TENDER NUMBER: 002 OF 2019/20sppra.co.sz/Tender/DownloadAttachment/60756/20.pdf2.1 Duration of The...

PROVISION OF SECURITY SERVICES (GUARDING)ON DESIGNATED FACILITIES AT THE MUNICIPAL COUNCIL OF

MANZINI FACILITIES Doc Ref No: SEC-TOR - 001 Revision Status: Issue 01 Revision Date: 09.08.2019

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MUNICIPAL COUNCIL OF MANZINI

QUALITY MANAGEMENT SYSTEMS

Doc Ref No. SEC-TOR- 001

Revision Status Issue 1

TENDER DOCUMENT

Revision Date 09.08.2019

Approved By DIRECTOR CORPORATE SERVICES

TENDER NUMBER: 002 OF 2019/20

PROVISION OF SECURITY SERVICES (GUARDING) ON DESIGNATED FACILITIES AT THE MUNICIPAL COUNCIL OF MANZINI FACILITIES



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TERMS OF REFERENCE

1. 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-centred

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. REQUIRED ASSIGNMENT

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 registered, competent private

security company to provide the security (guarding) services in some designated areas of its premises

and facilities. The service provider shall be a bona fide security company. Staff provided for the duties

shall not be under any criminal investigation or have been convicted of a criminal offence in any country.



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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. Compulsory Bidding Eligibility Requirement (to beincluded in the technical bids envelope)

The Bidding Documents must be submitted by the 18th October 2019, Friday at 1200 PM sharp, at the

Council Civic Offices, in the Tender Box placed at the 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. The bidding companies are required to enclose

in their technical bidding documents the below listed company documents;

Table 3.0showing 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 with current date stamp from the Registry of companies

8. Valid Company Profile with company Organogram / structure and Management and

supervisory Personnel Curriculum Vitaes (CVs).

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

10. Performance Bond/ Guarantee of E5000.00 (Five 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

4. SCOPE OF WORK

The objective of these services will be to safeguard the life and property, employees, visitors and

associates who enter the City facilities. The service provider will be awarded a contract for security

guarding services, 24 hours 7 days at specified Municipal Council facilities and premises for a duration

of 24 calendar months on the basis of consistent acceptable quality service performance by the service

provider anticipated to commence from 1st November 2019.



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Sites to be Covered

The Council Workshop

Abattoir

Pound

The Town Clerk’s House

Zakhele Market

Zakhele Community Hall and any other site that may emerge from time to time.

5. ADHERENCE TO LEGISLATIONS, STANDARDS AND BEST PRACTICE

In addition to the requirements in this document the contractor shall comply with the following

requirements;

i) SWASA Private Security Services- requirements ( SZNS 024:2013) standard

ii) Swaziland Workman’s’ compensation (Amendment) Order 1983 or subsequent legislation in

respect of statutory insurance for accident or injury to employees.

ii) Industrial Relations Act of 1980

iii) The Wages Act of 1964

iv) Criminal Procedure and Evidence Act 67 0f 1938

v) Occupational Health and Safety Act 9 of 2001

vi) The Employment Act of 1980.

6. STAFF TURNOVER

The service provider will ensure that the hiring practices and selection standards of guards are done in a

way to encourage the establishment of a reliable and stable workforce.

7. INDUCTION AND PLACEMENT OF SECURITY GUARDS

The security provider’s security personnel will have to undergo induction training regarding the site and

an emergency plan. This induction is compulsory and must be attended by the security supervisors and

guards. Any new guard must be inducted before placement on site, especially for duty within the premises

after hours, weekends and public holidays.

8. BACK-UP SUPPORT

The service provider shall be responsible for providing a well trained back-up support team for illness,

holidays or other absences and required to provide it within 2 hours. The service provider should also

provide a back-up plan, for in case of emerging once off security need by council, including the costs

implications thereto.



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9. CONSISTENCY OF ASSIGNMENT

The service provider will assign the same guards to the same work sites and shifts and restrict the use of

their employees exclusively to this contract. This is designed to ensure a work force that is dedicated and

familiar with the workplace and to reduce the needs for retraining or reorientation of guardto local

requirements. Council reserves the right to determine the suitability for reassignment of any guard

removed from a post.

10. INSPECTION AND ENFORCEMENT

In order for council to hold the service provider accountable for all aspects of service provided, the work

performance and appearance inspection and enforcement measures will be periodically carried out on

work sites.

For the duration of the contract the service provider shall provide competent and reliable persons to

control access into the premises and to maintain all the records in that guard post or station. \his/her

responsibilities shall include;

Records keeping of all incidents; accidents, complaints, non compliance to council procedures,

breakdown, site status reports, daily positions of sites.

Fencing perimeters reports; to name of few.

11. UNIFORM

The service provider shall provide a full set of uniform in new or very good condition, be of good design

deemed appropriate and consider functionality, working environment. The uniform should cater for

weather and season conditions with necessary safety clothing and equipment at commencement of

employment. All security personnel assigned to in this contract should wear the uniform at all times while

engaged in the performance of the services required and present a neat appearance that shall be easily

recognized.

Security personnel may not enter on duty unless they are wearing a complete set of uniform. Failure to

provide acceptable uniforms may be considered grounds for the guards’ removal from council premises

or facilities with no payment.

12. EQUIPMENT

All vehicles used for the carrying out the contract must be clearly marked and maintained in good

conditions. The items shall include but not limited to; torches with batteries, communication radio on site,

handcuffs, expandable button, whistle with chain attachment and all other equipment determined by

service provider to be necessary to the successful performance of the services.



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13. WORK SCHEDULE

In any given day there shall be two shifts, with shift A beginning at 0600 Hours to 1800 Hours and shift B

beginning at 1800 Hours to 0600 Hours. The assignment of the security personnel shall be as per

requirements in the specification by Council.

14. STANDARD OF PERFORMANCE

a) The service provider shall provide training and equipment to its personnel reasonably sufficient for the

efficient execution of its obligation.

b) The service provider shall perform the services with due diligence, ethical competence and efficiency

in accordance with generally accepted professional techniques and practices and furthermore provide

safe and courteous methods. The Council retains the right to request for replacement of any of the service

provider’s employees whose work is unsatisfactory

c) The council will not be liable to for acts of the service provider’s employees, which falls outside the

agreement.

d) The Municipal Council undertakes that before it instructs the Service Provider or its personnel to search

the person, property or premises of any person, it shall have obtained the witnessed consent of such

person.

e) The Municipal Council thereby authorizes the Service Provider or its security personnel, in terms of

law of the Kingdom of Eswatini, as amended, to search and arrest any person found committing an

offence on or in respect of its premises thereof.

f). The Municipal Council hereby indemnifies the Service Provider against any claim, which may be

against it arising out of a search or an arrest affected in this clause, provided that the Service Provider

complied with the applicable legislation in effecting the search or arrest.

g) Body searches of a person shall be conducted by a guard of the same sex and under no circumstances

shall body searches be conducted by a guard of the opposite sex.

h)The Municipal Council shall inform the Service Provider in writing within 48 hours of discovery of a loss,

and shall make available to the Service Provider any records or other evidence which may have a bearing



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on the investigation of the loss and shall allow the Service Provider to take statement from its employees

and agents.

i) In no case whatsoever shall the Service Provider be liable to or pay any claims or loss or damage after

the expiry of 6 (six) months from the happening of the loss or damage, unless summons has been issued

and served to the Service Provider within that period.

j) No payment will be made to the Service Provider for services not delivered.

k) The service provider shall be flexible to provide personnel for in case of any emergencies or of any

posts that may emerge at anytime.

15. 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 at least Form Two

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

interpersonal skills

iii) Energetic and fit team of security guards with age limit of not more than Fifty

(50) Years.

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

v) Senior personnel with training Certificates in security

16. 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.002 of 2019/20 Provision of Security Services”.

There will be a brief meeting and site inspection on 01st October 2019 at 14:30 Hours, Council

Chamber.

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



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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)

c) Operational/work plan (20)

(iii) Qualification & Experience of Proposed Staff;

a) The Operations Manager must have security training certificate, or experience in Police or any security

forces. (5)

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

and certificate in security management will be an added advantage. Must be in a position to write a

comprehensive report.

(10)

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

financial evaluation.

17. 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.

(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

18. Data Sheet

18.1 Name of the Client: The Municipal Council of Manzini

18.2 Method of Selection: Quality and Cost Based Selection

18.3 Name of Assignment: Provision of Security Services to Council premises and

specified facilities.

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

Tel: 25085000 Fax: 2505 3992

18.5Bids must remain valid for 90 days after the submission date

18.6 Training is a specific component of this assignment: Yes

18.7 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

18.8 Amount to be payable by the Client to the Service Provider is subject to local

taxation: Yes

18.9 The Service provider to state all costs in local currency

19.Validity of the offer

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

20. OTHER INFORMATION REQUIREMENTS

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



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

21.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)

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.

22.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.



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23. 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.

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

PROVISION OF SECURITY SERVICES (GUARDING)ON DESIGNATED FACILITIES AT THE MUNICIPAL COUNCIL OF MANZINI FACILITIES

Doc Ref No: SEC-TOR - 001 Revision Status: Issue 01 Revision Date: 09.08.2019

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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

PROVISION OF SECURITY SERVICES (GUARDING)ON DESIGNATED FACILITIES AT THE MUNICIPAL

COUNCIL OF MANZINI FACILITIES Doc Ref No: SEC-TOR - 001 Revision Status: Issue 01 Revision Date: 09.08.2019

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24. 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.

25. 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.

26. 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,

27. 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.



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28. 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 i.e.

before 11th October 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.

29. THE BIDDING DOCUMENTS

29.1 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.

29.2 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.

29.3 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.



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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.

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

29.4. LATE BIDS

Late bids will be rejected and shall be returned unopened.

29.5. 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.

29.6 FAILURE TO MEET REQUIREMENTS

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

disqualified.

30. INTENTION OF NOTICE TO AWARD

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

30.1AWARD 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.

30.2 TERMS AND CONDITIONS OF CONTRACT

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

two years.

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

warranty.



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30.2.3 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.

30.2.4 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

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.

30.3 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;

30.4 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.

30.5SUBCONTRACTORS

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.

30.6DELAYS 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.



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30.7 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:

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

vi) 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”.

vii). 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.

viii) 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.

30.8 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.

30.9 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



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the Purchaser’s convenience, the extent to which performance of the Contract is terminated, and

the date upon which such termination becomes effective.

30.10 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.

30.11 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



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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

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.



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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 ______________________

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)

FACILITY SECURITY PERSONNEL

24 hours availability of officer Occurrence book Site patrols

24 Hrs reliable communication system Sound Communication system Communication on operational updates, patrols

24 hrs availability of supervisor Availability of supervisor Accessible supervisor, call supervisors

PERIMETERS

Secure exteriors Intact perimeter fencing, filled fault register

Check doors and windows

Safe landscape Overgrowth cut to size Site patrols

PARKING

Control of facility parking procedures Council parking procedure Planned job observation

Screening of vehicles Access control register Planned job observation, inspections

Arrange for clamping of unauthorized

vehicles

Number of clamped vehicles Site patrols

Separate employee parking from visitor’s

parking

Secured parking Site Patrols



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Safe lighting in parking areas Fault register for faulty lights Inspection of registers

DELIVERY VEHICLES

Delivery vehicles park by the stores Access control register, delivery vehicles deliver and leave area

Site patrols

ACCESS CONTROL

Maintain the access control procedure Access control register On the Job observations

ENTRANCES/EXITS

Secure doors Locked doors and windows Check doors ad windows

Check alarm system Serviceable alarm system

Post signs advising 24 Hrs security Security signage Site Patrols

OPERATIONAL MANAGEMENT

Reports on updates on operations Reports Receive reports on operations

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

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