as follows:- The principal agent and/or agents, on written instruction from the employer, shall:

Clause 15.1.2 deleted and replaced with: 15.1.2. Call for tenders from a list of tenderers agreed between the contractor, the principal agent and the employer

15.1.5. Delete Amend clause 15.4 to read as follows:- 15.4. Where such subcontractor is not appointed by the contractor for the reasons stated (15.3), or where the appointment of a subcontractor has been terminated, another subcontractor shall be chosen and be appointed on instruction from the principal agent on written instruction from the employer.

Amend clause 15.7.1 to read as follows:- 15.7.1 The contractor shall appoint another selected subcontractor (15.1.4) to complete the n/s subcontract works in consultation with principal agent and/agents on written instruction from the employer

16.0 Amend clause 16.1.1 by adding the following sub-clause: 6.1.1.1 The employer will appoint direct contractors for the following direct contract work and the contractor shall be expected to accommodate them in his planning and execution of work: a) ……………….. b) ………………

17.0 CONTRACT INSTRUCTIONS

Amend Clause 17.0 by adding the following sub clauses under clause 17.1.2 The word “substantially” in the main clause above is qualified by the following four sub clauses: 17.1.2.1 Quantity as per line item in fixed Bill of Quantity of more than 5%. 17.1.2.2. Variation in standards that result in rate adjustment within the BOQ of more than 5% 17.1.2.3. Variation in the design that varies the contract sum by more than 5% 17.1.2.4. Should any of the clauses 17.1.2.1-3 be triggered the employer must be notified within 24 hour of becoming aware of the change in writing. The 5% variance includes the exceeding or reduction of the amount as state above. Amend clause 17.1.13 to read as follow: 17.1.13 Expenditure of budgetary allowances, prime cost amount and provisional sums will only be allowed with the express, explicit and unique written consent of the employer.

19.0 PRACTICAL COMPLETION

Amend Clause 19.0 by adding the following clauses: 19.4.1. In the event of failure as contemplated in the main clause, The employer reserves the right to issue a practical completion list in excess of the principal agent list or in replacement thereof. 19.4.2. No default Practical completion will be deemed to be given, in light of sub clause 19.4.1



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19.8 Without derogating from the generality of the requirements for practical completion the following

specific requirements shall apply:

19.8.1 Defects occurring after the issue of the practical completion list requiring remedial work that will in the opinion of the principal agent cause disruption, will cause the issue of the certificate of practical completion to be withheld until such defects have been rectified to the satisfaction of the principal agent.

19.8.2 The following certificates of compliance shall be required (excluding others that may be

required by the local/national authority) from the contractor to achieve practical completion and completion certificate shall be invalid if one of them is missing:

a) A certificate from the contractor that all aspects of the construction regulations

of 2003 have been complied with. b) A certificate from the contractor that the National Building Regulations have

been complied with c) An occupancy certificate d) occupational Health and Safety certificate e) A certificate of compliance with respect to plumbing and drainage f) An electrical certificate of compliance g) A certificate of compliance with respect to all glazing h) A certificate of compliance and fire clearance certificate from the contractor

and fire chief respectively. i) A galvanizing and painting guarantee. j) All mechanical certificate of compliance. k) All structural certificate of compliance. l) A palisade certificate of compliance. m) A smoke extraction certificate of compliance. n) A fire signage certificate of compliance. o) A tiling certificate of compliance. p) A waterproofing certificate of compliance. q) A generator guarantee. r) Commissioning reports s) Maintenance and operational manuals t) Training of end users on equipment, etc. u) Any other applicable guarantees.

19.8.3 A complete set of maintenance and operating manuals together with all workmanship and material warranties and guarantees are to be compiled and issued to the principal agent prior to practical completion being granted. In addition to the abovementioned

documentation a formal "on site" handover will be required to be conducted with every discipline in the presence of the contractor as well as the applicable services

subcontractor. Delete Clause 19.6 and replace with the following clauses: 19.6 Notwithstanding anything to the contrary contained in the contract, should the contractor in the

opinion of the principal agent not have achieved practical completion of any area of the works, the employer may, notwithstanding the contractor’s ongoing responsibilities, take possession of any such area and such possession by the employer shall not in any way be construed that practical completion has been achieved.

In such event, the principal agent shall give written notice to the contractor that the employer is taking immediate possession of any particular area/s without practical completion having been achieved in order to mitigate the employer’s damages and exposure to loss or expense.

19.6.1 In the event of the Employer taking occupation of the works or part thereof prior to

practical completion being achieved, but on or after the date for practical completion, the employer shall:

(a) Have the principal agent issue a practical completion list(s) prior to such

occupation



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(b) Grant the contractor thereafter all reasonable access to expeditiously attend to the items on the practical completion list(s)

Add clause 19.9 to Clause 19.0 to read as follows: 19.8 After the issue of the certificate of practical completion, entry upon the works to make good

defects shall be at such reasonable times as shall be agreed by the principal agent.

The contractor shall not receive any mark-up for overheads and profit on any omission of tenant

installation work or tenant installation work by others. Claims of loss of profit shall not be entertained.

22.0 LATENT DEFECT LIABILITY PERIOD

Amend Clause 22.1 to read as follow: 22.1 The latent defect liability period for the works shall commence at the start of the construction period and end 10 years from the certified date of final completion. Amend 22.2.1 to read as follow: 22.2.1 Where termination of this agreement occurs before the date of final completion, the latent defect liability period shall end 10 Years from the date of termination (29.10; 29.23) for the completed portion of the works only. Delete clause 22.2

23.0 REVISION OF THE DATE FOR PRACTICAL COMPLETION

Amend 23.2 to read as follow: 23.2 The contractor is entitled to a revision of the date for practical completion with an adjustment of the contract value (26.0) by the principal agent subject to a written approval from the employer, for a delay to practical completion caused by one or more of the following events:-

Amend 23.7 to read as follow: 23.7. The principal agent shall, within twenty (20) working days of receipt of the claim, with the written consent of the employer, grant in full, reduce, refuse the working days claimed, and:

25.0 PAYMENT

Amend 25.1. to read as follow:

25.1 The contractor shall cooperate with and assists the employer and Principal agent in the preparation

of the cash flow statement and payment valuation by providing all required document and quantified amount

of work duly executed. Where the contractor has not provided such information the principal agent shall

make a fair estimate of the work executed.

Amend Clause 25.0 by adding the following sub clauses under clause 25.1:

25.1.1. The principal agent shall prepare in full the payment certificate for signature and effect by the

employer as stipulated in the contract. No payment certificate will be concluded and effected without the

employer’s authorized signature on the certificate.

25.1.2. No payment certificate will be effected without the employer’s authorized signature on the

certificate.



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25.1.3 The Employer reserves the right to demand a valid Tax Clearance Certificate prior to making any

payment to the Contractor, should it become aware that the tax clearance certificate has expired.

25.1.4 The Contractor shall submit the valid Tax Clearance Certificate within fifteen (15) working days or

any extended period, from the date of expiry of the Tax Clearance Certificate.

Amend clause 25.4.4 to read as follows:

25.4.4 Default interest, where applicable, shall only be effective after the 30 calendar days from the date of

submission of undisputed payment certificate and Contractor Invoice to the employer at the rate of repo

rate plus 3%.

25.4.5. Delete

Amend 25.7 to read as follow: 25.7 The Employer shall, in accordance with clause 8.2.3 of the treasury regulation of March 2005, pay to the Contractor the amount certified in an interim payment certificate within thirty (30) calendar days from the date of submission of undisputed payment certificate” to the employer after verification, unless there is an objection of the certificate by the employer. The employer cannot reject a certificate once the employer signs it. Amend Clause 25.9 by adding the following sub clauses: 25.9.1 The employer shall only be liable for the payment for materials and/or goods on site if ownership is proven by the contractor (paid in full) and such ownership shall pass on to the employer upon payment.

25.9.2 The employer shall only be liable for the payment for materials and/or goods offsite if ownership is proven by the contractor (paid in full) and the contractor submits a bank guaranteed cheque of the value of materials and/or goods in favour of the client and such ownership shall pass on to the employer upon

payment.

26.0 ADJUSTMENT OF THE CONTRACT VALUE AND FINAL ACCOUNT

Add the followings sub clauses to clause 26.1.

26.1.1. Upon receipt of the change request, the Principal Agent must professionally consider the merits

of the change request and make a recommendation to the employer.

26.1.2. The Principal Agent shall not have the power to approve any deviation or variation which has

financial implications on the Employer without the necessary written approval of the Employer, except

under emergency circumstances wherein failure to undertake the work may result in loss of life.

26.1.3. The Employer must communicate the approval of the change request in writing to the Principal

Agent and the Principal Agent shall, upon receipt of confirmation of the change request, issue the

necessary Contract Instruction to the contractor to undertake the works.

26.1.4. The Contractor shall not commence with any change request Works without proof of the written

approval of the Variation Order from the Employer, except under circumstances mentioned in paragraph

26.1.2 above.



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26.1.5 Should the Contractor undertakes the change request Works without the necessary written

approval of the change request from the Employer, the Contractor shall be entirely liable for any financial

and any related implications and hereby indemnify and hold harmless the Employer from and against any

and all claims, actions, damages, liabilities, injuries, costs, fees, expenses, or losses, including and without

limitation, reasonable attorney’s fees and costs of investigation and litigation, whatsoever which may be

incurred by, or for which liability may be asserted against, the Employer arising out of the Contractor’s

performance or non-performance of unauthorized works, but only to the extent caused by the negligent

acts, errors or omissions of the Contractor.

26.1.6. The Contractor shall not accept any instructions from any party, including beneficiary Department,

other than the Principal Agent.

Amend clause 26.7 to read as follow:

26.7 The principal agent, in consultation with the employer, shall assess the claim and on approval by the

employer, shall adjust the contact value within twenty (20) working days of receipt of such details.

27.0 RECOVERY OF EXPENSE AND/OR LOSS

27.1.4. Delete

28.0 SUSPENSION BY THE CONTRACTOR

Amend clause 28.1. to read as follow:

28.1 The contractor may give fourteen (14) Working days’ notice to the employer and the principal agent

of the intention to suspend the works where the employer and the principal agent have failed to:

Add the followings clause to clause 28.0:

28.5. The date of resumption of works shall be the date on which the default has been remedied by the

employer.

29.0 TERMINATION

Clause 29.1.1 is amended by the addition of the following sub-clauses: 29.1.1a The contractor refuses or neglects to comply strictly with any of the conditions of contract.

29.1.1b The contractor’s estate being sequestrated, liquidated or surrendered in terms of the insolvency

laws in force with the Republic of South Africa. 29.1.1c The contractor, in the judgment of the employer, has engaged in corrupt or fraudulent practices

in competing for or in executing the contract. 29.1.1d The contractor fails to perform in terms of the agreement or the employer on reasonable ground

believe that the contractor may not be able to comply with his obligation.

Amend 29.10 to read as follow:

29.10 The latent defect liability period for the completed portion of the works shall end (22.2.1) 10 years

from the date of termination.



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Amend 29.23 to read as follow:

29.23 The latent defect liability period for the completed portion of works shall end 10 years from the date

of termination (22.2.2).

30.0 DISPUTE RESOLUTION

Delete clauses 30.3, 30.4, 30.5 and 30.6



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C1.2.1 _ SPECIAL CONDITIONS OF CONTRACT

To the

THE JBCC PRINCIPAL BUILDING AGREEMENT

NAME OF PROJECT: BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL

INTRODUCTION

WHEREAS, the Independent Development Trust (“IDT”) made an Offer of Appointment and the

Contractor has accepted such appointment subject to the conditions stipulated in the aforesaid

Offer of Appointment Letter, which conditions include signing of the JBCC Agreement, Edition

6.1 © March 2014 (hereinafter referred to as “Main Agreement”) and the Contract Data.

AND WHEREAS, this Special Condition of Contract shall form part of the Main Agreement

between the Employer and the Contractor.

1. ADDITIONS TO THE MAIN AGREEMENT AND THE CONTRACT DATA

1.1 JOINT VENTURE AGREEMENT

1.1.1 Should the Joint Venture Agreement be dissolved or any of the JV partner pull out

the JV Agreement for any reasons whatsoever, the Employer hereby reserve its

right to terminate the contract with immediate effect.

1.1.2 Should one JV partner pull out of the JV agreement and the replacement JV partner

does not meet the BBBEE threshold stipulated in clause 5.4 of the Special Condition

of the Principal Contract, the IDT shall be entitled to cancel the contract with

immediate effect.

1.1.3 Should the BBBEE status of the Joint Venture be changed to a lower rate than the

bidding rate, based on legislation applicable at the time of tender closing, the IDT

shall be entitled to cancel the contract.

2. SUBCONTRACTING

2.1 A service provider awarded the contract may not sub-contract more than 25% of the

value of the contract to any other enterprise that does not have an equal or higher

BBBEE status level than the person concerned, unless the contract is subcontracted

to an exempted micro enterprise that has the capability and ability to execute the

sub-contract.

2.2 Service provider awarded the project shall subcontract not less than 15% of the

contract value to Black-owned local firms with preferably women, youth and people

with disability

3. LOCAL ENTERPRISE

Service provider awarded the project shall purchase at least 5% of the materials locally where

available.



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4. TRAINING

Service provider awarded the project may train local labour on life skills, on the job and

accredited certification in e.g. plumbing etc.

5. INSURANCES

The contractor shall be responsible for effecting and maintaining the contract works insurance

for the full duration of the contract period. The insured amount for the full scope of works shall

be 100% of the contract amount. The insured amount shall include for alterations and

renovations to existing buildings and shall not reduce in any way despite sectional; completion

being taken.

6. SITE AND ACCESS AND WORKING HOURS

Clauses 16.0, 16.1 and 16.6 amended to read’ the site of the works is regarded a National Key

Point within which the contractor shall have restricted access to the site on being given

possession to fulfill his obligations. The contractor shall be briefed on the restrictions of

movement, servitudes, access control, buildings in use, security requirements and security

clearances, working hours due to the site being occupied and under the employers control at all

times. The contractor shall not extend his operations into any restricted or undefined areas.

The contractor shall ensure that all personnel and subcontractors engaged on the contract and

those visiting the site have the necessary security clearances prior to such persons being

brought on to site. Any persons found to be non-compliant shall not be allowed entry to the

site. All costs associated with the verification of personnel to meet this requirement shall be

borne by the contractor.

The employer shall have unrestricted and continuous access to the works due to the statutory

classification of the site and its operations. This arrangement shall be coordinated and agreed

upon by all parties prior to the handover of the site to the contractor. A steering committee

comprising representatives of the employer, the principal agent, the contractor and any other

nominated or required party shall be set up to ensure that the contractors operations are

unhindered.

Work shall be carried out during normal working hours. Any extended times or approval or

overtime work shall be considered and approved by the steering committee.

The contractor shall comply with the employers rules for the control of delivery of materials and

goods into the site and for the removal of such items from the site.

7. PAYMENT OF PRELIMINARY & GENERAL COSTS (P&G)

In the event that the contractor, due to causes of his own making, fails to achieve the targets set

out in his construction programme and his performance is not in accordance with the contract,

payment of the time related p&g will be paid in proportion to the value of the monthly progress

payment and not in accordance with the projected cash flow for this item. The principal agent

shall review the status quo and revert to paying the contractor in accordance with the contract

once the contractor has demonstrated improvement of their performance and the principal agent

is satisfied that the contractor is performing diligently.



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Similarly the full amount of the fixed portion of the p&g will be paid only once the successful

contractor has fully complied with deliverables under this section.

8. FINAL PAYMENT

The employer shall pay to the contractor the amount certified in final payment certificate within

thirty (30 ) calendar days of the date of issue of the payment certificate or the contractors tax

invoice whichever is the later date.

9. AMBIGUITY OR DISCREPANCY

If any ambiguity or discrepancy in any of the documents forming part of the contract is found,

then the contract data and or amendments herein shall prevail in cases of conflict between any

of the documents.

all risks insurance - especially with the current weather conditions - we need opt ensure that all

contracts are insured.

TENDERERS NAME: ____________________________________________________

TENDERERS ADDRESS: _________________________________________________

PRINT FULL NAMES

______________ _______________

SIGNATURE DATE

(Duly authorised to sign on behalf of the tenderer)

WITNESS 1:

______________

PRINT FULL NAMES

______________ _________________

SIGNATURE DATE

______________

PRINT FULL NAMES

WITNESS 2:

______________ _________________

SIGNATURE DATE

(This document must be signed and witnessed and returned with the bid submission as a returnable documents. Failure to do so may disqualify the submission)



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C1.2.2 _ NOTES TO TENDERERS

Tenderers shall price all the bill items for works scheduled in the bills of quantities. Tenderers are reminded that some of the works are to be undertaken under restrictive site conditions, over steep terrain, in dense vegetation, protected environments etc. This reminder refers particularly to approximately ...metres of fence line and associated works along the ……. boundary line. (eg. of trades/works - site clearance, trees, excavation in all classes of material , backfill and compaction around fence line, removal, spreading and levelling of surplus excavated materials, within which the new fences and all associated concrete works are to be erected in accordance with the tender specifications etc.) In addition to the normal rates priced for standard measured items in the bills of quantities, tenderers shall provide for all additional plant, labour, equipment, temporary works, temporary access ways and any additional supervision, transport, security, special plant and equipment to navigate restrictive site conditions and all things necessary for completion of the works within this bills of quantities as described in bill items… on page in the bills of quantities. The rates or amounts tendered for these items shall also include for the tenderers management, attendance, profit, costs for removal and reinstatement of the ground conditions, vegetation etc in the state and condition prior to the works being undertaken. Tenderers are reminded and hereby given the opportunity to allow for and price all costs related to the abnormal working conditions referred to herein as no claims for additional costs will be entertained for any omission on the part of tenderers. Tenderers are given the option to include the above mentioned additional costs in their tender amount as a lump sum amount in item….. under section in the bills of quantities. Alternatively Tenderers tendered rates or amounts shall be deemed to include for all such costs. Tenderers will be briefed in further detail at the compulsory site inspection meeting as scheduled the tender notice. Tenderers are advised to ensure that the representatives sent to the site briefing meeting are experienced to understand and interpret matters of this nature.

TENDERERS NAME: ____________________________________________________

TENDERERS ADDRESS: _________________________________________________

______________ PRINT FULL NAMES ______________ _______________ SIGNATURE DATE (Duly authorised to sign on behalf of the tenderer)

WITNESS 1: ______________ PRINT FULL NAMES ______________ _______________ SIGNATURE DATE

WITNESS 2:

(This document must be signed and witnessed and returned with the bid submission as a returnable

documents. Failure to do so may disqualify the submission)



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C1.2.3 _ CONTRACT AGREEMENT

Clause Number

Contract Agreement

41.0 41.0 POST TENDER PROVISIONS

41.1 All information provided in this section requires consultation with the parties to the

agreement.

41.2 The completed Contract Data - Employer and Contractor data -

Contractor addenda and such other pertinent documents as listed below shall form part of this agreement:

a. The JBCC Principal Building Agreement, Edition 6.1; b. The contractor’s tender document accepted by the employer; c. The form of offer signed by the contractor; d. The special conditions of contract; e. The contract data;

f. Full set of construction drawings; and g. Other contract documents

h. Contract Data and amendments to the JBCC as set out herein ‘the Contract Data i. The priced document j. Such written amendments or additions to the above documents as may be agreed

between the parties. 41.3 The dispute resolution body selected by the parties is:

THE ASSOCIATION OF SOUTH AFRICAN ARBITRATORS

41.4 The employer shall provide a Payment Guarantee

(amount) N/A

41.5 An annual building industry holiday period is applicable

(yes/no) YES

41.6 Further provisions and information agreed by the parties:

42.0 42.0 CONTRACTUAL AGREEMENT

42.1 This agreement is the entire contract between the parties regarding the matters

addressed herein. No representations, terms, conditions or warranties not contained in this agreement shall be binding on the parties. No agreement or addendum varying, adding to, deleting or terminating this agreement including this clause shall be effective unless reduced to writing and signed by the parties.

42.2 Contracting Parties

(1) Employer : THE INDEPENDENT DEVELOPMENT TRUST

Physical Address : The Independent Development Trust Glenwood Office Park Cnr Oberon and Sprite Streets Faerie Glen Pretoria 0043



112

Telephone : (012) 845 2000 E-mail : [email protected] TAX / Vat Registration no : 4580147876

Contract Agreement

Clause Number

(2) Contractor : ………………………………………………………………

Physical Address : ……………………………………………………………….

……………………………………………………………….. Telephone : ………………………………………………………………..

Fax : ………………………………………………………………..

E-mail : ………………………………………………………………… TAX / Vat Registration no : …………………………………………………………………

42.3 The accepted contract sum (inclusive of tax)

(amount)

(In words) ________________________________________________________ ________________________________________________________ ________________________________________________________ 42.4 Signature of the contracting parties:

Thus done and signed at ___________________________on __________________

__________________________ _______________________________

Name of signatory For and on behalf of the employer who

by signature hereof warrants authorisation hereto

__________________________ _______________________________

Capacity of signatory As Witness (1)

Thus done and signed at ___________________________on __________________

__________________________ _______________________________



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Name of signatory For and on behalf of the contractor who

by signature hereof warrants authorisation hereto

__________________________ _______________________________

Capacity of signatory As Witness (2)

Clause Number

Contract Agreement

Details of Witness (1) Details of Witness (2) Name: _____________________________ Name: _____________________________ Address: _____________________________ Address: _____________________________ _____________________________ _____________________________ _____________________________ _____________________________



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Contract Data – Employer to Contractor

Clause Number


1.0 CONTRACTING AND OTHER PARTIES

1.1 Employer : THE INDEPENDENT DEVELOPMENT TRUST Physical Address : The Independent Development Trust


Telephone : (012) 845 2000 Fax : _____________ E-mail : [email protected] TAX / Vat Registration no : _________________ 1.2 Principal Agent : Nemorango Consulting Engineers Postal Address : Office at Nature, Block D4, 500 Botterklapper Street Die Wilgers, 0184 Telephone : (015) 295 2023 Fax : (012) 295 2024 E-mail : [email protected]

1.3 Agent 1 : XXXX Architects

Agent’s service : Architects Postal Address : _____________ _____________ ______ Telephone : _____________ Fax : ______________ E-mail : ___________________ 1.4 Agent 2 : XXXX Quantity Surveyors Agent’s service : Quantity Surveyor Postal Address : Telephone : Fax : E-mail : 1.5 Agent 3 : Kopano- Lesego Consulting Agent’s service : Occupational Health and Safety Consultant Postal Address : _P.O Box 913______________ _Wilgeheuwel _____________ __1736_____________ Telephone : __011 0277 636___________



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Fax : ______________ E-mail : ____________________

Clause Number


1.6 Agent 4 : Nemorango Consulting Engineers Agent’s service : Civil Engineer Postal Address : ____________ Office at Nature, Block D4, 500 Botterklapper Street _ Die Wilgers, 0184______ Telephone : ______________ Fax : ______________ E-mail : _____________________ 1.7 Agent 5 : XXXXX Engineers Agent’s service : Electrical Engineer Postal Address : ________________ _____________ _______ Telephone : _____________ Fax : _____________ E-mail : _______________________ 1.8 Agent 6 : XXXXXX Engineers Agent’s service : Mechanical Engineer Postal Address : ______________ ____________ _______ Telephone : _____________ Fax : _____________ E-mail : _____________________ 1.9 Agent 7 : XXXX Engineers Agent’s service : Fire and Wet Services Engineer Postal Address : _______________ ______________ _______ Telephone : _____________ Fax : _____________ E-mail : _______________________ 1.10 Agent 8 : XXXXX Architects Agent’s service : Landscape Architect Postal Address : _______________ ______________ ______ Telephone : _____________ Fax : _____________ E-mail : ________________________



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Clause Number


1.11 Agent 9 : XXXXXXXX Agent’s service : Health and Safety

Consultant Postal Address : ______________ ___________ ______ Telephone : _____________ Fax : ______________ E-mail : _____________________

1.12 Interest of principal agent or other agents (yes/no) No

in the project [5.5] Details where “yes” _Not applicable______________________________________ 1.13 The principal agent named in 1.2 above is responsible for the preparation of the

contract data schedule and must be contacted should the contractor be uncertain of the information provided or to be provided. Failure to complete the contract data schedule in full may result in the tender being disqualified.

2.0 CONTRACT AND SITE INFORMATION 2.1 The law applicable to this agreement

[1.7] (country/state) South Africa

2.2 Works identification

[1.1] The project consists of high security fence installations and building works comprising only 1 level of a brick wall structure with glazed aluminium windows together with all ancillary external works. The fence line requires concrete plinths, stormwater channels and electrical sleeve installtions. Sally port structure to be built of structural steel members and fencing panels including high security sliding gates on gate crawlers to be later automised into the high security systems. This project also includes a fair amount of repair work to the existing facility with specific reference to fencing and building works.

2.3 Site description

[1.1]

Department of Correctional Services,

Baviaanspoort Correctional Centre, R513, Tshwane, Gauteng, 0186

2.4 Possession of the site is to be given on

[15.2.1] (date) To be agreed

2.5 Period for the commencement of the [15.3] works after the contractor takes

possession of the site (working days) 10

2.6 Completion of the works in sections is required

[15.4, 28.0] (yes/no) No (No of sections) N/A

2.7 Waiver of the contractor’s lien or right of continuing possession is required



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[3.3, 31.16.2] (yes/no) No

2.8 Defined restrictions to the site area. Where “yes” the specific [16.1] requirements are described below or detailed in the contract

documents (yes/no) No

_Not applicable_________________________

Clause Number


2.9 Geotechnic investigation of the site has been undertaken. [16.4] Where “yes” results are included in the contract documents

(yes/no) No

2.10 Existing premises will be occupied. Where “yes” the specific [16.6] requirements are described below or detailed in the contract documents.

(yes/no) Yes

2.11 Provision of temporary services is required. Where “yes” the [16.7] specific requirements are described below or detailed in the contract documents

(yes/no) Yes

2.11.1 Water Option A Contractor – his cost Option B Employer – free of charge Option C Employer – metered (contractor’s cost)

(A, B or C) A

2.11.2 Electricity Option A Contractor – his cost Option B Employer – free of charge Option C Employer – metered (contractor’s cost)

(A, B or C) A

2.11.3 Telecom Option A Contractor – his cost Option B Employer – free of charge Option C Employer – metered (contractor’s cost)

(A, B or C) A

2.11.4 Ablutions Option A Contractor – his cost Option B Employer – free of charge

(A or B) A

2.12 Protection of existing trees and shrubs is required [16.8] Where “yes” the specific requirements are described below or detailed in the contract documents

(yes/no) No

_Not applicable______________________ 3.0 INSURANCES AND SECURITIES 3.1 Contract works insurance (CWI) (including materials, goods and temporary works) to

be effected by

[10.1.1, 12.6] (Employer/Contractor) Contractor

For the sum of (amount) Contract sum



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With a deductible of (amount)

3.2 Supplementary / Special insurance (including CWI extentions) to be effected by

[10.1.2, 11.1-3, 12.6] (Employer/Contractor) Contractor

For the sum of (amount) Contract sum

With a deductible of (amount) 0.1% of value

Clause Number


3.3 Public liability insurance (each and every claim or unlimited for the period) to be

effected by

[10.1.3, 12.6] (Employer/Contractor) Contractor

For the sum of (amount) Contract Sum


3.4 Support insurance to be effected by

[11.1.1] (Employer/Contractor)

For the sum of (amount)


3.5 Special insurance to be effected by

[11.1.2-3, 12.1] (Employer/Contractor) N/A

Type N/A

For the sum of (amount) N/A

With a deductible of (amount) N/A

3.6 Allowance for professional fees and escalation of insured value at 25% pa, or ?% effected by (Employer/Contractor) For the sum of (amount)


4.0 PRACTICAL COMPLETION DATES AND PENALTIES 4.1 For the works as a whole: Date

[24.3.1] The date for practical completion

[30.1-3] and the penalty per calendar day

8 calendar weeks after contract

commencement date

R 1 500 per calendar day

4.2 For the works in sections: Date

[24.3.1] The date for practical completion



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[30.1-3] and the penalty per calendar day

Section 1 N/A N/A

Section 2 N/A N/A

Section 3 N/A N/A

Section 4 N/A N/A

Section 5 N/A N/A

Section 6 N/A N/A

Clause Number


5.0 DOCUMENTS AND GENERAL 5.1 Construction document copies to be supplied to the contractor free of charge

[3.7] (No of drawings) None

1.1.4 List of drawings issued to the contractor free of charge

Contract Drawing Description Date Drawing Number

Revision No. Issued

If space is insufficient, please annexure:-

5.2 The priced document may be used as a specification of materials and goods

[3.9] and work methods (yes/no)

5.3 The contractor shall provide a schedule of rates

[3.10] (yes/no) No

5.4 Changes made to JBCC standard documents

[3.11] (yes/no) Yes Annexure No N/A

The provisions of the JBCC 2000 Principal Building Agreement and Preliminaries have been

changed. Details of all changes are incorporated in these bills of quantities 5.5 On acceptance of the tender the priced document is to be submitted

[15.1.1] within the stated working days (No of) 5

5.6 Work to be undertaken by direct contractors

[22.2] (yes/no) Yes Annexure No N/A

Contractors are referred to Section C – Additional Preliminaries - together with the

Provisional Sums Section in the bills of quantities regarding contracts which may, at the discretion of the employer, be executed as part of the Principal Building Contract or executed as direct contracts

5.7 On achievement of practical completion the contractor is to hand over

[24.9] manuals etc related to the works as listed under Clause 19.8.2 of the Contract Data



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(1)_________________________ (2)_________________________

5.8 Interim payment certificate to be issued by

[31.1] (Date of month) 25th

6.0 CHANGES MADE TO THE STANDARD JBCC DOCUMENT THE PROVISIONS OF THE JBCC 2000 PRINCIPAL BUILDING AGREEMENT,

EDITION 6.1 AND PRELIMINARIES HAVE BEEN CHANGED. DETAILS OF ALL CHANGES ARE INCORPORATED IN THESE BILLS OF QUANTITIES.

7.0 DECLARATION BY THE PRINCIPAL AGENT I, the principal agent named in 1.2 above, declare that the information provided

above is complete and accurate at the time of calling for tenders. Where necessary, should any of the above information need to be varied, tenders will be forthwith informed thereof in writing.

_________________________________ _________________________ Principal Agent Date



Contract Data – Contractor to Employer

Clause Number


1.0 CONTRACTING PARTY

1.0 Contractor :……………………………………………………………......

Physical Address :…………………………………………………………………

Telephone : ……………………………………………………………… Fax : E-mail : ……………………………………………………………… TAX / Vat Registration no : ………………………………………………………………

2.0 SECURITIES

2.1 The security provisions selected are: 2.1.1 Variable Construction Guarantee

[14.3] (yes/no)

2.1.2 Fixed Construction Guarantee and Payment Reduction

[14.4] (yes/no)

2.1.3 Advance Payment is required. Where “Yes”

[14.5] (where yes - amount) N/A

2.1.4 An Advance Payment Guarantee to be provided

(yes/no) No

3.0 PAYMENT AND ADJUSTMENT OF PRELIMINARIES

3.2.4 The contract value shall be adjusted according CPAP

[3.1] (yes/no) No

3.2.5 Payment of preliminaries

[3.1.1-2] (A or B) A

3.2.6 Adjustment of preliminaries

[3.2.1-2] (A or B)

4.0 EMPLOYER CHANGES TO JBCC STANDARD DOCUMENTS

4.1 Changes (if any) in terms of the Employer’s Contract Data are accepted

[3.11] (addendum/special conditions of contract)

(yes/no) Yes

5.0 THE TENDER

5.1 This tender is to be submitted to the principal agent (employer) at the street address provided

in the invitation to tender before the tender closing date and time stated therein. 5.2 By the submission of this tender to the employer the tenderer offers and agrees to contract

for, execute and complete the works for the tender sum as stated below. 5.3 Tenderers will be opened in public directly after the stated closing time. Only the total tender

sum as stated in each tender will be announced. .



Clause Number


5.4 The lowest or any tender will not necessarily be accepted by the employer.- nor needs reason

be given for such a decision. 5.5 This tender shall remain in full legal force for ninety (90) calendar days. The tenderer accepts

liability for damages as may be suffered by the employer should the tender validity period not be honoured.

5.6 This tender takes into account all listed items [4.0] for the purpose of preparing and submitting

this tender.

5.7 The successful tenderer will be appointed in terms of the JBCC Principal Building Agreement edition 6.1, with the special conditions of contract and contract data.



C1.3 CONSTRUCTION GUARANTEE



124



C1.3 Construction Guarantee

GUARANTOR DETAILS AND DEFINITIONS

Guarantor means

Physical address

Guarantor’s signatory 1 Capacity

Guarantor’s signatory 2 Capacity

Employer means THE INDEPENDENT DEVELOPMET TRUST

Contractor means

Agent means Principal Agent

Works means BID NO: DCS07GAUN003-CON

BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE:

RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL

Site means Department of Correctional Services, Durban Correctional Facility, Harry

Gwala Rd, Westville, Durban, 3629

Agreement means The JBCC Series 2000 Principal Agreement Edition 6.1 with contract

data, standard and special conditions of contract

Contract Sum i.e. the total of prices in the Form of Offer and Acceptance inclusive of VAT

Amount in figures R

Amount in words

(Rand)

Guaranteed Sum means the maximum aggregate amount of

Amount in figures R

Amount in words

(Rand)



125

1 The Guarantor’s liability shall be limited to the amount of the Guaranteed Sum as follows:

GUARANTOR’S LIABILITY

PERIOD OF LIABILITY

Maximum Guaranteed Sum (not exceeding 10 % of the contract sum) in the amount of:

(Rands) (R )

From and including the date of issue of this Construction Guarantee and up to and including the date of the only final completion certificate or the last final completion certificate where there are sections, upon which this Construction Guarantee shall expire.

2 The Guarantor hereby acknowledges that: 2.1 Any reference in this Guarantee to the Agreement is made for the purpose of convenience and

shall not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create a surety ship.

2.2 Its obligation under this Guarantee is restricted to the payment of money. 3 Subject to the Guarantor’s maximum liability referred to in clauses 1, the Guarantor hereby

undertakes to pay the Employer the sum certified upon receipt of the documents identified in sub-clauses 3.1 to 3.3:

3.1 A copy of a first written demand issued by the Employer to the Contractor stating that

payment of a sum certified by the Principal Agent in an interim or final payment certificate has not been made in terms of the Agreement and failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment in terms of sub-clause 3.2

3.2 A first written demand issued by the Employer to the Guarantor at the Guarantor’s physical address with a copy to the Contractor stating that a period of seven (7) calendar days has elapsed since the first written demand in terms of sub-clause 4.1 (3.1) and that the sum certified has still not been paid therefore the Employer calls up this Guarantee and demands payment of the sum certified from the Guarantor.

3.3 A copy of the said payment certificate, which entitles the Employer to receive payment in terms of the Agreement of the sum certified in clause 3.

4 Subject to the Guarantor’s maximum liability referred to in clause 1, the Guarantor undertakes to

pay the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first written demand from the Employer to the Guarantor at the Guarantor's physical address calling up this Guarantee stating that:

4.1 The Agreement has been cancelled due to the Contractor's default and that the

Guarantee is called up in terms of clause 4. The demand shall enclose a copy of the notice of cancellation; or

4.2 A provisional sequestration or liquidation court order has been granted against the Contractor and that the Guarantee is called up in terms of clause 4. The demand shall enclose a copy of the court order.

5 It is recorded that the aggregate amount of payments required to be made by the Guarantor in

terms of clauses 3 and 4 shall not exceed the Guarantor's maximum liability in terms of clause 1. 6 Where the Guarantor is a registered insurer and has made payment in terms of clause 4, the

Employer shall upon the date of issue of the final payment certificate submit an expense account to the Guarantor showing how all monies received in terms of the Guarantee have been expended and shall refund to the Guarantor any resulting surplus. All monies refunded to the Guarantor in terms of this Guarantee shall bear interest at the prime overdraft rate of the Employer’s bank



126

compounded monthly and calculated from the date payment was made by the Guarantor to the Employer until the date of refund.

7 Payment by the Guarantor in terms of clause 3 or 4 shall be made within seven (7) calendar days

upon receipt of the first written demand to the Guarantor. 8 The Employer shall have the absolute right to arrange his affairs with the Contractor in any

manner which the Employer deems fit and the Guarantor shall not have the right to claim his release from this Guarantee on account of any conduct alleged to be prejudicial to the Guarantor

9 The Guarantor chooses the physical address as stated above for all purposes in connection

herewith. 10 This Guarantee is neither negotiable nor transferable and shall expire in terms of clause 1, or

payment in full of the Guaranteed Sum or on the Guarantee expiry date, whichever is the earlier, where after no claims will be considered by the Guarantor. The original of this Guarantee shall be returned to the Guarantor after it has expired

11 This Guarantee, with the required demand notices in terms of clauses 3 or 4, shall be regarded

as a liquid document for the purpose of obtaining a court order. 12 Where this Guarantee is issued in the Republic of South Africa the Guarantor hereby consents in

terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.

Signed at Date Guarantor’s Guarantor’s Signatory 1 Signatory 2 Identity number Identity number Witness 1 Witness 2 Guarantor’s seal or stamp



C1.4 ADJUDICATOR’S AGREEMENT



128



C1.4 Adjudicator’s Agreement This agreement is made on the day of between: (name of company / organisation)

of (address) and (name of company / organisation)

of (address) and (the Parties) and (name of Adjudicator)

of (address) and (the Adjudicator) Disputes or differences may arise/have arisen* between the Parties under a Contract dated and known as and these disputes or differences shall be/have been* referred to adjudication in accordance with the JBCC 2000 Adjudication Rules, (hereinafter called "the Procedure") and the Adjudicator may be or has been requested to act. * Delete as necessary

IT IS NOW AGREED as follows: 1 The rights and obligations of the Adjudicator and the Parties shall be as set out in the JBCC

2000 Adjudication Rules. 2 The Adjudicator hereby accepts the appointment and agrees to conduct the adjudication in

accordance with the JBCC 2000 Adjudication Rules. 3 The Parties bind themselves jointly and severally to pay the Adjudicator's fees and expenses

as set out in the Contract Data. 4 The Parties and the Adjudicator shall at all times maintain the confidentiality of the adjudication

and shall endeavour to ensure that anyone acting on their behalf or through them will do likewise, save with the consent of the other Parties which consent shall not be unreasonably refused.

5 The Adjudicator shall inform the Parties if he intends to destroy the documents which have been sent to him in relation to the adjudication and he shall retain documents for a further period at the request of either Party.



129

SIGNED by: SIGNED by: SIGNED by:

Name: Name: Name:

ID: ID: ID:

who warrants that he / she is

duly authorised to sign for and

on behalf of the first Party in the

presence of

who warrants that he / she is

duly authorised to sign for and

behalf of the second Party in

the presence of

the Adjudicator in the

presence of

Witness Witness: Witness:

Name: Name Name:

Address: Address: Address:

Date: Date: Date:

Contract Data

1

The Adjudicator shall be paid at the hourly rate of R. . . . . . . . . . . . in respect of all time spent upon, or in connection with, the adjudication including time spent traveling.

2

The Adjudicator shall be reimbursed in respect of all disbursements properly made including, but not restricted to: (a) Printing, reproduction and purchase of documents, drawings, maps, records and

photographs. (b) Telegrams, telex, faxes, and telephone calls. (c) Postage and similar delivery charges. (d) Travelling, hotel expenses and other similar disbursements. (e) Room charges. (f) Charges for legal or technical advice obtained in accordance with the Procedure.

3

The Adjudicator shall be paid an appointment fee of R . . . . . . . . . . . . . This fee shall become payable in equal amounts by each Party within 14 days of the appointment of the Adjudicator, subject to an Invoice being provided. This fee will be deducted from the final statement of any sums which shall become payable under item 1 and/or item 2 of the Contract Data. If the final statement is less than the appointment fee the balance shall be refunded to the Parties.

4

The Adjudicator is/is not* currently registered for VAT.

5

Where the Adjudicator is registered for VAT it shall be charged additionally in accordance with the rates current at the date of invoice.

6

All payments, other than the appointment fee (item 3) shall become due days after receipt of invoice, thereafter interest shall be payable at 5% per annum above the Reserve Bank base rate for every day the amount remains outstanding.

* Delete as necessary



PART C2 PRICING DATA

C2.1 PRICING INSTRUCTIONS



131



C2.1 Pricing Instructions

1 The Bills of Quantities have been drawn up in accordance with the Standard System of

Measuring Building Work (as amended) published and issued by the Association of South African Quantity Surveyors (Sixth Edition (Revised)), 1999. Where applicable the:

a) Civil engineering work has been drawn up in accordance with the provisions of the latest

edition of SABS 1200 Standardized Specifications for Civil Engineering Works. b) Mechanical work has been drawn up in accordance with the provisions of the Model Bills of

Quantities for Refrigeration, Air-Conditioning and Ventilation Installations, published by the South African Association of Quantity Surveyors, July 1990).

c) Electrical work has been drawn up in accordance with the provisions of the Model Bills of Quantities for Electrical Work, published by the South African Association of Quantity Surveyors, (July, 2005).

2 The Agreement is based on the JBCC Series 2000 Principal Building Agreement,

prepared by the Joint Building Contracts Committee, Edition 6.1, March 2014. The additions, deletions and alterations to the JBCC Principal Building Agreement as well as the contract specific variables are as stated in the Contract Data. Only the headings and clause numbers for which allowance must be made in the Bills of Quantities are recited.

3 Preliminaries are based on the various parts of the ASAQS Preliminaries (November 2007

edition) as prepared by the Association of South African Quantity Surveyors for use with the said JBCC Principal Building Agreement. The additions, deletions and alterations to the various parts of the Preliminaries as well as the contract specific variables are as stated in the Contract Data. Only the headings and clause numbers for which allowance must be made in the Bills of Quantities are recited.

4 It will be assumed that prices included in the Bills of Quantities are based on Acts, Ordinances,

Regulations, By-laws, International Standards and National Standards that were published 28 days before the closing date for tenders. (Refer to www.stanza.org.za or www.iso.org for information on standards).

5 The prices and rates in these Bills of Quantities are fully inclusive prices for the work described

under the items. Such prices and rates 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. These prices will be used as a basis for assessment of payment for additional work that may have to be carried out.

6 The drawings listed in the Scope of Works used for the setting up of these Bills of Quantities

are as provided in the accompanying compact disc(s) 7 REFERENCE TO ANY PARTICULAR PRODUCT Reference to any particular trademark, name, patent, design, type, specific origin or producer

is purely to establish a standard for requirements. Products or articles of an equivalent standard may be substituted.

8 FIXED PRICE The rates contained in the Bills of Quantities will apply irrespective of the final quantities of the

different classes and kinds of work actually executed. Rates for work of similar description occurring in different sections of the Bills of Quantities shall

be identical.

http://www.stanza.org.za/

http://www.iso.org/



132

Bidders are to take note that the contract price adjustments are not applicable to this contract. Bidders should therefore make provision in the Contract Sum, schedule of rates, etc. for possible price increases during the contract period, as no claims in this regard shall be considered/entertained.

10 An item against which no price is entered will be considered to be covered by the other prices

or rates in the Bills of Quantities. A single lump sum will apply should a number of items be grouped together for pricing purposes.

11 Where any item is not relevant to this specific contract, such item is marked N/A (signifying “not

applicable”) 12 The Contract Data and the standard form of contract referenced therein must be studied for

the full extent and meaning of each and every clause set out in Section 1 (Preliminary and General) of the Bills of Quantities

13 The Bills of Quantities is not intended for the ordering of materials. Any ordering of materials,

based on the Bills of Quantities, is at the Contractor’s risk. 14 The amount of the Preliminary Section to be included in each monthly payment certificate shall

be assessed as an amount prorated to the value of the work duly executed in the same ratio as the preliminaries bears to the total of prices excluding any contingency sum, the amount for the Preliminary Section and any amount in respect of contract price adjustment provided for in the contract.

Provisional sums are provided for some items in the Schedule of Quantities. Work done under these items will be at the written direction of the Employer. The Employer reserves the right, during the execution of the works, to adjust the stated amounts upwards or downwards according to the work actually done under the item, or the item may be omitted altogether, without affecting the validity of the Contract.

The Tenderer shall not under any circumstances whatsoever delete or amend any of the sums

inserted in the “Amount” column of the Bill of Quantities and in the Summary of the Bill of Quantities unless ordered or authorized in writing by the Employer before closure of tenders. Any authorized changes made by the Tenderer to provisional items in the schedule, or to the provisional percentages and sums in the Summary of the Bill of Quantities, will be treated as arithmetical errors.

15 Where the initial contract period is extended, the monthly charge shall be calculated on the

basis as set out in 14 but taking into account the revised period for completing the works. 16 The amount or items of the Preliminary Section shall be adjusted to take account of the

theoretical financial effect which changes in time or value (or both) have on this section. Such adjustments shall be based on adjustments in the following categories as recorded in the Bills of Quantities:

a) an amount which is not to be varied, namely Fixed (F) b) an amount which is to be varied in proportion to the contract value, namely Value Related

(V); and c) an amount which is to be varied in proportion to the contract period as compared to the

initial construction period excluding revisions to the construction period for which no adjustment to the contractor is not entitled to in terms of the contract, namely Time Related (T).

17 Where no provision is made in the Bills of Quantities to indicate which of the three categories

in 12 apply or where no selection is made, the adjustments shall be based on the following breakdown:

a) 10 percent is Fixed; b) 75 percent if Value Related c) 15 percent is Time Related.



133

18 The adjustment of the Preliminary Section shall apply notwithstanding the actual employment

of resources in the execution of the works. The contract value used for the adjustment of the Preliminary Section shall exclude any contingency sum, the amount for the Preliminary Section and any amount in respect of contract price adjustment provided for in the contract. Adjustments in respect of any staged or sectional completion shall be prorated to the value of each section.

19 The tenderer is to acquaint himself as to the specific requirements of this tender as contained

in the additional clauses to the JBCC Principal Agreement as incorporated in the Contract Data. These clauses may be priced under the relevant Preliminaries items in SECTION C: SPECIFIC PRELIMINARIES of the Preliminaries Bill. No claim will be entertained due to the failure of the tenderer to allow for these requirements.



134

C2.2 BILLS OF QUANTITIES



135




C2.2 BILLS OF QUANTITIES – REFER TO VOLUMES II



136

Part C3 SCOPE OF WORKS



137



C3 SCOPE OF WORK

1 DESCRIPTION OF THE WORKS 1.1 Employer’s objectives

The employer’s objective is to provide for the: BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL

1.2 Overview of the works

The project comprises the re-routing of existing sewer line outside of kitchen wall in Baviaanspoort Correctional Centre. The scope of work entails the following; 1.2.1 General:

Meeting the contractual obligations.

Establishment of the Site. 1.2.2 Kitchen:

Covering of the equipments in the kitchen (during Contractors execution of works).

Sewing of concrete for the under floors sewer pipe routes.

Installation of 110mm diameter uPVC sewer pipes with couplings, fittings, etc.

Installation of Grit inlets – Grease trap – Spec. GTS 200H HDG

Installation of Grit inlets – Grease trap – Spec. GTS 280 VH DGR

Excavation of under floors sewer pipe routes to a maximum depth of 250mm.

Bedding and blanket for the under floors sewer pipes.

Concrete works for the sewer pipe routes reinstatement.

Tiling of the sewer pipe routes.

Plumbing work to reconnect all the existing basins and sinks currently disconnected.

Linking of the existing basins to the new 110mm diameter uPVC sewer pipes. 1.2.3 Outside Civil Works

Clearing and grubbing

Excavation for disconnection and removal of the old sewer pipeline.

Disposal of the old sewer pipeline material (manholes rings, pipeworks and lids).

Excavation for the new 110mm diameter sewer pipeline.

Laying of bedding blanket and fill for the sewer pipeline.

Installation of 110mm diameter uPVC sewer pipeline.

Installation of 12 x prefabricated concrete manholes with depths varying from 400mm up to 700mm.

Concrete works for the manholes and the Grease trap chamber.

Brickwork for the Grease Trap chamber.

Installation of the Grease Trap –Spec ROGT 1700 three (3) compartment by ROFO Engineering or similar spec meeting the SABS standards and approved by the engineer.

Reinstatement of the pipeline route.

Removal, packing for re-use the paving bricks in the coal yard.

Reinstatement of the paved area by re-using the removed paving bricks.

Careful removal of the existing 2m high palisade fence including safe storage for re-use.

Installation of the removed palisade fence using stored fence material.

Reconnection of the kitchen ablution facility.



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1.2.4 Cells Ablutions

Breaking down of concrete floors for under-floors pipework.

Drilling of walls for sewer pipes outlets.

Plumbing works for sewer pipes linking the showers, basins and toilet pens.

Installation of new basins

Installation of new toilet pens, Cisterns and urinals.

Concrete works for floors reinstatement

Linking of the new installed waste pipes to the outside sewer line. 1.2.5 Court Yard Stormwater

Hydraulic cleaning of the stormwater pipes.

Cleaning of the stormwater path. The use of the kitchen is very essential to the prison as the prison cannot be run without nutrition. Care has been taken in this regard to avoid any possible effect such as:-

Contamination of foods due to project workings from dust, etc.

Safety of the construction labour team and that of the offenders during operations of the works due to construction tools and areas of works.

Disturbance or disruptions to kitchen programme due to accidental breakdowns of services, water, electricity, etc.

Contact between offenders and the construction employees pose a risk to the prison management.

The above challenges led to us Conducting an analysis to work the kitchen in shifts, thus work between the time schedules when the kitchen user’s shifts are off (i.e.14H00 to 02:00AM) and make good before the cooking shifts resume. LIST ALL DRAWINGS AS PER THE AMENDED CLAUSE CONTRACT DRAWINGS IN CONTRACT TENDER 1.3 Extent of the works

The works include the BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL as well as related services as will be indicated on the drawings and in accordance with the specifications provided to the contractor.

1.4 Location of the works

The designated site is located at the Department of Correctional Services, Baviaanspoort Correctional Facility, the Baviaanspoort Correctional Centre, R513, Tshwane, 0186

1.5 Temporary works There are no temporary works involved on this project

2 DRAWINGS The drawings used for setting up the Bills of Quantities as provided in the accompanying compact disc(s).



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3 PROCUREMENT 3.1 Preferential procurement procedures

The works shall be executed in accordance with the conditions attached to preferences granted in accordance with the preferencing schedule.

3.1.1 Requirements for the sourcing and engagement of labour.

The rate of pay for all employment aspects i.e., skilled, semi-skilled and unskilled is to comply with the applicable government gazetted standards.

The Contractor shall endeavor to ensure that the expenditure on the employment of temporary workers is in the following proportions:

a) 50 % women;

b) 25% youth who are between the ages of 18 and 25; and

c) 2% on persons with disabilities.

3.1.2 Specific provisions pertaining to SANS 1914-5

3.1.2.1 Definitions

Targeted labour: Unemployed persons who are employed as local labour on the project.

3.1.2.2 Contract Participation Goal

The Contract Participation Goal applicable to the Contract may be 20%.

The wages and allowances used to calculate the contract participation goal shall, with respect to both time-rated and task rated workers, comprise all wages paid and any training allowance paid.

4. MANAGEMENT 4.1 Recording of weather

The Contractor shall erect an effective rainfall gauge on the site and record the daily rainfall figures in a book. Such book shall be handed to the employer’s representative for his signature no later than 12 days after rain that is considered to justify an extension of time occurred.

4.2 Unauthorised persons The Contractor shall keep unauthorized persons from the works at all times. Under no circumstances may any person except guards be allowed to sleep on the building site.



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4.3 Management meetings The Employer’s Representative and the Contractor shall hold meetings relating to the progress of the works at regular intervals and at other such times as may be necessary. The Contractor shall attend all site meetings and shall ensure that all persons under his jurisdiction are notified timeously of all site meetings should the Employer’s Representative require their attendance at such meetings. The Contractor shall keep on site a set of minutes of all site meetings, daily records of resources (people and equipment employed), a site instruction book, a complete set of contract working drawings and a copy of the procurement document and make these available at all reasonable times to all persons concerned with the contract.

4.4 Forms for contract administration The Contractor shall be required to submit an updated contractor monthly report as per IDT template during site meetings, which will be used by the consultant to update the Employer.

4.5 Payment certificates

The Contractor to ensure that the VAT invoice required with each certificate is delivered timeously. The Contractor to ensure timeous submission of all required documentation for the expedient processing of payment certificates, as required by the Employer, e.g. BAS entity forms, company registration details, VAT clearance certificates, contractor’s monthly reports, etc. The Contractor is responsible for such documentation submission. Contractor’s monthly reports to be submitted to the Principal Agent on each payment certificate.

4.6 ANNEXURE

4.6.1 Standard Occupational Health and Safety Specification (ANNEXURE A) 4.6.2 Drawings (ANNEXURE B)



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Part C4 SITE INFORMATION



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C4 Site Information

Site is located at Baviaanspoort Correctional Centre. The prison is located in the east of Tshwane and is accessed through the provincial road R513. The kitchen is located within the Baviaanspoort Correctional Centre. The GPS coordinates are 25°40'22.47"S and 28°21'44.04"E



ANNEXURE



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ADDENDUM A

ANNEXURE A

Occupational Health and Safety Regulations



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Health & Safety Specifications

for Baviaanspoort Correctional Centre: kitchen upgrade: re-routing of existing sewer line outside of kitchen wall

Project

(By H&S consultant)

COPYRIGHT All rights reserved. No part or section of this document may be changed, used, reproduced or distributed in any form or by any means, electronic, mechanical, photocopying or recording or otherwise, or stored in a data base or retrieval system, without the prior written permission of IDT



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1 Purpose of the Occupational Health and Safety (OHS) Specifications The health and safety specifications have been established to prevent as far as it is reasonably possible the reduction of incidents and injuries. It is also intended to form a basis of principal contractors and contractor’s construction phase health and safety plans.

The specifications will set out specific requirements related to the intended activities relevant to: BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL. Principal contractors and sub-contractors are expected to align their risk control strategies and approach to managing risks on this project with This Health and Safety Specifications.

A copy of these specifications shall be filed in the Principal Contractors’ health and safety file. It remains important to apply these specifications together with the OHS Act 85 of 1993 and applicable regulations as well as incorporated health and safety standards -South African National Standards (SANS).

2 Work methodology

2.1 Roads and storm water

2.1.1 Clearing and grubbing This activity will include removal and grubbing material likely to be obstructive to identified construction of sewer and stormwater. These materials include grass, weeds, shrubs that may need to be stripped for an area of 0.6m wide. The material and debris must be transported from the site be dumped. Health and safety considerations: Risk assessments, safe working procedures and method

statement, manual handling, Signage, Excavations, general machinery-saws, waste, water conservation

2.1.2 Earthworks (Pipe Trenches) Excavations for water pipes up to 125mm in diameter will be dug up to trenches up to 2m in depth. Intermediate excavations will be achieved with hand excavation and backfilling will be completed with 5% cement/ soilcrete in cases directed by the Engineer. Hard rock excavations with machinery will be completed and potential blasting where machinery excavations proof unattainable. Unsuitable material will be excavated, exposed from bottom of trench Health and safety considerations: Risk assessments, safe working procedures and method

statement, Construction Mobile plant safety, manual handling, PPE, Signage, Excavations signage,

barricading, shoring, and bracing, hand tools, lifting techniques, waste, blasting methodologies and

competence requirements

2.1.3 Sewer Pipes The principal contractor is required to lay, bed and test 110mm diameter UPVC sewer pipes. The pipes will be supplied with 45- and 90-degrees bends, plain junctions, inspection junctions, plain caps, double and Kimberly sockets, rodding eye, 15MPa/19mm concrete anchor thrust blocks with rough formwork. The principal contractor shall supply deliver and install precast manholes at following dimensions (1000mm x250mm and 560 diameter medium duty concrete). Brickwork, reinforcement, concrete shall be completed to construct grease trap chambers. Containers for used cooking oil. Toilet pans and cisterns and fittings will be installed with fittings as well as hand wash basins which are wall hung



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Health and safety considerations: Risk assessments, safe working procedures and method

statement, Construction Mobile plant safety, manual handling, PPE, Signage, Excavations signage,

barricading, shoring, and bracing, hand tools, lifting techniques, waste, oil waste safe disposal

2.1.4 Bedding of Pipes Selected granular and fill materials shall be used to provide bedding water pipes in trench excavations. The bedding materials shall be from necessary excavations and or commercial sources. Pipe encasing shall be in class 20/19 concrete Health and safety considerations: Risk assessments, safe working procedures and method

statement, Construction Mobile plant safety, manual handling, PPE,

2.1.5 Ordinary buildings Concrete works shall consist of sawing of reinforced concrete of 350mm wide x 200mm deep in sewer drain strip. Unreinforced concrete shall be of 25Mpa/19mm. There will be breaking down of concrete floor for new sewer pipework to complete with reinforced concrete floors. Reinforcement shall be mesh of Ref 245 laid in surface beds. Walls will be broken down to drill sewer holes of about 110mm diameter pipes. Health and safety considerations: Risk assessments, safe working procedures and method

statement, hand, eyes, hearing safety PPE, Signage, Noise notices, barricading, hand tools,

jackhammers; waste

2.1.6 Stormwater drainage There will be cleaning of hydraulic structures such as pipes of internal diameters of 750mm.

Health and safety considerations: Risk assessments, safe working procedures and method

statement, manual handling, PPE, Signage, Excavations signage, barricading, hand tools, water

conservation, waste

4. HEALTH AND SAFETY ADMINISTRATIVE REQUIREMENTS

4.1 Notification of Intention to Commence Construction Work

All contractors would be expected to notify the Provincial Director of the Department of Labour in writing prior to commencement of construction work. A copy of the notification of construction work must be held in the Contractor’s health and safety file on site. Contractors not included in the initial Notification letter must report their construction work as employers in their own right. In a case where the Client is required to apply for a Construction permit as determined by the value, class of contractor and prescribed duration of the project, a notification of construction work will cease to be a requirement.

4.2 Assignment, Competence of the Principal Contractor’s/Contractor’s

All appointed Principal Contractors appointed on this project must ensure that all supervisory appointments as stipulated in the Construction Regulations 2014 and OHS Act 85 of 1993, are made which should include but not limited to the following:

Construction Manager and assistants CR 8(1) & (2)

Construction Supervisor and assistants CR 8 (7) & (8)



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Construction Health and Safety Manager/Construction Health and Safety Officer

Risk Assessor

Incident investigator

Excavation Supervisor

Health and Safety Representative/Committee Member

First Aiders

Fire and Emergency Controller

Hand/Electrical Tools

Stacking and Storage Supervisor

Hazardous chemical substances inspector.

Security

Construction Mobile Plant drivers

Traffic safety officer

All contractors must ensure that the competence of the above responsibilities is verified and satisfies extensive competence required on similar projects. All appointments shall be in line with the definition of ‘Competence’ as contained in the Construction Regulations. The proof of competence will be attached to the said appointment letters.

4.3 Compensation for Occupational Injuries and Diseases Act 61 of 1997 (COIDA)

The Principal Contractor on intended projects must have in their possession a letter of good standing as proof of registration and shall be kept in the health and safety file. All injuries must be reported on WCL2 and Occupational Diseases including COVID-19 be reported on WCL1 Employer’s report on an incident

4.4 Occupational Health and Safety Policy and other

The Principal Contractor must submit copies of the Health and Safety Policy signed by their Chief Executive Officers. We will ensure that the policies outline the objectives to ensure the establishment and implementation of sound health and safety management systems on site. Other policies may include Smoking, emergency management (COVID-19 potential infections included) etc.

4.5 Health and Safety Organ gram

The Principal Contractor must prepare an organ gram outlining site health and safety management structure including appointments and competent persons. The organ gram would be used to indicate intended positions where appointments are not made and shall be updated on an ongoing basis.

4.6 Preliminary Hazard Identification and Risk Assessment

The Principal Contractor must cause a hazard identification to be performed by a competent person before commencement of construction work. The following shall be included in the risk assessment:

A list of hazards identified as well as potentially hazardous tasks.

A documented risk assessment based on the list of hazards and tasks.

A set of safe work procedures (work methods) to eliminate, reduce and/or control the risks assessed; and

A monitoring and review procedure of the risk assessments as the risks change. Over and above the above requirements the Principal Contractor must ensure that all contractors inform, instruct and train their workers regarding any hazards, risks and related safe work procedures before



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any work commences and thereafter at regular intervals as the risks change and as new risks develop. COVID-19 potential risks areas must be included. This training should be carried out in the form of toolbox health and safety talks. Contractors must conduct their own toolbox talks and submit proof of these talks to the principal contractor at least weekly. Acceptable social distancing must be kept at least 1m-2m. A principal contractor must ensure that all persons likely to be affected by hazards and risks arising from his activities are trained and informed and proof of such information sessions is kept in the safety file. Contractors will also conduct their own risk assessment specific to their operations and submit to principal contractor who will be required to report on the status of these matters to the Client Safety Agent.

4.7 Health and Safety Representative(s)

A principal contractor shall appoint health and safety representatives in consultation with the employees and ensure they are trained to carry out such responsibilities. All appointments shall be in writing and expected to carry out regular inspections, keep records and report all findings at a health and safety meeting. Employers will appoint health and safety representatives as soon as 20 employees are employed on site. A principal contractor shall ensure that health and safety representatives represent Labour/employees and are not part of management.

4.8 Health and Safety Committees

A principal contractor shall establish a project health and safety meeting on a monthly basis and keep records of such meetings. Meetings will be chaired and organized by the Principal Contractor’s Responsible person (Section 16(2)) or CR 8(1). The principal contractor shall ensure that all contractors have representation at project health and safety meetings in the form of construction work supervisors and health and safety representatives. Contractors will also have their own health and safety committees and forward such minutes to the principal contractor on a monthly basis (as soon as employer has 50 employees on site an internal health and safety meetings are mandatory) or form part of the principal contractor’s health and safety committee. Adequate social distancing must be observed as well as sanitizing of table and chairs as well as equipment likely to be shared.

4.9 Health and Safety Training

4.9.1 Induction A principal contractor shall cause every employee to undergo site-specific –Induction training session before commencement of the project. Such details and proof of attendance shall be kept in the safety file. The principal contractor shall ensure that a suitable venue is available to conduct such training. All sessions must consider well ventilated areas and preferably be conducted outside. 4.9.2 Awareness A principal contractor must conduct health and safety toolbox talks on a weekly basis. Toolbox talks shall have topics relevant to hazards, risks and safe working procedures on site and proof of such awareness attendance training shall be kept in the safety file. All contractors will ensure that copies of attendance of awareness sessions are submitted to the principal contractor for safe keeping. Awareness must include display of posters, signage of PPE and information to:

Meeting rooms-handwash and sanitizing before entering the room

Eating areas-social distancing, utensils, etc.

Welfare facilities-Handwashing and sanitizing, soap, and water with paper towel disposal

Entrances: PPE-masks, sanitizing, screening,



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4.9.3 Competence A principal contractor shall ensure that all employees have the knowledge, experience, training, and qualifications specific to the work they have been appointed to supervise, control, and carry out.

4.10 General Record Keeping

A principal contractor shall keep and maintain all health and safety records aimed at complying with the This Health and Safety specifications, the Occupational Health and Safety Act 85of 1993(and all applicable Regulations) and the Construction Regulations 2014. These records shall include but not limited to:

Incidents/accidents.

Emergency procedure training.

Inspections.

Audits etc. All the above records shall be kept and maintained by contractors’ including the approved health and safety plan. These records must be consolidated and submitted by the principal contractor at the end of the project.

4.11 Health and Safety Audits, Monitoring and Reporting

A health and safety audit of the work operations including a full audit of physical site activities and administration of health and safety shall be conducted by the appointed OHS Agent and he/she shall ensure that a principal contractor also undertakes to conduct similar audits at least once a month for all contractor’s appointed on site.

4.12 Emergency Procedures

A principal contractor shall prepare a detailed emergency procedure prior to commencement of construction work. The procedure will detail responses plan including the following key elements such as:

List of key personnel.

Details of emergency personnel.

Actions or steps to be taken in the event of the specific types of emergencies; and

Information on any hazardous materials/situations

Emergency procedures shall include but not limited to:

Fire.

Chemicals spills.

Injury to employees.

Damage to material/equipment /plant.

Use of hazardous substances.

Bomb threats.

Major incidents/accidents etc.

Possible COVID-19 Infections Principal contractor shall advise the client in writing forthwith of any emergencies together with a record of action. A contact list of all service providers (Fire Department, Ambulance, Police, medical and Hospital) must be maintained and available to site personnel. Emergencies will consider site locations, exit points and emergency services accessibility. All media and client liaison shall be directed to Client media liaison officer.



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4.13. First Aid Boxes, First Aid Equipment and Medical Examinations

A principal contractor and contractors must appoint First Aiders in writing. The appointed persons will be a certificated and permanent member of the on-site team. Copies of valid certificates will be kept on site. Principal contractors will provide an on-site First Aid Station with first aid facilities, including at least1 first aid box adequately stocked at all times. All contractors with more than 5 employees shall supply their own first aid box. Contractors more than 10 employees shall have their own trained, certified first aider on site at all times. All employees of the Principal contractor and Contractors shall undergo medical examinations prior to commencement of construction work. Records of such medical fitness certificates shall be kept as part of employee’s personal files and available on site throughout the duration of the project. N95 masks as well as surgical gloves shall be provided in case of potential COVID-19 emergency responses.

4.14. Minimum Contents for First Aid Boxes.

Wound Cleaner/Antiseptic (100ml) - (reduce quantity in half in case of offices).

Swabs for cleaning wounds

Cotton wool for padding (100g)

Sterile gauge (minimum quantity of10)

1 pair of forceps (for splinters)

1 pair of scissors (minimum 100mm size)

1 set of safety pins

triangular bandages - reduce quantity in half in case of offices

Roller bandages (75mm X 5m) – (reduce quantity in half in case of offices)

4 Roller bandages (100mm X 5m) - (reduce quantity in half in case of offices)

1 Roll of elastic adhesive (25mm x 3m)

1 Non-allergenic adhesive (25mm x 3m)

1 Packet of adhesive strips (minimum quantity, 10 assorted sizes)

4 First aid dressings (75mm x 100mm) - (reduce quantity in half in case of offices)

4 First aid dressings (150mm x 200mm) (reduce quantity in half in case of offices)

2 Straight splints

N95 masks

2 Pairs large and 2 pair’s medium disposable latex gloves (reduce quantity in half in case of offices)

4.15. Incident/Injury Reporting and Investigation

Injuries are to be categorized into:

First aid,

Medical,

Disabling; and

Fatal. When reporting injuries to the Client, principal contractors and contractor shall adhere to the above categories. Investigate injuries and incidents involving employees within seven days of the incident in the form of Annexure 1(General Administrative Regulations) and forward a copy of the investigation report to the Clients Agent forthwith.

4.16. Hazards and Potentially Hazardous Situations

All appointed contractors shall immediately notify the principal contractor of any hazardous or potentially hazardous situations that may arise during the performance of construction activities prior to commencement of appointed responsibilities.



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4.17. Personal Protective Equipment (PPE) and Clothing

The principal contractor must after assess the potential risks attached to his workplace and after satisfying himself that no engineering controls are available to mitigate the risks ensure all site workers are issued with appropriate PPE for the risk they may be exposed to. The principal contractor and contractors will make provision and keep adequate quantities SABS approved PPE on site at all times according to the risk assessments. All principal contractors will be required to clearly outline procedures to be followed when PPE is lost or stolen and when it is worn out or damaged. Facial masks of fabric or disposal type will be included and worn on site as part of PPE.

4.18. Occupational Health and Safety (OHS) Signage

The principal contractors provide adequate on-site OHS Signage including but not limited to:

No unauthorized entry.

Report to site office

Site office.

Beware of overhead work.

Hard hat area.

Facial masks

Sanitizer and handwashing stations All signage must be posted up at all entrances to site as well as on site in strategic locations. access routes, and other potential risk areas/operations. Health and safety signage will be maintained including weekly inspections, cleaning, replacement, and repair.

4.19. Contractors and Sub-Contractors

The principal contractors and contractors are appointed in writing and letters of such appointments kept in a file. Principal Contractors will be in a position to ensure that all contractors appointed comply with the requirements of the Occupational Health and Safety Act 85 of 1993; the Construction Regulations 2014 and the requirements as contained in This Health and Safety Specifications. The principal contractors shall ensure that contractors are only appointed after approval of the health and safety plans. Principal contractors shall audit their contractors on both administrative and physical inspections of the health and safety system. The Client Safety Agent may stop the principal contractor from continuing with work if the health and safety of any person may be at risk. The principal contractor will also be expected to stop any work where he has reason to believe that the health and safety of any person may be at risk. Health and safety plans of all principal contractors and contractors will be implemented and maintained throughout the duration of the project through regular audits. Where changes are brought through designs the health and safety specifications as well as the health and safety plan shall be modified to suit the changes. The principal contractor will be expected to appoint contractors who are in good standing with the Compensation Commissioner. All principal contractors must:

Ensure contractors submitting tenders have adequately provided for health and safety costs.

Negotiate with the contractor the contents of the health and safety plan and shall finally approve that plan for implementation.

Hand over a consolidated health and safety file to the client upon completion of the construction work and this shall include a record of all drawings, designs, materials used and other similar information concerning completed structures; and



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Appoint a contractor when he has satisfied himself that he has the adequate competence and resources to perform the construction work safely.

4.20. Public and Site Visitor Health and Safety

The principal contractor shall cause every person to be made aware of dangers/hazards likely to arise from site activities including precautionary measures to be taken to avoid or minimize those risks associated with dangers/hazards. The principal contractor shall ensure that due to the location of the site, the principal contractor must ensure that hoarding is instated around the perimeter of the site to prevent job seekers and specifically children from walking on to the site. The principal contractor shall ensure that access to the site is controlled at all times and access points are kept close while not in use. The principal contractor will be expected to implement a weekly inspection register which monitor the effectiveness of the hoarding as well as the safety signage so as to ensure it remains intact. The principal contractor shall ensure that all site visitors are briefed by the principal contractor to reveal possible hazards/risks a register to proof attendance of such information sessions must be kept safely. Where construction work takes place adjacent to or over public walkways, roadways and other public must be diverted or protected by means of a pavement gantry with a sufficiently strong overhead structure. The overhead gantry shall be constructed with scaffold boards or 45mm timber boards. Fence and signs shall be used where pedestrians will be diverted and flagmen where cars are diverted. Non-essential visitors /public and contractors must be limited on site. This construction site will be at night and in a public area and therefore the safety of the public must be considered. Construction vehicle movement or too much glare from lighting equipment and plan for vehicular movement. Provide sufficient reflective signage to warn the public and put barriers at a safe distance to keep the public away

4.21. Night Work (before and after hours)

Night work is defined by ILO (International Labour Organization as 7-hour period including midnight and 5am, 11pm to 6am. Anyone works at least 3 hours of their day during this night period is classified a night worker. A permit to work at night must be acquired by the principal contractor. the following should be considered for an effective Safety Management Plan for Nighttime:

a) Site personnel responsibility The safety management plan should state individual responsibility of all workers from Project Manager, Engineers, Safety Officer and Site Supervisors as well as workers to ensure that all understand their priority towards safety and health issues.

b) Permission to work at night The principal contractor must obtain permission to work at night through the IDT, Baviaanspoort Correctional Services to a local authority (police station, hospitals, clinics) prior to undertaking night work so emergency preparations could be made. Neighboring prison residents must also be informed of the proposed night work.

c) Inventory preparation for safety equipment’s An inventory of safety equipment must be carried out to ensure that they are sufficiently available, appropriate and in good order. Equipment to be provided for night work should include:

Retro-reflective signage,



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Reflective barriers.

Retro-reflective tapes; and

Lighting equipment

d) Housekeeping Accidents are highly likely to occur due to poor housekeeping. Risk of injury increase at night that during the day because of inherent poor illumination. It remains essential to keep the workplace clean and tidy to ensure safety and prevent accidents

e) Lighting The principal contractor shall ensure that where work has to be carried out at night adequate lighting is provided by the principal contractor. Adequate consideration should be given to the method statements and risk assessments for the intended tasks for the proposed night work. Emergency procedures must be communicated and tested for use in case of emergencies.

f) Night Risk Nighttime construction introduces numerous risks to a construction project. These may be:

Driver and worker fatigue

Reduced visibility.

Reduced sleep.

Social, psychological, and domestic issues.

Appetite

Reduced workspace for machinery

Equipment movement.

High speed of traffic; and long hours

g) Noise Noise can seriously harm human health and interfere with safety at work. Noise has a high probity of causing ear pain and hearing impairment and fatigue, annoyance, interference with social behavior (aggressiveness, protest and helplessness), interface with speech communication, sleep disturbance and all its consequences on a long and short term basis as well as cardiovascular effects .

4.22. Welfare Facilities

The principal contractor shall supply the following:

Sufficient toilets (1 toilet15 employees of each gender).

Changing facilities with lockable personal lockers that must be disinfected regularly.

Hand washing facilities with soap and paper towel,

Toilet paper.

Strategically placed waste bins (Including those for paper towels that are regarded as hazardous waste) emptied regularly.

Safe and clean storage areas to store personal belongings and PPE.

Sheltered eating areas-Regularly disinfected and kept neat and tidy.

4.24. Alcohol and other drugs

The principal contractor shall ensure that no alcohol and other drugs are allowed on site. No person may be under the influence of alcohol or any other drugs while on the construction site. Any person on prescription drugs must inform his/her superior, who shall in turn report this to the principal contractor forthwith.



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Any person suffering from any illness/condition that may have a negative effect on his /her safety performance must report this to his/her superior, who shall in turn report this to the Principal contractor forthwith. Any person suspected of being under the influence of alcohol or other drugs must be sent home immediately, to report back the next day for a preliminary inquiry. The contractor concerned must follow a full disciplinary procedure and a copy of the disciplinary action must be forwarded to the principal contractor for his records. To prevent COVID-19 Infections, single use units must be used of the equipment must be sanitized regularly after each use.

4.25. Contents of the Health and safety File

The following guideline should be used in compiling a health and safety file. The principal contractor must ensure that he covers all areas of compliance as required by the OHS Act 85 of 1993 and applicable Regulations.

PRELIMINARIES

OHS Plan (insert a health and safety plan in line with the health and safety specifications. Follow the numbering in the specification in your compilation)

Risk Assessment (A baseline risk assessment is provided. An activity-based risk assessment is required)

Letter of Good Standing (please attach a valid dated copy)

Notification of Construction work-OPTIONAL (attach a completed notification with a department of Labour stamp)

OHS ACT REQUIREMENTS

Occupational Health and Safety Policy (please attach a copy signed by the CEO)

16(1&2) appointment (a representative appointed by the CEO and given the authority to appoint other roles and responsibilities)

Health and Safety Representatives, Appointment and Checklist (please include all)

Health and safety committee appointments (include appointment letters)

Training of relevant supervisory roles (make reference to CV’s and attached certificates)

Induction of employees and contractors on the Risk assessment (provided a framework for complying with this requirement)

Health and safety meeting procedure (please insert as part of the plan or under safe working procedures)

Health and safety minutes (please insert a framework used during meetings)

Incident management procedure, appointment (please insert as part of the plan or under safe working procedures)

Contractors agreements-sec 37(2)- (insert blank form used)

Toolbox talks- (insert manual with topics to be used in line with the activities anticipated in the project)

FACILITIES REGULATIONS

Provision of sanitary facilities (outline in the ohms plan)

Appointed person to inspect and checklist (insert under registers or checklists)

Facilities for safekeeping (outline in the ohms plan)

Appointed person to inspect and inspection checklist (insert under registers or checklists)

Other facilities for eating, changing etc. (outline in the ohs plan)

Include measures to prevent potential COVID-19 Infections and protection of employees

GENERAL ADMINISTRATIVE REGULATIONS

Copy of the Act (outline this aspect in the ohs plan and a full and updated copy with regulations to be verified on site)

Access conditions (outline in the ohs plan)

WCL2 forms &WCL1 (COVID-19 Related reporting)- (please insert in the file)

Annexure 1 incident recording and reporting (please insert in the file)



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CONSTRUCTION REGULATIONS

Copy of The Client OHS Specification (please insert in the file)

Copy of the Baseline Risk Assessment. (please insert in the file as provided by the Clients Agent)

List of Subcontractor (please insert in the file)

Appointment of A Construction Manager (attach copy of the appointment letter)

Appointment of Construction Manager Assistant (attach copy of the appointment letter)

Subcontractors Appointments (attach copy of the appointment letter)

Subcontractor Induction (include commitment in the file)

Subcontractors OHS Files (include commitment in the file)

Appointment of A Safety Officer (include a completed appointment letter)

Formwork and Support, Appointment and Checklist

Excavation appointment and checklist (please include all)

Construction Vehicles and Mobile Plant, medical fitness and operator’s competence, Appointment and Checklist (please include all)

Use of Temporary Flammable Liquids, Appointment and Checklist (please include all)

Housekeeping, Appointment and Checklist (please include all)

PPE, Appointment and Checklist (please include all)

Stacking and Storage, Appointment and Checklist (please include all)

Fire Precautions and Emergency, Appointment and Checklist (please include all)

Emergency Contact Details (include checklist with details in the file)

Construction employees’ facilities, Appointment and Checklist (please include all)

Explosive powered tool appointment and checklist, (outline in the OHS Plan provide appointment and checklist)

Medical fitness certificate for all employees to be employed on the project. (provide proof or any arrangement with specific details)-Include COVID-19 regular screening.

Letter of Good Standing with the Compensation Commissioner(valid)

GENERAL SAFETY REGULATIONS

PPE Assessment (make reference to the Risk Assessment)-Include COVID-19 Specific PPE

PPE Provision, PPE Induction, PPE Enforcement Checklist (please outline in the OHS Plan and include checklist) Include COVID-19 social distancing and ventilated area requirement

First Aid Kit, Appointment, Qualification, (outline in the OHS Plan, completed appointment, CV, Certificate to be provided)

Procedure for First Aid, (outline in the OHS Plan) include COVID-19 interventions and relevant PPE.

Welding, appointment, and checklist, (outline in the OHS Plan provide appointment and checklist)

Ladders Inspection Appointment, Checklist, (outline in the OHS Plan provide appointment and checklist)

OTHER REGULATIONS

Any other applicable Regulations, (outline in the OHS Plan provide appointment and checklist)

4.26. Procurement of materials for construction work

The Principal Contractor shall ensure that all materials procured for use on site are reasonably safe and without risk to health and safety of employees on site when properly used and that they comply with the prescribed requirements. The Principal Contractor shall also undertake to ensure that necessary information is made available:

With regard to the use of the substance at work and provided by the seller of the material.

With regard to the risks to health and safety associated with such substance.

With regard to the conditions necessary to ensure that the substance will be safe and without risk to health and safety when properly used; and

The procedures to be followed in the case of an accident involving such substances.

4.27 Cost of health and safety measures



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The principal contractor submitting a tender for BAVIAANSPOORT CORRECTIONAL CENTRE: KITCHEN UPGRADE: RE-ROUTING OF EXISTING SEWER LINE OUTSIDE OF KITCHEN WALL shall ensure that adequate provision for the costs of health and safety measures. These are costs to adequately comply with This Health and Safety Specifications, OHS Act 85 of 1993, Construction Regulations 2014 and incorporated health and safety standards (SANS-South African National Standard). The principal contractor may use the following guideline category to quantify the anticipated costs on this project:

Administration and Management costs (Include COVID-19 specific)

Training and Development costs (Include COVID-19 specific)

Personal Protective Equipment costs (Include COVID-19 specific)

OHS Awareness /Promotion/ Signage costs (Include COVID-19 specific)

Medical examinations (Include COVID-19 specific)

4.28. Risk assessment

The principal contractor has a duty to ensure and provide a work environment that is as far as is reasonably practicable safe and without risk to the health of his employees. This is normally achieved through identification of potential risk associated with the activities on site. Every contractor performing construction work shall, before the commencement of any construction work or work associated with the construction work, and during construction work, ensure that a risk assessment is undertaken by a competent person, appointed in writing, and the risk assessment shall form part of the health and safety plan to be applied on site. The risk assessment shall include at least the following:

The identification of the risks and hazards to which persons may be exposed to.

Analysis and evaluation of the risks and hazards identified.

A documented plan of safe working procedures to mitigate, reduce or control the risks and hazards that have been identified; and

A monitoring and review plan. The risk assessment will be based on a methodology that should identify and analyze the risk on the basis of:

Probability- the likelihood that such risk can occur

Severity- this should take into consideration the potential injuries likely to be incurred, the impact on costs and production as well as the detriment effect of any risk on the environment

Frequency- given the probability is the risk present permanently, occasionally, or insignificant?

The risks should be given a value which should be given an indication of the priority to be given to the particular risk. To mitigate the identified risk:

Rules and procedures may be developed,

Training emphasized

Additional/alternative equipment recommended

Changes in process or methods to accommodate safer methods There should be ongoing risk assessment that should be undertaken by any person appointed and competent to conduct a risk assessment. The plan with the completed risk mitigation shall be handed over to the client together with the health and safety file at the termination of the contract. The principal contractor is to review the hazards identified, the risk assessments and the Safe Working Procedure at each production planning and progress meeting as the contract work develops and progresses and each time changes are made to the designs, plans and construction methods and/or processes.



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The principal contractor must provide the client, other contractors and all other concerned or affected parties with copies of any changes, alterations, or amendments to risk assessments and SWP’s within 14 days of such changes. A principal contractor shall ensure that a copy of the risk assessment is available on site for inspection by an inspector, client, client’s agent, contractor, employee, representative trade union, health and safety representatives or any member of the health and safety committee. Every principal contractor shall consult with the health and safety committee or, if no committee does exist, with a representative group of employees, on the development, monitoring and review of the risk assessment. The principal contractor shall ensure that all employees are informed, instructed, and trained by a competent person regarding any hazards and the related work procedures before any work commences and thereafter at such interval determined in the risk assessment. A principal contractor shall ensure that no employee or any person shall be allowed to enter the site unless such employee or person has undergone safety induction training pertaining to the hazards prevalent on the site at the time of entry, such induction shall include visitors. Employees on site shall have in their possession proof of the health and safety induction training issued by a competent person prior to commencement of the construction work which shall be carried by employees for the duration of the construction site.

5. OPERATIONAL CONSIDERATIONS

5.1 Excavations A contractor shall ensure that all excavation work is undertaken under supervision of a competent person appointed in writing. The competent person shall establish and evaluate the stability of the ground before excavation commences. Reasonable steps must be taken to ensure that no person is buried or trapped by a fall or dislodgements of material in an excavation. No person shall be allowed to work in an excavation deeper than 1,5m with a risk of collapse, with vertical walls without first shoring it; where an excavation is shored or braced it should be inspected daily prior to commencement of work, after every blasting operation, after an unexpected fall of ground, after damage to supports and after rain. No load, material plant or equipment must be placed or moved near the edge of an excavation or where it may cause it to collapse and consequently endanger the safety of any person. The stability of adjoining building, structure or road must be ascertained to avoid collapse and endangering of safety of persons. Excavations must be provided with safe means of access which may not be further than 6m from any point where any worker is working within the excavation. The location and nature of services such as electricity, water, gas, or other similar services which may be affected by the excavations must be identified. Excavation accessible to the public, adjacent to public roads or thoroughfares, must be protected by barrier or fence of a least one meter in height as well as with illuminants when visibility is poor and any other suitable and sufficient precautionary measure; and Where excavation involves use of explosives a competent person must be appointed to supervise such activity

5.2 Use of flammable liquids No person is required or permitted to work in a place where there is the danger of fire or an explosion due to flammable vapors being present unless adequate precautions are taken. Flammables stored on a construction site are stored in a well-ventilated, reasonably fire-resistant container, cage or room that



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is kept locked with access control measures in place. Sufficient firefighting equipment is installed, and fire prevention methods practiced. Proper housekeeping may achieve this. Only one day’s quantity of flammable is to be kept in the workplace. Containers (including empty containers) to be kept closed to prevent fumes/vapors from escaping and accumulating in low lying areas. Metal containers to be bonded to earth whilst decanting to prevent build-up of static forces.

5.3 Portable Electric Tools Portable electrical tools and equipment includes every unit that takes electrical power from a 15-ampere plug point and is moved around for use in the workplace for example, drills, saws, grindstones, portable lights, etcetera. Portable electrical lights remain essential of durable powered quality to provide lighting adequate to intended tasks. The use, inspection and maintenance of portable electrical tools and equipment shall be as follows:

Regular inspections must be carried out by a competent person appointed in writing.

Inspection results must be recorded in a register.

Only competent authorized persons are allowed to use portable electrical tools and equipment; and

The correct protective equipment must be worn or used whilst operating portable electrical tools and equipment.

This equipment –

Must be maintained in good condition at all times to prevent an electrical shock to the user.

The main power source should incorporate an earth leakage protection device or receive power through a double wound transformer or be double insulated and clearly marked as such; and

All equipment must be fitted with a switch to allow for safe and easy starting and stopping.

5.4 Stacking and storage The handling of bricks, sand and cement requires consideration of stacking of such materials to be used on site to allow safe workplace and spaces. In relation to the said materials the following shall be observed:

The stacking activity must be supervised by a competent person appointed with the specific knowledge and experience of this type of work to undertake the task.

Care should be taken to ensure that the base is level and can sustain the weight exerted on it by the stacks.

Tiers in the stack are made up of articles of the same size, shape, and mass.

Articles can be removed only from the topmost tiers to the bottom tiers.

No person shall be allowed to climb onto a stack unless by means of a ladder or any safe means and only if the stack is stable; and

Stacks in danger of collapsing shall be dismantled so that they do not pose dangers to machinery or persons moving past them. Flood lighting with minimal glare must be provided for all stacked materials and reflective barricades provided for visibility at night

5.5 Lifting equipment Lifting equipment must be designed and constructed in accordance with the manufactures/designers specifications as well as generally accepted technical standards and operated, used, inspected and maintained in accordance with the manufactures requirements as well as that of the Driven Machinery Regulation 8 of the OHS ACT 85/93: The Driven Machinery Regulation requires that:



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Lifting equipment is clearly and conspicuously marked with the maximum mass load (MML) that it is designed to carry safely. When the MML varies with the conditions of use, the table of maximum loads should be used by the driver/operator.

Each winch on a lifting machine must at all-time have, at least, three full turns of rope on the drum when the winch has been run to its lowest limit.

Lifting equipment be fitted with a brake or other applicable device capable of holding the MML. This brake or device must automatically prevent the downward movement of the load when the lifting power is interrupted.

Lifting equipment fitted with a load limiting device that automatically arrest the lift when the load reaches its highest safe position or when the mass of the load is greater than the MML.

Every chain or rope on a lifting machine that forms an integral part of the machine must have a factor of safety as prescribed by the manufacturer of the machine and where no standard is available the factor of safety must be:

Chains – 4 (four)

Steel wire ropes - 5 (five)

fibre ropes- 10 (ten)

Every hook or load attaching device must be designed such or fitted with a device that will prevent the load from slipping off or disconnecting.

Every lifting machine must be inspected, and load tested by a competent person every time it has been dismantled and re-erected and every 12 months after that. The load test must be in accordance with the manufacturers prescription or to 110% of the MML in addition all ropes, chains, hooks or other attaching devices, sheaves, brakes and safety devices forming an integral part of a lifting machine must be inspected every 6 months by a competent person;

All maintenance, repairs, alterations, and inspection results must be recorded in a logbook and each lifting machine must have its own logbook; and

No person may be lifted by a lifting machine not designed for lifting persons unless in a cradle approved by an inspector of the Department of Labour.

5.6 Lifting tackle The following requirements will apply to lifting tackle:

Manufactured of sound material, well-constructed and free from patent defects.

Clearly and conspicuously marked with and identity number.

Maximum mass load factor of safety:

Natural fibre ropes - 10(ten)

Man-made fibre ropes and woven webbing - 06(six)

Steel wire ropes – single rope - 06(six)

Steel wire ropes – combination slings - 08(eight)

Mild Steel chains - 05(five)

High tensile/alloy steel chains - 04(four)

Steel wire ropes must be discarded (not used any further for lifting purposes) when wear and corrosion is evident and must be examined by a competent person every three months for this purpose and the results recorded in a designated logbook.

5.7 Machine operators The following requirements will apply to machine operators:

Only certified and/or competent employees may be allowed to operate any machinery.

Every lifting machine operator must be trained specifically for the type of lifting machine that he or she is operating.

Operators of Jib cranes with a maximum mass load of 500 kg or more must be in possession of a certificate of training issued by an accredited (by the Department of Labour) training provider.

5.8 Construction vehicles and mobile plant



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An audit for construction vehicles and mobile plant will conducted and inspected by the Client prior to being allowed on a project site and suppliers of hired vehicles, plant and equipment will be required to comply with this specification as well as the OHS ACT and Regulations. Construction vehicles and mobile plant must be:

Road worthy and valid registration documents

Of acceptable design and construction.

Maintained in good working order.

Used in accordance with their design and intention for which they were designed.

Operated and/or driven by trained, competent and authorized operators/drivers.

Provided with safe and suitable means of access.

Fitted with adequate signaling devices to make movement safe including reversing.

Excavations and other openings must be provided with sufficient barriers to prevent construction vehicles and mobile plant from falling into same.

Provided with roll-over protection.

Inspected daily before start-up by the driver, operator and/or user and the findings recorded in a register/logbook.

Fitted with two head and two taillights that is in good working condition whilst operating under poor visibility conditions: and

Used for transporting persons must have seats firmly secured and sufficient for the number of persons being transported. Limited persons in bakkies (max 2 persons with face masks, sedans max 3 with social distancing)

Operators and drivers of construction vehicles and mobile plant must be in possession of a valid medical fitness certificate declaring the operator and/or driver physically and psychologically fit to operate or drive construction vehicles and mobile plant.

No loose tools, material etc. is allowed in the driver and/or operators compartment/cabin nor in the compartment in which any other persons are transported.

No person may ride on construction vehicles and mobile plant except for in a safe place designed and provided for this purpose.

The construction site must be organized to facilitate the movement of construction vehicles and mobile plant in such a manner that pedestrians and other vehicles are not obstructed.

Construction vehicles and mobile plant left unattended after hours adjacent to roads and areas where there is traffic movement must be fitted with lights, reflectors or barricades to prevent moving traffic from a sudden emergency, or to come into contact with the parked construction vehicles and mobile plant.

In addition construction vehicles and mobile plant left unattended after hours must be parked with all buckets, booms etc. full lowered, the emergency brakes engaged and, where necessary, the wheels chocked, the transmission in neutral and the motor switched off and the ignition key removed and stored safely.

All construction vehicles and mobile plant daily inspection records must be kept in the occupational health and safety file.

5.9 Housekeeping The principal contractor must ensure that:

Housekeeping is continuously implemented and maintained.

Materials and equipment are safely stored.

Scrap, waste, and debris is removed regularly.

Materials placed for use are placed safely and not allowed to accumulate or cause obstruction to the free flow of pedestrians and vehicular traffic.

Where practicable, construction sites are fenced off to prevent entry of unauthorized persons.

Every workplace is kept clean, orderly, and free of tools and the likes that are not required for the work being done.

As far as is practicable, every floor, walkway, stair, passage, and gangway are kept in good state of repair, skid-free and free of obstruction, waste, and materials.



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5.10 Use ladders Use of ladders may also play a role in conjunction with the use of scaffolds. In case of use of ladders, the following should be considered:

All ladders must be constructed of sound material and must be suitable for the purpose for which they are used.

Ladders must be fitted with a non-skid device at the bottom ends and hooks or similar devices at the upper ends of the stiles and so lashed, held or secured whilst being used as to ensure the stability of the ladder under all conditions and at all times;

In cases where rungs are fasted to stiles by means of nails, screws, spikes or rungs have not being properly led to stiles or welded ladders or ladders whose rungs are bolted or riveted to the stiles or ladders with damaged stiles or damaged and missing rungs: Such Ladders may not be permitted for use on site;

A ladder requiring leaning against an object for support may not be used if it is longer than 9m and no two ladders will be used to provide an extension of length to a ladder,

No wooden ladders shall be permitted on site; and

Care will be taken to ensure that when work is performed from a ladder, articles are prevented from falling off by providing suitable sheaths and receptacles in which hand-tools shall be kept when not used.

5.11 Hazardous Chemical Substances (HCS) The principal contractor and contractors must provide the necessary training and information as far as the use, transport, and storage of HCS. He will ensure all hazardous chemicals on site have Material Safety Data Sheets (MSDS) and the users are made aware of the hazards and precautions that need to be taken when using the chemicals. A risk assessment containing the following shall be made available from the Principal contractor:

The HCS that employees may be exposed to.

The effects that the HCS can have on the employee.

Where the HCS may be present and in what physical form.

The route of intake; and

The nature of the work and process involved.

First aiders must be made aware of the MSDS and how to treat HCS incidents accordingly. Flammable substances must be stored in a separate area, away from other materials.

6. General Application COVID-19 Precautions to Construction sites

The Occupational Health and Safety Act 85 of 1993, places an obligation on employers to ensure workplaces that are free from risk to health and safety of employees. These specifications aim to address risk of infections to employees, visitors and suppliers entering and exiting sites during operations in the era of the pandemic. The emphasis of this specification will be more on:

Resumption of operations.

Premises access control.

Food handling processes.

Employees required to travel.

Suppliers, customers, and subcontractors

Workplace hygiene.

Awareness and training programs

Site office environments

6.1 Resumption of Operations:



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Recording of temperatures for all persons entering site by an appointed person (First

aider/safety officer/other). Temperature readings shall be below 37 degrees, in case they

are above a second reading shall be taken and if it is still above report to Safety Officer for

further intervention.

Queues accessing site shall take into consideration social distancing space of at least 1m-

2m of standing apart from each other.

A hand sanitizing station or hand washing station shall be made available at the site

entrance.

Each person entering site shall complete COVID-19 declaration and assessment form after

attending a COVID-19 induction session.

All employees will be provided with face masks and required PPE before entering site

6.2 Premises access control

The intoxication monitoring equipment used should be of disposable mouthpieces of be

sanitized after each use.

Access points to site must be monitored for social distancing. where necessary access

points must be increased to avoid congestion.

Non-essential visitors must not be allowed access to site

Biometric systems must be disable as they require skin contact (fingerprints, palms etc.)

6.3 Food handling processes:

Lunch and tea breaks must be at different times and employees must 2m to allow social

distancing.

Kitchen facilities must be kept clean and sanitized.

Employees must be allowed to bring pre-prepared food from home and refillable bottles

for water to avoid using same utensils in the kitchen.

All eating areas must be thoroughly cleaned at the end of each break and shift including

chairs, door handles, vending machines etc.

6.4 Employees required to travel:

Employees using public transport must adhere to the rules determined by the Minister

of Transport and must wear face masks.

Where employees need to travel ,2 people should be allowed in a bakkie and 3 people

in a sedan. Where employees exceed 1 in a vehicle, they shall wear masks.

Hand sanitizer must be provided for each company vehicle.

Communication plans such as Skype, Zoom, Telephone conferences, WhatsApp

video calls etc., to avoid business travel requirements.

Delivery trucks shall be sanitized, and driver declare any symptoms of COVID-19 to

management and must be subjected to infrared temperature device each time they

enter the premises.

All employees exposed to person who have travelled internationally must self-isolate

for 14 days.

6.5 Suppliers, customers, and sub-contractors

Decisions on what level of interaction is required to limit access to premises for work

purposes.

Site access control measures shall apply to all suppliers delivering material and

performing emergency maintenance work on site

Subcontractors that are on site on a full time will be required to comply with all

protocols as those that are applicable to employees.



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Emergency response plans on site must be communicated to all clients, suppliers,

and service providers.

Face to face meetings should be where possible be replaced by Skype, Zoom,

Telephone conferences, WhatsApp video calls etc. Where this is not possible, site

access control measures must apply.

6.6 Workplace hygiene

Offices, workplace stations, change rooms, ablution facilities and rest rooms must be

disinfected at least twice a day.

Hand disinfecting stations must be provided at every entrance into building

Workplace stations must be disinfected with soap and water after every tea and lunch

breaks

Employees will be required to place their personal belongings in personal lockers

provided in facilities allocated.

6.7 Awareness and Training programs

All inductions and Toolbox sessions must be limited to not more than 15 persons at a

time who must stand 2m apart from each other during the session.

The awareness and training sessions must be conducted in a well-ventilated area

(preferably outside).

Hand sanitizer must be available, and all employees must wear face masks

Where table and chairs are used for such a session, they must be sanitized before and

after the session.

6.8 Office environment meetings

Office meetings must be kept to a maximum of 4 people with people sitting 2m apart

from each other.

Hand sanitizer must be available during the meeting

Office tables and chairs will be disinfected after every meeting

6.9 Worker Hygiene The Principal Contractor must ensure and train workers about good hygiene standards. Workers must wash their hands with soap and water for at least 20 seconds. Hand washing should be done before and after eating and after going to the toilet. Other hygiene measures should include:

Covering coughs and sneezes with an elbow or a tissue

Immediately disposing of tissues properly

Using alcohol-based hand sanitizers.

Cleaning and disinfecting surfaces

Staying more than 1 metre away from others, and

Reporting and staying home if experiencing any symptoms. In addition, to prevent the spread of COVID-19, workers should also:

Avoid touching their face

Avoid handshakes, hugs, or any other close physical contact

Refrain from spitting always, and

Put cigarette butts in the bin and do not share a cigarette.



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ANNEXURE B

ANNEXURE B: DRAWINGS

INDEPENDENT DEVELOPMENT TRUST · E- mail: [email protected] F.2.1 F.2.1.1 Eligibility Only...

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