CHIEF ALBERT LUTHULI MUNICIPALITY
CHIEF XXXXXX XXXXXXX MUNICIPALITY
REQUEST FOR PROPOSAL: PANEL OF PROFESSIONAL SERVICE PROVIDERS (TOWN PLANNERS) FOR A PERIOD OF 36 MONTHS.
Contract No. ALMT09/2020
Chief Xxxxxx Xxxxxxx Municipality PO Box 24 CAROLINA 1185 Contact for Administration: Name: Mr Xxxxxxx Mlangeni Telephone. (000) 000 0000 | Chief Xxxxxx Xxxxxxx Municipality PO Box 24 CAROLINA 1185 Contact for Technical: Name: Mr Xxxxxxx Xxxxxxxxx Telephone. (000) 000 0000/5 |
Bidders Name …………………………………………………………………………………………………………………………….. | |
CLOSING DATE & TIME: 24 JULY 2020, 12:00
CONTENTS
1. BID INVITATION (MBD1)
2. TERMS OF REFERENCE
3. SPECIAL CONDITIONS OF CONTRACT
4. GENERAL CONDITIONS OF CONTRACT
5. PROJECT PROPOSALS BY BIDDER
6. SPECIAL REQUESTS/PROPOSALS BY TENDERER
7. FINANCIAL CONTRACT ARRANGEMENTS
8. EVALUATION CRITERIA
9. BID FORMS
9.1 TAX CLEARANCE (MBD 2)
9.2 PRICING SCHEDULE (MBD 3.3)
9.3 FORM OF OFFER AND ACCEPTANCE
9.4 DECLARATION OF INTEREST (MBD 4)
9.5 DECLARATION OF XXXXXX’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD 8)
9.6 CERTIFICATE OF INDEPENDENT BID DETERMINATION (MBD 9)
MBD1
1. INVITATION TO BID
REQUEST FOR PROPOSAL: PANEL OF TOWNSHIP PLANNERS AND SURVEYORS
BID NUMBER: ALMT09/2020 CLOSING DATE: 24 JULY 2020 CLOSING TIME: 12h00
DESCRIPTION: Chief Xxxxxx Xxxxxxx Municipality intends to appoint Township Planners and Surveyors (PSP) to render professional services to the municipality for the 36 months period
The professional disciplines required are as follows:
1. Town Planning
2. Quantity Survey
3. Environmental Management
The successful bidder will be required to fill in and sign a written Contract Form (MBD 7).
BID DOCUMENTS MAY BE
DEPOSITED IN THE BID BOX SITUATED AT:
the ground floor in the Chief Xxxxxx Xxxxxxx Municipality Head Office in CAROLINA
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 during normal office hours from 07h30 to 16h30.
ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (NOT TO BE RE-TYPED)
The following conditions will apply:
Price(s) of the bid must be firm and must be inclusive of VAT.
Submission of an Original Valid Tax Clearance Certificate from SARS.
This bid will be evaluated in terms of the 90/10 preference point system as prescribed in the Preferential Procurement Policy Framework Act (No 5 of 2000), it must be scrutinized, completed and submitted together with your bid. Please refer to Bid Forms attached in this document.
The onus lies with applicant to supply proof for any of the criteria in the abovementioned forms. Please note that if no information is supplied, the bidder will score “0” for the applicable section.
The successful service provider will be the one scoring the highest points.
No telegraphic or facsimile proposals will be considered.
The professional service provider must be registered with an appropriate professional body with NQF level 7.
The professional team proposed must include at least professionally registered person depending on the services offered.
The service providers must provide clearance from the municipality where they are based indicating that they are not in arrears with regard to their respective municipal services accounts.
Failure to comply with these conditions will invalidate your offer.
NB: No bids will be considered from persons in the service of the state1
1 MSCM Regulations: “in the service of the state” means to be –
(a) a member of –
(i) any municipal council;
(ii) any provincial legislature; or
(iii) the national Assembly or the national Council of provinces;
(b) a member of the board of directors of any municipal entity;
(c) an official of any municipality or municipal entity;
(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);
(e) a member of the accounting authority of any national or provincial public entity; or
(f) an employee of Parliament or a provincial legislature.
THE FOLLOWING PARTICULARS MUST BE FURNISHED
(FAILURE TO DO SO WILL RESULT IN YOUR BID BEING DISQUALIFIED)
NAME OF BIDDER …………………………………………………………………………………………………………
POSTAL ADDRESS
………………………………………………………………………………………………………………….
STREET ADDRESS …………………………………………………………………………………………………………………
TELEPHONE NUMBER CODE……………NUMBER…………………………………………………………………………..
CELLPHONE NUMBER …………………………………………………………………………………………………………………
FACSIMILE NUMBER CODE ………… .NUMBER…………………………………………………………………………………
VAT REGISTRATION NUMBER …………………………………………………………………………………………………………………
HAS AN ORIGINALTAX CLEARANCE CERTIFICATE BEEN ATTACHED (MBD 2)? YES/NO
ARE YOU THE ACCREDITED REPRESENTATIVE
IN SOUTH AFRICA FOR THE GOODS/SERVICES OFFERED BY YOU?
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: Chief Xxxxxx Xxxxxxx Local Municipality
Department: Supply Chain Management Unit
Contact Person: Xx XX XXXXX
Tel: 000 000 0000
Fax: 000 000 0000
ANY EQUIRIES REGARDING TECHNICAL INFORMATION MAY BE DIRECTED TO:
Contact Person: Xx XX XXXXXXX
Tel: 000 000 0000/5
Fax: 000 000 0000
2. TERMS OF REFERENCE (TOR)
PROSPECTIVE BIDDERS ARE HEREBY INVITED TO SUBMIT PROPOSALS FOR PANEL OF TOWNSHIP PLANNERS AND SURVEYORS
1. General Information:
Purpose
The Municipality is soliciting proposals from Township Planners and Surveyors.
Type of contract
The Municipality intends to appoint Township Planners and Surveyors (PSP) to render professional services to the municipality.
Submission of proposals
A single Envelope System will be used. Bidders must submit technical and financial proposals in single document in an envelope marked clearly MUNICIPAL MANAGER, CHIEF XXXXXX XXXXXXX MUNICIPALITY, BID ALMT09/2020, “ PANEL OF TOWNSHIP PLANNERS AND SURVEYORS
The sealed tenders must be deposited in the Tender Box of the Municipality on or before the closing date of 24 July 2020 at 12:00 where after they will be opened in public. Late proposals will not be accepted\considered as well as those submitted via facsimile or email.
Proposals must be accompanied by:
completed tender documents
a company profiles,
curriculum vitae of proposed members of the team,
proof of registration with relevant authorities, and
a valid tax clearance certificate.
Municipal Rates or Lease Agreement
Original or Certified Copy of B-BBEE status level Verification Certificates
Proof of CSD Registration
Failure to submit all required documents will lead to disqualification of the tender.
Proposals must be signed by an authorized agent to bind the service provider to its provisions.
Oral presentation
Finalists may be invited to present their proposals in a meeting with the municipality at a date to be advised.
B. Background:
The required service/ project is in the area of jurisdiction of Chief Xxxxxx Xxxxxxx Municipality.
2. Project Objectives The main objective for the project is to appoint a panel of Township Planners and Surveyors. Scope of Works\Deliverables Chief Xxxxxx Xxxxxxx Municipality intends to appoint Township Planners and Surveyors (PSP) to render professional services to the municipality. The professional disciplines required are as follows: 1. Town Planning 2. Environmental Management 3. Quantity Surveyor The proposals shall include areas of expertise and services rendered; the hourly rates charged by the professionals, the firms’ expertise and the available resources to execute the work. 3. Evaluation criteria A. Adjudication during the bidding process will be subject to:- Rates Functionality B-BBEE Level status B. Rates/Functionality Formula: Rates formula The formula to be used to calculate the points for price is as follows: Ps = 90 {1 – (Pt – Pmin)} Pmin where Ps = Points score for price Pt = Comparative price of bid under consideration Pmin = Comparative price of the lowest acceptable bid Functionality | |
* Note: Functionality shall be scored by not less than three evaluators in accordance with the following schedules: | |
Evaluation Schedule: Proposed Organization and Staffing | |
Evaluation Schedule: Experience of the Key Staff | |
Evaluation Schedule: Tenderer’s Experience | |
Scores of 20, 20, 60 or 100 will be allocated to each of the criteria and subcriteria based on the | |
indicators contained in these schedules. The scores of each of the evaluators will then be averaged, weighted and then totaled to obtain the final score for Functionality. | |||||||
Bidders with a final score for functionality that is below 7 | |||||||
0 will be eliminated. | |||||||
C. Direct Preferencing 10 Points will be awarded to a Tenderer for attaining their B-BBEE status level contributor in accordance with the table below: B-BBEE Status Level of Contributor Number of Points 1 10 2 9 3 8 4 5 5 4 6 3 7 2 8 1 Non-Compliant Contributor 0 Total points for Price and B-BBEE status level must not exceed 100. D. Quality Evaluation Assessment on Functionality: Assessment on Functionality of functionality with a minimum overall threshold of 70% that must be attained by the bidder before the bid can be taken to the next stage of the evaluation. Values: 0 – Poor; 1 – Acceptable; 2 – Good; 3 – Very Good; 4 – Excellent. | |||||||
No | Element | Criteria | Weight (A) | Values (B) | Weight Score A X B | ||
4 | |||||||
1 | Financial Strength | Bidder to submit Bank rating certificate/letter | 20 | 4 = Rating B or Above 3 = Rating C 2 = Rating D & below 0 = Non Rating | |||
2 | Similar Work | Attach certified copies of appointment Letters with contactable references | 40 | 4 = 4 Appointment Letters & Above 3 = 3 Appointment Letters 2 = 2 Appointment Letters 1 = 1 Appointment Letter 0 = 0 Appointment Letter | |||
3 | Qualifications of Personnel | Bidder to submit detailed CV’s with certified copies of Qualifications of their personnel. | 30 | 4 = 3 or more Qualified Town Planners or relevant field with 5 years or more experience 3 = 2 or more Qualified Town planner or relevant | |||
field with 3 years or more experience 2 = 1 or more Qualified Town Planners or relevant field with 2 years or more experience 1 = 1 or more Qualified Town Planners or relevant field with 1 year or less experience 0 = 0 for no Town Planners or relevant field | |||||||
4 | Professional body registration | At least one company director must be registered with the South African Council for Planners | 10 | Yes=10 No=0 | |||
Calculate the percentage scored for functionality The formula to be utilized to convert the functionality scores in the table above to percentages per panel member. PS = SO x 100 MS Ps = percentage scored for functionality by bid under consideration So = total score of bid under consideration Ms = maximum possible score Lastly it’s an average percentage of the bid. 4. Project Duration Chief Xxxxxx Xxxxxxx Municipality intends to appoint Township Planners and Surveyors (PSP) to render professional services to the municipality for the financial years 2020/21; 2021/22 and 2022/23. | |||||||
3. SPECIAL CONDITIONS OF CONTRACT
1. Tenders are hereby invited to submit proposals for professional and constructions services providers who specializes in Civil Engineering to assist the municipality.
2. Price(s) of the bid, which must be firm and VAT inclusive, must be valid for at least ninety (90) days from date of your offer.
3. The successful service provider, who must be registered as a service provider with the applicable professional body, will be the one scoring the highest points.
4. The successful service providers must provide clearance from the municipality where they are based indicating that they are not in arrears with regard to their respective municipal services accounts.
5. Bidders must initial all the pages of the Bid document and sign the Bidder particulars page in full. Including the Form of Offer and Acceptance page.
6. Bidders must complete the original Bid document in black ink, and notice must be taken that tip-ex may not be used in the document.
The original Bid document must be submitted together with the Technical Proposal.
8. The transaction shall be subject to any stipulations in any Act, Ordinance or By-law pertaining thereto.
9. No proposals by any person that is not competent to enter into an agreement will be considered and if it is established that it is the case, the contract agreement in this regard will be considered null and void by Council.
Disputes must be settled by means of mutual consultation, mediation (with or without legal representation) or when unsuccessful, in a South African court of law on an attorney and client scale.
Should any legal action be deemed necessary to determine any aspect arising out of these conditions or to enforce any rights in terms of these conditions, then and in that event the parties hereto agree categorically to the jurisdiction of the Magistrate’s Court to hear such action and to pass judgment notwithstanding the fact that the cause of action is beyond the jurisdiction of the Court: Provided always that Council shall have the right in its sole discretion to take action in any competent higher court in any matter exceeding the ordinary jurisdiction of the Magistrate’s Court.
4. General Conditions of Contract
4.1 PREFERENTIAL PROCUREMENT REGULATIONS, 2011
PERTAINING TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, ACT NO 5 OF 2000
1. ACRONYMS AND ABBREVIATIONS
SANAS = South African National Accreditation System IRBA = Independent Regulatory Board of Auditors EMEs = Exempted Micro Enterprises
QSE’s = Qualifying Small Enterprises
CCA = Close Corporation Act, Act No 69 of 1984 PPPFA = Preferential Procurement Policy Framework Act.
SASAE = South African Standard on Assurance Engagements BVA = BEE Verification Agency
2. B-BBEE Status Level Verification Certificates are issued by the following agencies:
a. EME: Bidders who qualify as Exempt Micro Enterprises
An enterprise with a Total Annual Revenue of less the R 5 Million per financial year
a) Accounting officers as contemplated in the CCA; or
b) Verification agencies accredited by SANAS; or
c) Registered auditors. (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).
b. QSE: Bidders who qualify as Qualifying Small Enterprises
An enterprise with a Total Annual Revenue between R 5 Million and R 35 Million per financial year
a) Verification agencies accredited by SANAS; or
b) Registered auditors approved by IRBA.
c. Generic: Bidders who qualify as Generic Enterprises
An enterprise with a Total Annual Revenue above R 35 Million per financial year
a) Verification agencies accredited by SANAS; or
b) Registered auditors approved by IRBA.
3. PREFERENCE POINT SYSTEMS
The 80/20 preference point system is applicable to bids (which is referred to as tenders in the PPPFA and the Preferential Procurement Regulations, 2011 include advertised competitive bids, written price quotations or proposals) with a Rand value equal to, or above R30 000 and up to a Rand value of R1 million (all applicable taxes included).
Institutions may apply the 80/20 preference point system to price quotations with a value less than R30 000 if and when appropriate.
The 90/10 preference point system is applicable to bids with a Rand value above R1million (all applicable taxes included).
4. B-BBEE STATUS LEVEL CERTIFICATES
Bidders are required to submit original and valid B-BBEE Status Level Verification Certificates or certified copies thereof together with their bids, to substantiate their BBBEE rating claims.
BBBEE Information Web Page 2 of 3
Bidders who do not submit B-BBEE Status Level Verification Certificates or are noncompliant contributors to B-BBEE do not qualify for preference points for B-BBEE but should not be disqualified from the bidding process. They will score points out of 90 or
80 for price only and zero (0) points out of 10 or 20 for B-BBEE.
A trust, consortium or joint venture must submit a consolidated B-BBEE Status Level Verification Certificate for every separate bid.
Public entities and tertiary institutions must also submit B-BBEE Status Level Verification Certificates together with their bids.
5. VALIDITY OF B-BBEE STATUS LEVEL VERIFICATION CERTIFICATES Verification agencies accredited by SANAS
a) These certificates are identifiable by a SANAS logo and a unique BVA number.
b) Confirmation of the validity of a B-BBEE Status Level Verification Certificate can be done by tracing the name of the issuing Verification Agency to the list of all SANAS accredited agencies.
c) The list is accessible on xxxx://xxx.xxxxx.xx.xx/xxxxxxxxx/xxxx_xxxxxxx.xxx
6. B-BBEE Status Level Verification Certificates should have the following information detailed on the face of the certificate:
a) The name and physical location of the measured entity;
b) The registration number and, where applicable, the VAT number of the measured entity;
c) The date of issue and date of expiry;
d) The certificate number for identification and reference;
e) The scorecard that was used (for example EME, QSE or Generic);
f) The name and / or logo of the Verification Agency;
g) The SANAS logo;
h) The certificate must be signed by the authorized person from the Verification Agency; and
i) The B-BBEE Status Level of Contribution obtained by the measured entity.
7. REGISTERED AUDITORS APPROVED BY INDEPENDENT REGULATORY BOARD OF AUDITORS (IRBA)
The format and content of B-BBEE Status Level Verification Certificates issued by registered auditors approved by IRBA must
a) Clearly identify the B-BBEE approved registered auditor by the auditor’s individual registration number with IRBA and the auditor’s logo;
b) Clearly record an approved B-BBEE Verification Certificate identification reference in the format required by the SASAE;
c) Reflect relevant information regarding the identity and location of the measured entity;
d) Identify the Codes of Good Practice or relevant Sector Codes applied in the determination of the scores;
e) Record the weighting points (scores) attained by the measured entity for each scorecard element, where applicable, and the measured entity’s overall B-BBEE Status Level of Contribution; and BBBEE Information Web Page 3 of 3
f) Reflect that the B-BBEE Verification Certificate and accompanying assurance report issued to the measured entity is valid for 12 months from the date of issuance and reflect both the issuance and expiry date.
Confirmation of the validity of a B-BBEE Status Level Verification Certificate can be done
by tracing the name of the issuing B-BBEE approved registered auditor to the list of all approved registered auditors. The list is accessible on xxxx://xxx.xxxxxx.xxx.xx and / xxxx://xxx.xxxx.xx.xx.
The relevant approved registered auditor may be contacted to confirm whether such a certificate was issued.
8. ACCOUNTING OFFICERS AS CONTEMPLATED IN SECTION 60(4) OF THE CCA;
These certificates will be issued in the accounting officer’s letterhead with the accounting officer’s practice number and contact number clearly specified on the face of the certificates.
The content of B-BBEE Status Level Verification Certificates issued by accounting officers as contemplated in the CCA is detailed below.
9. VERIFICATION CERTIFICATES IN RESPECT OF EMEs
In terms of the Generic Codes of Good Practice, an enterprise including a sole propriety with annual total revenue of R5 million or less qualifies as an EME.
In instances where Sector Charters are developed to address the transformation challenges of specific sectors or industries, the threshold for qualification as an EME may be different from the generic threshold of R5 million. The relevant Sector Charter thresholds will therefore be used as a basis for a potential bidder to qualify as an EME.
For example the approved thresholds for EMEs for the Tourism and Construction Sector Charters are R2.5 million and R1.5 respectively.
EMEs are deemed to have a B-BBEE status of “level four (4) contributor”. In instances where EMEs are more than 50% owned by black people, such EMEs qualify as “BBBEE status level three (3) contributors”.
Sufficient evidence to confirm a qualifying EME is a certificate issued by an Accounting Officer (as contemplated in the CCA), a similar certificate issued by a Registered Auditor or a Verification Agency.
10. WHEN CONFIRMING THE VALIDITY OF A CERTIFICATE IN RESPECT OF AN EME, THE FOLLOWING SHOULD BE DETAILED ON THE FACE OF THE CERTIFICATE:
a) The Accounting Officer’s or Registered Auditor’s letter head with full contact details;
b) The Accounting Officer’s or Registered Auditor’s practice numbers;
c) The name and the physical location of the measured entity;
d) The registration number and, where applicable, the VAT number of the measured entity;
e) The date of issue and date of expiry;
f) The B-BBEE Status Level of Contribution obtained by the measured entity; and
g) The total black shareholding and total black female shareholding.
4.2 GOVERNMENT PROCUREMENT GENERAL CONDITIONS OF CONTRACT July 2010 NOTES
The purpose of this document is to:
(i) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and (ii) To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government.
In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter.
The General Conditions of Contract will form part of all bid documents and may not be amended.
Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for every bid (if (applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.
3 TABLE OF CLAUSES
1. Definitions
2. Application
3. General
4. Standards
5. Use of contract documents and information; inspection
6. Patent rights
7. Performance security
8. Inspections, tests and analysis
9. Packing
10. Delivery and documents
11. Insurance
12. Transportation
13. Incidental services
14. Spare parts
15. Warranty
16. Payment
17. Prices
18. Contract amendments
19. Assignment
20. Subcontracts
21. Delays in the supplier’s performance
22. Penalties
23. Termination for default
24. Dumping and countervailing duties
25. Force Majeure
26. Termination for insolvency
27. Settlement of disputes
28. Limitation of liability
29. Governing language
30. Applicable law
31. Notices
32. Taxes and duties
33. National Industrial Participation Programme (XXXX)
34. Prohibition of restrictive practices 4 General Conditions of Contract
1. Definitions
1. The following terms shall be interpreted as indicated:
1.1 “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.
1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations.
1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution.
1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally.
1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.
1.7 “Day” means calendar day.
1.8 “Delivery” means delivery in compliance of the conditions of the contract or order.
1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand.
1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained.
1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA.
1.12”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable.
Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.
1.14 “GCC” means the General Conditions of Contract.
1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract.
1.16 “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured.
1.17 “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place.
1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities.
1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a service.
1.20 “Project site,” where applicable, means the place indicated in bidding documents.
1.21 “Purchaser” means the organization purchasing the goods.
1.22 “Republic” means the Republic of South Africa.
1.23 “SCC” means the Special Conditions of Contract.
1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.
1.25 “Written” or “in writing” means handwritten in ink or any form of electronic or mechanical writing.
2. Application
2.1 These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents.
2.2 Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works.
2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.
3. General
3.1 Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged.
3.2 All invitations to bid are only published in the Media, notice boards and our website xxx.xxxxxxxxxxxxx.xxx.xx
4. Standards
4.1 The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.
5. Use of contract documents and information; inspection.
5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.
5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause except for purposes of performing the contract.
5.3 Any document, other than the contract itself mentioned in GCC clause shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.
5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser.
6. Patent rights
6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser.
7. Performance security
7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC.
7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s failure to complete his obligations under the contract.
7.3 The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms:
(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or (b) a cashier’s or certified cheque
7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in SCC.
8. Inspections, tests and analyses
8.1 All pre-bidding testing will be for the account of the bidder.
8.2 If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or execution or on completion be subject to inspection, the premises of the bidder or contractor shall be open, at all reasonable hours, for inspection by a representative of the Department or an organization acting on behalf of the Department.
8.3 If there are no inspection requirements indicated in the bidding documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned.
8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.
8.5 Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier.
8.6 Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected.
8.7 Any contract supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply with the requirements of the contract.
Failing such removal the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the supplier.
8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC.
9. Packing
9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.
9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the purchaser.
10. Delivery and documents
10.1 Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract. The details of shipping and/or other documents to be furnished by the supplier are specified in SCC.
10.2 Documents to be submitted by the supplier are specified in SCC.
11. Insurance
11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC.
12. Transportation
12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified in the SCC.
13. Incidental services
13.1 The supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC:
(a) Performance or supervision of on-site assembly and/or commissioning of the supplied goods;
(b) Furnishing of tools required for assembly and/or maintenance of the supplied goods;
(c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods;
(d) Performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and
(e) Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start- up, operation, maintenance, and/or repair of the supplied goods.
13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.
14. Spare parts
14.1 As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier:
(a) Such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and
(b) In the event of termination of production of the spare parts:
(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and
(ii) following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested.
15. Warranty
15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the purchaser’s specifications) or from any
act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.
15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in SCC.
15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.
15.4 Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.
15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the purchaser may proceed to take 10 such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser may have against the supplier under the contract.
16. Payment
16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified in SCC.
16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other obligations stipulated in the contract.
16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by the supplier.
16.4 Payment will be made in Rand unless otherwise stipulated in SCC.
17. Prices
17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the supplier in his bid, with the exception of any price adjustments authorized in SCC or in the purchaser’s request for bid validity extension, as the case may be.
18. Contract amendments
18.1 No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties concerned.
19. Assignment
19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior written consent.
20. Subcontracts
20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.
21. Delays in the supplier’s performance
21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the purchaser in the contract.
21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, it is likely duration
and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract.
21.3 No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national department, provincial department, or a local authority.
21.4 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the supplies are required, or the supplier’s services are not readily available.
21.5 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause
21.2 Without the application of penalties.
21.6 Upon any delay beyond the delivery period in the case of a supplies contract, the purchaser shall, without cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.
22. Penalties
22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23.
23. Termination for default
23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may terminate this contract in whole or in part:
(a) If the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;
(b) If the Supplier fails to perform any other obligation(s) under the contract; or
(c) If the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract.
23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated.
23.3 Where the purchaser terminates the contract in whole or in part, the purchaser may decide to impose a restriction penalty on the supplier by prohibiting such supplier from doing business with the public sector for a period not exceeding 10 years.
23.4 If a purchaser intends imposing a restriction on a supplier or any person associated with the supplier, the supplier will be allowed a time period of not more than fourteen (14) days to provide reasons why the envisaged restriction should not be imposed. Should the supplier fail to respond within the stipulated fourteen (14) days the purchaser may regard the intended penalty as not objected against and may impose it on the supplier.
23.5 Any restriction imposed on any person by the Accounting Officer /
Authority will, at the discretion of the Accounting Officer / Authority, also be applicable to any other enterprise or any partner, manager, director or other person who wholly or partly exercises or exercised or may exercise control over the enterprise of the first-mentioned person, and with which enterprise or person the first-mentioned person, is or was in the opinion of the Accounting Officer / Authority actively associated.
23.6 If a restriction is imposed, the purchaser must, within five (5) working days of such imposition, furnish the National Treasury, with the following information:
(i) The name and address of the supplier and / or person restricted by the purchaser;
(ii) The date of commencement of the restriction
(iii) The period of restriction; and (iv)The reasons for the restriction.
These details will be loaded in the National Treasury’s central database of suppliers or persons prohibited from doing business with the public sector.
23.7 If a court of law convicts a person of an offence as contemplated in sections 12 or 13 of the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004, the court may also rule that such person’s name be endorsed on the Register for Tender Defaulters. When a person’s name has been endorsed on the Register, the person will be prohibited from doing business with the public sector for a period not less than five years and not more than 10 years. The National Treasury is empowered to determine the period of restriction and each case will be dealt with on its own merits. According to section 32 of the Act the Register must be open to the public.
24. Anti-dumping and countervailing duties and rights
24.1 When, after the date of bid, provisional payments are required, or antidumping or countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the contractor to the State or the State may deduct such amounts from moneys (if any) which may otherwise be due to the contractor in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him
25. Force Majeure
25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.
25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause thereof.
Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.
26. Termination for insolvency
26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, 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.
27. Settlement of Disputes
27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.
27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party.
27.3 Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of law.
27.4 Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.
27.5 Notwithstanding any reference to mediation and/or court proceedings herein,
(a) The parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and
(b) The purchaser shall pay the supplier any monies due the supplier.
28. Limitation of liability
28.1 Except in cases of criminal negligence or wilful misconduct, and in the ca e of infringement pursuant to Clause 6;
(a) The supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and
(b) The aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.
29. Governing language
29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties shall also be written in English.
30. Applicable law
30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified in SCC.
31. Notices
31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting shall be deemed to be proper service of such notice
31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be reckoned from the date of posting of such notice.
32. Taxes and duties
32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to the purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid the Department must be in possession of a tax clearance certificate, submitted by the bidder.
This certificate must be an original issued by the South African Revenue Services.
33. National Industrial Participation (NIP) Programme 34 Prohibition of Restrictive practices
33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all contracts that are subject to the NIP obligation.
34.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, an agreement between, or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder (s) is / are or a contractor(s) was / were involved in collusive bidding (or bid rigging).
34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser, has / have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in the
Competition Act No. 89 of 1998.
34.3 If a bidder(s) or contractor(s), has / have been found guilty by the
Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with the public sector for a period not exceeding ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.
1. BID FORMS
9.1. MBD 2- TAX CLEARANCE
TAX CLEARANCE REQUIREMENTS
IT IS A CONDITION OF BIDDING THAT –
2. The taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with the Receiver of Revenue to meet his / her tax obligations.
3. The attached form “Application for Tax Clearance Certificate (in respect of bidders)”, must be completed in all respects and submitted to the Receiver of Revenue where the bidder is registered for tax purposes. The Receiver of Revenue will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of twelve (12) months from date of issue. This Tax Clearance Certificate must be submitted in the original together with the bid. Failure to submit the original and valid Tax Clearance Certificate may invalidate the bid.
4. In bids where Consortia / Joint Ventures / Sub-contractors are involved each party must submit a separate Tax Clearance Certificate. Copies of the Application for Tax Clearance Certificates are available at any Receiver’s Office.
9.2 MBD 3.3 - PRICING SCHEDULE (Panel of Township Planners and Surveyors)
Name of Bidder:…………………………………………………
Bid Number: ALMT09/2020
Closing Time: 12:00
Closing Date 24 July 2020
OFFER TO BE VALID FOR DAYS FROM THE CLOSING DATE OF BID.
PRICING INSTRUCTIONS
The fee for the services rendered in shall be calculated in accordance with the latest SACPLAN GUIDELINES. .
9.3 Form of Offer and Acceptance Offer
The Employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the
procurement of:
CONTRACT PANEL OF TOWNSHIP PLANNERS AND SURVEYORS
Contract No. ALMT09/2020
The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender.
By the representative of the tenderer, deemed to be duly authorised, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the service provider under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data.
This offer may be accepted by the Employer by signing the acceptance part of this form of offer and acceptance and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the service provider in the conditions of contract identified in the contract data.
Signature Block: Tenderer |
Signature .................................................................. Date ……………………………… Name .................................................................. Capacity .................................................................. Name of organisation ...................................................................................................................................... Address of organisation.................................................................................................................................... ........................................................................................................................................................... Signature of witness .......................................................... Date ……………………………… Name of witness................................................................................................................................. |
Acceptance
By signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer's offer. In consideration thereof, the employer shall pay the service provider the amount due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer's offer shall form an agreement between the employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement
The terms of the contract, are contained in
Agreements and contract data, (which includes this agreement) Pricing data
Scope of work or TOR Site information
And drawings and documents or part thereof, which may be incorporated be reference into scope of works / TOR above.
Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this agreement No amendments to or deviations from said documents are valid unless contained in this schedule.
The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer's representative (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.
Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document including the schedule of deviations (if any). Unless the tenderer (now Contractor) within five working days of the date of such receipt notifies the employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties.
Signature Block: Employer |
Signature .................................................................. Date ……………………………… Name .................................................................. Capacity .................................................................. for the Employer Chief Xxxxxx Xxxxxxx Local Municipality Mpumalanga, Carolina, 28 Kerk Street Signature of witness .......................................................... Date ……………………………… Name of witness................................................................................................................................. |
9.4 MBD 4- DECLARATION OF INTEREST
1. No bid will be accepted from persons in the service of the state.
2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.
3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.
3.1 Full Name: …………………………………………………………………………
3.2 Identity Number: …………………………………………………………………
3.3 Company Registration Number: …………………………………………………
3.4 Tax Reference Number: …………………………………………………………
3.5 VAT Registration Number: ………………………………………………………
3.6 Are you presently in the service of the state YES/NO
3.6.1 If so, furnish particulars.
………………………………………………………………
…………….………………………………………………………………
3.7 Have you been in the service of the state for the past YES/NO twelve months?
3.7.1 If so, furnish particulars.
………………………………………………………………
………………………………………………………………
3.8 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? 3.8.1 If so, furnish particulars. ……………………………………………………………………………… ……………………………………………………………………… | YES/NO |
3.9 Are you, aware of any relationship (family, friend, other) between a bidder and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? 3.9.1 If so, furnish particulars …………………………………………………………….………………………………… ………………………………………………………. | YES/NO |
3.10 Are any of the company’s directors, managers, principle shareholders or stakeholders in service of the state? | YES/NO |
3.10.1 If so, furnish particulars. ……………………………………………………………… ……………………………………………………………… | |
3.11 Are any spouse, child or parent of the company’s directors, managers, principle shareholders or stakeholders in service of the state? 3.11.1 If so, furnish particulars. ……………………………………………………………………… ……………………………………………………………… | YES/NO |
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
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
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 | Yes | No |
4.1 | Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website(xxx.xxxxxxxx.xxx.xx) and can be accessed by clicking on its link at the bottom of the home page. | Yes | No |
4.1.1 | If so, furnish particulars: | ||
4.2 | Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (xxx.xxxxxxxx.xxx.xx) by clicking on its link at the bottom of the home page. | 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? | Yes | No |
4.3.1 | If so, furnish particulars: | ||
Item | Question | Yes | No |
4.4 | Does the bidder or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months? | Yes | No |
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? | Yes | No |
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
CERTIFICATE OF INDEPENDENT BID DETERMINATION
MBD 9
1 This Municipal Bidding Document (MBD) must form part of all bids¹ invited.
2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.
3 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.
4 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
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;
MBD 9
(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.
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