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CITY OF TSHWANE METROPOLITAN MUNICIPALITY
CONTRACT NO: OEM03-2014/15
TERMS OF REFERENCE FOR THE PANEL OF PROFESSIONAL SERVICE
PROVIDERS FOR THE CITY SUSTAINABILITY AND GREEN ECONOMY PROGRAMS
24 OCTOBER 2014
NAME OF BIDDER: ……………………………………………………………..
VENDOR NUMBER ……………………………..
Prepared by:
City of Tshwane
Metropolitan Municipality
175 C de Wett
PRETORIA
0001
Tel: (012) 358 9999
BID CLOSES
06 NOVEMBER 2014
CITY OF TSHWANE METROPOLITAN MUNICIPALITY
DEPARTMENT: OFFICE OF THE EXECUTIVE MAYOR
BIDS ARE HEREBY INVITED FROM SUPPLIERS FOR THE FOLLOWING BID:
Bid No
Description
Dept.
Contact
Person
Evaluation
criteria
Ms Dolly
Mafa,
Tel:
(012)358
6321/ 6320,
90 = price
10 = BBBEE
STATUS
Terms of Reference
OEM03-2014/15
for the panel of
professional service
providers for the City
OEM
Closing date
06 November
2014 @ 13:30
sustainability and
Green economy
programs
Bid documents are obtainable on the 24 October 2014 from 07h30 to 15h30 (Mondays to Friday) at the CoT offices,175 C de
Wett building, PRETORIA ,Tel (012) 358 9999.
Duly completed bids and supporting documents must be deposited in the bid box situated at the 175 C de
Wet building not later than 13:30 on the 06 November 2014 where bids will be opened in public.
Queries relating to the issue of these documents may be addressed to Ms D Mafa, Tel No 012 358 3621
[email protected].
Bids received after the closing date and time will not be considered. CoT does not bind itself to accept the lowest or any other bid in
whole or in part.
2
LIST OF RETURNABLE DOCUMENTS THAT SHOULD FORM
PART OF THE BID DOCUMENT.
1.
Invitation to Bids
MBD1
2.
Tax Clearance certificate
MBD2
3.
MBD4
4.
Declaration of Interest
Preference Points Claimed Form
MBD6.1
5.
Local Content
MBD6.2
6.
Contract Form
MBD 7.1
7.
Contract Form- Rendering of Service
MDB7.2
8.
Contract Form – Sale of Goods
MBD 7.3
9.
Declaration of past supply chain
MBD8
Management practice
10.
Certificate Of Independent Bid
MBD 9
Determination
NB
11.
Company registration certificate
12.
Tax Clearance certificate
13.
BBBEE Certificate
14.
Rates and Taxes
FAILURE TO COMPLETE, ATTACH OR SIGN THIS DOCUMENT WILL
RESULT IN YOUR BID NOT BEING CONSIDERED.
3
CITY OF TSHWANE METRO MUNICIPALITY
Tshwane Leadership and Management Academy
BID NAME
Terms of Reference for the panel of professional service providers for the City
sustainability and Green economy programs
BID NUMBER
OEM 03-2014/15
1
Overview of Proposal Requirements
As part of its implementation process, a Green Economy Strategic Framework that defines
City of Tshwane `s approach to a green economy transition and provide a strategic guide
for low-carbon, resource efficient and climate resilient equitable economic development
was approved . The Green Economy approach aims to improve the efficiency of natural
resource use; to improve human well-being, reduce ecological scarcities and enhance
economic growth and poverty reduction.
The green economy strategic framework highlighted that the transition to a green
economy will require the adoption of new financial models and different approach to
development, with the reconfiguration of City of Tshwane investments and a change in
modus operandi. It will also require incorporation of the high technical and practical
content in the way we are doing business and delivering the service to the community
considering the Green economy elements
Expression of Interest are therefore required to assist the City in realising its Green
Economy Strategic framework with the identified programs
Amongst others the professional service provider may be required to do the following:
Ø Management of technical documents and construction documents from
project inception to project closure;
Ø Provide the Programme management service.
4
Ø Providing consistent quality reports on a monthly basis;
Ø Feasibility studies on specific projects
Ø Cost/Financial management and analysis of the projects;
Ø Manage all professionals comprising the multi-disciplinary project delivery
teams comprising of various professionals in the built environment;
Ø Ensure that the City receives timely advice in relation to professional
services in the planning, design and implementation of the development
projects, and other issues related to the defined Scope of Work;
2
Project location
The database of the panel of the professional services will be located in the Office of the
Executive Mayor – City Sustainability Unit.
3
Roles and responsibilities of the Professionals
Ø They vary depending on the role of each professional
Ø The professionals with the following background but not limited are required
No.
Professional
Roles
Sustainability Experts
To
undertake
sustainable
development
and
climate
change interventions
2.
Programme /Project Manager
The overall management of the
green economy projects and
activities in a project.
3.
Financial models experts
To assist in developing the
financing
mechanisms
for
various sustainability programs
/projects.
4.
Resilience Planners
To undertake the urban
adaptation
and
resilience
related studies and activities
5.
Social facilitation
To undertake sustainability
outreach related programs
6.
Researchers and Scientists
To undertake research related
activities
on
sustainability
issues
1.
5
7.
4
technical To assist in incorporating
technical expertise in the
sustainability / green economy
programs
Roles of the Program Manager
·
·
·
·
·
·
·
·
·
·
·
·
·
5
Sustainability
practitioners
Management of technical documents and construction documents from project
inception to project closure;
Providing consistent quality reports on a monthly basis;
Cost/Financial management of the projects;
Provide variance reports against Project Programme and planned project
expenditure and milestones during the project life cycle;
Risk management linked with intervention measures bringing the project on track;
Ensure that the City receives timely advice in relation to professional services in
the planning, design and implementation of the development projects, and other
issues related to the defined Scope of Work;
Provide assistance and adherence to policies and programmes that foster social
and economic development of beneficiary communities;
Comply with the implementation of broad-based black economic empowerment.
The Programme Manager must indicate, at any time, how it complies with the
requirements of black economic empowerment, gender equity, including their
approach in implementing social and economic development, use of local labour
and community participation in projects;
Ensure that recommendations from the Quality Assurance Unit of the City of
Tshwane are implemented during the project life cycle;
Formulate systems of improving performance of contractors and recommend
interventions;
Preparation and maintenance of a programme detailing all projects to be
undertaken, including engineering projects such as Bulk Infrastructure Provision
related to Housing, including time frames, budgets and cash flows;
Adhere to project milestones and expenditure as stated in the Project
Implementation Plan for specific projects; and,
The transfer of skills to City officials involved in the implementation of the project
is crucial. The service provider has to outline the approach and program to be
undertaken in transferring the skills.
Documents for submission
Amongst others the following are some of the documents to be submitted:
Ø Letter of the Expression of interest
Ø Full contact details of the applicant
Ø Company financial reference and ratings bearing original stamp by the relevant bank
Ø Proof of the registration with the relevant professional body
6
Ø Proof of the Original valid SARS Certificate
Ø Declaration of the Interest
Ø Latest copy of the municipal rate and taxes of the entity or the Letter from the Tribal
authority which is less than 3 months from the closing date of this tender.
Ø Lease agreements from the landlord.
Ø Latest copy of the municipality rate and taxes of all the Directors or Senior management
team of the company
Ø Company B-BBEE Certificate
Ø Summary of the current appointments
Condition of appointment
Ø Successful candidates shall form part of the C o T panel of consultants and shall be
appointed on rotational basis as and when the projects/ needs become available. The
panel of consultants shall remain valid for a period of three years.
Ø City of Tshwane Metropolitan Municipality does not guarantee appointment of shortlisted
companies within the validity period of the panel of consultants.
Ø Consultants will be short-listed in terms of the submitted EoI, based on the B-BBEE
Status L e v e l a t t a i n e d , Technical and Functionality of the entity.
Short-listing will
be made in terms of the Preferential Procurement Policy Framework to the highest
scoring bidder.
Ø Professionals must know that CoT expects the key personnel that are nominated in the
EoI document for the execution of the project, to remain dedicated up to the completion of
the project
Ø Professionals must have A full time,
experienced person who has
professional
registration as a professional engineer, or equivalent, with adequate experience to be
appointed as “The Engineer” for the implementation of the projects, in terms of the
General Conditions of Contract 2004.
Ø Full details of the service supplier required to be supplied , among others is :
· composition of the firm in terms of shareholding;
· personnel complement;
· representation of expertise in respect of the disciplines required, e.g. accounting,
legal, educational, engineering, computer, etc.;
· national / international acceptability of experts in the various professions;
· experience as reflected in projects already dealt with; and
· Financial position.
7
·
Municipal rates account which is not more than three months old from the date of
closing date
Ø The bidders must furnish the municipality with full comprehensive particulars of—
· all consultancy services provided to an organ of state in the last five years; and
· Any similar consultancy services provided to an organ of state in the last five years.
6
Period of the data base
The professional service providers will stay in the database for a period of three years.
7
7.1
Proposal Structure & Requirements
Understanding of the Brief
A brief (max 4, A4 page) summary of the company’s interpretation of the project
implied by these terms of reference;
7.2
·
Team and Organizational Capacity]
Indicate the experience of the company, partners or co-developers on similar project. The
information should have the clear description of similar project undertaken, year, and contact
person details, name of the project, period and the project amount.
·
Clear indication of the contactable references in similar projects which are not longer than 5
years.
·
Indicate also the experience of all the key people in the project.
·
A detailed description of all members of the proposed team should be provided. Reference
must be made to: (i) the relevant qualifications, knowledge, skills, expertise and experience of
the member; (ii) the activities each member is to be involved in; and (iii) the estimated time the
member will be involved in the relevant activities.
·
The company should demonstrate ability to manage large scale programmes and projects and
possess skills and competencies in project evaluation and selection. Specific experience with
offset projects and proof of credibility showing a proven history of large scale procurement and
sales of offsets is essential.
·
The company should list volumes (CO2) traded if possible and provide a list of client references
with contact details. Also include portfolio composition in terms of carbon reduction and /or
offset projects, if any.
8
·
Any additional value-added services may also be provided (i.e. project due diligence,
developing collateral, and insurance). Detailed CVs of all members must be attached as an
annex to the proposal.
7.3
Key Dependencies
·
Outline all the enabling factors on which the project depend on
·
Indicate all the stakeholder and their roles in relation to those enabling factors
·
Indicate where exactly in the process are the factors – are they already in place; what exactly
is outstanding; who has to do what; how can the failure affect the whole project and what are
the alternatives.
7.4
Risks Management
·
Outline all the risks to be expected and the mitigating factors thereof – impact, likelihood,
response.
·
Clearly outline the process that will be undertaken when there is an injection of a new
demand to any of the activities of the projects, how will the whole value chain be affected.
7.5
Project Monitoring and Evaluation
·
Outline the monitoring and evaluation program and period thereof.
·
Indicate the preferred reporting program on progress of the project.
·
Indicate all the measurable key performance indicators for the whole project which complies to
the SMART model with clear target.
7.6
Project Benefits
Provide a clear quantitatively and qualitatively account of expected benefits to the City of
Tshwane, giving special focus to the City priorities as reflected in the Integrated
Development Plan (IDP) and the Tshwane Vision 2055.
7.7
Copyrights conditions
It should be noted and well outlined in the proposal that copyright in any document
produced, and the patent rights or ownership in any plant, machinery, thing, system
or process designed or devised, by a consultant in the course of the consultancy
service is vested in the City of Tshwane Metropolitan municipality.
9
8
Project Evaluation Criteria
Key areas of scoring:
The proposal will be measured and assessed within various key areas in respect of the
bidder’s proposal, not limited to but including:
Regional area of business interests and experience – Local and international business
interests and experience in line with the bidder’s proposal;
Ability and willingness to finance development costs – The ability and willingness to
finance all the development costs of the proposed option up to financial close;
Financing and ability to raise capital – The ability to finance and/or raise total project
capital requirement (debt and/or equity);
Localisation commitment of proposed option – Localisation approach to be followed in
order to support BBBEE/BEE, RSA registered companies and/or local individuals;
Team experience - relevant solar power generation experience of the proposed team;
Strategic intent – willingness to comply with the outlined bidder responsibilities;
Safety record – proven safety focused track record.
Technical Issues that will be taken into consideration in the qualification of bidders in the
RFP process
The CoT requires experienced companies that can operate in and support this
environment, and consequently the evaluation of the responses will be on the following
basis. Under each category various criteria and sub-criteria will be used by the evaluation
teams to evaluate the different aspects of the bids and the Adjudication Committee will
use such criteria / sub-criteria to adjudicate. In the table below, the Evaluation Criteria are
provided to assist the companies to improve the quality and robustness of their proposals.
Criteria
Financial
Resources
Technical
Capability and
Infrastructure
Description
Weighting
Companies to submit bank rating and or copies of the
audited three [3] year financial statements or since
establishment. Close corporations to submit financial
statements.
The approach and understanding of the service
provider to the assignment, and the appropriateness of
the technical solutions to the terms of reference.
15
30
10
Proposal
Organisational
experience and
ability.
Infrastructure and
Capacity of the
team to deliver
Locality
The experience of the organisation in undertaking
similar projects, and the capacities within the
organisation to undertake the assignment. Bidders to
provide a detailed list of all related experience attained
required for the evaluation of the previous experience.
In this regard the value of work, reference, length of the
assignment, resources utilised; name of the project
implemented and completed .Consultant has to clearly
illustrate the experience relevant to the assignment.
Bidders to provide a detailed list of the office facilities
and equipment that are deemed necessary to render
professional services i.e. vehicles, computers with
relevant soft wares. Telefax, emails, telephone etc. The
appropriateness of the mix of skills in the proposed
team, and quality and experience of the proposed
individuals. The qualifications of the key personnel
should be well outlined
The local companies will be given more preferences in
relation to City of Tshwane ; Gauteng Province and
Republic of South Africa
20
10
25
DETAILED EVALUATION CRITERIA
Only bidders who will score a minimum of 70 points in respect of the following functionality
criteria will be recommended for shortlisting.
CTRITERIA SUB CRITERIA
SCORE
SCORE REFERENCE COMMENTS
ALLOCATION
FROM THE
GUIDELINE
PROPOSAL
Financial
proposal
15
Proof of the
financial position
of the company –
bank statement
A detailed budget
in an activity
based format.
-Available =5
-Not available
=0
-Excellent =5
-Good =3
-Fair=2
-Poor=1
11
Technical
Capability and
Infrastructure
Proposal
30
Organisational
experience and
ability.
20
Is the estimated
expenditure of the
activities justified
/explained
-Well justified
budget(5 )
-basically
justified
budget(2 )
-insufficiently
justified budget
(1)
Sustainability and
innovation[ To
what extent does
the
proposal/program
demonstrate the
innovative
character ]
Generic
understanding of
the proposal
request
-Excellent =10
-Good =8
-Fair=5
-Poor=2
Degree of
relevance of the
project to green
economy
trajectory
-High
relevance=10
-Moderate =5
-Low
relevance=2
Number of years
of relevant
experience for the
key personnel of
the company :1014 years ; 10
years
Contactable
references in
similar projects
-Excellent =10
-Good =5
-Fair=3
-Poor=1
-5-10 years =5
-2-5 years =2
-0-2 years =1
-3 or more
positive
references = 10
-1 to 3 positive
references
contacted =5
-negative or no
reference = 0
12
Capacity of
team to deliver
10
Locality of the
company
25
9
Demonstration of
the company`s
ability to manage
large scale
projects
-Excellent =5
-Good =3
-Fair=2
-Poor=1
Training of the
City employees
-Excellent =5
-Good =3
-Fair=1
-Poor=0
-Excellent =5
-Good =3
-Fair=1
-Poor=0
A detailed
description of the
proposed project
team with
qualifications
,activities ,
qualifications
Republic of South
Africa= 5
Within the
Province=10
City of Tshwane
= 25
Submission Of The Proposals
Duly completed proposals must be submitted in the following format:
Ø One hard copy of the proposal in a separate sealed and signed envelope
bearing the applicable tender heading and reference number as well as
closing time and due date
Ø One electronic format (PDF) ON A USB MEMORY STICK
Ø Address of the submission is tender box situated at the Procurement advice
centre :
Executive Director: Supply Chain Management
C de Wet Centre [at the entrance]
175 Es’kia Mphahlele Drive
Pretoria West
13
10 APPLICANT DETAILS
In order to get clearer full information of the company kindly submit the below information:
Applicant identification
SUMMARY AND CONTACT INFORMATION REQUIRED
NAME OF THE
COMPANY
CONTACT DETAILS
Address:
Fax:
e-mail:
Tel:
Cel
COMPANY
REGISTRATION
DETAILS
Date of
registrati
on:
Registrati
on
b
Registration
number:
VAT
Person authorized to submit the Expression of Interest on behalf of the Applicant
and appropriate evidence of such authorization
TITLE
Mr/Ms/Dr/other (delete or complete as appropriate)
NAME
Surnam
e:
First
name:
POSITION
CONTACT
DETAILS
Addre
ss:
Tel:
14
Contact person if different from the above
TITLE
Mr/Ms/Dr/other (delete or complete as appropriate)
NAME
Surnam
e: First
POSITION
CONTACT
DETAILS
Addre
ss:
Tel:
Information of the Directors experience:
Nam
es of
exec
utive
direc
tors
Year
s
with
com
pan
y
Key personnel available for
appointment
N
a
m
e
Po
siti
on
Years’
experience
wit
h
com
pany
in
Civil/Elec
trical
Engineeri
ng
Consultin
g
industry
15
Relevant projects completed
Name
of
employ
er
Name
,
locatio
n and
type
of
projec
t
Name
and
contact
number
of Client
responsibl
e for
supervisio
n
Appointme
nt value
and year
Percentag
e of
participatio
n of
company
in project
if
in
JV
Were
penalties
for late
completio
n
imposed?
(Yes/No)
Summary of the current appointments
Name of
employer
Name,
location and
type of
project
Name and
contact
number of
Client
responsible
for
supervision
Appointment
value and
year
Anticipated
completion
date
16
SCORING FORMULA
Preferential points to be used will be 90/10 points system.
·
·
90 points for price
10 points for B-BBEE status (service provider to submit the certified copy of
the B-BBEE level rating certificate).
·
VALIDITY PERIOD
The Validity period for the tender after closure will be 90 days.
17
VERY IMPORTANT NOTICE ON DISQUALIFICATIONS:
A bid not complying with the peremptory requirements stated hereunder will be regarded
as not being an “Acceptable bid”, and as such will be rejected.
“Acceptable bid” means any bid which, in all respects, complies with the conditions of bid
and specifications as set out in the bid documents, including conditions as specified in the
Preferential Procurement Policy Framework Act (Act 5 of 2000) and related legislation as
published in Government Gazette number 22549, dated 10 August 2001, in terms of which
provision is made for this policy.
1. If any pages have been removed from the bid document, and have therefore not been
submitted, or a copy of the original bid document has been submitted.
2. If the bid document is completed using a pencil. Only black ink must be used to
complete the bid document.
3. THE BID HAS NOT BEEN PROPERLY SIGNED BY A PARTY HAVING THE
AUTHORITY TO DO SO ACCORDING TO THE EXAMPLE OF “AUTHORITY FOR
SIGNATORY”
4. No authority for signatory submitted (printed on bidder’s letter head) – See example,
where it is stated that a duly signed
and dated original copy of the company’s
relevant resolution (for each specific bid) of their members or their board of directors,
must be submitted.
5. The bidder attempts to influence, or has in fact influenced the evaluation and/or
awarding of the contract.
6. The bid has been submitted after the relevant closing date and time.
7. If any bidder who during the last five years has failed to perform satisfactorily on a
previous contract with the municipality, municipal entity or any other organ of state
after
written notice was given to that bidder that performance was unsatisfactory.
8. The accounting officer must ensure that irrespective of the procurement process
followed, no award may be given to a person –
(a) who is in the service of the state, or;
(b)
if that person is not a natural person, of which any director, manager,
principal shareholder or stakeholder, is a person in the service of the state; or;
18
(c) Who is an advisor or consultant contracted with the municipality in respect of
contract that would cause a conflict of interest.
9. Bid offers will be rejected if the bidder or any of his directors is listed on the Register of
Bid Defaulters in terms of the Prevention and Combating of Corrupt Activities Act of
2004 as a person prohibited from doing business with the public sector
10. Bid offers will be rejected if the bidder has abused the CoT’s Supply Chain
Management System.
11. Failure to attach a copy of a valid signed Joint Venture/Consortium agreement (if
applicable) to the bid document.
12. Failure to complete and sign the certificate of independent determination or disclosing
of wrong information.
13. An updated record of payment of rates and taxes (three months) and services to the
relevant Municipality must be attached. Failure to do so will invalidate the tender
submitted. In case were a bidder is leasing a property, lease agreement and signed or
letter from the landlord or landlady should be attached. Bidders that are residing in
Traditional lands must attach an updated letter from the Tribal Authority falling within
the bid period. If payment arrangement has been made to relevant municipality, proof
must be attached.
14. None attachment of CK/CM Certificate
Failure to submit the above will lead to immediate disqualification
----------------------------------Bidder
19
CERTIFICATE OF AUTHORITY FOR SIGNATORY
Status of concern submitting tender (delete which ever is not applicable.)
COMPANY /PARTNERSHIP /ONE-PERSON BUSINESS / CLOSE CORPORATION/
JOINT VENTURE
A.
COMPANIES
If the bidder is a company, a certified copy of the resolution of the Board of Directors, personally signed by
the chairperson of the board, authorizing the person to signs this bid to do so, as well as to sign any contract
resulting from this bid and any other documents and correspondence in connection with this bid or contract on
behalf of the company must be submitted with this Bid.
An example is shown below:
By resolution of the board of Directors on …………20….., Mr. / Ms …………………………………has been
duly authorized to sign all documents in connection with BID NO. ………………………
SIGNED ON BEHALF OF THE COMPANY: ……………………………………………………………..
IN HIS CAPACITY AS: …………………………………………………………………………………….
DATE: ………………………………………………………………………………………………………
SIGNATURE OF SIGNATORY:…………………………………………………………………………….
WITNESSES: 1. …………………………………………………………………………………………...
2. ……………………………………………………………………………………………..
20
B.
PARTNERSHIP
The following particulars in respect of every partner must be furnished and signed by every partner:
Full name of partner
Residential address
Signature
…………………………..
……………………………………………….
………………..
…………………………..
……………………………………………….
………………..
…………………………..
……………………………………………….
………………..
We, the undersigned partners in the business trading as,………………………………………………..
Hereby authorize …………………………………….. ………………………… to sign this bid as well s any contract
resulting from the bid and any other documents and correspondence in connection with this bid / or contract on our
behalf.
………………………………
………………………………….
………………………….
Signature
Signature
Signature
………………………………
………………………………….
………………………….
Date
Date
Date
C.
ONE-PERSON BUSINESS
I, the undersign ……………………………………….hereby confirm that I am the sole owner of the business
trading as ………………………………………………………………….
………………………………………..
Signature
………………………………
date
21
D.
CLOSE CORPORATION
If the case of a close corporation submitting a bid, a certified copy of the founding Statement of such
corporation shall be included with the Bid, together with a resolution by its members authorizing a member or
other official of the corporation to sign the documents and correspondence in connection with this bid or
contract on behalf of the company must be submitted with this Bid.
An example is shown below:
By resolution of the members at the meeting on the ………………………..200…….at
………………………Mr. / Ms …………………………………whose signature appear below, has been duly
authorized to sign all documents in connection with BID NO.
………………………
SIGNED ON BEHALF OF THE CLOSE CORPORATION: ………………………………………………..
IN HIS / HER CAPACITY AS:…………………………………………………………………….
DATE: ………………………………………………………………………………………………
SIGNATURE OF SIGNATORY:…………………………………………………………………….
WITNESSES: 1. ……………………………………………………………………………………...
2.………………………………………………………………………………………..
22
Certificate of Authority for Joint Ventures
This Returnable Schedule is to be completed by joint ventures.
We, the undersigned, are submitting this bid offer in Joint Venture and hereby authorize
Mr./Ms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , authorized signatory of the
company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,
acting in the capacity of lead partner, to sign all documents in connection with the bid offer
and any contract resulting from it on our behalf.
NAME OF FIRM
ADDRESS
DULY
AUTHORISED
SIGNATORY
Lead partner
Signature. . . . . . . . . . . .
.
Name ……..
Designation
Signature. . . . . . . . . . . .
.
Name ……..
Designation
Signature. . . . . . . . . . . .
.
Name ……..
Designation
Signature. . . . . . . . . . . .
.
Name ……..
Designation
23
MBD 1
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY
BID NUMBER: OEM03-2014/15
DESCRIPTION: Terms
CLOSING DATE: 06 NOVEMBER 2014
CLOSING TIME: 13:30
of Reference for the panel of professional service providers for
the City sustainability and Green economy programs
The successful bidder will be required to fill in and sign a written Contract Form (MBD 7).
BID DOCUMENTS MAY BE POSTED OR DEPOSITED TO:
175 C de Wet building
Corner E’skia Mphahlele and FW Nkomo drive
Pretoria
0001
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 24 hours a day, 7 days a week.
ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (NOT TO BE RE-TYPED)
THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE PREFERENTIAL
PROCUREMENT REGULATIONS, 2011, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY
OTHER SPECIAL CONDITIONS OF CONTRACT
NB: NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE (as defined in Regulation 1 of the
Local Government: Municipal Supply Chain Management Regulations)
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 …………
24
NUMBER…………………………………………………………………………………
E-MAIL ADDRESS…………………………………………………………………………………………………………………..
VAT REGISTRATION NUMBER…………………………………………………………………………………………………
HAS AN ORIGINAL AND VALID TAX CLEARANCE CERTIFICATE BEEN ATTACHED? (MBD 2)
YES/NO
HAS A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE BEEN SUBMITTED? (MBD 6.1)
YES/NO
IF YES, WHO WAS THE CERTIFICATE ISSUED BY?
AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA)
□
A VERIFICATION AGENCY ACCREDITED BY THE SOUITH AFRICAN NATIONAL ACCREDITATION SYSTEM (SANAS)
□
A REGISTERED AUDITOR
□
(Tick applicable box)
(A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE MUST BE SUBMITTED IN ORDER TO QUALIFY FOR
PREFERENCE POINTS FOR B-BBEE)
ARE YOU THE ACCREDITED REPRESENTATIVE
IN SOUTH AFRICA FOR THE GOODS/SERVICES/WORKS OFFERED ?
YES/NO
(IF YES ENCLOSE PROOF)
SIGNATURE OF BIDDER ………………………………………………………………………………………………………………..
DATE:………………………………………………………………
CAPACITY UNDER WHICH THIS BID IS SIGNED ……………………………………………………………………………………………
TOTAL BID PRICE……………………………………
TOTAL NUMBER OF ITEMS OFFERED
______________________________________________________________________________________________________
ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO:
Municipality / Municipal Entity: City of Tshwane Metropolitan Municipality
Department: Supply Chain Management Unit
Contact Person: Mpho Moshane
Tel: 012 358 4398
ANY ENQUIRIES REGARDING TECHNICAL INFORMATION MAY BE DIRECTED TO:
Contact Person: Ms Dolly Mafa
Tel: 012 358 6321/20
25
MBD 2
TAX CLEARANCE CERTFICATE REQUIREMENTS
It is a condition of bid that the taxes of the successful bidder must be in order, or that
satisfactory arrangements have been made with South African Revenue Service (SARS) to
meet
the bidder’s tax obligations.
1 In order to meet this requirement bidders are required to complete in full the attached form TCC 001
“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The Tax
Clearance Certificate Requirements are also applicable to foreign bidders / individuals who wish to submit
bids.
2 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one)
year
from the date of approval.
3 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original
and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax
Clearance Certificate will not be acceptable.
4 In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a separate
Tax Clearance Certificate.
5 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS
branch
office nationally or on the website www.sars.gov.za.
6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,
taxpayers will need to register with SARS as eFilers through the website www.sars.gov.za.
26
MBD 4
DECLARATION OF INTEREST
1.
No bid will be accepted from persons in the service of the state¹.
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.
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, trustee, hareholder²):………………………..
3.4 Company Registration Number: ……………………………………………………………….
3.5 Tax Reference Number:…………………………………………………………………………
3.6 VAT Registration Number: ……………………………………………………………………
3.7 The names of all directors / trustees / shareholders members, their individual identity
numbers and state employee numbers must be indicated in paragraph 4 below.
3.8 Are you presently in the service of the state?
YES / NO
3.8.1 If yes, furnish particulars. ….……………………………………………………………
……………………………………………………………………………………………..
¹MSCM 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
27
(f) an employee of Parliament or a provincial legislature.
² Shareholder” means a person who owns shares in the company and is actively involved in the
management of the company or business and exercises control over the company.
3.9
Have you been in the service of the state for the past twelve months? ………YES / NO
3.9.1 If yes, furnish particulars.………………………...……………………………………..
…………………………………………………………………………………………….
3.10 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
3.10.1 If yes, furnish particulars.
………………………………………………………………………………
…………………………………………………………………………
3.11
Are you, aware of any relationship (family, friend, other) between
any other 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
3.11.1 If yes, furnish particulars
…………………………………………………………………………………
……………………………….……............................................................
3.12 Are any of the company’s directors, trustees, managers,
principle shareholders or stakeholders in service of the state?
YES / NO
3.12.1 If yes, furnish particulars.
……………………………………………………………………………….
……………………………………………………………………………….
3.13 Are any spouse, child or parent of the company’s directors
trustees, managers, principle shareholders or stakeholders
in service of the state?
YES /NO
3.13.1 If yes, furnish particulars.
……………………………………………………………………………….
……………………………………………………………………………….
3.14 Do you or any of the directors, trustees, managers,
principle shareholders, or stakeholders of this company
have any interest in any other related companies or
business whether or not they are bidding for this contract.
YES / NO
28
3.14.1 If yes, furnish particulars:
……………………………………………………………………………..
……………………………………………………………………………..
4.
Full details of directors / trustees / members / shareholders.
Full Name
Identity Number
State Employee
Number
…………………………………..
Signature
……………………………………..
Date
………………………………….
Capacity
………………………………………
Name of Bidder
3
MBD 6.1
PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL
PROCUREMENT REGULATIONS 2011
This preference form must form part of all bids invited. It contains general information and serves as a claim
form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of
Contribution
NB:
BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,
DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE
PREFERENTIAL PROCUREMENT REGULATIONS, 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 R1 000 000 (all applicable taxes included);
and
the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes included).
1.2
The value of this bid is estimated to exceed/not exceed R1 000 000 (all applicable taxes included)
and therefore the 90/10 system shall be applicable.
1.3
Preference points for this bid shall be awarded for:
(a)
(b)
1.3.1
Price; and
B-BBEE Status Level of Contribution.
The maximum points for this bid are allocated as follows:
POINTS
1.3.1.1
PRICE
90
1.3.1.2
B-BBEE STATUS LEVEL OF CONTRIBUTION
10
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 and 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.
1.5.
The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any
time subsequently, to substantiate any claim in regard to preferences, in any manner required by the
purchaser.
2.
DEFINITIONS
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 Empowerment 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, skill 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 .
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
lots.
Should two or more bids be equal in all respects, the award shall be decided by the drawing of
4.
4.1
POINTS AWARDED FOR PRICE
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
Pt - P min ö
æ
Ps = 80ç1 ÷
P min ø
è
or
90/10
or
Pt - P min ö
æ
Ps = 90ç1 ÷
P min ø
è
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:
B-BBEE Status Level of
Contributor
Number of points
Number of points
(90/10 system)
(80/20 system)
1
10
20
2
9
18
3
8
16
4
5
12
5
4
8
6
3
6
7
2
4
8
1
2
Non-compliant
contributor
0
0
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 subcontractor 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
6.1
Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the
following:
7.
B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2
AND 5.1
7.1
B-BBEE Status Level of Contribution: ………….
=
……………(maximum of 10 or 20 points)
(Points claimed in respect of paragraph 7.1 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).
8
SUB-CONTRACTING
8.1
Will any portion of the contract be sub-contracted?
YES / NO (delete which is not applicable)
8.1.1 If yes, indicate:
(i)
what percentage of the contract will be subcontracted?
............……………….…%
(ii) the name of the sub-contractor?
…………………………………………………………..
(iii) the B-BBEE status level of the sub-contractor?
……………..
(iv) whether the sub-contractor is an EME?
YES / NO (delete which is not applicable)
9
DECLARATION WITH REGARD TO COMPANY/FIRM
9.1
Name of firm
: .................................................................................
9.2
VAT registration number
: .................................................................................
9.3
Company registration number
:
TYPE OF COMPANY/ FIRM
9.4
…………………………………………………………………….
ÿ
Partnership/Joint Venture / Consortium
ÿ
One person business/sole propriety
ÿ
Close corporation
ÿ
Company
ÿ
(Pty) Limited
[TICK APPLICABLE BOX]
9.5
DESCRIBE PRINCIPAL BUSINESS ACTIVITIES
………….. ...............................................................................................................................
……………… ..........................................................................................................................
…………….. ............................................................................................................................
9.6
COMPANY CLASSIFICATION
ÿ
ÿ
ÿ
ÿ
Manufacturer
Supplier
Professional service provider
Other service providers, e.g. transporter, etc.
[TICK APPLICABLE BOX]
9.7
MUNICIPAL INFORMATION
Municipality where business is situated
…………………………………………………………………..
Registered Account Number
Stand Number
9.8
…………………………….
……………………………………………….
TOTAL NUMBER OF YEARS THE COMPANY/FIRM HAS BEEN IN BUSINESS?
……………………………………
9.9
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
WITNESSES:
1.
………………………………………
……………………………………
SIGNATURE(S)OF BIDDER(S)
2.
………………………………………
DATE:………………………………..
ADDRESS:…………………………..
….……………………………
…………………………….…
MBD 7.1
CONTRACT FORM - PURCHASE OF GOODS/WORKS
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART 1) AND THE
PURCHASER (PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL
BIDDER AND THE PURCHASER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR
RESPECTIVE RECORDS.
PART 1 (TO BE FILLED IN BY THE BIDDER)
1.
I hereby undertake to supply all or any of the goods and/or works described in the attached bidding
documents to (name of institution)………..…………………………. in accordance with the requirements
and 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 time of bid.
2.
The following documents shall be deemed to form and be read and construed as part of this
agreement:
(i)
(ii)
(iii)
Bidding documents, viz
Invitation to bid;
Tax clearance certificate;
Pricing schedule(s);
Technical Specification(s);
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;
General Conditions of Contract; and
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 goods and/or works 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 fulfillment 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)
………………………………………….
WITNESSES
CAPACITY
………………………………………….
SIGNATURE
………………………………………….
NAME OF FIRM
DATE
1
…….……………
2.
……………………
DATE
………………………………………….
………………………………………….
MBD 7.1
CONTRACT FORM - PURCHASE OF GOODS/WORKS
PART 2 (TO BE FILLED IN BY THE PURCHASER)
1.
I……………………………………… in my capacity as…………………………………………………...…..
accept your bid under reference number ………………dated………………………for the supply of goods/works
indicated hereunder and/or further specified in the annexure(s).
2.
An official order indicating delivery instructions is forthcoming.
3.
I undertake to make payment for the goods/works delivered in accordance with the terms and
conditions of the contract, within 30 (thirty) days after receipt of an invoice accompanied by the delivery
note.
ITEM
NO.
4.
PRICE (ALL
APPLICABLE
TAXES
INCLUDED)
BRAND
DELIVERY
PERIOD
B-BBEE STATUS
LEVEL OF
CONTRIBUTION
I confirm that I am duly authorized to sign this contract.
SIGNED AT ………………………………………ON………………………………..
NAME (PRINT)…………………………………….
SIGNATURE
OFFICIAL STAMP
…………………………………….
WITNESSES
1.
……………………
2.
……………………
DATE
MBD 7.2
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:
(iv)
(v)
(vi)
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;
General Conditions of Contract; and
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 fulfillment 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
4.
PRICE (ALL
APPLICABLE TAXES
INCLUDED)
COMPLETION
DATE
B-BBEE STATUS LEVEL
OF CONTRIBUTION
I confirm that I am duly authorised to sign this contract.
SIGNED AT ………………………………………
ON
………………………………..
NAME (PRINT) ………………………………………….
SIGNATURE
OFFICIAL STAMP
…………………………………………
WITNESSES
1 ….…………………………
2 …..……………………….
DATE:
MBD 7.3
CONTRACT FORM - SALE OF GOODS/WORKS
THIS FORM MUST BE FILLED IN DUPLICATE BY BOTH THE SUCCESSFUL BIDDER (PART 1) AND THE SELLER
(PART 2). BOTH FORMS MUST BE SIGNED IN THE ORIGINAL SO THAT THE SUCCESSFUL BIDDER AND THE
SELLER WOULD BE IN POSSESSION OF ORIGINALLY SIGNED CONTRACTS FOR THEIR RESPECTIVE
RECORDS.
PART 1 (TO BE FILLED IN BY THE BIDDER)
1. I hereby undertake to purchase all or any of the goods and/or works described in the attached bidding documents
from (name of institution)……..…..…………………………. in accordance with the requirements stipulated in (bid
number)………..……….. at the price/s quoted. My offer/s remain binding upon me and open for acceptance by
the seller during the validity period indicated and calculated from the closing time of bid.
2. The following documents shall be deemed to form and be read and construed as part of this agreement:
(vii)
(viii)
(ix)
Bidding documents, viz
Invitation to bid;
Tax clearance certificate;
Pricing schedule(s);
Declaration of interest;
Declaration of Bidder’s past SCM practices;
Special Conditions of Contract;
General Conditions of Contract; and
Other (specify)
3. I confirm that I have satisfied myself as to the correctness and validity of my bid; that the price(s) quoted cover all
the goods and/or works specified in the bidding documents; that the price(s) cover all my obligations and I accept
that any mistakes regarding price(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 fulfillment of this contract.
5. I undertake to make payment for the goods/works as specified in the bidding documents.
6. I declare that I have no participation in any collusive practices with any bidder or any other person regarding this
or any other bid.
7. I confirm that I am duly authorised to sign this contract.
NAME (PRINT)
………………………………………….
CAPACITY
………………………………………….
SIGNATURE
………………………………………….
1…….…………….…….
NAME OF FIRM
………………………………………….
DATE
………………………………………….
2.………………………..
DATE:
WITNESSES
MBD 7.3
CONTRACT FORM - SALE OF GOODS/WORKS
PART 2 (TO BE FILLED IN BY THE SELLER)
1. I……………………… in my capacity as…………………………………………………...…..accept your bid under
reference number ………………dated………………………for the purchase of goods/works indicated hereunder
and/or further specified in the annexure(s).
2. I undertake to make the goods/works available in accordance with the terms and conditions of the contract.
ITEM
NO.
4.
DESCRIPTION
PRICE (ALL
APPLICABLE
TAXES INCLUDED)
I confirm that I am duly authorized to sign this contract.
SIGNED AT ………………………………………ON………………………………..
NAME (PRINT)
…………………………………….
SIGNATURE
…………………………………….
OFFICIAL STAMP
WITNESSES
3.
…………………
4.
…………………
DATE
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. willfully 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.
Item Question
Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as
4.1
companies or persons prohibited from doing business with the public sector?
(Companies or persons who are listed on this Database were informed
in writing of this restriction by the Accounting Officer/Authority of the
institution that imposed the restriction after the audi alteram partem
rule was applied).
The Database of Restricted Suppliers now resides on the National
Treasury’s website(www.treasury.gov.za) and can be accessed by
clicking on its link at the bottom of the home page.
4.1.1 If so, furnish particulars:
Yes
Yes
No
No
4.2
Is the bidder or any of its directors listed on the Register for Tender Defaulters in
terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12
of 2004)?
The Register for Tender Defaulters can be accessed on the National Treasury’s
website (www.treasury.gov.za) by clicking on its link at the bottom of the home
page.
Yes
No
Yes
No
Yes
Yes
No
No
Yes
No
4.2.1 If so, furnish particulars:
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?
4.3.1 If so, furnish particulars:
Item Question
Does the bidder or any of its directors owe any municipal rates and taxes or
4.4
municipal charges to the municipality / municipal entity, or to any other municipality
/ municipal entity, that is in arrears for more than three months?
4.4.1 If so, furnish particulars:
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?
4.7.1 If so, furnish particulars:
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.
………………………………………...
…………………………..
Signature
Date
……………………………………….
…………………………..
Position
Name of Bidder
MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
1
2
This Municipal Bidding Document (MBD) must form part of all bids¹ invited.
Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an
agreement between, or concerted practice by, firms, or a decision by an association of firms,
if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid
rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any
grounds.
3
4
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.
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:
¹ Includes price quotations, advertised competitive bids, limited bids and proposals.
² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality
of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement
between competitors not to compete.
MBD 9
CERTIFICATE OF INDEPENDENT BID DETERMINATION
I, the undersigned, in submitting the accompanying bid:
________________________________________________________________________
(Bid Number and Description)
in response to the invitation for the bid made by:
______________________________________________________________________________
(Name of Municipality / Municipal Entity)
do hereby make the following statements that I certify to be true and complete in every respect:
I certify, on behalf of:_______________________________________________________that:
(Name of Bidder)
1. I have read and I understand the contents of this Certificate;
2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and
complete in every respect;
3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of
the bidder;
4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to
determine the terms of, and to sign, the bid, on behalf of the bidder;
5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor”
shall include any individual or organization, other than the bidder, whether or not affiliated with the
bidder, who:
(a)
has been requested to submit a bid in response to this bid invitation;
(b)
could potentially submit a bid in response to this bid invitation, based on their
qualifications, abilities or experience; and
(c)
provides the same goods and services as the bidder and/or is in the same line of
business as the bidder
MBD 9
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 consortium³ 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:
(a)
prices;
(b)
geographical area where product or service will be rendered (market allocation)
(c)
methods, factors or formulas used to calculate prices;
(d)
the intention or decision to submit or not to submit, a bid;
(e)
the submission of a bid which does not meet the specifications and conditions of the
bid; or
(f)
bidding with the intention not to win the bid.
8. In addition, there have been no consultations, communications, agreements or arrangements with any
competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the
products or services to which this bid invitation relates.
9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or
indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of
the contract.
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.
MBD 9
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.
…………………………………………………
…………………………………
Signature
Date
………………………………………………….
…………………………………
Position
Name of Bidder
Js9141w 4