TENDER NUMBER: 001/ 2019/21 PROVISION OF PUBLIC ORDER, … · 2.1 Duration of The Assignment The...

TENDER NUMBER: 001/ 2019/21

PROVISION OF PUBLIC ORDER, SAFETY, LAW ENFORCEMENT AND

NUISACE ABATEMENT SERVICES

CLOSING DATE: THURSDAY 21st FEBRUARY 2019 @ 12 NOON

NAME OF BIDDER:

………………………………………………………………………………….

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TERMS OF REFERENCE

1.0 Background

The Municipal Council of Manzini (MCMz) is a public sector entity established in terms of the Urban

Government Act No. 8 of 1969. The Municipality derives its primary mandate to facilitate the

provision of basic municipal services for the citizens at community level and managing development

within the Manzini local space through the Urban Government Act, 1969. The Manzini City is located

in the central regions of Swaziland, about 35km South-East of Mbabane, along the Main Road (MR3),

sitting on an area size of about 2,447 hectares, with a night population size of about 28,700 (currently

estimated at 40,000) people and day-time population of over 120 000 people.

The organization has an unwavering commitment to serve the people of Manzini and as such has

adopted a service centric approach of utilizing good governance, sound judgment and customer-

centered management to deliver relevant quality services. The Council is guided by its values of being

Innovative, Accountability, Integrity and Inclusion. Our values-based approach to business is an

important element of both our continued success and our organizational culture.

The municipality has four (4) departments namely; Technical Services, Finance, Corporate Services

and Community Services.

OUR VISION

“A vibrant African city that innovatively provides quality service and economic

opportunities to its stakeholders”

MISSION STATEMENT

“To Provide Quality Municipal Services, that add value to all our customers through

governance and partnering with relevant stakeholders”.

2.0 ASSIGNMENT

The municipal Council of Manzini has a mandate to provide public order, safety, Security

and nuisance abatement services to the community and visitors of Manzini urban

jurisdiction. This service is rendered through working in collaboration with the Manzini

Royal Swaziland Police Service (REPS). The municipality provide the public order, safety

and security and nuisance abatement services through an outsourcing model by engaging

private security companies who work with municipality security personnel.

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The existing security services contract is coming to an end with the engaged private

security company and as such, the municipal Council of Manzini is seeking to engage a

competent private security company to provide the public order, safety, security and

nuisance abatement service in the city.

2.1 Duration of The Assignment

The duration of the public order, safety, security and nuisance abetment assignment and or the

contract is proposed for two (2) years or twenty-four (24) months period.

3.0 Compulsory Bidding Eligibility Requirement (to be included in the technical bids envelope)

The Bidding Documents must be submitted by the 21st February 2019, Thursday at 12:00pm

sharp, Council Civic Offices, in the Tender Box placed at Reception Area. Upon

depositing the tender document, a register must be signed with the Receptionist by the

person submitting the Bid document.

There shall be a public tender opening on the same day of 21st February 2019 at 12:00pm

sharp, Council Civic Chamber. The bidding companies are required to enclose in their

technical bidding documents the below listed company documents;

Table 3.0 showing compulsory company documents

# Required Certified Copies of Company Documents

1. Original/Valid Tax Compliance Certificate

2. Valid Certificate of Incorporation

3. Valid Trading Licence

4. Valid Labour Compliance Certificate

5. Valid Swaziland National Provident Fund (SNPF) Compliance Certificate

6. Valid Proof of purchase of RFP Document (Council receipt);

7. Valid Form-J and Form C with current date stamp from the Registry of companies

8. Valid Company Profile with amounts of undertaken assignments with company

Organogram / structure and Management Personnel Curriculum Vitaes (CVs) with

Educational Certificates.

9. Valid Signed Joint-Venture Agreement (if in joint venture partnership);

10. Performance Bond/ Guarantee of E100,000.00 (One hundred thousand

Emalangeni)

11. Valid Work Permits (if there are foreign directorates or personnel)

12. Police Clearance or affidavit of non-conviction to company directors or shareholders

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4.0 Scope of Work

The work scope is fully in line with Council’s strategy in improving safety and security around

the city to ensure there is proper maintenance of public order, safety, security and nuisance

abatement through enforcement of Council By-Laws, regulation, the Urban Government Act

and other pieces of national legislation.

4.1 Assignment Scope

The scope of service for the provision of the public order, safety, security and nuisance

abatement include but not limited to eradication, arrests, illegal goods confiscation and

collaborating /reporting to Manzini Police of criminal activities, like;

Table 4.1 showing assignment scope activities

i) Theft, fights & pickpocketing;

ii) Illegal trading, illegal public displays, and illegal goods;

iii) Public indecency, noise pollution, blocking city streets & illegal parking

iv)Parks & open spaces patrol for illegal activities i.e drug activities

v) Remove illegal mechanics/ bush mechanics operating within the city.

vi) Identification and giving warning notice to noise pollution offenders.

4.2 Specific area coverage will entail the below areas;

The specific assignment scope area coverage is the Central Business District (CBD) of the

Manzini city, patrol of townships and attendance of observable and or reported incidents.

Amongst other city areas, the main streets to be fully covered include but not limited to the

below listed;

Table 4.2 showing list of public streets in the assignment scope

1. Ngwane Street (From Traffic Circle Traffic Lights to Khoza /MR3 Traffic Lights)

2. The Manzini Main Bus Rank and Immediate Surroundings

3. Mentjies Street, Central Distributor Road, Mbandzeni Street & Mahleka Street

4. Esser Street, Du-toit Street (From intersection with Ngwane Street to Mbhabha Street)

5. Mbhabha Street

6. Masalesikhundleni Street (From Mbhabha Street to intersection with Ngwane Street)

7. Martin Street (From Magistrate Court to Intersection with Ngwane Street)

8. Louw Street (From Main Bus rank to Intersection with Nkoseluhlaza Street)

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9. Sandlane Street (From Intersection with Ngwane Street to Intersection with Nkoseluhlaza

Street)

10. Mhlakuvane Street (From Intersection with Ngwane Street to intersection with Nkoseluhlaza

Street)

11. Nkoseluhlaza Street (From intersection with Ngwane Street to Moneni/ MR3)

12. Dr. Hynd Road and Mancishane Street

13. Kelly Street, Tenbergen Street, Villiers Street, Esselen Street, Stanley Street, & Mapheka Street.

14. Mhlakuvane Street (From intersection with Nkoseluhlaza street to Southern Disrtibutor Street)

15. Sandlane Street (From intersection with Nkoseluhlaza street to Esselen Street

16. Louw Street (From intersection with Nkoseluhlaza Street to Tenbergen Street

17. Martin street (From intersection with Ngwane street to Tenbergen Street)

18. Masalesikhundleni street (From intersection with Ngwane Street to Tenbergen street)

19. Du-Toit street (From Intersection with Ngwane Street to Kelly Street)

20. Du-Toit street (From Intersection with Ngwane Street to Kelly Street)

21. Tikhuba Street

4.3 Nuisance Abatement

The nuisance abatement scope of service entails enforcing the municipality building /buildings

regulation, environmental management and fire safety regulation, animal control and

impounding and other activities found to be contravening municipality regulations and By-Laws.

4.4 Pound Operations

The municipality requires security personnel to man the pound and impounded animals as

indicated below;

To drive the impounded stray animals to dip-tank for disinfection once a week;

To herd and maintain and or keep records of all impounded stray animals;

4.5 Support Services for Environmental Health Management

Identification of overgrown plots /properties and other nuisances;

Identification, reporting and serving of notices to non-complying properties to the city laws,

policies and bylaws;

Identification of Illegal dumpsites;

Conduct general investigations of illegal dumpers and arrests.

Identification of waste /liquid waste and water spillages on pavements.

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6.0 Required Skills and Competencies

The required private security company service provider bidding on this assignment must security

expertise and experience of at least five (5) years minimum with a team consisting of the following skills

and competencies;

i) Team of security guards with minimum educational level of Grade 7/ Standard

five

ii) Team of security guards with professionalism & good communication and

interpersonal skills

iii) Energetic and fit team of security guards

iv) Company personnel must have integrity with no criminal conviction record

v) Senior personnel with training Certificates in security

8. Evaluation Criteria

The bidder must submit one (1) original and two (2) copies of Technical Proposal in sealed

envelopes. The bidder must separately submit (1) original and two (2) copies of Financial

Proposal in sealed envelopes. The Financial Proposal and or bid price must be inclusive of

Value Added Tax. All Bids must be enclosed in big envelope clearly marked outside as follows;

“Bid Submission for Municipal Council of Manzini Tender No.001 of 2019/21 Provision of

Public Order, Safety, Law enforcement and nuisance abatement Services”.

There will be a compulsory project brief meeting and site inspection on Friday the 01st

February 2019, at 09:00am, Council’s Civic Chamber.

The criteria, sub-criteria, and point system for the evaluation of Full Technical Proposals are:

Points

(i) Specific Experience of the Firm Relevant to the Assignment with values of undertaken

similar work: ( 20)

(ii) Adequacy of the proposed Methodology and Work plan in responding to the Terms of

Reference;

a) Understanding and Comments on the Terms of Reference (10)

b) Technical Approach & Methodology (30)

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Only offers determined to be substantially responsive to the technical specifications will qualify

for financial evaluation.

9.0 BID PRICE

(a) Bidders shall not be permitted to alter their bids once their bids have been submitted with

the exception of arithmetical errors which shall be adjusted at line item level based on the

offered unit price. The total bid price will be amended accordingly for the purposes of the

evaluation.

c) Operational/work plan (20)

(iii) Qualification & Experience of Proposed Staff;

a) The director and or operations manager must have security training certificate, security

supervisory skills, and a background or experience in Police or any security forces will be an

added advantage. (10)

b) Supervisors must have minimum 5-years’ continuous experience in undertaking similar

assignments and certificate in security management will be an added advantage.

(5)

c) Support Technical staff must have minimum continuous experience of 5-years in security.

(5)

Total points for the criteria : (100)

The minimum technical score required to pass is : 70 Points

The single currency for price conversions is : Emalangeni

The source of official selling rates is: Central Bank of Swaziland

The date of exchange rates is: March 2019

The formulas of determining the financial score is the following; Sf = 100 x Fm/F, in which Sf is

the financial score; Fm is the lowest price and F the price of proposal under consideration.

The weights given to the Technical and Financial Proposals are:

Technical =0.7 or 70%

Financial =0.3 or 30%

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(b) The purchaser reserves the right to accept the whole or part of any tender.

(c) The Vendor who meets the specifications would be acceptable.

(d) The Purchaser would not necessarily accept the lowest price

10.0 Data Sheet

10.1. Name of the Client: The Municipal Council of Manzini

10.2 Method of Selection: Quality and Cost Based Selection

10.3 Name of Assignment: Provision of Public Order, Safety, Law

Enforcement and nuisance abatement Services.

10.4 Address: P.O. Box 418, Manzini, M200, Manzini

Tel: 25085000 Fax: 2505 3992

10.4 Bids must remain valid for 90 days after the submission date

10.6 Training is a specific component of this assignment: Yes

10.7 Allowable reimbursable expenses:

i. Labour costs during exercise implementation

ii. Transportation costs

iii. Other administration costs such as telephone, facsimile for purposes of

the services

10.8 Amount to be payable by the Client to the Service Provider is subject to

local taxation: Yes

10.9 The Service provider to state all costs in local currency

11.0 VALIDITY OF THE OFFER

Your Proposal should be valid for 90 days from date of submission.

12.0 OTHER INFORMATION REQUIREMENTS

(a) Written confirmation authorizing the signatory of the Bid to commit the Bidder (Power of

Attorney)

(b) Bid Securing Declaration (See ANNEX 1 for template)

13.0 STANDARD TECHNICAL PROPOSAL FORMS

Please fill in/SUBMIT the following forms WITH YOUR TECHNICAL PROPOSAL

Proposal Submission Form (FORM TECH 1)

Organization’s Specific Experience relevant to the assignment (FORM TECH 2)

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Comments/suggestions on Terms of Reference (FORM TECH 3)

Description of the Approach, Methodology and Work plan for Performing the

Assignment (FORM TECH 4)

Work Schedule (FORM TECH 5)

Failure to meet any of the above listed requirements will result in immediate disqualification.

14.0 ESSENTIAL REQUIREMENTS FOR FINANCIAL PROPOSAL

The selected Organization will be awarded a twenty four-month contract which will be

renewable subject to performance evaluation. Organizations are therefore requested to make a

specific twelve-month proposal and make costs estimates for periods after the initial twelve

months.

The proposal must be denominated in local Swazi currency (SZL).

Financial Proposal Standard Forms shall be used for the preparation of the Financial

Proposal. These are;

Financial Proposal Submission Forms (FORM FIN 1)

Summary Costs (FORM FIN 2)

Breakdown of Costs by Activity (FORM FIN 3)

Failure to meet any of the essential requirements will result in immediate disqualification.

15.0 TECHNICAL PROPOSAL FORMS

FORM TECH-1: TECHNICAL SUBMISSION FORM

We the undersigned offer to provide the services for public order, safety, Security, and nuisance

abatement in accordance with your request for proposal dated (date) and our proposal. We are

submitting our Proposal in association with.............................................. (Insert a list with full

name and address of each associated organization).

We are hereby submitting our Proposal, which includes a Financial Proposal sealed under a

separate envelope.

We hereby declare that all the information and statements made in this Proposal are true and

accept that any misinterpretation contained in it may lead to our disqualification.

If negotiations are held during the period of validity of the Proposal, i.e. before the date indicated

in paragraph 1.12 of the data sheet we undertake to negotiate on the basis of the proposed staff.

Our proposal is binding upon us subject to the modifications resulting from Contract negotiations.

We undertake, if our Proposal is accepted, to initiate the management services related to the

assignment no later than indicated in Paragraph 4.7 of the data sheet.

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We understand you are not bound to accept any Proposal you receive.

Yours faithfully

Name and Address of organisation Amount and Currency

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

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

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

Authorised Signature: .................................................................................

Name and title of Signatory: ......................................................................

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FORM TECH-2

A. ORGANIZATION’S BACKGROUND (provide a brief description of the background

and organization of your entity and each associate for this assignment)

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B. ORGANIZATION’S EXPERIENCE

(Using the format below, provide information on each assignment for which your organization was

legally contracted for providing similar services to the ones requested under this assignment)

Assignment Name: Approximate value of the contract (

in currency (US$ OR SZL):

Country:

Location within country:

Duration of Assignment (months):

Name and address of

Client:

Total number of staff-months of the

assignment:

Start Date (Month/year): Approximate value of the services

provided by your organization under

the contract (in Currency US$ or

SZL):

Name of Associate

organizations, if any:

Number of senior professional staff

of your organization involved and

functions performed (indicate most

significant profiles such as Project

Director/Coordinator, Team leader):

Number of professional

Staff-months provided by

associated Organizations:

Narrative description of Project:

Description of actual services provided by your staff within the

assignment:

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FORM TECH-3: COMMENTS/SUGGESTIONS ON THE TERMS OF REFERENCE (Present and justify here any modifications or improvement to the Terms of Reference you are proposing to improve performance in carrying out the assignment (such as deleting some activity you consider unnecessary, adding another or proposing a different phasing of the activities) Such suggestions should be concise and to the point, incorporated in your proposal)

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FORM TECH-4: DESCRIPTION OF APPROACH, METHODOLOGY AND WORKPLAN FOR

PERFORMING THE ASSIGNMENT

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FORM TECH-5: WORK SCHEDULE

N0

. Activity

Months

1 2 3 4 5 6 7 8 9 10 11 12

1

2

3

4

5

6

7

8

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FINANCIAL PROPOSAL FORMS

FORM FIN-1: FINANCIAL SUBMISSION FORM

We the undersigned offer to provide the services for provision of public order, safety, security

and nuisance abatement in accordance with your request for proposal dated (Date). Our

attached Financial Proposal is for the sum of...................................... (in words and figures).

This amount is exclusive of the local taxes.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from

Contract negotiations up to expiration of the validity period of the proposal, i.e. before the date

indicated in paragraph 1.12 of the data sheet.

Name and Address of organisation Amount and Currency

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

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

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

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

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

We understand you are not bound to accept any Proposal you receive

Yours faithfully

Authorised Signature: .................................................................................

Name and Title of Signatory: ....................................................................

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Form FIN-2: Costs Summary

ITEM Costs

Currency (...............) Currency (..............)

Total Cost of Financial

Proposal

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Form FIN 3: Breakdown of Cost by Activity

Group of

Activities

Description (Short description of activities costs breakdown is provided in this form):

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

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

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

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

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

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

Cost

component Costs

Indicate currency Indicate Currency

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16. CONFIDENTIALITY

Following receipt of bids within the stipulated bid closing date, information relating to

the award of Contract shall not be disclosed until the successful bidder has been

notified of the award of Contract.

17.0 OWNERSHIP OF TENDERS

The purchaser retains ownership of all tenders received under this tender procedure.

Consequently, tenderers have no right to have their tenders returned to them.

18.0 CANCELLATION MAY OCCUR WHERE:

When no tender has been submitted within the specified deadline

When it is established that the tender documents contain terms or technical

specifications that cannot be met by any of the tenderers

The tender procedure has been unsuccessful, namely where no qualitative or financially

worthwhile tenders have been received or there has been no response to the invitation

The economic or technical parameters of the project have been fundamentally altered

Exceptional circumstances or force majeure render normal performance by the Program

under the contract impossible

All technically compliant tenders exceed the financial resources available

There have been irregularities in the procedure, in particular where these have

prevented fair competition

When the prices of all tenders meeting the terms and the technical requirements of the

tender documents are unrealistic or appear to be the product of collusion between the

tenderers, resulting in the circumvention of healthy competition,

19.0 COST OF BIDDING:

The Bidder shall bear all costs associated with the preparation and submission of its bid,

and the Municipality will in no circumstances be responsible or liable for those costs,

regardless of the conduct or outcome of the bidding process.

20. QUERIES AND CLARIFICATION

Queries pertaining to this tender should be addressed to the Director Corporate Services

[email protected] or [email protected] one week before the closing date

mailto:[email protected]

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i.e. before 21st February 2019 at 12:00pm Eswatini time. Bidders who send their queries

after this deadline will not be entertained. Responses will be made to all bidders who have

purchased the document. A prospective bidder requiring any clarification of the bidding

documents shall notify Municipal Council of Manzini in writing. Council will respond in

writing to any request for clarification of the bidding documents not later than four (4) days

prior to the deadline for the submission of bids. Written copies of the Council response

(including an explanation of the query) will be sent to all prospective bidders. Requests for

clarification and the response(s) shall form part of any final contract.

21.0 THE BIDDING DOCUMENTS

21.1 CONTENT OF BIDDING DOCUMENTS

The Bidder is expected to examine all instructions, forms, terms and specifications in

the Bidding Documents. Failure to furnish all information required by the bidding

documents or submission of a bid not substantially responsive to the Bidding

documents in every respect will result in the rejection of its bid.

21.2 AMENDMENT OF BIDDING DOCUMENTS.

a) At any time prior to the deadline for submission of bids, the municipality for any

reason, whether at its own initiative or in response to a clarification requested by a

prospective bidder, may modify the tender documents through an amendment.

b) All prospective bidders will be notified of the amendment in writing, and the

amendment will be binding on them.

c) In order to allow prospective bidders reasonable time in which to take the

amendment into account in preparing their bids, the Municipality, at its discretion,

may extend the deadline for the submission of bids.

21.3 LANGUAGE OF BIDS

a) The bid prepared by the bidder, as well as all correspondence and documents

relating to the bid, exchanged by the bidder and the municipality, shall be in the

English language. Supporting documents and printed literature provided by the

bidder may be in another language provided they are accompanied by an accurate

and certified translation of the relevant passages in the English language, in which

case, for the purposes of interpretation of the bid, the English translation shall

prevail.

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b) Package labels, inserts etc., must be provided in the English language.

21.4 LATE BIDS

Late bids will be rejected and shall be returned unopened.

21.5 INCOMPLETE BIDS

Failure to complete and return a full set of documents may result in your bid not

being considered. Any additional costs incurred by the Municipality which result from

any inaccuracies or any declarations in respect of the Goods or the bidder’s failure to

conform to the requirements of a resulting Contract will be charged to the bidder.

21.6 FAILURE TO MEET REQUIREMENTS

Failure to meet the above requirements will result in the bid being considered non-

responsive & disqualified.

21.7 INTENTION OF NOTICE TO AWARD

The intention to award contract shall be published in the SPPRA website 10 days before

the contract award.

21.8 Award of contract

After completing negotiations the Client shall award the Contract to the selected bidder, and

promptly notify all bidders who have submitted proposals. After Contract signature, the

Client shall return the unopened Financial Proposals to the unsuccessful bidders.

21.9 TERMS AND CONDITIONS OF CONTRACT

The service provider warrants that all services supplied under the Contract will be at least

two years.

The Purchaser shall promptly notify the Vendor in writing of any claims arising under this

warranty.

Upon receipt of such notice, the service provider shall, with all reasonable speed, do the

needful regarding the unaccepted service without cost to the Purchaser.

If the service provider, having been notified, fails to correct the unacceptable service within

a reasonable period, the Purchaser may proceed to take such remedial action as may be

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necessary, at the service provider’s risk and expense and without prejudice to any other

rights which the Purchaser may have against the service provider under the Contract.

21.10 PAYMENT

Payment will be made after receipt by the purchase of the service provider’s invoice

together with all required documents confirming satisfactory service has been rendered.

Payment for the Services shall be made: Thirty (30) days after delivery and acceptance of

the services rendered;

21.11 SIGNATURE OF CONTRACT AND AMENDMENT OF THE CONTRACT

No variation in or modification of the terms of the Contract shall be made except by written

amendment by the parties. At the same time as Municipality notifies the successful bidder

that its bid has been accepted, Municipality will send the bidder the Acceptance list

indicating all the items, unit prices, extended prices and lead times. As soon as practically

possible, but not more than five (5) days following receipt of the Contract, the successful

bidder shall sign and date the Contract and return it to the Municipality.

21.12 SUBCONTRACTORS

The Supplier shall notify the Purchaser in writing of all subcontracts awarded under the

Contract if not already specified in its bid. Such notification, in the original bid or letter, shall

not relieve the Supplier from any liability or obligation under the Contract.

21.13 DELAYS IN THE SUPPLIER’S PERFORMANCE

Delivery of the Services shall be made by the Vendor in accordance with the Agreement

that would be agreed upon by all parties.

An unexplained delay by the vendor in the performance of obligations shall render the

vendor liable to any or all of the following sanctions: imposition of liquidated damages,

and/or termination of the contract for default. The purchaser can also procure the service

from other sources and charge the supplier for any excess costs.

21.14 TERMINATION FOR DEFAULT

The Purchaser may, without prejudice to any other remedy for breach of contract, by written

notice of default sent to the Vendor, terminate the Contract in whole or in part:

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(i) If the Vendor fails to deliver a service within the time specified in the Contract or any

extension thereof granted by the Purchaser; or

(ii) If the Vendor persistently fails to deliver a good service

(iii) If the Vendor fails to perform any other obligation(s) under the Contract; or

(iv) If the Vendor, in the opinion of the Purchaser, has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract. For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving or soliciting of anything of value to

influence the action of an official in the procurement process or in contract execution; and

“fraudulent practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the Purchaser, and

includes collusive practice among Bidders (prior to or after bid submission) designed to

establish bid prices at artificial non-competitive levels or levels to deprive the Purchaser of

the benefits of free and open competition”.

(v) In the event that the Purchaser terminates the Contract in whole or in part, the

Purchaser may seek similar services to those not delivered, and the Vendor shall be

liable to the Purchaser for any excess costs for such similar services till a contract with

another Vendor has been issued. If the Vendor fails to reimburse the Purchaser for such

excess costs within a reasonable period, the Purchaser may seek specific performance of

the Contract.

21.15 TERMINATION FOR INSOLVENCY

The Purchaser may at any time terminate the Contract by giving written notice to the

Supplier, without compensation to the Supplier, if the Supplier becomes bankrupt or

otherwise insolvent, provided that such termination will not prejudice or affect any

right of action or remedy which has accrued or will accrue thereafter to the Purchaser.

21.16 TERMINATION FOR CONVENIENCE

The Purchaser may, by written notice sent to the Vendor, terminate the Contract, in whole

or in part, at any time for its convenience. The notice of termination shall specify that

termination is for the Purchaser’s convenience, the extent to which performance of the

Contract is terminated, and the date upon which such termination becomes effective.

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21.17 RESOLUTION OF DISPUTES

The Purchaser and the Supplier shall make every effort to resolve amicably by direct

informal negotiation any disagreement or dispute arising between them under or in

connection with the Contract. If, after thirty (30) days from the commencement of such

informal negotiations, the Purchaser and the Supplier have been unable to resolve

amicably a Contract dispute, either party may require that the dispute be referred for

resolution to the formal mechanisms specified below:

(i) In the case of a dispute between the Purchaser and a Supplier, the dispute

shall be referred to adjudication/arbitration in accordance with the Appropriate Act

(ii) In the case of a dispute between the Purchaser and a foreign Supplier, the

dispute shall be settled by arbitration in accordance with the provisions of the United

Nations Commission on International Trade Law (UNCITRAL) Arbitration

Rules.

21.18 COLLUSIVE BEHAVIOUR

A bidder must not (and shall ensure that its directors, employees, subcontractors,

consortium members, advisers or companies within its group do not):

a. fix or adjust any element of the bid by agreement or arrangement with any

other Person; or

b. communicate with any person other than the Municipality the value, price or

rates set out in the bid or information which would enable the precise or

approximate value, price or rates to be calculated by any other person; or

c. enter into any agreement or arrangement with any other person that such

other person shall refrain from submitting a bid; or

d. share, permit or disclose to another person, access to any information relating

to the bid (or another bid to which it is party) with any other person; or

e. enter into any agreement or arrangement with any other person as to the

amount of any bid submitted; or

f. offer or agree to pay or give or does pay or give any sum or sums of money,

inducement or valuable consideration directly or indirectly to any other person

for doing or having done or causing or having caused to be done, in relation to

any other bid or proposed bid, any act or omission

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ANNEXURE 1

Form of Bid-Securing Declaration

[The Bidder shall fill in this Form on their letterhead and in accordance with the

instructions indicated.]

Date: [date (as day, month and year)]

Bid No.: [number of bidding process]

Alternative No.: [insert identification No if this is a Bid for an alternative]

To: The MUNICIPAL COUNCIL OF MANZINI Tender Board

MUNICIPAL COUNCIL OF MANZINI

NGWANE /NKOSELUHLAZA STREET

P. O. BOX 418

MANZINI

ESWATINI

We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid-Securing Declaration.

We accept that we will automatically be suspended from being eligible for bidding in any contract with the Purchaser for the period of time of [number of months or years] starting on [date], if we are in breach of our obligation(s) under the bid conditions, because we:

(a) have withdrawn our Bid during the period of bid validity specified in the Letter of Bid; or

(b) having been notified of the acceptance of our Bid by the Purchaser during the period of bid validity, (i) fail or refuse to execute the Contract; or (ii) fail or refuse to furnish the Performance Security, if required, in accordance with the ITB.

We understand this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.

Name of the Bidder*

Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______

Title of the person signing the Bid ______________________

Signature of the person named above ______________________

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Date signed ________________________________ day of ___________________, _____

*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as

Bidder

**: Person signing the Bid shall have the power of attorney given by the Bidder attached to

the Bid

[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all

members to the Joint Venture that submits the bid.]

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ANNEXURE 2

MONITORING AND EVALUATION

OBJECTIVES

As it is highlighted in the introduction of the RFP, Council’s objective is to effectively and

efficiently provide public order, safety, security and nuisance abatement for improved

quality of life in the city.

Briefly, monitoring involves the routine process of data collection and measurement of

progress towards programme objectives and or goals while evaluation involves a process

that attempts to determine systematically and objectively as possible, the relevance,

effectiveness and impact of activities and projects in the light of objectives. In addition to the

terms and reference as well as duties mentioned, this serves to provide a guide for the

private security company in executing its duties in terms of the expectations. As monitoring

and evaluation is concerned, this would help the security company in improving the

efficiency and effectiveness of their work, by being able to identify problems and challenges

and their causes as well as suggest possible solutions to problems.

The monitoring and evaluation guide would be structured according to the following

categories which are first defined / explained;

Activities – refers to the actual duties or activities that are supposed to be carried out as

well as other matters related to carrying out these duties effectively.

Indicators – refers to set standards or ways as well as expectations that would indicate or

can show evidence that the activities / duties are carried out.

Monitoring Methodologies – refers to the methods or instruments as well as data sources

that would help verify the indicators.

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ACTIVITIES INDICATORS (EXPECTATIONS) MONITORING METHODOLOGIES

(DATA SOURCE)

ILLEGAL STREET VENDING

Illegal street vendors carrying

business in undesignated zones

without valid permits issued by

Council.

- Number of arrests indicated in

daily/monthly reports & police

records

- Decline in number of illegal

vendors

- Review of records/reports

- Direct observations

- Field visits/ inspections

Dealing with legal vendors conducting

catering business using paraffin flame

stoves within the bus rank.

- Offenders being reported to

Council and police

- Arrests and impounded materials

- Observations

- Site visits & inspections

Dealing with those illegal vendors

selling wares from vehicles/bakkie

stationed on public parking bays.

- Offenders being stopped

operating and reported to police

- No vehicle/bakkie found selling on

parking bays

- Site visits & inspections

Dealing with people

conducting/operating car-washing

illegal mechanics businesses without

permits.

- Arrests

- No illegal people doing car-

washing businesses

- Direct observations during site visits

and inspections

Dealing with vendors who are not up

to date with payments of permit fees.

- Closure of stalls

- Payment of debts

- Schedule updates

- Comments from vendors

Enforcement of law; Helping in curbing

pick pocketing in the city, public

indecency and other criminal activities.

- Number of arrests - Daily / monthly status reports

- Interviews of service providers

- Police records

Patrolling of streets, parks, public

places and townships

-Visibility of security personnel Spontaneous site patrols

Public indecency Number of arrests

Decline in number of offenders

Status reports

Direct observations

Joint operations to raid hot spots for

illegal drug selling.

Number of operations Joint operations with Royal Eswatini

Police

NUISANCE ABATEMENT ARREST

Dealing with shops displaying goods

outside and playing loud music.

- Controlling of noise nuisance in

- Number of shop owners warned

and arrested.

- No shops displaying goods

- Interaction with service providers

- Practical observations

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townships outside

- No property owners playing loud

music, especially during the night

Dealing with illegal advertising

banners put up without Councils

authority.

- Bringing down illegal

advertisements.

- Number of pulled down banners

and posters

- Site visits and inspections

Effectiveness in response to

instructions and attending to other

issues

- Response in other duties and

emergency situations even outside

scope of work

- Observations of post-actions

- Comments and interaction with other

stakeholders

Communication, working in

cooperation and in liaison with Council

officers.

- Monthly review meetings

- Daily strategic meetings

- Review meetings minutes

- Effectiveness of daily strategic

meetings minutes

- Interactions and one-on-one

discussions

CONTROL OF STRAY ANIMALS

The controlling of stray animals/

livestock within the city to the Council

Pound.

- Impounding of livestock

-Patrolling and identification of stray

animals within the townships and

city center.

- Site visits, observations and

inspections.

- Site patrols

Controlling of stray dogs Developed and implementation of a

plan to deal with stray dogs

Number of stray dogs impounded

or eliminated.

Spontaneous community visitations

CONTROL OF ILLEGAL DUMPING

The controlling of littering in public

places

Number of cases of arrests made

for illegal dumping

Site patrols

Monitor there be no display of litter

before schedule time

Number of offenders arrested for

putting litter in public places

Number of identified areas of litter

displayed in public places

Site patrols

MAINTANANCE OF PUBLIC ORDER

Ensure all public gatherings are

permitted.

Public gathering reports Site patrols

Collect intelligence on public meetings

and gatherings planned

Reports on planned illegal meetings

and gatherings

Reports received from company

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OPERATIONAL MANAGEMENT

Reports on updates on operations Reports Receive reports on operations

Arranged Meetings Minutes Have arranged meetings

Maintain good Work performance Spontaneous feedbacks reports Spontaneous patrols

Competent personnel Academic credentials records for

personnel

Spontaneous Academic track record

audit

Staff deployment - Security patrolling the entire city

- Actual number of guards deployed

- Observations during checks

(management by walking around)-

Council security supervisors checking

morning parades

- Signed deployment sheets

Maintaining proper records of all daily

occurrences and preparing reports.

- Daily/weekly and monthly reports - Submission of daily/ weekly and

monthly reports

SUPPORT SERVICES FOR ENVIRONMENTAL HEALTH MANAGEMENT

Identification of overgrown plots

/properties and other nuisances;

Number 0f plots/properties

identified for overgrowth

Patrols, submitted reports;

daily/weekly or monthly

Identification, reporting and serving of

notices to non-complying properties to

the city laws, policies and bylaws;

-Number of notices served per

month

Site Patrols, reports

Identification of Illegal dumpsites; Number of identified dumpsites Site patrols, reports

Conduct general investigations of

illegal dumpers and arrests.

Number of arrests made per month Reports

Identification of waste /liquid waste

and water spillages on pavements

Number of notices and arrests

made for people causing spillages.

Site patrols

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ANNEXURE 3

An attachment of the map of the Municipal boundaries to be covered during the course of

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