KING SABATA DALINDYEBO MUNICIPALITY - … Professional... · SCM: 017/2017/18 bidders will have to...

KING SABATA DALINDYEBO MUNICIPALITY

Tender No. 026/2017/18

FRAMEWORK CONTRACT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES RELATING TO VARIOUS GRAVEL ACCESS ROADS PROJECTS ON AN INSTRUCTED BASIS FOR A PERIOD OF 3YEARS WITHIN THE KING SABATA DALINDYEBO MUNICIPAL AREA

Issued by:

King Sabata Dalindyebo Municipality

P O Box 45 Mthatha 5099

Contact; Technical Enquiries

Name: Mr U Mnqokoyi Email : [email protected] SCM Enquiries

Name: Mrs N Platyi Email: [email protected]

September 2017 Tenderer:…………………………………………………………………………..

MBD 1

mailto:[email protected]


http://www.google.co.za/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwivl5L5qIHWAhUD6xoKHfxkDV8QjRwIBw&url=http://www.epwp.gov.za/documents.html&psig=AFQjCNG2OjLmWv5_5XR1jJuvQMivfuE6gw&ust=1504263655503552

INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR THE APPOINTMENT OF EIGHT (8) PROFESSIONAL CIVIL ENGINEERING SERVICES FOR UNPAVED GRAVEL ROADS WITHIN KSDLM FOR A PERIOD OF THREE (03) YEARS.

DESCRIPTION: - The successful bidder will be required to fill in and sign a written Contract Form (MBD 7). - Bid documents must be deposited in the bid box situated at office No. 144,1st Floor Munitata Building, CNR Owen and

Sutherland Street Mthatha . - 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 generally open 8 hours a day, 5 days a week. - All bids must be submitted on the official forms – (not to be re-typed)

- This bid is subject to the General Conditions of Contract (GCC) and, if applicable, any other Special Conditions Of Contract (SCC)

THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)

Name Of Bidder

Postal Address

Street Address

Telephone Number Code: Number:

Cellphone Number

Facsimile Number Code: Number:

Vat Registration Number

Has an original tax clearance certificate been submitted (MBD 2)? YES / NO

Are you the accredited representative in south Africa for the good/Services offered by you

YES / NO (IF YES ENCLOSE PROOF)

SIGNATURE OF BIDDER

DATE

CAPACITY UNDER WHICH THIS BID IS SIGNED

TOTAL BID PRICE

BID NUMBER:

SCM 026/2017/18 CLOSING

DATE: 15.11.2017

CLOSING TIME:

12:00

BID NOTICE

King Sabata Dalindyebo Local Municipality hereby calls upon accredited service providers for the following tenders:

Project Name Bid Number Closing Date Briefing Session/Site Inspection Preferential

point System

Enquiries

Appointment of Eight (8)

Professional Civil

Engineering Services for

Unpaved Gravel Roads

within KSDLM for a period

of three years.

SCM:

026/2017/18

Date:15/11/2017

Time: 12H00

Compulsory briefing session will

be held at Freedom Square,

Munitata Building on Monday the

16th October 2017 at 10H30

80/20 Technical Enquiries

may be directed to

Mr Mnqokoyi of

PMU at 047-501

4064

Appointment of a Service

Provider for Financing and

Provision of fleet for a period

of five (5) years for Assets.

SCM:

029/2017/18

Date:15/11/2017

Time: 12H00






may be directed to

Ms A Vikilahle of

Assets at 047-501

4426


Provider to Develop a

Municipal Spatial

Development Framework

SCM:

036/2017/18

Date:15/11/2017

Time: 12H00






may be directed to

Mr Mike Merry of

Human Settlements

at 047-501 4142

Appointment of Two (2)

Service Providers for the

Repairs and Maintenance of

Municipal Vehicles for a

period of (2) Two years.

SCM:

017/2017/18

Date:15/11/2017

Time: 12H00






may be directed to

Mrs A. Vikilahle of

Assets at 047-501

4426


Provider for Construction of

North Crest Cemetery

Fencing with a CIDB

Grading of 3 SQ or Higher

SCM:

32/2017/18

Date:15/11/2017

Time: 12H00

Compulsory briefing session and

site inspection will be held at

Freedom Square, Munitata

Building on Tuesday the 17th

October 2017 at 10H30


may be directed to

Mr Mnqokoyi of

PMU at 047-501

4064



N2 Matheko Access Road

with a CIDB Grading of 5

CE or Higher

SCM:

031/2017/18

Date:15/11/2017

Time: 12H00





October 2017 at 10H30


may be directed to

Mr Mnqokoyi of

PMU at 047-501

4064



Fairfield Ward 10 Internal

Streets with a CIDB

Grading of 5 CE or Higher

SCM:

030/2017/18

Date:15/11/2017

Time: 12H00





October 2017 at 10H30.


may be directed to

Mr Mnqokoyi of

PMU at 047-501

4064

Bidders must take note of the following bid conditions: Place of Tender box: 1st Floor, Munitata Building, Next to Room 147.All bids must be sealed and clearly marked with SCM

Number and Project Name. Tender documents will be obtainable from e-Tender as from 16/10/2017.

Bidders must take note of the following bid conditions:-

Failure to submit comprehensive JV agreement (where applicable), individual partners are to comply and submit all

relevant documents. Failure to do so will result in a tender deemed non-responsive.

Failure to completely fill in the tender forms e.g. Form of Offer, MBD 4 and MBD 8 will result in a tender deemed non-

responsive

An approved formal surety/guarantee will be required where applicable.

Failure to submit and complete or supplementary information will result in the tender being null, void and non-responsive.

All bidders from KSD jurisdiction must submit municipal statement showing that they do not owe municipality, non KSD

bidders must attach proof from their respective municipalities

The KSD Municipality does not bind itself to accept the lowest or any bid and reserves the right to accept the whole or part

of the bid or to withdraw the bid.

Certification of documents must be within a period of three months and must have a certification date, failure to do so will

result tender deemed non responsive.

All alterations in prices/quotes must be signed for and failure to sign will result in tender deemed non-responsive

Use of tipex is prohibited and the bidder will be deemed non responsive

The bidder to submit Audited financial statements for the past three years for any offer amounting or exceeding 10million.

Bidders must sign MBD 5 for any offer amounting or exceeding 10 million and all MBD forms must be completely signed

Bidders must further note that:

Bidders must be registered to CIDB and have a valid CIDB Contractor Grading designation of the above-mentioned CIDB

Grading if needed.

The Council reserves the right to disqualify any service provider whose members and or shareholders owe the municipal

rates & taxes

Misrepresentation of address of the business with the aim of earning points may lead to disqualification

Non-disclosure by service providers who are in the employ of the state may lead to disqualification

Bids submitted will hold good for a period of 90 days and if your company has not heard within this period take that your

company was unsuccessful.

Failure to be registered on Central Supplier Database registration will result in a tender deemed non responsive.

Bids which are late, incomplete, unsigned or submitted by fax mail or electronically, will not be accepted.

BBBEE must be SANNAS Approved or sworn affidavit must be from DTI failure to do so tenderers will lose point.

Preferential Procurement Policy Framework ACT 2017 (PPPFA) Points will be evaluated based on the following

criteria

Stage 1 Pre –qualification evaluation

Stage 2 Price and BBB EE Points

Bidders will have to score a minimum points of as follows.

SCM. NO’S

POINTS ALLOCATION

SCM: 026/2017/18 bidders will have to score a minimum of 60 Points out of 100 points

SCM: 029/2017/18 bidders will have to score a minimum of 70 point out of 100 points

SCM:036/2017/18 bidders will have to score a minimum of 60 points out of 100 points




SCM:030 0/2017/18 bidders will have to score a minimum of 70 Points out of 100 points

In order to qualify to be assessed for price. Failure to meet the minimum specified targeted procurement goals

mentioned above will result in a tender being considered non-responsive.

The tender will be adjudicated on the basis of the new Preferential Procurement Policy Framework Act, and the regulations

pertaining thereto, as well as the KING SABATA DALINDYEBO MUNICIPALITY’s Supply Chain Management policy 80/20

preference and 90/10 point system will be used as per the KSDLM SCM policy.

________________________________

DATE________________________

L Maka

Acting Municipal Manager

Tender T1.2 Part T1: Tendering procedures Tender Data

Contents

Number Heading

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 Part 1 – Data by the Employer Part 2 – Data by the Consultant

Part C2: Pricing Data

C2.1 Pricing Assumptions

C2.2 Staff rates

C2.3 Adjustment factor

C2.4 Pricing Schedule (to be priced for all price categories i.e R4million, R6.5million and R13million)

MBD 2 Tax Clearance Certificate requirements

MBD 4 Declaration of Interest

MBD 6.1 Preference Points Claim Form in terms of the Preferential Procurement Regulation 2001

MBD 7.2 Contract Form-rendering of Services

MBD 8 Declaration of Bidder’s past Supply Chain Management Practices

MBD 9 Certificate of Independent bid determination

Part C3: Scope of work

C3 Scope of Work

Annexure 1: Proforma Task Order Annexure 2: Framework for the determination of professional fees for consulting services Annexure 3: Procurement and Delivery Management System for Infrastructure Projects Annexure 4: Standard scope of professional services associated with the delivery of a package Annexure 5: Construction procurement strategy for King Sabata Dalindyebo Municipality for the

2017/2018 and later financial years


T1.2 Tender Data

The conditions of tender are the latest edition of the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement as published in the Government Gazette (see www.cidb.org.za). 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.

Clause number

Tender Data

F.1.1 The Employer is the King Sabata Dalindyebo Municipality

F.1.2 The Tender Documents issued by the Employer comprise the documents listed on the contents page.

F.1.4 The employer’s agent is :

Mr U Mnqokoyi Tel No. 047 501 4064/7 Mail; [email protected]

F.2.1 Tenders will only be considered for acceptance if (i.e. will only be regarded as responsive if):

1. The tendering Service Provider in framework agreement for professional services is made up of: Professional practices each providing civil engineering professional services (roads) as mentioned hereof and which each is owned and controlled by ECSA registered professionals of the specified profession, by at least a percentage determined by the relevant Council in its Code of Professional Conduct in terms of number, shareholding and voting power who are registered in terms of the applicable;

Engineering Profession Act, 2000 (Act no 46 of 2000)

whichever one is applicable, and who will hereafter be referred to as registered principals of the practices and/or a multidisciplinary professional practice or practices, that also provide some of the professional services in civil engineering profession, of which each professional division/section in the practice or practices is under the fulltime supervision of a registered professional in that specific profession and which each is owned and controlled by registered professionals of that specific profession, by at least a percentage determined by the relevant Council in its Code of Professional Conduct in terms of number, shareholding and voting power, registered in terms of the

Engineering Profession Act, 2000 (Act no 46 of 2000),

And who will hereafter be referred to as registered principals. Where applicable and or, in the event of any legal entity, as meant above, being a listed public Company on the stock exchange, the percentages related to ownership and control referred to are to be made relevant to persons duly appointed as Directors of such entity. Note: Only those tenderers who have been represented by one of their full time employees at the compulsory clarification meeting, who satisfy the following eligibility criteria and who provide the required evidence in their tender submissions are eligible to submit tenders and have their tenders evaluated:

2 The primary business of the tendering entity is to provide independent technology-based intellectual services to

clients. 3. The tenderer:

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



a) Is not an unincorporated joint venture; and b) Is registered in terms of the Companies Act, 2008 (Act 71 of 2008) or Close Corporation Act, 1984, (Act

No. 69 of 1984) or, if a partnership, has in place a partnership agreement that enables the partnership to continue to function in the event of a death or withdrawal of one of the partners;

4. The tenderer has as a full time employee a suitably qualified civil engineer who will either provide the service or

who will direct the services which are to be provided, and who is registered either as a Professional Engineer or a Professional Engineering Technologist in terms of the Engineering Profession Act.

5. The tenderer is able to provide suitable financial statements for the preceding financial year within 12 months of

the financial year end.

6. The tenderer has a turnover over during its preceding financial year which is not less than R 1,5 million. 7. The tenderer can provide at least three contactable client references for the provision of civil engineering services

relating to the design of access roads which generated a fee income of at least R0,2 m including VAT and which has been satisfactorily completed during the last five years.

8. The tendering entity has professional indemnity insurance cover issued by a reputable insurer in an amount of

not less than R 5,0 million in respect of a claim without limit to the number of claims.

Additional; A Tenderer will not be eligible to submit a tender if: The Tenderer cannot demonstrate that he/she possesses the necessary professional and technical qualifications and competent, financial resources, equipment and other physical facilities, managerial capability, personnel, experience and reputation to perform the contract; The Tenderer cannot provide proof that he/she is in good standing with respect to duties, taxes, levies and contributions required in terms of legislation applicable to the work in the contract. The Tenderer does not have the legal capacity to enter into the contract; The service provider submitting the tender is insolvent, in receivership, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of the foregoing; The tenderer shall adhere to spend thirty percent (30%) of its professional fee amount to capacitate the local emerging consultant.

F2.2 Pricing the tender offer;

Bidders are required to provide price for each pricing schedule in consideration that rate provided will still be valid for this contract for a three year period from the date of effectiveness. Bidders will be required to verify the rate provided, when work becomes available. After final verification and confirmation of the pricing schedule the following shall apply:

(a) Value Added Tax The Valued Added Tax (VAT) rate shall be 14% or as otherwise provided for by legislation. (b) The successful Tenderer shall be required to produce a VAT invoice that shall only be prepared once measurements and valuations for work done in terms of the contract offer have been agreed with the Employer and a certificate of fee payment issued. (c) Payment of VAT to non-Vat vendors shall be processed from the month in which the Tenderers liability with the South African Revenue Services is effective.

F.2.7 The arrangements for a compulsory clarification meeting are as stated in the Tender Notice and Invitation to Tender. A full time employee of the tenderer must sign the attendance list in the name of the tendering entity. Addenda will be issued to and tenders will be evaluated from only from those tendering entities appearing on the attendance list.

F.2.12 No alternative tender offers will be considered

F.2.13.3 Each tender offer communicated on paper shall be submitted as an original.


F.2.13.5 F.2.15.1

The employer’s details and address for delivery of tender offers and identification details that are to be shown on each tender offer package are: Location of tender box: King Sabata Dalindyebo Municipality

First floor next to the CFOs Office Finance Department Physical address: Corner Sutherland and Owen Street

Munitata building Mthatha 5099 Identification details: Tender no, Title of Tender and the closing date and time for tenders

The tender box is only open on weekdays between 08:00 and 16:00

F.2.13.9 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

F.2.15 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender.

F.2.16 The tender offer validity period is 90 days.

F.2.23 The tenderer is required to submit with his tender: 1) an original valid Tax Clearance Certificate/pin issued by the South African Revenue Services;

2) a copy of the tenderer’s professional indemnity insurance; and 3) a copy of Engineering Council of South Africa registration certificates for the Principal Consultant (key person(s))

F.3.1.1 The Employer will respond to requests for clarification received up to five working days before the tender closing time.

F.3.4 Tenders will be opened immediately after the closing time for tenders.

F.3.11.1 The financial offer will be reduced to a comparative offer using the Tender Assessment Schedule.

F.3.11.5 The procedure for the evaluation of responsive tenders is Method 4 The total number of tender evaluation points (TEV) shall be determined in accordance with the following formula.

TEV = 0,6 (NFO + NP) + 0,4 NQ

NFO is the number of tender evaluation points awarded for the financial offer made in accordance with F.3.11.7 where the score for financial offer is calculated using Formula 2 (option 1) and W1 equals 90. NP is the number of tender evaluation points awarded for preferences claimed in accordance with the Preferencing Schedule NQ is the number of tender evaluation points awarded for quality offered in accordance with F.3.11.9 where W2

= 100. 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.

F.3.13

F.3.17

Tender T2.1 Part T2: Returnable documents List of returnable documents

T.2.1 List of returnable documents

1 Documentation to demonstrate eligibility to have tenders evaluated (see F2.1) Practice declaration Note: Failure to complete this documents will result in the tender not being eligible to be evaluated

2 Returnable Schedules required for tender evaluation purposes The tenderer must complete the following returnable schedules as relevant:

Compulsory Enterprise Questionnaire

Attendance of compulsory clarification meeting

Record of Addenda to Tender Documents

Proposed amendments and qualifications

Preferencing Schedule: Broad Based Black Economic Empowerment Status, if preference claimed

Practice Declaration

Evaluation schedule 1: Principal Consultant (Key person)

Evaluation Schedule 2: Value added by Tenderer

Evaluation schedule 3: Approach paper

3 Other documents required for tender evaluation purposes The tenderer must provide the following returnable documents:

Verification certificate from a verification agency accredited by SANAS and recognized as an Accredited B-BBEE Verification Agencies (see www.sanas.co.za/directory/bbee_default.php) or a registered auditors approved by IRBA if preference points are claimed in respect of Broad-Based Black Economic Empowerment.

an original valid Tax Clearance Certificate issued by the South African Revenue Services.

a copy of the entity’s professional indemnity insurance certificate

a copy of Engineering Council of South Africa registration certificate for the Principal Consultant (key person)

suitable financial statements for the preceding financial year within 12 months of the financial year end which are in accordance with legislative requirements

proof of membership of Consulting Engineers South Africa, if applicable

a statement of municipal account which is not older than three months

4 Returnable Schedules that will be used for tender evaluation purposes and be incorporated into the contract

None

5 Other documents that will be incorporated into the contract

C1.1 Offer portion of Form of Offer and Acceptance

C1.2 Contract Data (Part 2)

C2.2 Staff rates C2.3 Adjustment factor

Failure to sign the form of offer and acceptance will render the tender “non-responsive”.

The Tenderer’s attention is drawn to Part 2 of the Contract Data which requires the Tenderer to tender staff rates. Failure to tender the staff rates will render the tender non-responsive. Failure to tender the staff rates in the prescribed manner may compromise the

competitiveness of the tenderer.

The Tenderer’s attention is drawn to the eligibility criteria which require the tenderer to provide the required evidence in their tender submissions in order to be eligible to have their tenders evaluated. Tenderers who fail to provide the required documentation will not

have their tenders evaluated.

http://www.sanas.co.za/directory/bbee_default.php

Tender T2.2 Part T2: Returnable documents Returnable documents

Compulsory Enterprise Questionnaire

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

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

Name of contract person for the purpose of this tender: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Email: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Postal address. . . . . . . . . . . . . . . . .. . . . . . . . . . . . .

Telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Physical address: . . . .. . . . . . . . . . . . . . . . . . . . . . .

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

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

Section 3: CIDB registration number, if any: not applicable

Section 4: Particulars of companies and close corporations

Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Section 5: Particulars of principals

principal: means a natural person who is a partner in a partnership, a sole proprietor, a director or voting members of a company established in terms of the Companies Act, 2008 (Act 71 of 2008) or a member of a close corporation registered in terms of the Close Corporation Act, 1984, (Act No. 69 of 1984), who jointly and severally with his other partners, co-directors or co-members, as the case may be, bears the risk of business and takes responsibility for the management and liabilities of the partnership, company, or close corporation

Full name of principal Identity number Personal income tax reference number

State employee number / Persal number

Attach separate page if necessary

Section 6: Record in the service of the state

Indicate by marking the relevant boxes with a cross, if any principal is currently or has been within the last 12 months in the service of any of the following:

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

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

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

an employee of Parliament or a provincial legislature


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

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

Status of service (tick appropriate column)

Current Within last 12 months

*insert separate page if necessary

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

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

a member of any municipal council

a member of any provincial legislature

a member of the National Assembly or the National Council of Province

a member of the board of directors of any municipal entity

an official of any municipality or municipal entity

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

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

an employee of Parliament or a provincial legislature

Name of spouse, child or parent

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

Status of service (tick appropriate column)

Current Within last 12 months

*insert separate page if necessary

Section 8: Record of termination of previous contracts with an organ of state

Was any contract between the tendering entity including any of its joint venture partners terminated during the past 5 years for reasons other than the employer no longer requiring such works or the employer failing to make payment in terms of the contract.

Yes No (Tick appropriate box)

If yes, provide particulars (interest separate page if necessary)


Section 9: Declaration

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the tendering entity confirms that: i) neither the name of the tendering entity or any of its principals appears on: a) the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt

Activities Act of 2004 b) National Treasury’s Database of Restricted Suppliers (see www.treasury.gov.za) ii) neither the tendering entity of any of its principals has within the last five years been convicted of fraud or

corruption by a court of law (including a court outside of the Republic of South Africa); iii) any principal who is presently employed by the state has the necessary permission to undertake remunerative

work outside such employment; iv) the tendering entity is not associated, linked or involved with any other tendering entities submitting tender

offers v) has not engaged in any prohibited restrictive horizontal practices including consultation, communication,

agreement, or arrangement with any competing or potential tendering entity regarding prices, geographical areas in which goods and services will be rendered, approaches to determining prices or pricing parameters, intentions to submit a tender or not, the content of the submission (specification, timing, conditions of contract etc) or intention to not win a tender;

vi) has no other relationship with any of the tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; and

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

Signed

Date

Name Position

Enterprise name

NOTE: 1 The CIDB Standard Conditions of Tender prohibits anticompetitive practices (clause F1.1.1) and requires that tenderers avoid conflicts of interest (clause F.1.1.2), only submit a tender offer if the tenderer or any of his principals is not under any restriction to do business with employer (F2.1.1) and submit only one tender either as a single tendering entity or as a member in a joint venture (clause F.13.1). Clause F.3.7 also empowers the Employer to disqualify any tenderer who engage in fraudulent and corrupt practice. Clause F1.1.1 also requires tenderers to comply with all legal obligations. NOTE: 2 Corrupt activities which give rise to an offence in terms of the Prevention and Combating of Corrupt Activities Act (Act No. 12 of 2004) include improperly influencing in any way the procurement of any contract, the fixing of the price, consideration or other moneys stipulated or otherwise provided for in any contract and the manipulating by any means of the award of a tender. NOTE: 3 The Competitions Act (Act 89 of 1998) prohibits restrictive horizontal practice including agreements between parties in a horizontal relationship which have the effect of substantially preventing or lessening competition, directly or indirectly fixing prices or dividing markets or constitute collusive tendering. It also prohibits restrictive vertical practices


Attendance of compulsory clarification meeting

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the tendering entity, confirms that the following full time employee attended the compulsory site clarification meeting and signed the attendance register:

Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Identity number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone no: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Job description: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed Date

Name Position

Tenderer


Record of Addenda to tender documents

We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

Signed Date

Name Position

Tenderer


Proposed amendments and qualifications

The Tenderer should record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such deviations and qualifications in a covering letter to his tender and reference such letter in this schedule. The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the employer’s handling of material deviations and qualifications.

Page Clause or item Proposal

Signed Date

Name Position

Tenderer


Preferencing schedule: Broad Based Black Economic Empowerment Status

Preamble

Section 10(b) of the Broad-Based Black Economic Empowerment Act, 2003 (Act 53 of 2003) states that “Every organ of state and public entity must take into account and. as far as is reasonably possible. apply any relevant code of good practice issued in terms of this Act in developing and implementing a preferential procurement policy:” A number of codes of good practice have been issued in terms of Section 9(1) of the B-BBEE Act of 2003 including a generic code of good practice (see Government Gazette No 29617 of 9 February 2007) and various sector codes including the Construction Sector Code (see Government Gazette No 32305 of 5 June 2009) which applies to entities which conducts construction related activities provided that the majority of that entity’s turnover is as a result of construction activities. The sector codes vary the metrics, weightings and targets used in the generic code of good practice to establish the overall performance of an entity and its B-BBBEE status. The thresholds relating to Micro Exempt and Small Qualifying Enterprises have been adjusted in the Construction and Tourism Sector Codes. The B-BBEE status needs to be assessed in accordance with the applicable code. 1 Conditions associated with the granting of preferences

Tenderers who claim a preference shall provide sufficient evidence of their B-BBEE Status in accordance with the requirements of section 2 in respect of the applicable code as at the closing time for submissions, failing which their claims for preferences will be rejected. 2 Sufficient evidence of qualification

2.1 Exempted micro enterprises

2.1.1 Sufficient evidence of qualification as an Exempted Micro-Enterprise or qualification as a Level 3 contributor

is an auditor’s certificate or similar certificate issued by an accounting officer in respect of the entity’s last financial year or a 12 month period which overlaps with its current financial year or a certificate issued by a verification agency and which is valid as at the closing date for submissions.

2.1.2 Sufficient evidence of qualification for a higher B-BBEE status in terms of the small qualifying scorecard

shall be as stated in 2.2. 2.2 Enterprises other than micro exempted enterprises

Sufficient evidence of B-BBEE Status is a certificate issued by a verification agency or registered auditors approved by Independent Regulatory Board for Auditors (IRBA) in terms of National Treasury’s Implementation Guide: preferential procurement policy framework act, 2000: preferential procurement regulations, 2017

3 Tender preferences claimed PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000: PREFERENTIAL PROCUREMENT

REGULATIONS, 2017 Tenders to be evaluated on functionality

(1) An organ of state must state in the tender documents if the tender will be evaluated on functionality. (2) The evaluation criteria for measuring functionality must be objective. (3) The tender documents must specify

(a) the evaluation criteria for measuring functionality; (b) the points for each criteria and, if any, each sub-criterion; and c) the minimum qualifying score for functionality.

(4) The minimum qualifying score for functionality for a tender to be considered further; (a) must be determined separately for each tender; and (b) may not be so

(i) low that it may jeopardise the quality of the required goods or services; or (ii) high that it is unreasonably restrictive.

(5) Points scored for functionality must be rounded off to the nearest two decimal places. (6) A tender that fails to obtain the minimum qualifying score for functionality as indicated in the tender documents is


not an acceptable tender. (7) Each tender that obtained the minimum qualifying score for functionality must be evaluated further in terms of

price and the preference point system and any objective criteria envisaged in regulation 11.

80/20 preference point system for acquisition of goods or services for Rand value equal to or above R200 000 and up to R50 million

6.(1) The following formula must be used to calculate the points out of 80 for price in respect of a tender with a Rand value equal to or above R50 million, inclusive of all applicable taxes:

Ps = 80(1-((Pt-Pmin))/Pmin)

Where Ps = Points scored for price of tender under consideration; Pt = Price of tender under consideration; and Pmin = Price of lowest acceptable tender. (2) The following table must be used to calculate the score out of 20 for BBBEE:

The scoring shall be as follows:

B-BBEE Status Level of Contributor Number of Points

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

(3) A tenderer must submit proof of its B-BBEE status level of contributor. (4) A tenderer failing to submit proof of B-BBEE status level of contributor or is a non-compliant contributor to B-

BBEE may not be disqualified, but (a) may only score points out of 80 for price; and (b) scores 0 points out of 20 for B-BBEE.

(5) A tenderer may not be awarded points for B-BBEE status level of contributor if the tender documents indicate that the tenderer intends subcontracting more than 25% of the value of the contract to any other person not qualifying for at least the points that the tenderer qualifies for, unless the intended subcontractor is an EME that has the capability to execute the subcontract.

(6) The points scored by a tenderer for B-BBEE in terms of sub-regulation (2) must be added to the points scored for price under sub-regulation (1).

(7) The points scored must be rounded off to the nearest two decimal places. (8) Subject to sub-regulation (9) and regulation 11, the contract must be awarded to the tenderer scoring the highest points.

(9)(a) If the price offered by a tenderer scoring the highest points is not market related, the organ of state may not award the contract to that tenderer.

(b) The organs of state may (i) negotiate a market-related price with the tenderer scoring the highest points or cancel the tender; (ii) if the tenderer does not agree to a market-related price, negotiate a market-related price with the tenderer

scoring the second highest points or cancel the tender; (iii) if the tenderer scoring the second highest points does not agree to a market-related price, negotiate a

market-related price with the tenderer scoring the third highest points or cancel the tender. (c) If a market-related price is not agreed as envisaged in paragraph (b)(iii), the organ of state must cancel the

tender.


4 Declaration

The tenderer declares that

a) the tendering entity is a Level ……… contributor as at the closing date for tenders

b) the tendering entity has been measured in terms of the following code (tick applicable box)

□ Generic code of good practice □ Forest Sector Code

□ Integrated Transport Sector Codes □ Tourism Sector Code

□ Construction Sector Code □ Chartered Accountancy Sector Code

□ Other – specify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c) the contents of the declarations made in terms of a) and b) above are within my personal knowledge and are to the best of my belief both true and correct

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

Signature : ...............................................................................................................................………. Name : .......................................................................................................................................……… Duly authorised to sign on behalf of : ............................................................................................……… Telephone : ...................................................................... Fax: ....................................................................... Date : .......................................................................

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

Note: 1) Failure to complete the declaration will lead to the rejection of a claim for a preference

2) Supporting documentation of the abovementioned claim for a preference must be submitted with the tender submission to be eligible for a preference


Practice Declaration

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

1) The tenderer is not an unincorporated joint venture and is (tick appropriate box):

□ a close corporation – ck no . . . . . . . . . . . . . . . . .

□ a company – company no . . . . . . . . . . . . . . . . .

□ a partnership (Attach Proof of company registration in terms of the Companies Act, 2008 (Act 71 of 2008) or Close

Corporation Act, 1984, (Act No. 69 of 1984) or partnership agreement as applicable)

2) The primary business of the tendering entity is to provide technology based intellectual services to clients

3) The tenderer has in their full time employ the following Principal Consultant (or key person whose name is stated as such in Part 2 of the Contract Data) i.e. the person who will provide the service or under whose direction the service is to be provided (see scope of work):

Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Identity number or passport number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Type of professional registration: professional engineer / professional engineering technologist (delete registration

type that does not apply)

Professional registration number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Attach copy of the ECSA registration certificate)

4) The tenderer (tick one box):

□ is a member firm of Consulting Engineers South Africa;

(Attach a copy of the firm’s membership certificate with Consulting Engineers South Africa)

□ has at least 50% of its directors, members or partners, as relevant, who are professionally registered as

Professional Engineers or Professional Engineering Technologists

(Complete the following tabulation providing the names of all directors, members or partners and their registration particulars and ECSA Registration Certificates if any)

Name Identity number Professional registration type and number e.g. PrEng no:


5) The tenderer confirms that professional indemnity cover is in place in an amount of not less than R5,0 million without

a limit to the number of claims

(Attach a copy of the professional indemnity professional cover)

6) The tenderer confirms that the tenderer’s turnover over the preceding financial year is not less than R1,5 million.

(Attach suitable financial statements for the preceding financial year within 12 months of the year end )

7)

The tenderer can provide at least three contactable client references for the provision of civil engineering services relating to the design of access roads which generated a fee income of at least R0,2 m including VAT and which has been satisfactorily completed during the last five years are as follows:

Project description (identity name of project and briefly describe the civil engineering works)

Completion date

Civil engineering fees generated for tenderer from project (Rand, including VAT)

Contactable client references

Name of organization

Name of contact person

Tel no(s) of contact person





Project description (identity name of project and briefly describe the civil engineering works)

Completion date

Civil engineering fees generated for tenderer from project (Rand, including VAT)

Contactable client references







I hereby declare that the contents of this Declaration are within my personal knowledge, and save where stated otherwise are to the best of my belief both true and correct.

Signed Date

Name Position

Tenderer


Evaluation Schedule1 : Experience of Principal Consultant

The experience of the Principal Consultant (Key personnel whose name is stated as such in Part 2 of the Contract Data) will be evaluated i.e. the person who will provide the services or under whose direction the services is to be provided (see scope of work). This will be undertaken in relation to: 2) Experience in relation to the required services - previous or current work related to the required service - local knowledge - expertise and experience in contributing to sustainable development - experience in the design and implementation of access roads - depth of in-house experience apart from that residing in the Principal Consultant - local and international access to information / knowledge relating to the required and related services - Registration with CESA The tenderer must briefly outline the value add offered in not more than four pages and attach this to this page. The

tenderer should also state what value add other staff members will provide to the service. The scoring will be as follows:

Rating / score General experience and qualifications in relation to the service

Adequacy for the service

0 Tenderer has submitted no information or inadequate information to determine scoring level or does not have an appropriate professional profile or experience..

Poor (score 40)

Principal Consultant has a limited professional profile Principal Consultant has limited levels of experience in the required service

Satisfactory (score 70)

Principal Consultant has reasonable professional profile

Principal Consultant has reasonable levels of experience in the required service

Good (score 90)

Principal Consultant has an extensive professional profile

Principal Consultant has extensive levels of project specific experience in the required service

Very good (score 100)

Principal Consultant has outstanding professional profile

Principal Consultant has outstanding levels of project specific experience in the required service

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

Signed Date

Name Position

Tenderer

Tender T2.2 Part T2: Returnable documents Returnable Schedules

Evaluation Schedule 2: Expertise (Qualifications & Professional Registration: ECSA)

The value added by the tenderer in delivering the service will be evaluated i.e. the answer to the question as to why the Employer will derive better value for money by contracting with the tenderer rather than with any other tenderer. Examples of value add include: - Professional profile: general experience (total duration of professional activity), level of education and training and positions held which have a bearing on the required service. A CV of the Principal Consultant of not more than 4 pages must be attached to this schedule. Each CV should be

structured under the following headings: 1 Personal particulars

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

2 Qualifications (degrees, diplomas, grades of membership of professional societies and professional registrations) 3 Name of current employer and position in enterprise 4 Overview of post graduate experience (year, organization and position / responsibilities) 5 Outline of assignments / experience that has a bearing on the required services giving dates, nature and scope of

that has been undertaken including the level of responsibility 6 Professional activities which have a bearing on the service

Certificates / suitable proof of membership must be attached to this schedule - previous or current work related to the required service - local knowledge - expertise and experience in contributing to sustainable development - expertise in the design and implementation of access roads - depth of in-house expertise apart from that residing in the Principal Consultant - local and international access to information / knowledge relating to the required and related services - Professional registration with ECSA - Professional affiliations (SAICE, SACPMP etc.) - LIC NQF Level 7 and Level 5 - Contract Management knowledge (NEC 3, GCC 2015 etc.)

The tenderer must briefly outline the value add offered in not more than four pages and attach this to this page. The tenderer should also state what value add other staff members will provide to the service. The scoring of the tenderer’s value added will be as follows:

0 Tenderer has submitted no information or inadequate information to determine scoring level.

Poor (score 40)

Tenderer offers limited value add to the required service


Tenderer offers attractive value add to the required service

Good (score 90)

Tenderer offers very desirable value add to the required service


Tender submitted presentable CVs, certified copies of qualification, certified copy of Pr certificates , proof of affiliations reg; numbers etc

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

Signed Date

Name Position

Tenderer


Evaluation Schedule 3: Methodology

The approach paper must outline the tenderer’s proposed design methodology and approach to provide the services that may be required. The approach paper should in broad terms respond to the proposed works indicated in the approved Construction procurement strategy for King Sabata Dalindyebo Municipality for the 2015/2016 and later financial years, taking into account the approved strategy for the delivery of such works:

explain the methodologies which are to be adopted;

demonstrate the compatibility of those methodologies with the proposed approach;

articulate what value add the tenderer will provide in achieving the stated and implied objectives for the service with particular reference to the primary and secondary objectives;

Indicate what expertise is available to the tenderer to achieve such integration.

Scope management

Quality management

Risk management

Time management

Communication management

Technical report writing

Programme from planning stage to the submission of detailed design report and drawings The tenderer must attach his / her approach paper to this page. The approach paper should not be longer than 5 pages. The scoring of the approach paper will be as follows:

Technical approach and methodology

Score 0 Tenderer has submitted insufficient information to score the schedule

Poor (score 40)

The technical approach and / or methodology is poor / is unlikely to satisfy project objectives or requirements. The approach lacks strategic thinking / expertise and does not deal with the critical aspects of integration.


The approach, although likely to satisfy objectives is generic and not tailored to address the specific project.. The approach does not adequately deal with the critical characteristics of the project and its objectives.

Good (score 90)

The approach is specifically tailored to address the specific project objectives and methodology and is sufficiently flexible to accommodate changes that may occur during execution.


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


Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tenderer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date . . . . . . . . . . . . . . Position . . . . . . . . . . . . . . . . . . . . . . . . .


Evaluation Schedule 4: Locality & Value Add

The value added by the tenderer in delivering the service will be evaluated i.e. the answer to the question as to why the Employer will derive better value for money by contracting with the tenderer rather than with any other tenderer. Examples of value add include: - internal quality control systems - local knowledge - office in the vicinity where the works are required - local and international access to information / knowledge relating to the required and related services - access to internet or library access to specialist literature or internal libraries and facilities - software packages, proprietary products, etc. The tenderer must briefly outline the value add offered in not more than four pages and attach this to this page. The tenderer should also state what value add other staff members will provide to the service. The scoring of the tenderer’s value added will be as follows:

0 Tenderer has submitted no information or inadequate information to determine scoring level.

Poor (score 40)

Tenderer offers limited value add to the required service


Tenderer offers attractive value add to the required service

Good (score 90)

Tenderer offers very desirable value add to the required service


Tenderer offers exceptional value add to the service required.


Signed Date

Name Position

Tenderer


EVALUATION CRITERIA

The quality criteria and maximum score in respect of each of the criteria are as follows:

Item no. Criteria Weighting

1. Experience (Contracts of a similar nature)

20

2. Expertise (Qualifications & Professional Registration: ECSA)

35

3. Methodology to be used (Management of the contract)

15

4 Locality & Value Add 30

Total weighting 100 Note: No experience indicated =0, Poorly demonstrated experience 0-60, sufficient experience indicated 61-100

Each evaluation criteria will be assessed in terms of five indicators – no response, poor, satisfactory, good and very good. Scores of 0, 40, 70, 90 or 100 will be allocated to no response, poor, satisfactory, good and very good, respectively. The scores of each of the evaluators will be averaged, weighted and then totalled to obtain the final score for quality. The minimum number of evaluation points to be obtain for quality by each tenderer in order to be considered for further evaluation is 60 points.

PROVISION OF CIVIL ENINEERING PROFESSIONAL SERVICES FOR GRAVEL ACCESS ROAD - KSDLM

SCM NO : 026/2017/18 PRE- QUALIFICATION FUNCTIONAL ASSESSMENT –POINT SCORING

DESCRIPTION /CRITERIA Maximum points Allowed

List of similar types of projects undertaken (min. 5 projects) 15

List of similar types of projects undertaken with ABE/SMME support (min 2 projects)

2

List of similar types of projects undertaken with EPWP principles (min 3 projects) 2

Projects not similar but with sufficient related experience (0.5 points per project) 1

TOTAL FOR EXPERIENCE 20

Project Director/Leader : Engineer or Technologist with 10 years’ experience 10

Design Engineer : Engineer or Technologist with at least 7 years’ experience 7

Resident Engineer or Technologist or Clerk of Works or RE Technician with at least 5 years’ experience for site supervision ( 1 point per year)

5

Proof of ECSA registration per category above (Pr. Eng. or Pr. Tech.=5, Pr. Techni.=3, Candidate Eng. or Candidate Tech or Candidate Techni.=1)

10

LIC NQF: Level 7=2points, Level 5 = 1point 3

TOTAL FOR EXPERTISE 35 Approach paper to provide the services 10

Sufficiently detailed Project Implementation with Timeframes for each activity and milestone (Gantt Chart)_

3

Training and mentoring of trainee technicians (employed by the client) 2

TOTAL FOR METHODOLOGY 15 Local office (within KSD=15, OR Tambo=10, Eastern Cape=5, Outside EC=0) 15

Detailed list of resources available and/or required for the project 5

Internal Quality Control Systems 5

Risk Management 5

TOTAL FOR LOCALITY & VALUE ADD 30

Within KSDL Municipality 30

Within Eastern Cape but outside Mthatha 15

Outside Municipality 10

TOTAL POINTS ALLOCATION

100


Tender Assessment Schedule (NEC3 PSC)

This schedule is for information only and does not need to be completed. The evaluators will apply this schedule to arrive at a comparative offer in the evaluation of tenders

WARNING: Tenderers who tender different pricing parameters (i.e. alternative offers) may compromise their competitive position e.g. by tendering Rands per hour where a rate in cents per hour / R100 of total annual

cost of employment is required.

The parameters tendered in the Contract Data by the Consultant are to be reduced to a common base for

comparative purposes as follows:

1) Average time charge / hour for tender comparative purposes only

= f1 x A + f2 x B x TAC / 100 / 100

where:

f1 is a weighting factors with a value of 0,5

f2 is a weighting factor with a value of 0,5

A is the tendered Rate / hour for key consultant or director, member or partner tendered in C2.2 Staff rates

B is the tendered cents per hour / R100 of total annual cost of employment for professional and technical staff tendered in C2.2 Staff rates

TAC is the average total annual cost of employment with a value of R 400 000 which is assumed only for comparative purposes

= 0,5 x A + 0,5 x B x 400 000 / 100 /100

= 0,5 x . . . . . . . . . . . + 0,5 x . . . . . x 400 000 /100 /100

= .R . . . . . . . . . . . . . . ./.hour

Assuming that 1 000 hours of work are based on Time Charges, the cost of such work will be:

= 1 000 x = 1 000 x . . . . . . . . . . . . .

= . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2) Time charge on a monthly basis: = C x TAC / 12 x n

Where C is the tendered factor for professional and technical staff tendered in C2.2 Staff rates

TAC is the average total annual cost of employment with a value of R 400 000 which is assumed only for comparative purposes

n is the number of months

Assuming that 12 months of work are based on Time Charges on a monthly basis, the cost of such work will be: = . . . . . x 400 000 / 12 x 12

= . . . . . . . . . . . . .


3) Fee based on the cost of construction in accordance with Z4 in Part 1 of the Contract Data

Fee percentage = BFP x FLE x FPO x FCON where BFP = basic percentage fee derived from the King Sabata Dalindyebo Framework for the Determination of

Professional Fees for Consulting Services FLE = adjustment factor that reflects the level of effort that is required as determined in accordance with the

provisions of the King Sabata Dalindyebo Framework for the Determination of Professional Fees for Consulting Services for civil engineering work after the award of the contract

FPO = tendered professional and technical staff rate expressed in cents / R 100 or part thereof of total cost

of employment (see C2.2 Staff rates) / 16

FCON = tendered adjustment factor to reflect factors such as risk, productivity, efficiency, locality, local knowledge, particular methods or systems for delivering services, level of expenses that are not recoverable etc. (see C2.3 Adjustment factor).

Fee in Rands excluding VAT = fee percentage / 100 x cost of construction excluding VAT

Assuming that for comparative purposes only

BFP = 9,2

FLE = 0,94

Cost of construction = R 3 000 000 excluding VAT

Fee in Rands = BFP x FLE x FPO x FCON / 100 x cost of construction excluding VAT

= 9,2 x 0,94 x B / 16 x FCON / 100 x 3 000 000

= 9,2 x 0,94 x . . . . . . / 16 x . . . . . . . . / 100 x 3 000 000

= . . . . . . . . . . . . . . . . . . . . . . . . .

Comparative offer for tender evaluation purposes only:

= + + = . . . . . . . . . . . . + . . . . . . . . . . . . . + . . . . . . . . . . . . . = R. . . . . . . . . . . . . . . . . . . .

. .


GEOGRAPHICAL AREAS WHERE SERVICES ARE TO BE RENDERED

No. Name of Area Indicate interest (X)

1 Mthatha

2 Mqanduli

3 Coffee Bay

Contract C1.1 Part C1: Agreement and Contract Data Form of Offer and Acceptance

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 provision of services as described in Part 1 of the Contract Data.

FRAMEWORK AGREEMENT FOR 8 PROFESSIONAL SERVICES FOR UNPAVED GRAVEL ROADS WITHIN KSDLM: SCM NO. 026/201/18

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 authorised, signing this part of this Form of Offer and Acceptance the tenderer offers to perform all of the obligations and liabilities of the Consultant under the contract including compliance with all its terms and conditions 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 VAT AND EXPENSES is in accordance with the conditions of

contract :

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 including the Schedule of Deviations (if any) to the tenderer before the end of the period of validity stated in the Tender Data, or other period as agreed, whereupon the tenderer becomes the party named as the Consultant in the conditions of contract identified in the Contract Data.

Signature(s)

Name(s)

Capacity

For the tenderer:

Name & signature of witness

(Insert name and address of organisation) Date

Contract C1.1 Part C1: Agreement and Contract Data Form of Offer and Acceptance

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 Consultant 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 Form of Offer and Acceptance) Part C2 Pricing Data Part C3 Scope of Work

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

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Returnable Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Employer during this process of offer and acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this Schedule.

The tenderer shall within two weeks of 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 securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the Contract Data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the Schedule of Deviations (if any). Unless the tenderer (now Consultant) 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(s)

Name(s)

Capacity

for the Employer

King Sabata Dalindyebo Municipality PO Box 44 Munitata 5099

Name & signature of witness

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

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

Contract 3 C1.1 Part C1: Agreement and Contract Data Form of Offer and Acceptance

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contract C1.2 Part C1: Agreements and Contract Data Contract Data: Part 1

Part C1.2 Contract Data

The Conditions of Contract are the NEC3 Professional Services Contract (Third edition of April 2013) published by the Institution of Civil Engineers, copies of which may be obtained from Engineering Contract Strategies (telephone 011-803 3008). Amendments issue since June 2005 may be downloaded from www.neccontract.com/useful_downloads/NEC_Amendments_June_2006.asp. Each item of data given below is cross-referenced to the clause in the NEC3 Professional Services Contract which requires it.

Part one - Data provided by the Employer

1 General

The conditions of contract are the core clauses and the clauses for main Option:

G: Term contract

dispute resolution Option W1: Dispute resolution procedure

and secondary Options

X1: Price adjustment for inflation

X2 Changes in the law

X7: Delay damages

X9: Transfer of rights

Z: Additional conditions of contract

of the NEC3 Professional Services Contract June 2005 (with amendments June 2006)

10.1 The Employer is the King Sabata Dalindyebo Municipality:

Address: Corner Sutherland & Owen street, Munitata, 5099

Tel No. 047 501 4064/67

Email: [email protected]

11.2(9) The services are for the provision of a range of professional civil engineering services relating to access roads which are required within the KSD municipal area over a three year term on an as and when required basis without any commitment to a quantum of work.

11.2(11) The Scope is in the document called Part 3: Scope of Work

12.2 The law of the contract is the law of the Republic of South Africa subject to the jurisdiction of the Courts of South Africa.

13.1 The language of this contract is English

13.3 The period for reply is two weeks

13.6 The period for retention is 5 years following Completion or earlier termination.

2 The Parties’ main responsibilities

25.2 The Employer provides access to persons, places and things as stated in the Task Order

3 Time

31.2 The starting date is the day of acceptance of the offer

http://www.neccontract.com/useful_downloads/NEC_Amendments_June_2006.asp



11.2(3) The completion date for the whole of the services should be calculated from the day of appointment and

acceptance of the offer.

11.2(6) The Key Dates and the conditions to be met are as stated in the Task Order:

31.1 The Consultant is to submit a first programme for acceptance within the time stated in the Task Order.

32.2 The Consultant submits revised programmes at intervals no longer than the period stated in the Task

Order.

4 Quality

40.2 The quality policy statement and quality plan are provided within the time stated in the Task Order.

41.1 The defects date varies from 6 months to 12months after Completion of a Task for the services associated with such a Task. 12months will only be applicable on gravel access with structures i.e bridges

5 Payment

50.1 The assessment interval is monthly.

50.3 The expenses stated by the Employer are

Item Amount

vehicle travel within the King Sabata Dalindyebo municipal area to perform the services

in accordance with the latest Rates for Reimbursable expenses published on www.publicworks.gov.za/consultants

printing or reproduction of documents other than general correspondence and minor reports issued to the Employer or, where instructed by the Employer, to Others

covers and binding of documents other than general correspondence and minor reports issued to the Employer or, where instructed by the Employer, to Others

presentation materials required by the Employer

market related cost or in accordance with the latest Rates for Reimbursable expenses published on www.publicworks.gov.za/consultants

specialist studies and tests where instructed by the Employer cost plus 7,5%

51.2 The currency of this contract is the South African Rand.

51.5 The interest rate is the Prime lending rate of the Employer’s Bank

6 Compensation events No data required for this section of the conditions of contract.

7 Rights to material No data required for this section of the conditions of contract.

8 Indemnity, insurance and liability

81.1 The amounts of insurance and the periods for which the Consultant maintains insurance are

Event Cover Period following Completion of the whole of the services or earlier termination

failure by the Consultant to use the skill and care normally used by professionals providing services similar to the services

R 3 million in respect of each claim, without limit to the number of claims

For as long as the Consultant remains in business

http://www.publicworks.gov.za/consultants





death of or bodily injury to a person (not an employee of the Consultant) or loss of or

damage to property resulting from an action or failure to take action by the Consultant

R 3 million in respect of

each claim, without limit to the number of claims

0

death of or bodily injury to employees of the Consultant arising out of and in the course of

their employment in connection with this contract

That which is prescribed by the Compensation injuries and Diseases Act No. 130 of 1993 as amended and whatever the Consultant deems desirable in addition

0

82.1 The Consultant’s total liability to the Employer for all matters arising under or in connection with this

contract, other than the excluded matters, is limited to the amount of the insurance cover which this contract requires

9 Termination

No data required for this section of the conditions of contract.

10 Data for main Option clause

G Term contract

21.4 The Consultant prepares forecasts of the total Time Charge and expenses at intervals no longer than 5 weeks.

11 Data for Option W1

W1.1 The Adjudicator is the person selected by the Parties in terms of the relevant Z Clause from the Panel of NEC Adjudicators set up by ICE-SA, a Joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.saice-sa.org.za).

W1.2(3) The adjudicator nominating body is the Chairman of ICE-SA, a Joint Division of the Institution of Civil

Engineers and the South African Institution of Civil Engineering (see www.saice-sa.org.za).

W1.4(2) The tribunal is arbitration

W1.4(5) The arbitration procedure is as set out in the Rules for the Conduct of Arbitrations Fifth Edition 2005 published by the Association of Arbitrators (Southern Africa)

The place where arbitration is to be held is Mthatha

The person or organisation who will choose an arbitrator

if the Parties cannot agree a choice or

if the arbitration procedure does not state who selects an arbitrator, is the Chairman of the Association of Arbitrators (Southern Africa)

12 Data for secondary Option clauses

X1 Price adjustment for inflation

X1.1 The index is the index published in “Consumer Price Index: index numbers and year on year rates”

as published in the Statistical News Release, P0141 Table B of Statistics South Africa..

The staff rates are:

fixed at the Contract Date and are not variable with changes in salary are those that are based on a rate per hour.

variable with changes in salary paid to individuals are those derived from the total annual cost of employment.

X2 Changes in the law

X2.1 The law of the project is the law of the Republic of South Africa subject to the jurisdiction of the Courts of

South Africa.

http://www.saice-sa.org.za/

http://www.saice-sa.org.za/


X7

Delay damages

X7.1 Delay damages for late Completion of the whole of the services are as stated in the Task Order.

X10 The Employer’s Agent

X10.1 The Employer’s Agent is as stated in the Task Order

The authority of the Employer’s Agent is to carry out all actions of the Employer in this contract with respect to all matters except those required by clauses 51.1, 55.1, 81.1, 90 and 92.

Z Additional conditions of contract

The additional conditions of contract are

Z1 Tax invoices

The Consultant’s invoice.

Delete the first sentence of core clause 50.2 and replace with: Invoices submitted by the Consultant to the Employer include

the details stated in the Scope to show how the amount due has been assessed, and

the details required by the Employer for a valid tax invoice. Delete the first sentence of core clause 51.1 and replace by: Each payment is made by the Employer within three weeks of receiving the Consultant’s invoice showing the details which this contract requires or, if a different period is stated in the Contract Data, within the period stated.

Z2 Selection and appointment of the Adjudicator

A Party may at any time notify the other Party of the names of two persons he has chosen from the Panel of NEC Adjudicators set up by ICE-SA, a Joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.ice-sa.org.za) whose availability to act as the Adjudicator the notifying Party has confirmed. The other Party selects one of the two persons chosen to be the Adjudicator within four days of receiving the notice, failing which the person chosen by the notifying Party will be the Adjudicator. The Parties appoint the selected Adjudicator under the NEC3 Adjudicator’s Contract, June 2005.

Z3 Vendor registration

The Consultant registers on the King Sabata Dalindyebo Procurement Database by completing the relevant Vendor Registration Form and providing all the required information. One hundred percent of the Prices for Services Provided to Date is retained in assessments of the amount due until the Consultant has registered on the King Sabata Dalindyebo Procurement Database.

http://www.ice-sa.org.za/


Z4 Alternative basis for assessing compensation events relating to professional services

If the Employer and the Consultant agree, assessments for changed Prices for compensation events relating to civil engineering services may be based on a percentage of the construction cost determined in accordance with the provisions of the King Sabata Dalindyebo Framework for the determination of professional fees for consulting services (see Annexure 2) where:.

FPO = tendered professional and technical staff rate expressed in cents / R 100 or part thereof of total cost of employment as stated in the C2.2 Pricing Data / 16

FCON = tendered adjustment factor to reflect factors such as risk, productivity, efficiency,

locality, local knowledge, particular methods or systems for delivering services, level of expenses that are not recoverable etc. as stated inC2.3 of the Pricing Data

The fees based on a percentage of the project cost includes the travelling time and travel costs associated with the provision of the service, except for travel outside of the King Sabata Dalindyebo municipal area authorised by the Employer. The total fee for each stage required in terms of the scope of work in Rands, determined in accordance with the provisions of the King Sabata Dalindyebo Framework for the determination of professional fees for consulting services, is entered as a lump sum amount in the Task Order. Such amounts may be further broken down should the Consultant so require.

Z5 Acts or omissions by mandatories

In terms of Section 37(2) of the Occupational health and Safety Act of 1993 (Act 85 of 1993), the Consultant hereby agrees that the Employer is relieved of any and all of its liabilities in terms of Section 37(1) of this Act in respect of any acts or omissions of the Consultant and his employees to the extent permitted by this Act, and that this contract comprises the written agreement between the Employer and the Consultant contemplated in section 37(2).

Contract C1.2 Part C1: Agreements and Contract Data Contract Data Part 2

Part C1.2 Contract Data

The Consultant is advised to read the NEC3 Professional Service (Third edition of April 2013) and the relevant Guidance Notes and Flow Charts, published by the Institution of Civil Engineers, in order to understand the implications of this Data which is required. Copies of these documents may be obtained from the Engineering Contract Strategies (telephone (27) 011 803 3008). Each item of data given below is cross-referenced to the clause in the NEC3 Professional Service Contract to which it mainly applies.

Part two - Data provided by the Consultant

Clause Statement

10.1 The Consultant is (Name):

Address

Tel No.

Fax No.

Email:

22.1 The Consultant’s key persons is:

1 Name:

Job: …………………………..

Responsibilities: provide the services or direct the services provided

Qualifications: see CV provided in tender

Experience: See CV provided in tender

11.2(13) The staff rates are as stated in the Pricing Data:

50.3 The expenses stated by the Consultant are none

Contract C2 Part C2: Pricing Data Pricing Data

C2: Pricing Data

C2.1 Pricing assumptions (Option G)

C.2.1.1 General

C.2.1.1.1 The Consultant is paid under Option G (Term Contract) i.e. on a combination of Time Charges (sum of the products for each of the staff rate multiplied by the time appropriate to that rate properly spent on work in the contract) and a proportion of the lump sum price for each item on the Task Schedule (see Annexure 1) in proportion to the work completed on that item. C.2.1.1.2 Expenses as provided for in the contract are paid in addition to the total of the Time Charges and lump sum prices. C.2.1.1.3 There is no adjustment to the lump sums for items in the Task Schedule if the amount, or quantity, of work within that activity later turns out to be different to that which the Consultant estimated at the time that the Task Schedule was accepted by the Employer. The only basis for a change to the lump sum prices is as a result of a compensation event (See Clause 60.1).

C.2.1.2 Staff rates C.2.1.2.1 The staff rates are the prices charged for staff including: a) all the costs to the Consultant including total annual cost of employment, overhead charges incurred

as part of normal business operations including the cost of management, as well as payments to administrative, clerical, IT support and secretarial staff used to support professional and technical staff in general and not on a specific project only;

b) the time and costs expended in travelling to and from a site, meetings or any other activity associated

with the provision of the service,

c) non-recoverable expenses;

d) all protective clothing and all standard equipment such as office furniture, copiers, plotters, computers and software used to perform the services; and

e) profit. C.2.1.2.2 The total annual cost of employment is the total amount borne by the consultant in respect of the employment of a staff member per year comprising basic salary and fringe benefits not reflected in the basic salary, including:

a) normal annual bonus,

b) consultant’s contribution to medical aid, unemployment insurance fund, pension or provident fund, c) group life insurance premiums borne by the consultant; and d) all other benefits or allowances payable in terms of a letter of appointment excluding any share of

profit and payment for overtime.

C.2.1.2.3 The staff rates for staff whose hourly or monthly rate is based on the total annual cost of employment shall not exceed the staff rate for category A.

C.2.1.2.4 All staff that are deployed on a full time basis shall be remunerated in terms of staff rate C.

C.2.1.2.5 The rate per month shall include all leave taken in accordance with the letter of appointment and non-working days.


C.2.1.2.6 Site allowances for construction monitoring staff should be included in the total annual cost of employment if stated in the letter of appointment.

C.2.1.2.7 The staff rates exclude VAT.

C.2.1.3 Expenses C.2.1.3.1 The expenses that may be paid to the Consultant are as stated in the Contract Data. All other cost to the Consultant associated with Providing the Services is included within the staff rates.

C2.2 Staff rates

The staff rates are:

Category Description Basis of staff rate, excluding VAT

Tendered parameter

A

Director, member or partner

Rate per hour in Rand

R . . . . . . . . . . .

B

Professional staff, who are appropriately registered with a statutory council with adequate expertise and relevant experience, who carry direct professional responsibility for one or more specific activities related to the services; and

Technical staff with adequate expertise and relevant experience performing work with direction and control provided by professional staff.

Rate per hour in Rand based on cents per hour for every R100 total annual cost of employment

. . . . . . . . . . . . cents

C

Professional staff, who are appropriately registered with a statutory council with adequate expertise and relevant experience, who carry direct professional responsibility for one or more specific activities related to the services;

and

Technical staff with adequate expertise and relevant experience performing work with direction and control provided by professional staff.

Rate per month based on total annual cost of employment divided by 12 multiplied by a factor where payment is made for leave and non-working days

factor = . . . . . . .

EXAMPLE: The hourly rate that is calculated for category B is as follows:

Assuming that a rate of 15 cents per hour for every R 100 total annual cost of employment is tendered and the total annual cost of employment is R 400 000 per annum, the calculated hourly rate will be as follows:

15 / 100 x 400 000 / 100 = R600 per hour

NOTE The hourly rate for category B is based:

a) the total annual cost of employment multiplied by a staff multiplier which takes into account factors such as:

staff utilization rates;

the cost of employment of non-fee earning staff (i.e. administrative staff); and

company overheads which may include communication costs, office accommodation costs, transport not directly covered by projects, consumables, audit, bank and finance charges, insurance, marketing, office equipment, training and development, non-recoverable expenses, head office expenses etc, ; and

mark up for profit; and

b) the time available in a year after weekends and public holidays and allowances for leave and sick leave are taken into account.

If a multiplier of 2,64 is applied to a total annual cost of employment of R 400 000 per annum where the available hours in a year are 1760, the hourly rate = 400 000 x 2,64 / 1760 = R600


Example: The monthly rate that is calculated for category C is as follows:

Assuming that a factor of 1.8 is tendered and the total annual cost of employment is R 400 000 per annum, the calculated monthly rate will be as follows:

1.8 x 400 000 / 12 = R 60 000 per month


C2.3 Adjustment factor

Adjustment factor

Description Tendered value (a number )

FCON An adjustment factor (FCON) (see King Sabata Dalindyebo Framework for the determination of professional fees for consulting services) (see Annexure 2) used in the calculation of the fee percentage for civil engineering services to reflect factors such as risk, productivity, efficiency, locality, local knowledge, particular methods or systems for delivering services, level of expenses that are not recoverable, alignment of services with scope of work etc

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

NOTE Refer to clause Z4 in the Part 1 of the Contract Data and the King Sabata Dalindyebo Framework for the determination of professional fees for consulting services to understand how the adjustment factor is applied


C 2.4 Pricing Schedule

OFFERED FEES FOR VARIUOS GRAVEL ACCESS ROAD PROJECTS

The following is a schedule that takes note of the prices that the Tenderer is offering to render professional

services required for the various projects. Please take note of the guidelines in order to provide Tenderer with

a basis for prices offered. A project includes all associated works required to complete a project.

The Tenderer is to complete the schedule below to indicate hourly rates to be used for additional or

specialized services so ordered by the Employer for a Category B candidate.

CATEGORY PERSONNEL COST / HR

The Tenderer is to complete the schedule below to indicate the monthly rate, for a Category B candidate, to

be used for the level of site monitoring so ordered by the Employer

LEVEL OF CONSTRUCTION MONITORING PERSONNEL COST / Calendar Month

1

2

3

4

NOTE: during the adjudication of a specific project the Employer reserves the right to use the above rates to

simulate a project total cost for tender comparison purposes.


Schedule of Activities

Table A1 – Project Details

Project Number SCM NO. 026/2017/18

Project Description Gravel access roads

Estimated Cost of Work (R2000 000-R4000 000) R4 000 000.00

Approximate Project Duration (months) 12

Approximate Construction Duration (months) 6

Table A2 – Basic Professional Fees Offered (As per Engineering Professions Act (board notice 206 of 2011)

(a) Fee Category: Transport infrastructure C

(b) Percentage (%) Fee Tendered

(c) Fee Amount Tendered

Percentage Discount Offered %

Discount Fee amount Offered R

Sub Total R

Total Offered Professional Fee for Civil Engineering Services on this Project

(Excluding VAT) Carried Forward To Table D1

R

Table B 1 – Fees Offered for Construction Monitoring and other services

Refer

Payment

Item

Payment

Item

Fixed

Construction

duration

(months)

Sum amount (Excl. Vat)

Monthly rate Total (Excl. Vat)

Construction Monitoring

(3)

C3.3.2 6 R R

% mark-up on sub-

consultant services

(handling fee)

% R

Total Offered Construction Monitoring and other services on this Project (Excluding

VAT) Carried Forward To Table D1

R

Table C 1 – Recoverable Expenses (All)

Description

of

Recoverable

Expenses

Refer

Payment Item

Fixed

Amounts

Quantity Unit

(Measured

in)

Rate Total

(Excluding

VAT)

C3.2.1 R

C3.2.2 R

C3.2.3 R

C3.2.4 R

C3.2.5 R

C3.2.6 R

Total Offered Recoverable Expenses on this Project (Excluding VAT) Carried

Forward To Table D1

R


Table D 1 – Offered Fee Summary

Service (B/F) From

Table

Tendered Fees

Total Offered Professional Fee for Civil Engineering

Services (excl. VAT)

A2 R

Total Offered Construction Monitoring B1 R

Total Offered Recoverable Expenses C1 R

Sub – Total

R

Add 14 % VAT R

Total Professional Fees (Including VAT) for Project noted in Table A1

R

Name of Tenderer; ………………………………….…………………………………..

Signature Date

……………………………………. ……………………………






Estimated Cost of Work (R4 000 000 R6 500 000) R6 5000 000.00

Approximate Project Duration (months) 14


Table A2 – Basic Professional Fees Offered (As per Clause 4.2.1 of Engineering Professions Act (board notice

206 of 2011)






Sub Total R



R


Refer

Payment

Item

Payment

Item

Fixed

Construction

duration

(months)


Monthly rate Total (Excl.

Vat)


(3)

C3.3.2 6 R R

% mark-up on sub-

consultant services

(handling fee)

% R



R


Description

of

Recoverable

Expenses

Refer

Payment

Item

Fixed

Amounts

Quantity Unit

(Measured

in)

Rate Total

(Excluding

VAT)

C3.2.1 R

C3.2.2 R

C3.2.3 R

C3.2.4 R

C3.2.5 R

C3.2.6 R


Forward To Table D1

R



Service (B/F) From

Table

Tendered Fees



A2 R



Sub – Total

R

Add 14 % VAT R


R

Name of Tenderer; ………………………………….…………………………………..

Signature Date

……………………………………. ……………………………






Estimated Cost of Work (R6 500 000-R13 000 000) R13 000 000.00

Approximate Project Duration (months) 16-22


Table A2 – Basic Professional Fees Offered (As per Clause 4.2.1 of Engineering Professions Act (board notice

206 of 2011)






Sub Total R



R


Refer

Payment

Item

Payment

Item

Fixed

Construction

duration

(months)


Monthly rate Total (Excl.

Vat)


(3)

C3.3.2 6 R R

% mark-up on sub-

consultant services

(handling fee)

% R



R


Description of

Recoverable

Expenses

Refer

Payment

Item

Fixed

Amounts

Quantity Unit

(Measured

in)

Rate Total

(Excluding

VAT)

C3.2.1 R

C3.2.2 R

C3.2.3 R

C3.2.4 R

C3.2.5 R

C3.2.6 R


Forward To Table D1

R



Service (B/F) From

Table

Tendered Fees



A2 R



Sub – Total

R

Add 14 % VAT R


R

Name of Tenderer; ………………………………….…………………………………..

Signature Date

……………………………………. ……………………………


MBD 2

7. MBD 2 – TAX CLEARANCE CERTIFICATE 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 Services (SARS) to meet the bidder’s tax obligations.

1. In order to meet this requirement, bidders are required to complete in full the TCC 0001 form, “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 accepted.

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 of on the website www.sars.gov.za .

6. Applications for the Tax Clearance Certificates may also be made via e-Filing. In order to use this provision, taxpayers will need to register with SARS as e-Filers through the website www.sars.gov.za

SIGNATURE: NAME (PRINT):

CAPACITY:

DATE:

NAME OF FIRM:


MBD 3 PRICING SCHEDULE – NON-FIRM PRICES (PURCHASES) NOTE: PRICE ADJUSTMENTS WILL BE ALLOWED AT THE PERIODS AND TIMES SPECIFIED IN THE BIDDING DOCUMENTS. IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT

Name of Bidder……………………………………… Bid number………………………………… Closing Time ……………………… Closing Date …………………………………………

OFFER TO BE VALID FOR………DAYS FROM THE CLOSING DATE OF BID. ------------------------------------------------------------------------------------------------------------------------ ---------------------- ITEM QUANTITY DESCRIPTION BID PRICE IN RSA CURRENCY NO. **(ALL APPLICABLE TAXES INCUDED) ------------------------------------------------------------------------------------------------------------------------ ------------------------ Required by: ………………………………………… At: …….…..………………………………. Brand and model ……..…………………………………. Country of origin ……...…………………………………. - Does the offer comply with the specification(s)? *YES/NO If not to specification, indicate deviation(s) …………………………………………. Period required for delivery …………………………………………. - Delivery: *Firm/Not firm ** ”all applicable taxes” includes value- added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies. *Delete if not applicable


MBD 3.2 PRICE ADJUSTMENTS A NON-FIRM PRICES SUBJECT TO ESCALATION 1. IN CASES OF PERIOD CONTRACTS, NON FIRM PRICES WILL BE ADJUSTED (LOADED) WITH THE ASSESSED CONTRACT PRICE ADJUSTMENTS IMPLICIT IN NON FIRM PRICES WHEN CALCULATING THE COMPARATIVE PRICES IN THIS CATEGORY PRICE ESCALATIONS WILL ONLY BE CONSIDERED IN TERMS OF THE FOLLOWING FORMULA:

VPt

oR

tRD

oR

tRD

oR

tRD

oR

tRDPtVPa

4

44

3

33

2

22

1

111

Where: Pa = The new escalated price to be calculated. (1-V) Pt = 85% of the original bid price. Note that Pt must always be the original bid price and not an escalated price. D1, D2.. = Each factor of the bid price eg. labour, transport, clothing, footwear, etc. The total of the various factors D1,D2…etc. must add up to 100%. R1t, R2t…… = Index figure obtained from new index (depends on the number of factors used). R1o, R2o = Index figure at time of bidding. VPt = 15% of the original bid price. This portion of the bid price remains firm i.e. it is not subject to any price escalations. 3. The following index/indices must be used to calculate your bid price: Index………. Dated………. Index………. Dated………. Index………. Dated………. Index………. Dated………. Index………. Dated………. Index………. Dated………. 4. FURNISH A BREAKDOWN OF YOUR PRICE IN TERMS OF ABOVE-MENTIONED FORMULA. THE TOTAL OF THE VARIOUS FACTORS MUST ADD UP TO 100%.

FACTOR (D1, D2 etc. eg. Labour, transport etc.)

P PERCENTAGE OF BID PRICE


MBD 3.2 B PRICES SUBJECT TO RATE OF EXCHANGE VARIATIONS 1. Please furnish full particulars of your financial institution, state the currencies used in the conversion of the prices of the items to South African currency, which portion of the price is subject to rate of exchange variations and the amounts remitted abroad.

PARTICULARS OF FINANCIAL INSTITUTION

ITEM NO

PRICE CURRENCY RATE

PORTION OF PRICE SUBJECT TO ROE

AMOUNT IN FOREIGN CURRENCY REMITTED ABROAD

ZAR=

ZAR=

ZAR=

ZAR=

ZAR=

ZAR=

2. Adjustments for rate of exchange variations during the contract period will be calculated by using the average monthly exchange rates as issued by your commercial bank for the periods indicated hereunder: (Proof from bank required)

AVERAGE MONTHLY EXCHANGE RATES FOR THE PERIOD:

DATE DOCUMENTATION MUST BE SUBMITTED TO THIS OFFICE

DATE FROM WHICH NEW CALCULATED PRICES WILL BECOME EFFECTIVE

DATE UNTIL WHICH NEW CALCULATED PRICE WILL BE EFFECTIVE


MBD 4 DECLARATION OF INTEREST

1. Any legal person, including person employed by the state, or persons having a kinship with

persons employed by the state, including a blood relationship cannot, may make an offers in terms of this invitation to bid. 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 per persons for or on whose behalf the declaring 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 Are you or any person connected with the bidder, YES / NO employed by

the state? 2.1.2 If so, state particulars.

2.2 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 state and who may be involved with the evaluation and or adjudication of this bid?

2.2.1 If so, state particulars.

2.3 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 YES / NO the state who may be involved with the evaluation and or adjudication of this bid?

2.3.1 If so, state particulars.


DECLARATION I, the undersigned (name)……………………………………………………………………………………… certify that the information furnished in paragraphs 2.1 to 2.3.1 above is correct. I 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 DATE

POSITION NAME OF BIDDER 1. No bid will be accepted from persons in the service of the state 1. 2. Any person, having a kinship with persons in the service of the state, including a blood

relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.

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

submitted with the bid:

3.1. Full Name of bidder or his or her representative

3.2. Identity Number

3.3. Position occupied in the Company (director, shareholder etc.)

3.4. Company Registration Number

3.5. Tax Reference Number

3.6. VAT Registration Number

3.7. Are you presently in the service of the state? YES NO

3.7.1. If so, furnish particulars:

3.8. Have you been in the service of the state for the past twelve months?

YES NO



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

(a) a member of – i. any municipal council; ii. any provincial legislature; or iii. the national Assembly or the national Council of provinces;

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

3.9. Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid?

YES NO


3.10. Are you aware of any relationship (family, friend, other) between a bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid?

YES NO


3.11. Are any of the company’s directors, managers, principle shareholders or stakeholders in the service of the state?

YES NO


3.12. Is any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in the service of the state?

YES NO



4. DECLARATION I, the undersigned (name)___________________________________________________, certify that the information furnished in paragraph 3 above is correct. I accept that the state may act against should this declaration prove to be false.

SIGNATURE

DATE

NAME OF SIGNATORY

POSITION

NAME OF COMPANY


MBD 6.1

9. MBD6.1 – PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2011 – PURCHASES/SERVICES (80/20)

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, 2011.

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 • the 90/10 system for requirements with a Rand value above R50,000,000 (all applicable taxes included). 1.2. The value of this bid is estimated to not exceed R50,000,000 (all applicable taxes included) and therefore the 80/20 system shall be applicable. 1.3. Preference points for this bid shall be awarded for:

(a) Price; and (b) B-BBEE Status Level of Contribution. 1.3.1. The maximum points for this bid are allocated as follows:

POINTS

1.3.1.1. Price 80

1.3.1.2. B-BBEE status level of contribution

20

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

1.4. Failure on the part of a bidder to fill in and/or to sign this form will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.5. Failure on the part of a bidder to submit a B-BBEE Verification Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) 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 Municipality 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 Municipality.


2. DEFINITIONS

2.1. “All Applicable Taxes” includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies;

2.2. “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

2.3. “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.4. “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 services, works or goods, through price quotations, advertised competitive bidding processes or proposals;

2.5. “Broad-Based Black Economic Empower-ment Act” means the Broad-Based Black

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

2.6. “Comparative Price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration;

2.7. “Consortium or Joint Venture” means an association of persons for the purpose of

combining their expertise, property, capital, efforts, skills and knowledge in an activity for the execution of a contract;

2.8. “Contract” means the agreement that results from the acceptance of a bid by an

organ of state;

2.9. “EME” means any enterprise with an annual total revenue of R5 million or less (except where Sector Charter Thresholds apply);

2.10 “Firm Price” means the price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

2.11 “Functionality” means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder;

2.12 “Non-firm Prices” means all prices other than “firm” prices;

2.13 “Person” includes a juristic person;

2.14 “Rand Value” means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties;

2.15 “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;


2.16 “Total Revenue” bears the same meaning assigned to this expression in the Codes

of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

2.17 “Trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and

2.18 “Trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.

3. ADJUDICATION USING A POINT SYSTEM

3.1. The bidder obtaining the highest number of total points will be awarded the contract.

3.2. Preference points shall be calculated after prices have been brought to a comparative basis taking into account all factors of non-firm prices and all unconditional discounts;.

3.3. Points scored must be rounded off to the nearest 2 decimal places.

3.4. In the event that two or more bids have scored equal total points, the successful bid

must be the one scoring the highest number of preference points for B-BBEE.

3.5. However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.

3.6. Should two or more bids be equal in all respects, the award shall be decided by the

drawing of lots.

4. POINTS AWARDED FOR PRICE 4.1. THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10

min

min180

P

PPtPs or

min

min190

P

PPtPs Where:

Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid

5. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION

5.1. In terms of Regulation 5 (2) and 6 (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:


PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT (PPPFA) POINTS WILL BE AWARDED AS FOLLOWS Functionality - 80 points B-BBEE Status Level - 20 points TOTAL - 100 points ALLOCATION OF POINTS FOR BBBEE

B-BBEE Status Level Contributor Number of Points

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

Failure to comply with these conditions may invalidate your offer. 5.2. Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates. 5.3. Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate or a CERTIFIED COPY thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS. 5.4. A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate. 5.5. A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid. 5.6. Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice. 5.7. A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract. 5.8. A person awarded a 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 B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.


6. BID DECLARATION

1.1. Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2 AND 5.1

6.1.1 B-BBEE Status Level of Contribution as reflected on the B-BBEE Certificate

6.1.2 Points claimed in respect of Level of Contribution (maximum of 10 or 20 points)

(Points claimed in respect of paragraph 6.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).

2. SUB-CONTRACTING

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

YES

NO

7.1.1. If yes, indicate:

7.1.1.1. what percentage of the contract will be subcontracted? %

7.1.1.2. the name of the sub-contractor?

7.1.1.3. the B-BBEE status level of the sub-contractor?

7.1.1.4. whether the sub-contractor is an EME? (Tick applicable box)

YES

NO

3. DECLARATION WITH REGARD TO COMPANY/FIRM

Name of Enterprise

VAT registration number

Company registration number

TYPE OF ENTERPRISE (Tick applicable box)

Partnership / Joint Venture / Consortium

One person business / sole proprietor

Company

Close Corporation

Describe principal business activities

Company Classification (Tick applicable box)

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc.

TOTAL NUMBER OF YEARS THE ENTERPRISE HAS BEEN IN BUSINESS

9. 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 contribution indicated in paragraph 7 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 paragraph 7, 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 contribution 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; (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) restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, 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


CAPACITY:

DATE:

NAME OF FIRM:


MBD 7.1

10. MBD 7.2 CONTRACT FORM-RENDERING OF SERVICES

CONTRACT FORM - RENDERING OF SERVICES

THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SERVICE PROVIDER (PART 1) AND THE PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SERVICE PROVIDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE RECORDS.

PART 1 (TO BE FILLED IN BY THE SERVICE PROVIDER) 1. I hereby undertake to render services described in the attached bidding documents to

(name of the institution)……………………………………. in accordance with the requirements and task directives / proposals specifications stipulated in Bid Number………….……….. at the price/s quoted. My offer/s remain binding upon me and open for acceptance by the Purchaser during the validity period indicated and calculated from the closing date of the bid.

2. The following documents shall be deemed to form and be read and construed as part of

this agreement:

(i) Bidding documents, viz. - Invitation to bid; - Tax clearance certificate; - Pricing schedule(s); - Filled in task directive/proposal; - Preference claims for Broad Based Black Economic Empowerment Status

Level of Contribution in terms of the Preferential Procurement Regulations 2011;

- Declaration of interest; - Declaration of bidder’s past SCM practices; - Certificate of Independent Bid Determination; - Special Conditions of Contract;

(ii) General Conditions of Contract; and (iii) Other (specify)

3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) and rate(s) quoted cover all the services specified in the bidding documents; that the price(s) and rate(s) cover all my obligations and I accept that any mistakes regarding price(s) and rate(s) and calculations will be at my own risk.

4. I accept full responsibility for the proper execution and fulfilment of all obligations and conditions devolving on me under this agreement as the principal liable for the due fulfilment of this contract.

5. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this or any other bid.

6. I confirm that I am duly authorised to sign this contract.

NAME (PRINT)……………………………. CAPACITY …………………………….

SIGNATURE ……………………………. NAME OF FIRM…………………………….DATE ……………………

WITNESSES 1 …….……………………………. 2 ……….…………………………. DATE: ……………………………..


MBD 7.2

CONTRACT FORM - RENDERING OF SERVICES PART 2 (TO BE FILLED IN BY THE PURCHASER) 1. I………………………in my capacity as……………………...………………………………..

accept your bid under reference number ………………dated………………………for the rendering of services indicated hereunder and/or further specified in the annexure(s).

2. An official order indicating service delivery instructions is forthcoming. 3. I undertake to make payment for the services rendered in accordance with the terms and

conditions of the contract, within 30 (thirty) days after receipt of an invoice.

DESCRIPTION OF SERVICE

PRICE (ALL APPLICABLE TAXES

INCLUDED)

COMPLETION DATE

B-BBEE STATUS LEVEL OF CONTRIBUTION

MINIMUM

THRESHOLD FOR LOCAL

PRODUCTION AND

CONTENT (if applicable)

4. I confirm that I am duly authorised to sign this contract.

SIGNED AT ………………………………………ON……………………………….. NAME (PRINT) …………………………………………. SIGNATURE …………………………………………

OFFICIAL STAMP

WITNESSES 1 ….……………………………. 2 …..……………………………. DATE: ……………………………..


MBD 8

11. MBD 8 – DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT

PRACTICES

1. This Municipal Bidding Document must form part of all bids invited. 2. It serves as a declaration to be used by municipalities and municipal entities in ensuring that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 3. The bid of any bidder may be rejected if that bidder, or any of its directors have:

a. abused the municipality’s / municipal entity’s supply chain management system or committed any improper conduct in relation to such system; b. been convicted for fraud or corruption during the past five years; c. wilfully neglected, reneged on or failed to comply with any government, municipal or other public sector contract during the past five years; or d. been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004).

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

4.1 Is the bidder or any of its directors listed on the National Treasury’s database as a company or person prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

Yes

No

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? (To access this Register enter the National Treasury’s website, www.treasury.gov.za , click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445).

Yes

No


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

Yes

No


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



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


5. CERTIFICATION I, the undersigned (full name),_______________________________________________, certify that the information furnished on this declaration form 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.


CAPACITY:

DATE:

NAME OF FIRM:


MBD 9

12. MBD 9 – CERTIFICATE OF INDEPENDENT BID DETERMINATION

1. This Municipal Bidding Document (MBD) must form part of all bids 2 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). 3 Collusive bidding is a per se prohibition meaning that it cannot be justified under any grounds. 3. Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to:

a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract.

5. This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging.

5. In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid:


CERTIFICATE OF INDEPENDENT BID DETERMINATION: In response to the invitation for the bid made by:

KING SABATA DALINDYEBO MUNICIPALITY

I, the undersigned, in submitting the accompanying bid, hereby make the following statements that I certify to be true and complete in every respect: 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: 2 Includes price quotations, advertised competitive bids, limited bids and proposals. 3 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.

(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 4 will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: f) Prices; g) Geographical area where product or service will be rendered (market allocation h) Methods, factors or formulas used to calculate prices; i) The intention or decision to submit or not to submit, a bid; j) The submission of a bid which does not meet the specifications and conditions of the bid; or k) 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. 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.


CAPACITY: DATE:

NAME OF FIRM:

Contract C3 Part C3: Scope of Work Scope of Work

C3: Scope of work

1 Employer’s objectives The Employer’s objective is to deliver sustainable roads infrastructure projects within the King Sabata Dalindyebo municipal area in support of the municipality’s service delivery mandate. The Employer’s objective in entering into a framework contract agreement over a three year term for professional civil engineering services relating to gravel access roads within the King Sabata Dalindyebo municipal area, with a pool of six professional consulting engineers on an as and when instructed basis, is to secure the services of a specialist service provider to serve the Employer’s current and emerging needs.

2 Background

King Sabata Dalindyebo Local Municipality is a local municipality situated in the District of OR Tambo District Municipality in the inland of Eastern Cape Province in Republic of South Africa. The King Sabata Dalindyebo Local Municipality was established before the 2000 local government elections when the Mthatha and Mqanduli transitional and rural areas were merged. The municipality was named after King Sabata Dalindyebo because he was seen as a unifying figure to the people of both Mthatha and Mqanduli and was seen as a hero who fought for the freedom of South Africa. The King Sabata Dalindyebo municipality is having its main offices at the City of Mthatha and its satellite offices are located at Mqanduli. The municipality comprises two magisterial areas, viz. Mthatha and Mqanduli and their surrounding rural areas. The municipality is largely rural in character with the urban areas concentrated around the towns. It has 36 wards and cover up to 3 028 km2 in extent and had a population of 444 832 persons in 2007, which rose to 451 710 in 2011. The number of households in 2007 was 93 382, and this increased to 95 382 in 2011. The major economic activities in the municipality are forestry and agriculture, although agriculture is of more of a subsistence nature. (see Figure 1)

Figure 1: King Sabata Dalindyebo Municipality


The King Sabata Dalindyebo Municipality’s objectives is to provide reliable and efficient Transport and mobility Infrastructure for communities;

3. Overview King Sabata Dalindyebo Local Municipality (KSDLM) is the economic hub of the District and the host to both the Local and District Municipality‟s Offices. Comprising two amalgamated entities, Mthatha and Mqanduli urban and rural magisterial areas. The municipality has both an urban and a rural character, including a prominent national urban settlement and regional economic hub, as well as dispersed village-type rural settlements. In 2001, the KSDLM had a population of approximately 416 348 people and 89 697 households1, translating into an average household size of 4 persons/household. This had increased dramatically to 451 710 people and 105 240 households in 2011. Census 2011 has also revealed that the unemployment rate has decreased and the education levels have increased thereby reducing dependency ratio by approximately 19.3%. Mthatha is a major transport and regional service centre, dissected by the N2 running southwest to northeast through the town.

4 Description of the Services

The services over the term of the contract shall relate to the construction of gravel access roads. Such services may include: a) the planning, designing and reviewing of the construction of access roads including the design of

bridges, culverts, stormwater drainage and earthworks, project administration, project management, close out, as-built drawings and the identification of existing services;

b) the performance of the roles of project leader, design lead, designer, cost consultant, contract manager

and supervising agent as required by the Employer; a) acting in accordance with the provisions of an NEC Engineering and Construction Contract under the

delegation of the Employer . d) the procuring as necessary of the services of others to provide specialists studies, design advice or

services in support of the services which the consultant provides; e) monthly progress reporting to the Employer and all MIG reporting; and f) Assistance in the compiling of business plans for funding applications.

5 Requirements

5.1 The Consultant shall in the provision of the services observe all relevant statutes, by-laws and associated regulations, standards of professional conduct and industry norms established in relevant South African national standards published in terms of the Standards Act of 2008 or standards recommended by professional associations. 5.2 The key person shall be intimately involved in the provision of the services and any interactions which may be required with statutory councils and authorities. 5.3 The Consultant shall provide the services in accordance with the relevant provisions of the King Sabata Dalindyebo Municipality’s Standard Scope of Professional Services associated with the delivery of a Package (see Annexure 4).

6 Facilities and equipment to be provided by the Employer No facilities or equipment are provided by the Employer.


7 Facilities and equipment to be provided by the Consultant The Consultant shall provide all equipment and facilities required to provide the services.

8 Retention of Consultant’s documents All documents produced by the Consultant shall be retained in an electronic format that can be accessed and read by the Employer.

9 Rights to material The Consultant may use material prepared by him under the contract for any purpose.

10 Invoices

Invoices submitted shall be a Tax invoice and contain the information required by the Employer.

11 Skills development requirements

11.1 General The Consultant shall attain or exceeds a Contract Skills Development Goal in the execution of an order by providing structured work experience opportunities for persons who are residents of the OR Tambo District Municipality and who are South Africans by birth, decent or naturalisation towards registration as an engineering professional registered in terms of the Engineering Profession Act of 2000. 11.2 Contract Skills Development Goal A Contract Skills Development Goal is the number of hours of skills development opportunities that a Consultant contracts to provide in relation to work directly related to a Task Order up to Completion. The Consultant attains or exceeds the Contract Skills Development Goal in the execution of an order by providing structured work experience opportunities for residents of the King Sabata Dalindyebo Municipality and who are South Africans by birth, decent or naturalisation towards registration as an engineering professional registered in terms of the Engineering Profession Act of 2000.

11.3 Structured mentorship opportunities for candidates Mentoring associated with structured work experience for candidates is in accordance with the prescripts of the Engineering Council of South Africa (ECSA). The Consultant: a) appoints a supervisor who is actively engaged in work directly associated with the contract to issue

tasks, oversee their implementation and provide input to the candidate on an on-going basis;

b) identifies a suitable mentor for the candidate, if such candidate does not have a mentor, who enters into a mentoring agreement with the candidate or the Consultant as required by the ECSA; and

c) issues each candidate with a portfolio of evidence file which is kept up to date with all the documentation

issued or prepared including the workplace training plan and all revisions thereof as well as copies of the logbook entries and training period reports;

The mentor provides and updates from time to time a workplace training plan for a candidate outlining the activities in which the candidate will be involved that includes activities required by ECSA. The mentor requires candidates to maintain a logbook issued by ECSA. The mentor signs off such logbook at quarterly presentations and progress review meetings.


The Consultant submits to the Employer’s Agent, in respect of each candidate: a) within one month of commencing work directly related to the contract or order, a workplace training plan

together with name of the candidate’s mentor and supervisor b) within three months of commencing work directly related to the contract or order:

1) proof of registration as a candidate with the relevant professional body or statutory council; and 2) a copy of the mentorship agreement entered into with the candidate or the company mentorship

agreement entered into ECSA; c) within two weeks of updating a workplace training plan, the revised workplace training plan. d) a quarterly progress reports and a final report at the end of the structured mentorship period including

a log of exposure and interactions with the mentor in sufficient detail to demonstrate compliance with requirements, signed off by the mentor, the supervisor and the candidate.

Candidates are required by the mentor to complete training reports required by ECSA whenever a substantial activity or training period has been completed. The mentor and supervisor signs off all reports and logbooks to allow the candidate to move to other projects or employment and continue on the path towards registration where the work related to the Task Order ends for whatever reason prior to the candidate gaining sufficient experience for registration. 11.4 Granting and denial of credits Credits towards the Contract Skills Development Goal are granted by summating the hours of opportunities provided. No more than 8 hours may be claimed for any 24 hour period for any individual. Credits towards the Contract Skills Development Goal is denied should: a) the opportunities not be directly linked to the Task Order;

b) a mentorship plan for a candidate not be provided;

c) the training reports covering a period not be provided; d) the required records, specified documents and signatures not be provided; e) the structured mentorship is found not to be in accordance with the requirements of SACAP; f) the Consultant does not maintain the required training records or an audit reveals that there is

insufficient information to substantiate claims for credits; and

g) a candidate fails to present their credentials for assessment when they have, in the opinion of the mentor, sufficient structured work experience or structured mentorship to do so.

11.5 Records

The Consultant, upon termination of the opportunities provided in order to satisfy the contract skills development goal, certifies the quantum and nature of the opportunity and submits the certificate, counter-certified by the relevant individual, to the Employer's Agent for record-keeping purposes.

KING SABATA DALINDYEBO MUNICIPALITY - … Professional... · SCM: 017/2017/18 bidders will have to...

Documents

Transcript of KING SABATA DALINDYEBO MUNICIPALITY - … Professional... · SCM: 017/2017/18 bidders will have to...