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ERECTION OF 10 HIGH MASTS LIGTHS
Tender No: IHLM/37/08/2018-19/TS
PROCUREMENT DOCUMENT (Based on NEC3)
Issued by:
M. Gqada
Manager Electrification Ingquza Hill Local Municipality
Contact:
Name: SCM
Telephone: 039 252 0131
Name of tenderer: . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tendered amount: R. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Ingquza Hill Local Municipality
Project Number: IHLM/37/08/2018-19/TS
Erection of 10 High Mast Lights
Contents
Number Heading
THE TENDER
Part T1: Tendering procedures
T1.1 Tender notice and invitation to tender
T1.2 Tender data
Part T2: Returnable documents
T2.1 List of returnable documents
T2.2 Returnable schedules
THE CONTRACT
Part C1: Agreements and Contract data
C1.1 Form of offer and acceptance
C1.2 Contract data Part 1 – Data by the Employer Part 2 – Data
by the Contractor
Part C2: Pricing data
C2.1 Pricing assumptions
C2.2 Price List
Part C3: Scope of work
C3 Scope of work
Part C4: Site Information
C4 Site Information
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Tender 3 T1.2 Part T1: Tendering procedures Tender Data
Ingquza Hill Local Municipality
Project Number: IHLM/37/08/2018-19/TS
Erection of 10 Highmast Lights
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Tender 4 T1.2 Part T1: Tendering procedures Tender Data
T1.1 Tender Notice and Invitation to Tender
Bids are hereby invited from suitable qualified and experienced
service providers for the following services:
CONTRACT NO. DESCRIPTION COMPULSORY BRIEFING
DATE
CLOSING DATE CIDB GRADING
IIHLM/37/08/2018-19/TS
Construction and
Installation of 10 High
Masts in Flagstaff
and Lusikisiki
14 September 2018 at
10am at Flagstaff Municipal
Offices.
28 September 2018 at
12h00 Flagstaff Municipal
Offices
5EP
Evaluation criteria: Functionality: 100 Points- Reputation in
the industry 40 points, Key personnel Experience 30 points,
Methodology 30 points. Bidders should score 70 out of 100 to
proceed to: 80/20 Price=80 points B-BBEE=20 points Submit an
original or certified copy of B-BBEE certificate to claim
preferential points.
Enquiries: Technical enquiries shall be addressed to Manager:
Electricity Services 039 252 0131/ [email protected], Supply Chain
Management at 039 252 0131 ext 229. [email protected]
Tender validity period: 90 (ninety) days after tender closing
date
REQUIRED DOCUMENTS: Potential bidders are urged to submit the
following attachments when submitting their proposals, failure to
do so will lead to disqualification.
CIDB Proof of registration
Signed Declaration forms attached on the document
CSD Proof of registration
Signed joint venture agreements by Directors
NB: Bidders are advised to arrive early, 15 minutes late arrival
will be disqualified. OBTAINING OF TENDER DOCUMENTS
Tender documents for these projects will be available and
downloadable on www.ihlm.gov.za under Terms of References
TENDER SUBMISSION AND OPENING Tenders/Proposals must be
submitted by hand at 135 Main Street, Flagstaff, 4810 (Procurement
Section) by 12:00 local time on 28 September 2018 Tenders should be
sealed, endorsed on the envelope with: IHLM/37/08/2018-19/TS
CONDITIONS OF ACCEPTANCE: The Ingquza Hill Local is under no
obligation to accept any proposal/tender and reserves the right to
accept the whole or any part of the proposal/tender. No
proposal/tenders will be considered from persons in the service of
the state, the bidder or any of its directors/shareholders is not
listed on the Register of Tender 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; the
bidder has not: abused the Employer’s Supply Chain Management
System; or failed to perform on any previous contract and has been
given a written notice to this effect.. Bidders must note that upon
award, bidders will be required to submit rates clearance
certificate from their respective municipalities. Bidders who
reside within the Municipal jurisdiction will be verified with IHLM
Revenue section. The Ingquza Hill Local Municipality’s supply chain
policy will apply in all tender stages. NB. No faxed, couriered,
emailed tenders will be accepted. The municipality reserves the
right to extend the tender period by notice in the press and on the
municipality’s official website www.ihlm.gov.za M.Fihlani Municipal
Manager
http://www.ihlm.gov.za/
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Tender 5 T1.2 Part T1: Tendering procedures Tender Data
Ingquza Hill Local Municipality
Project Number: IHLM/37/08/2018-19/TS
Erection of 10 Highmast Lights
T1.2 Tender Data
The conditions of tender are those contained in the latest
edition of SANS 10845-3, Construction Procurement – Part 3:
Standard conditions of tender. SANS 10845-3 makes several
references to the Tender Data for details that apply specifically
to this tender. The Tender Data shall have precedence in the
interpretation of any ambiguity or inconsistency between it and the
provisions of SANS 10845-3. Each item of data given below is
cross-referenced to the clause in SANS 10845-3 to which it mainly
applies.
Clause number
Tender Data
3.1 The Employer is Ingquza Hill Local Municipality
3.2 The tender documents issued by the employer comprise the
following documents: THE TENDER Part T1: Tendering procedures
T1.1 - Tender notice and invitation to tender T1.2 - Tender data
Part T2: Returnable documents
T2.1 - List of returnable documents T2.2 - Returnable schedules
THE CONTRACT Part C1: Agreements and Contract data
C1.1 - Form of offer and acceptance C1.2 - Contract data C1.3 -
Performance Bond Part C2: Pricing data
C2.1 - Pricing assumptions C2.2 - Bill of Quantities Part C3:
Scope of work
C3 - Scope of work Part C4: Site information
C4 - Site information
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Tender 6 T1.2 Part T1: Tendering procedures Tender Data
3.2 The tender documents issued by the employer comprise: Volume
1: Tendering procedures
T1.1 Tender notice and invitation to tender T1.2 Tender data
Volume 2: Returnable documents
T2.1 List of returnable documents T2.2 Returnable schedules C1.1
Form of offer and acceptance C1.2 Contract data (part 2) C2.2
Activity schedules / Bills of Quantities Volume 3: The contract
Part C1: Agreements and contract data
C1.2 Contract data (part 1) C1.3 Form of Guarantee Part C2:
Pricing data
C2.1 Pricing assumptions Part C3: Scope of work
C3 Scope of work Part C4: Site information
C4 Site information
3.2 The tender documents issued by the employer comprise the
documents listed on the contents page
3.4 The employer’s agent is : Name: Ingquza Hill Local
Municipality Address: 130 Main Street, Flagstaff, 4810 Tel: 039 252
0131 E-mail: [email protected]
3.4 The language for communications is English
3.6 The competitive negotiation procedure shall be applied.
4.1 Only those tenderers who satisfy the following eligibility
criteria and who provide the required evidence in their tender
submissions are eligible to submit tenders and have their tenders
evaluated:
4.1 Only those tenderers who are registered with the CIDB, or
are capable of being so prior to the evaluation of submissions, in
a contractor grading designation equal to or higher than a
contractor grading designation determined in accordance with the
sum tendered, or a value determined in accordance with Regulation
25 (1B) or 25(7A) of the Construction Industry Development
Regulations, for a 5EP or Higher class of construction work, are
eligible to have their tenders evaluated.
Joint ventures are eligible to submit tenders provided that: 1.
every member of the joint venture is registered with the CIDB; 2.
the lead partner has a contractor grading designation in the 5EP or
Higher class of construction work;
and 3. the combined contractor grading designation calculated in
accordance with the Construction Industry
Development Regulations is equal to or higher than a contractor
grading designation determined in accordance with the sum tendered
for a 5EP or Higher class of construction work or a value
determined in accordance with Regulation 25 (1B) or 25(7A) of the
Construction Industry Development Regulations.
The project is 6 months contract.
4.7 There is compulsory clarification meetings.
4.7 The arrangements for a compulsory clarification meeting are
as stated in the Tender Notice and Invitation to Tender. Tenderers
must sign the attendance list in the name of the tendering entity.
Addenda will be issued to and tenders will be received only from
those tendering entities appearing on the attendance list.
4.10 Tenderers are required to state the rates and currencies in
Rands
4.12 Main tender offers are not required to be submitted
together with alternative tenders.
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Tender 7 T1.2 Part T1: Tendering procedures Tender Data
4.12 No alternative tender offers will be considered
4.12
If a tenderer wishes to submit an alternative tender offer, the
only criteria permitted for such alternative tender offer is that
it demonstrably satisfies the employer’s standards and
requirements, the details of which may be obtained from the
employer’s agent. Calculations, drawings and all other pertinent
technical information and characteristics as well as modified or
proposed Pricing Data must be submitted with the alternative tender
offer to enable the employer to evaluate the efficacy of the
alternative and its principal elements, to take a view on the
degree to which the alternative complies with the employer’s
standards and requirements and to evaluate the acceptability of the
pricing proposals. Calculations must be set out in a clear and
logical sequence and must clearly reflect all design assumptions.
Pricing Data must reflect all assumptions in the development of the
pricing proposal. Acceptance of an alternative tender offer will
mean acceptance in principle of the offer. It will be an obligation
of the contract for the tenderer, in the event that the alternative
is accepted, to accept full responsibility and liability that the
alternative offer complies in all respects with the Employer’s
standards and requirements. The modified Pricing Data must include
an amount equal to 5% of the amount tendered for the alternative
offer to cover the employer’s costs in confirming the acceptability
of the detailed design.
4.13.1 Parts of each tender offer communicated on paper shall be
submitted as an original.
4.13.3 A tender security in the amount of R0 is required and
shall remain valid for a period not exceeding 0 days after the
closing date for tender offers. The form of the tender security
shall not differ substantially from the sample provided in Annex D
of SANS 10845-3.
4.13.5 4.15
The employer’s details and address for delivery of tender offers
and identification details that are to be shown on each tender
offer package are: Location of tender box: SCM Office Physical
address: 130 Main Street, Flagstaff, 4810 Identification details:
Tender reference number, Title of Tender and the closing date and
time of the tender
4.15 The closing time for submission of tender offers is as
stated in the Tender Notice and Invitation to Tender.
4.16 The tender offer validity period is 90 Days
4.19 Access shall be provided for the following inspections,
tests and analysis: Site
4.20 The tenderer is required to submit with his tender a letter
of intent from an approved insurer undertaking to provide the
Performance Bond to the format included in Part C1.3 of this
procurement document
4.22 Return all retained tender documents within 28 days after
the expiry of the validity period
5.1 The Employer will respond to requests for clarification
received up to 2 working days before the tender closing time.
5.2 The employer shall issue addenda until 1 working days before
tender closing time.
5.4 Tenders will be opened immediately after the closing time
for tenders at 12h00 hs
5.11.1 The financial offer will be reduced to a comparative
basis using the Tender Assessment Schedule.
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Tender 8 T1.2 Part T1: Tendering procedures Tender Data
5.11.5 The procedure for the evaluation of responsive tenders is
Method 4 (Financial offer, quality and preference) The total number
of tender evaluation points (TEV) shall be determined in accordance
with the following formula. TEV = f1 (NFO + NP) + f 2NQ where f1
and f2 are fractions, f1 equals 1 minus f2 and f2 equals 0.2 NFO is
the number of tender evaluation points awarded for the financial
offer made in accordance with 5.11.7 where the score for financial
offer is calculated using the following formula A = (1 - (P - Pm))
Pm and W1 equals: 1) 90 where the financial value inclusive of VAT
of all responsive tenders received have a value in excess of R50
million or 2) 80 where the financial value inclusive of VAT of one
or more responsive tender offers have a value that equals or is
less than R 50 million NP is the number of tender evaluation points
awarded for preferences claimed in accordance with the
Preferencing Schedule NQ is the number of tender evaluation
points awarded for quality offered in accordance with 5.11.9 where
W2 = 100. Up to 100 minus W1 tender evaluation points will be
awarded to tenderers who complete the referencing schedule and who
are found to be eligible for the preference claimed.
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Tender 9 T1.2 Part T1: Tendering procedures Tender Data
5.11.9 The quality criteria and maximum score in respect of each
of the criteria are as follows:
PRE-QUALIFICATION CATEGORY AND DESCRIPTION POINTS
CRITERIA Maximum possible points
Weight Maximum value
REPUTATION IN INDUSTRY 40 8
Three electrification projects signed reference letters in a
client letterhead
5
Two electrification projects signed reference letters in a
client letterhead
3
One electrification project signed reference letter in a client
letterhead
1
No electrification project signed reference letter in a client
letterhead
0
KEY PERSONNEL EXPERIENCE 30 6
CV with certified certificates of electrician with N6 or
Technician with S4/T4 having 5 years of experience in electrical
construction
5
CV with certified certificates of electrician with N6 or
Technician with S4/T4 having 5 years of experience in electrical
construction
4
CV with certified certificates of electrician with N6 or
Technician with S4/T4 having 3 years of experience in electrical
construction
3
CV with certified certificates of electrician with N6 or
Technician with S4/T4 having 2 years of experience in electrical
construction
2
CV with certified certificates of electrician with N6 or
Technician with S4/T4 having 1 year of experience in electrical
construction
1
CV with certified certificates of electrician with N6 or
Technician with S4/T4 having 0 year of experience in electrical
construction
0
QUALITY OF METHODOLOGY 30 6
Project plan plus aligned cash flow projections. With clear
relevant activities in chronological order from inception to
closeout
5
Project plan without aligned cash flow projections. With clear
relevant activities in chronological order from inception to
closeout
3
No project plan and no cash flow projections 0
Total 100
Tenderer must score a minimum of 70 points in order to proceed
to the next stage.
5.11.9 Each evaluation criteria will be assessed in terms of
five indicators – no response, poor, satisfactory, good and very
good. Scores of 0, 40, 70, 90 or 100 will be allocated to no
response, poor, satisfactory, good and very good, respectively. The
scores of each of the evaluators will be averaged, weighted and
then totalled to obtain the final score for quality.
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Tender 10 T1.2 Part T1: Tendering procedures Tender Data
5.13 Tender offers will only be accepted if: a) the tenderer is
registered on the Central Supplier Database (CSD) for the South
African government (
see https://secure.csd.gov.za/ ) unless it is a foreign supplier
with no local registered entity b) N.B: The tenderer submits a
letter of intent from an approved insurer undertaking to provide
the
Performance Bond to the format included in Part C1.3 of this
procurement document c) the tenderer is registered with the
Construction Industry Development Board in an appropriate
contractor
grading designation; d) the tenderer or any of its
directors/shareholders is not listed on the Register of Tender
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;
e) the tenderer has not: i) abused the Employer’s Supply Chain
Management System; or ii) failed to perform on any previous
contract and has been given a written notice to this effect;
5.17 The number of paper copies of the signed contract to be
provided by the employer is 1.
The additional conditions of tender are:
https://secure.csd.gov.za/
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Tender 11 T2.1 Part T2: Returnable documents List of returnable
documents
Ingquza Hill Local Municipality
Project Number: IHLM/37/08/2018-19/TS
Erection of 10 Highmast Lights
T.2.1 List of returnable documents
CIDB Proof of registration
Signed Declaration forms attached on the document
CSD Proof of registration
Signed joint venture agreements by Directors Note: Failure to
provide these documents will result in the tender not being
evaluated
2 Returnable Schedules required for tender evaluation purposes
The tenderer must complete the following returnable schedules as
relevant:
Record of Addenda to Tender Documents
Proposed amendments and qualifications
Compulsory Declaration
Municipal declaration and returnable documents
Certificate of Authority for Joint Ventures, if applicable
Preferencing Schedule: Broad Based Black Economic Empowerment
Status
Annual Financial Statements Declaration
Evaluation schedule 1:
3 Other documents required for tender evaluation purposes The
tenderer must provide the following returnable documents:
Verification certificate from a verification agency accredited
by SANAS and recognized as an Accredited B-BBEE Verification
Agencies (see www.sanas.co.za/directory/bbee_default.php) or a
registered auditors approved by IRBA if preference points are
claimed in respect of Broad-Based Black Economic Empowerment.
Suitable annual financial statements for the preceding financial
year within 12 months of the financial year end
A letter if good standing from the Compensation Fund or a
licensed insurer as contemplated in the Compensation for
Occupational Injuries and Diseases Act 1993 (Act No. 130 of
1993)
4 Returnable Schedules that will be used for tender evaluation
purposes and be incorporated into the contract
The tenderer must complete the following returnable
documents:
4 Other documents that will be incorporated into the
contract
http://www.sanas.co.za/directory/bbee_default.php
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Tender 12 T2.1 Part T2: Returnable documents List of returnable
documents
C1.1 Offer portion of Form of Offer and Acceptance
C1.2 Contract Data (Part 2)
C2.2 Price List
Failure to sign the form of offer and acceptance will render the
tender “non-responsive”
The Tenderer’s attention is drawn to Part 2 of the Contract Data
which requires the Tenderer to tender staff rates. Failure to
tender the staff rates will render the tender non-responsive.
Failure to tender the staff rates in
the prescribed manner may compromise the competitiveness of the
tenderer.
Compensation events which result in changes to the Prices are
assessed on the basis of time charges (i.e. the products of each of
the staff rates multiplied by the total staff time appropriate to
that rate properly spent on work in the contract) These staff rates
are used when making changes to the Prices in terms of the
Contract. Tenderers need to price these staff rates realistically
as they will be taken into account when evaluating tender offers –
see Tender Assessment Schedule.
The Tenderer’s attention is drawn to Part 2 of the Contract Data
which requires the Tenderer to tender a percentage for overheads
and profit added to the Defined Cost for people and a percentage
for overheads and profit added to other Defined Cost. Failure to
tender these percentages will render the tender non-responsive.
Compensation events which result in changes to the Prices are
assessed on the basis of Defined Cost (i.e. the amount paid by the
Contractor in Providing the Works (excluding any tax which the
Contractor can recover) for people employed by the Contractor,
plant and materials, work subcontracted by the Contractor and
equipment). These percentages for overheads and profit are applied
to components of Defined Cost when making changes to the Prices in
terms of the Contract. These percentages cover everything that is
not included in Defined Cost. Tenderers need to price these
percentages realistically as they will be taken into account when
evaluating tender offers – see Tender Assessment Schedule.
The Tenderer’s attention is drawn to Part 2 of the Contract Data
which requires the Tenderer to tender a direct fee percentage, a
subcontracted fee percentage and a number of other cost parameters.
Failure to tender these
percentages and cost parameters will render the tender
non-responsive.
Compensation events which result in changes to the Price are
assessed on the basis of Defined Cost (i.e. the cost of the
components in the Shorter Schedule of Cost Components whether work
is subcontracted or not, as derived from the tendered cost
parameters). These fee percentages are applied to components of
Defined Cost when making changes to the Prices in terms of the
Contract and cover everything that is not included in Defined Cost.
Tenderers need to price these percentages and the cost parameters
associated with the Schedule of Cost Components realistically as
they will be taken into account when evaluating tender offers – see
Tender Assessment Schedule.
The Prices for Work Done to Date and compensation events which
result in changes to the Price are assessed on the basis of Defined
Cost (i.e. the amount due to Subcontractors and the cost of the
components in the Schedule of Cost Components or Shorter Schedule
of Cost Components, as derived from the tendered cost parameters).
These fee percentages are applied to components of Defined Cost
when assessing the amounts due to the Contractor or making changes
to the Prices in terms of the contract and cover everything that is
not included in Defined Cost. Tenderers need to price these
percentages and the cost parameters associated with the Schedule of
Cost Components or Shorter Schedule of Cost Components
realistically as they will be taken into account when evaluating
tender offers – see Tender Assessment Schedule
The Tenderer’s attention is drawn to Part 2 of the Contract Data
which requires the Tenderer to tender a direct fee percentage and a
subcontracted fee percentage and a number of other cost parameters.
Failure to tender
these percentages and cost parameters will render the tender
non-responsive.
The Price for Work Done to Date and compensation events which
result in changes to the Prices are assessed on the basis of
Defined Cost (i.e. the amount due to Subcontractors and the prices
for work done by the Contractor himself). These percentages are
applied to components of Defined Cost when making changes to the
Prices in terms of the Contract and cover everything that is not
included in Defined Cost. Tenderers need to price these percentages
and the cost parameters associated with the Schedule of cost
Components realistically as they will be taken into account when
evaluating tender offers – see Tender Assessment Schedule.
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Tender 13 T2.2 Part T2: Returnable documents Returnable
documents
Record of Addenda to tender documents
We confirm that the following communications received from the
Employer before the submission of this tender offer, amending the
tender documents, have been taken into account in this tender
offer:
Date Title or Details
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Attach additional pages if more space is required.
Signed Date
Name Position
Tenderer
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Tender 14 T2.2 Part T2: Returnable documents Returnable
Schedules
Proposed amendments and qualifications
The Tenderer should record any deviations or qualifications he
may wish to make to the tender documents in this Returnable
Schedule. Alternatively, a tenderer may state such deviations and
qualifications in a covering letter to his tender and reference
such letter in this schedule.
The Tenderer’s attention is drawn to clause 5.8 of SANS 10845-3
regarding the employer’s handling of material deviations and
qualifications.
Page Clause or item Proposal
Signed Date
Name Position
Tenderer
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Tender 15 T2.2 Part T2: Returnable documents Returnable
Schedules
Compulsory Declaration
The following particulars must be furnished. In the case of a
joint venture, separate declaration in respect of each partner must
be completed and submitted.
Section 1: Enterprise Details
Name of enterprise:
Contact person:
Email:
Telephone:
Cell no
Fax:
Physical address
Postal address
Section 2: Particulars of companies and close corporations
Company / Close Corporation registration number
Section 3: SARS Information
Tax reference number
VAT registration number: State Not Registered if not registered
for VAT
Section 4: CIDB registration number
CIDB Registration number (if applicable)
Section 5: National Treasury Central Supplier Database
Supplier number
Unique registration reference number
Section 6: Particulars of principals
principal: means a natural person who is a partner in a
partnership, a sole proprietor, a director of a company established
in terms of the Companies Act of 2008 (Act No. 71 of 2008) or a
member of a close corporation registered in terms of the Close
Corporation Act, 1984, (Act No. 69 of 1984).
Full name of principal Identity number Personal tax reference
number
Attach separate page if necessary
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Tender 16 T2.2 Part T2: Returnable documents Returnable
Schedules
Section 7: Record in the service of the state
Indicate by marking the relevant boxes with a cross, if any
principal is currently or has been within the last 12 months in the
service of any of the following:
a member of any municipal council
a member of any provincial legislature
a member of the National Assembly or the National Council of
Province
a member of the board of directors of any municipal entity
an official of any municipality or municipal entity
an employee of any department, national or provincial public
entity or constitutional institution within the meaning of the
Public Finance Management Act of 1999 (Act No. 1 of 1999)
a member of an accounting authority of any national or
provincial public entity
an employee of Parliament or a provincial legislature
If any of the above boxes are marked, disclose the
following:
Name of principal Name of institution, public office, board or
organ
of state and position held
Status of service
(tick appropriate column)
Current Within last
12 months
*insert separate page if necessary
Section 8: Record of family member in the service of the
state
family member: a person’s spouse, whether in a marriage or in a
customary union according to indigenous law, domestic partner in a
civil union, or child, parent, brother, sister, whether such a
relationship results from birth, marriage or adoption
Indicate by marking the relevant boxes with a cross, if any
family member of a principal as defined in section 5 is currently
or has been within the last 12 months been in the service of any of
the following:
a member of any municipal council
a member of any provincial legislature
a member of the National Assembly or the National Council of
Province
a member of the board of directors of any municipal entity
an official of any municipality or municipal entity
an employee of any provincial department, national or provincial
public entity or constitutional institution within the meaning of
the Public Finance Management Act, 1999 (Act 1 of 1999)
a member of an accounting authority of any national or
provincial public entity
an employee of Parliament or a provincial legislature
Name of family member Name of institution, public office, board
or
organ of state and position held
Status of service
(tick appropriate
column)
Current Within last
12 months
*insert separate page if necessary
Section 9: Record of termination of previous contracts with an
organ of state
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Tender 17 T2.2 Part T2: Returnable documents Returnable
Schedules
Was any contract between the tendering entity including any of
its joint venture partners terminated during the
past 5 years for reasons other than the employer no longer
requiring such works or the employer failing to
make payment in terms of the contract.
Yes No (Tick appropriate box)
If yes, provide particulars (interest separate page if
necessary)
Section 10: Declaration
The undersigned, who warrants that he / she is duly authorised
to do so on behalf of the tendering entity
confirms that the contents of this Declaration are within my
personal knowledge, and save where stated
otherwise in an attachment hereto, are to the best of my belief
both true and correct, and:
i) neither the name of the tendering entity or any of its
principals appears on:
a) the Register of Tender Defaulters established in terms of the
Prevention and Combating of Corrupt
Activities Act of 2004 (Act No. 12 of 2004)
b) National Treasury’s Database of Restricted Suppliers (see
www.treasury.gov.za)
ii) neither the tendering entity of any of its principals has
within the last five years been convicted of fraud or
corruption by a court of law (including a court outside of the
Republic of South Africa);
iii) any principal who is presently employed by the state has
the necessary permission to undertake
remunerative work outside such employment (attach permission to
this declaration);
iv) the tendering entity is not associated, linked or involved
with any other tendering entities submitting tender
offers
v) has not engaged in any prohibited restrictive horizontal
practices including consultation, communication,
agreement, or arrangement with any competing or potential
tendering entity regarding prices, geographical
areas in which goods and services will be rendered, approaches
to determining prices or pricing
parameters, intentions to submit a tender or not, the content of
the submission (specification, timing,
conditions of contract etc) or intention to not win a
tender;
vi) has no other relationship with any of the tenderers or those
responsible for compiling the scope of work
that could cause or be interpreted as a conflict of
interest;
vii) neither the tenderer or any of its principals owes
municipal rates and taxes or municipal service charges to
any municipality or a municipal entity and are not in arrears
for more than 3 months;
viii) SARS may, on an on-going basis during the term of the
contract, disclose the tenderer’s tax compliance
status to the Employer and when called upon to do so, obtain the
written consent of any subcontractors
who are subcontracted to execute a portion of the contract that
is entered into in excess of the threshold
prescribed by the National Treasury, for SARS to do
likewise.
Signed
Date
Name Position
Enterprise name
NOTE 1 The Standard Conditions of Tender contained in SANS
10845-3 prohibits anticompetitive practices (clause 3.1) and
requires that tenderers avoid conflicts of interest, only submit a
tender offer if the tenderer or any of his principals is not under
any restriction to do business with employer (4.1.1) and submit
only one tender either as a single tendering entity or as a member
in a joint venture (clause 4.13.1). Clause 5.7 also empowers the
Employer to disqualify any tenderer who engages in fraudulent and
corrupt practice. Clause 3.1 also requires tenderers to comply with
all legal obligations.
NOTE 2: Section 30(1) of the Public Service Act, 1994, prohibits
an employee (person who is employed in posts on the establishment
of departments) from performing or engaging remunerative work
outside his or her employment in the relevant department, except
with the written permission of the executive authority of the
department. When in operation, Section 8(2) of the Public
Administration Management Act, 2014, will prohibit an employee of
the public administration (i.e. organs of state and all national
departments, national government components listed in Part A of
Schedule 3 to the Public Service Act, provincial departments
including the office of the premier listed in Schedule 1 of the
Public Service Act and provincial departments listed in schedule 2
of the Public Service Act, and provincial government components
listed in Part B of schedule 3 of the Public Service Act) or
persons contracted to executive authorities in accordance with the
provisions of section 12A of the Public Service Act of 1994 or
persons performing similar functions in organs of state from
conducting business with the State or to be a director of a public
or private company conducting business with the State. The offence
for doing so is a fine or imprisonment for a period not exceeding 5
years or both. It is also a serious misconduct which may result in
the termination of employment by the employer.
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Tender 18 T2.2 Part T2: Returnable documents Returnable
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NOTE 3: Regulation 44 of Supply Chain Management regulations
issued in terms of the Municipal Finance Management Act of 2003
requires that organs of state and municipal entities not award a
contract to a person who is the service of the state, a director,
manager or principal shareholder in the service of the state or who
has been in the service of the state in the previous twelve months.
NOTE: 4: Regulation 45 of Supply Chain Management regulations
requires a municipality or municipal entity to disclose in the
notes to the annual statements particulars of any award made to a
close family member in the service of the state. NOTE: 5 Corrupt
activities which give rise to an offence in terms of the Prevention
and Combating of Corrupt Activities Act of 2004) include improperly
influencing in any way the procurement of any contract, the fixing
of the price, consideration or other moneys stipulated or otherwise
provided for in any contract and the manipulating by any means of
the award of a tender.
NOTE: 6 Section 4 of the Competition Act of 1998 prohibits
restrictive horizontal practice including agreements between
parties in a horizontal relationship which have the effect of
substantially preventing or lessening competition, directly or
indirectly fixing prices or dividing markets or constitute
collusive tendering. Section 5 also prohibits restrictive vertical
practices. Any restrictive practices that are suspicious will be
reported to the Competition Commission for investigation and
possible imposition of administrative penalties.
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Tender 19 T2.2 Part T2: Returnable documents Returnable
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Preferencing schedule: Broad Based Black Economic Empowerment
Status
Preamble
Section 10(b) of the Broad-Based Black Economic Empowerment Act
of 2003 (Act No. 53 of 2003) states that “Every organ of state and
public entity must take into account and. as far as is reasonably
possible. apply any relevant code of good practice issued in terms
of this Act in developing and implementing a preferential
procurement policy:”
A number of codes of good practice have been issued in terms of
Section 9(1) of the B-BBEE Act of 2003 including a generic code of
good practice and various sector codes. The sector codes vary the
metrics, weightings and targets used in the generic code of good
practice to establish the overall performance of an entity and its
B-BBBEE status. The B-BBEE status needs to be assessed in
accordance with the applicable code.
1 Conditions associated with the granting of preferences
Tenderers who claim a preference shall provide sufficient
evidence of their B-BBEE Status in accordance with the requirements
of section 2 in respect of the applicable code as at the closing
time for submissions, failing which their claims for preferences
will be rejected.
2 Sufficient evidence of qualification
2.1 Exempted micro enterprises
Sufficient evidence of qualification as an Exempted
Micro-Enterprise is a :
a) a registered auditor’s certificate or similar certificate
issued by an accounting officer as contemplated in the Close
Corporation Act of 1984 in respect of the entity’s last financial
year or a 12 month period which overlaps with its current financial
year; or a certificate issued by a verification agency and which is
valid as at the closing date for submissions; or.
b) a sworn affidavit - B-BBEE Exempted Micro Enterprise (see
www.thedti.gov.za/gazzettes/Affidavit_EME.pdf
2.2 Enterprises other than micro exempted enterprises
Sufficient evidence of B-BBEE Status is:
a) an original or certified copy of the certificate issued by a
verification agency accredited by the South African National
Accreditation System (SANAS) or registered auditors approved by
Independent Regulatory Board for Auditors (IRBA) and which is valid
as at the closing date for submissions; or.
b) a sworn affidavit – B-BBEE Qualifying Small Enterprise (see
www.thedti.gov.za/gazzettes/BBEE_QUALIFYING_SMALL_ENTERPRISE.pdf)
3 Tender preferences claimed
The scoring shall be as follows:
B-BBEE status determined in accordance with the referencing
schedule for Broad-Based Black Economic Empowerment
% max points for preference
Form not completed or no-complaint contributor 0
Level 8 contributor 10
Level 7 contributor 20
Level 6 contributor 30
Level 5 contributor 40
Level 4 contributor 50
Level 3 contributor 80
Level 2 or contributor 90
Level 1 contributor 100
http://www.thedti.gov.za/gazzettes/Affidavit_EME.pdfhttp://www.thedti.gov.za/gazzettes/BBEE_QUALIFYING_SMALL_ENTERPRISE.pdf
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Tender 20 T2.2 Part T2: Returnable documents Returnable
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4 Declaration
The tenderer declares that
a) the tendering entity is a level contributor as stated in the
submitted evidence of qualification as at the closing date for
submissions
b) the tendering entity has been measured in terms of the
following code (tick applicable box)
□ Generic code of good practice
□ Other – specify . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
c) the contents of the declarations made in terms of a) and b)
above are within my personal knowledge and are to the best of my
belief both true and correct
The undersigned, who warrants that he / she is duly authorised
to do so on behalf of the tenderer confirms that he / she
understands the conditions under which such preferences are granted
and confirms that the tenderer satisfies the conditions pertaining
to the granting of tender preferences.
Signature :
...............................................................................................................................……….
Name :
.......................................................................................................................................………
Duly authorised to sign on behalf of :
............................................................................................………
Telephone :
......................................................................
Fax:
.......................................................................
Date :
.......................................................................
Name of witness . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . Signature of witness . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
Note: 1) Failure to complete the declaration will lead to the
rejection of a claim for a preference
2) Supporting documentation of the abovementioned claim for a
preference must be submitted with the
tender submission to be eligible for a preference
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Tender 21 T2.2 Part T2: Returnable documents Returnable
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Municipal declaration and returnable documents
The following particulars must be furnished in relation to
tenders for municipalities and municipal entities where:
a) consultancy services are required; and
b) goods, services or a combination thereof where the estimated
total of the prices exceeds R 10 million including VAT.
In the case of a joint venture, separate municipal declarations
and returnable documents shall be submitted in respect of each
partner.
Section 1: Enterprise Details
Name of enterprise:
Contact person:
Email:
Telephone:
Cell no
Fax:
Physical address
Postal address
Section 2: Declaration for consultancy services:
The enterprise has been awarded the following consultancy
services by an organ of state during the last five years.
Name of organ of state Estimated number of contracts
Nature of service, e,g, quantity surveying
Service similar to required service (yes / no)?
Attach separate page as necessary
Section 3 Goods, services or a combination thereof where the
estimated total of the prices exceeds R 10 million including
VAT
I / we certify that
1) (tick one of the boxes):
□ the enterprise is not required by law to prepare annual
financial statements for auditing
□ the enterprise is required by law to have audited annual
financial statements and attached the audited financial statements
for the past three financial years, or since the establishment as
the enterprise was established within the past three years
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Tender 22 T2.2 Part T2: Returnable documents Returnable
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2) the enterprise and its directors has / have no undisputed
commitments for municipal services towards a municipality or other
service provider in respect of which payment is overdue for more
than 30 days (ie: all municipal accounts are paid up to date);
3) source of goods and / or services :
(tick one of the boxes and insert percentages if
applicable):
□ goods and / or services are sourced only from within the
Republic of South Africa
□ % of the total cost of goods and / or services will be sourced
from outside the Republic of South Africa and the percentage of
payment from the municipality or municipal entity which is
expected to be transferred out of the Republic is . %
I furthermore confirm that the following contracts were awarded
to the enterprise by an organ of state during the last five years
and attached particulars of any material non-compliance or dispute
concerning the execution of such contracts:
Name of organ of state Estimated number of contracts
Nature of contracts
Attach separate page as necessary
I, the undersigned who warrants that I am duly authorised on
behalf of the tendering entity, hereby declare that the contents of
this Declaration are within my personal knowledge, and save where
stated otherwise are to the best of my belief both true and
correct
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Tender 23 T2.2 Part T2: Returnable documents Returnable
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Annual Financial Statements Declaration
The undersigned, who warrants that he / she is duly authorised
to do so on behalf of the respondent, confirms that:
1) The enterprise’s financial year end is . . . . . . . . . . .
. . . .
2) The enterprise’s financial statements have been prepared in
accordance with the provisions of the Companies Act of 2008 or the
Close Corporation Act of 1984, as applicable
3) The enterprise has compiled its financial accounts [tick one
box]:
internally independently
4) The following statement applies to the enterprise [tick one
box and provide relevant information]
enterprise has had its financial statements audited;
name of auditor . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .
enterprise is required by law to have an independent review of
its financial statements
name of independent reviewer . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .
enterprise has not had its financial statements audited and is
not required by law to have an independent review or audit of such
statements
5) The attached income statement and balance sheet is a true
extract from the financial statements complying with applicable
legislation for the preceding financial year within 12 months of
the financial year end.
[Attach the income statement and the balance sheet contained in
the financial statement]
6) The annual turnover for the last financial year is R . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7) The total assets as at the end of the last financial year is
R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .
8) The total liabilities as at the end of the financial year is
R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .
I hereby declare that the contents of this Declaration are
within my personal knowledge, and save where stated otherwise are
to the best of my belief both true and correct.
Signed Date
Name Position
Tenderer
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Tender 25 T2.2 Part T2: Returnable documents Returnable
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Certificate of Authority for Joint Ventures
This Returnable Schedule is to be completed by joint
ventures.
We, the undersigned, are making this submission in Joint Venture
and hereby authorise Mr/Ms . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . ,
authorised signatory of the company . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . , acting in the capacity of lead partner, to sign all
documents
in connection with the tender 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
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Tender Assessment Schedule (NEC3 PSC or NEC3 PSSC)
This schedule is for information only and does not need to be
completed. The evaluators will apply this schedule to arrive at
a
comparative offer in the evaluation of tenders
The parameters tendered in the Contract Data by the Consultant
are to
be reduced to a common base for comparative purposes as
follows:
Average time charge for tender comparative purposes only =
= . . . . . . .
. . . . . . . . . . . .
Comparative offer for tender evaluation purposes = = . . . . . .
. . . . . . . . .
Employer’s / Client’s estimate of the of time charge hours which
may influence the final quantum of the Prices for Services Provided
to Date
= hours
Total of the Prices tendered in the Activity Schedule / Task
Schedule /
Price List = . . . . . . . . . . . . . . . . . . .
Comparative offer for tender evaluation purposes:
= assumed time charges plus total of Prices tendered in the
Activity Schedule / Task Schedule / Price List
= x + = . . . . . . . . . . . . . . . x . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . .
. . . . . . . . . . . .
= . . . . . . . . . . . . . . . . .
Tender Assessment Schedule (NEC3 SC or SCC)
This schedule is for information only and does not need to be
completed. The evaluators will apply this schedule to arrive at a
comparative offer in the evaluation of tenders
The parameters tendered in the Contract Data by the Supplier are
to be reduced to a common base for comparative purposes as
follows:
Tendered total of the Prices from Pricing Schedule = . . . . . .
. . . . . . . .
. . . . . .
Purchaser’s assumed quantum of compensation events less the fee
for
tender evaluation purposes:
= % of tendered total of the Prices
= / 100 x = . . . . . . . . . . . . . . . . . . . . . .
Fee for assumed compensation events = x p / 100 = . . . . . . .
.
. . . . . . . . . . . . . .
where p = percentage for overheads and profit added to the
Defined Cost as tendered in Part 2 of the Contract Data
Comparative offer for tender evaluation purposes
= Tendered total of Prices from Pricing Schedule plus the fee
for assumed compensation events
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Tender assessment schedule (NEC3 ECC – Options C, D and E)
This schedule is for information only and does not need to be
completed. The evaluators will apply this schedule to arrive at
a
comparative offer in the evaluation of tenders
The parameters tendered in the Contract Data by the Contractor
which are to be reduced to a common base for comparative purposes
as follows: Estimate of the Price for Work Done to Date based on
the tendered parameters and the Employer’s assumptions using the
Schedule of Cost Components
1 People
Assumed people costs =
2 Equipment
2.1 Cost of Purchased equipment with an on-cost charge
Description Time related charge
Per time period
Quantity Total
Per
Per
Total E
2.2 Cost of special Equipment listed in the Contract Data
Description (including size of capacity) Unit Rate Quantity
Total
Total E
2.3 Cost of Equipment not covered in a) or b)
Assumed cost of Equipment not covered in a) or b) = E
Impact of tendered percentages used in the assessment of
compensation events assessed using the Shorter Schedule of Cost
Components
Cost of Equipment ex published lists
= assumed total of list prices of Equipment used in evaluating
compensation
events x percentage adjustment for listed Equipment stated in
the Contract
Data / 100
= x . . . . . . . . . / 100
= . . . . . . . . . . . . . . . . . . . . .SSCC
Cost of charges for people overheads = assumed people costs in
evaluating compensation events x percentage for
people overheads stated in the Contract Data / 100 = x ……………../
100
= ………………………… SSCC
Impact of tendered parameters on compensation events = SSCC +
SSCC = . .
. . . . . . . . . . . . . . . .
Insert data
Fee for Defined Cost of work not subcontracted
= assumed Defined Cost for work not subcontracted () x direct
percentage fee stated in
Contract Data / 100
= . . . . . . . . . . . . . . . . . . . . . . . . . . . . . x .
. . . . . . . / 100
= . . . . . . . . . . . . . . . . . . . . . . . . . .
Assumed Defined Cost for subcontracted work =
Fee for Defined Cost of subcontracted work:
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Tender assessment schedule (NEC3 ECC – Options C and D)
This schedule is for information only and does not need to be
completed. The evaluators will apply this schedule to arrive at
a
comparative offer in the evaluation of tenders
The parameters tendered in the Contract Data by the Contractor
which are to be reduced to a common base for comparative purposes
as follows: Tendered total of the Prices (from summary to Activity
Schedule / Bill of Quantities)
= . . . . . . . . . . . . . . . . . . . . . . . Impact of
tendered parameters in Schedule of Cost Components and Shorter
Schedule of Cost Components on the final total of Prices
1 Employer’s estimates of the impact of tendered
percentages on each million of Defined Cost for
comparative purposes: 1 2 3 4 5
Subcomponent Estimated percentage of Defined Cost
Tendered percentages (from Contract Data: Part 2 – Data provided
by the Contractor)
Adjustment
Calculation Amount
Working Area overheads (SCC)
Percentage for Working
Area overheads . . . . . . .
. %
x column 2 / 100 x column 3 / 100
Cost of Equipment ex published lists element (SSCC)
Percentage for adjustment for Equipment in the published
lists
+ / - . . . . . %
People overheads (SSCC)
Percentage for people
overheads
. . . . . . . .
Subcontracted work
Subcontracted fee
percentage
. . . . . %
Work not subcontracted
Direct fee percentage
. . . . . %
Manufacturing and fabrication overheads
Percentage for
manufacturing and
fabrication overheads . . .
. . %
Design overheads
Percentage for design
overheads . . . . %
Total impact of tendered percentages carried forward to
summary
2 Employer’s estimates of the impact on tendered rates for
Equipment
2.1 Impact of cost of Purchased equipment with an on-cost
charge
Description Time related charge Per time period
Quantity Total
Per
Per
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Tender assessment schedule (NEC3 ECC- Option F)
The Tenderer’s attention is drawn to Part 2 of the Contract Data
which requires the Tenderer to enter a direct fee percentage and
a
subcontracted fee percentage. These percentages are applied to
Defined Cost in order to calculate the Prices for Work Done to
Date
and the Prices.
This schedule is for information only and does not need to be
completed. The evaluators will apply this schedule to arrive at
a
comparative offer in the evaluation of tenders
Note: Tenderers must tender a direct fee percentage and a
subcontracted fee percentage in Part 2 of the Contract Data
The parameters tendered in the Contract Data by the Contractor
are to be reduced to a common base for comparative purposes as
follows:
The total of prices for work done by the Contractor himself = .
. .
. . . . . . . . . . . . . . . . . .
Forecast of amounts due to Subcontractors =
Comparative offer
= (1 + F1 / 100) x +(1 + F2 / 100) x
= (1 + . . . . / 100) x . . . . . . . . . . . . . . . . . . . .
. . . + (1 + . . . . . / 100) x . . . . . . . . . . . . . . . . . .
. . . .
= . . . . . . . . . . . . . . . .
where F1 = direct fee percentage
F2 = subcontracted fee percentage
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C1.2 ECC3 Contract Data
Part one - Data provided by the Employer
Clause Statement Data
1 General
The conditions of contract are the core clauses and the clauses
for main Option
B: Priced Bill of Quantities
dispute resolution Option W1: Dispute resolution procedure
and secondary Options
X2: Changes in the Law
X7: Delay damages
X16: Retention
X18: Limitation of liability
Z: Additional conditions of contract
of the NEC3 Engineering and Construction Contract, June 2005
(ECC3) (with amendments June 2006)
10.1 The Employer is (Name): Ingquza Hill Local Municipality
Address 135 Main street, Flagstaff
Tel No. 039 252 0131 or 039 253 1096
10.1 The Project Manager is: (Name)
Address
Tel
Fax
e-mail
10.1 The Supervisor is: (Name)
Address
Fax
e-mail
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11.2(13) The works are THE MANUFACTURE, SUPPLY, TRANSPORT AND
INSTALLATION OF 10 X HIGHMAST LIGHTS AT HIGH SCHOOLS
11.2(14) The following matters will be included in the Risk
Register
Part 5 – Annexures – Risks identified part of the Risk
Assessment as per the Safety Health & Environment Specification
document and FDP Document.
11.2(15) The boundaries of the site are Flagstaff and Lusikisiki
Town area where high masts are to be installed as per the drawings
provided.
11.2(16) The Site Information is in As described in Part 4: Site
Information
11.2(19) The Works Information is in As described in section
Part 3: Scope of Work and all documents and drawings.
12.2 The law of the contract is the law of the Republic of South
Africa
13.1 The language of this contract is English
13.3 The period for reply is 5 working days
2 The Contractor's main responsibilities No additional data
other than the conditions of contract specified for this
section.
3 Time
11.2(3) The completion date for the whole of the works is 30
March 2019
30.1 The access dates are: Part of the Site Date
1 Complete Site 01 October 2018
31.1 The Contractor is to submit a first programme for
acceptance within
2 (two) weeks after the Contract Date.
31.2 The starting date is 01 October 2018
32.2
The Contractor submits revised programmes at intervals no longer
than
2 (two) weeks.
4 Testing and Defects
42.2 The defects date is 26 (Twenty six) weeks after Completion
of the whole of the works.
43.2 The defect correction period is 2 (two) weeks
5 Payment
50.1 The assessment interval is Once a month
51.1 The currency of this contract is the South African
Rand.
51.2 The period within which payments are made is 30 days after
the assessment date and approval of the assessment.
51.4 The interest rate is (i) zero percent above the publicly
quoted prime rate of interest
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(calculated on a 365 day year) charged by from time to time by
the Standard Bank of South Africa (as certified, in the event of
any dispute, by any manager of such bank, whose appointment it
shall not be necessary to prove) for amounts due in Rands and (ii)
the LIBOR rate applicable at the time for amounts due in other
currencies. LIBOR is the 6 month London Interbank Offered Rate
quoted under the caption “Money Rates” in The Wall Street Journal
for the applicable currency or if no rate is quoted for the
currency in question then the rate for United States Dollars, and
if no such rate appears in The Wall Street Journal then the rate as
quoted by the Reuters Monitor Money Rates Service (or such service
as may replace the Reuters Monitor Money Rates Service) on the due
date for the payment in question, adjusted mutatis mutandis every 6
months thereafter (and as certified, in the event of any dispute,
by any manager employed in the foreign exchange department of The
Standard Bank of South Africa Limited, whose appointment it shall
not be necessary to prove.
6 Compensation events
60.1(13) The weather measurements to be recorded for each
calendar month are,
rainfall to be recorded on a daily basis in the site diary and
reported on a weekly basis.
the number of days with inclement weather conditions such a high
winds above the allowable crane operating limits, cold temperatures
less than 5 degrees Celsius, and
the number of days with snow lying at 09:00 hours South African
Time
The place where weather is to be recorded is: Position closest
to the high mast light installation At high schools around
municipality
The weather measurements are supplied by SA Weather Bureau
and which are available from: the South African Weather
Bureau
60.1(13)
Assumed values for the ten year return weather data for each
weather measurement for each calendar month are:
As stated in Annexure A to this Contract Data provided by the
Employer.
7 Title No additional data other than the conditions of contract
specified for this section.
8 Risks and insurance
80.1 These are additional Employer's risks None
84.1
The Employer provides these additional insurances None
84.2
The minimum limit of indemnity for insurance in respect of loss
of or damage to property (except the
whatever the Contractor deems necessary as part of the
manufacturing, transport, security risk on site and
installation
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works, Plant, Materials and Equipment) and liability for bodily
injury to or death of a person (not an employee of the Contractor)
caused by activity in connection with this contract for any one
event is
process.
84.2 The minimum limit of indemnity for insurance in respect of
death of or bodily injury to employees of the Contractor arising
out of and in the course of their employment in connection with
this contract for any one event is
As prescribed by the Compensation for Occupational Injuries and
Diseases Act No. 130 of 1993 and the Contractor’s common law
liability for people falling outside the scope of the Act with a
limit of Indemnity of not less than R1 000 000 (One million
Rands).
9 Termination There is no additional Contract Data required for
this section of the conditions of contract.
10 Data for main Option clause
B Priced contract with Bill of Quantities
11 Data for Option W1
W1.1 The Adjudicator is The person agreed to by both the
Employer and the Contractor to act as the Adjudicator if a dispute
is called for.
W1.2(3) The Adjudicator nominating body is: the Chairman of the
Joint Civils Division of the South African Institution of Civil
Engineering. (See www.jointcivils.co.za)
W1.4(2) The tribunal is: arbitration.
W1.4(5)
The arbitration procedure is
the latest edition of Rules for the Conduct of Arbitrations
published by The Association of Arbitrators (Southern Africa) or
its successor body.
The place where arbitration is to be held is Flagstaff, Eastern
Cape, South Africa.
The person or organisation who will choose an arbitrator - if
the Parties cannot agree a choice or - if the arbitration procedure
does not state who
selects an arbitrator, is
the Chairman for the time being or his nominee of the
Association of Arbitrators (Southern Africa) or its successor
body.
12 Data for secondary Option clauses
X2 Changes in the Law No data is required for this section.
X7 Delay damages
X7.1 Delay damages for not meeting the Completion date is The
total delay damages payable by the Contractor does not exceed:
R10, 000 per day. 10% of Contract Value
X16 Retention (not used with Option F)
X16.1 The retention free amount is NIL
The retention percentage is 10%. Half of it releasable at
project completion and remainder releasable after 6 months
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X18 Limitation of liability
X18.1 The Contractor’s liability to the Employer for indirect or
consequential loss is limited to:
R0.0 (zero Rand)
X18.2 For any one event, the Contractor’s liability to the
Employer for loss of or damage to the Employer’s property is
limited to:
Replacement Cost
X18.3 The Contractor’s liability for Defects due to his design
which are not listed on the Defects Certificate is limited to
the total of the Prices at the Contract Date
X18.4 The Contractor’s total liability to the Employer for all
matters arising under or in connection with this contract, other
than excluded matters, is limited to:
the total of the Prices other than for the additional excluded
matters. The Contractor’s total liability for the additional
excluded matters is not limited. The additional excluded matters
are amounts for which the Contractor is liable under this contract
for Defects due to his design which arise before the Defects
Certificate is issued, Defects due to manufacture and
fabrication outside the Site, loss of or damage to property (other
than the works, Plant and
Materials), death of or injury to a person and infringement of
an intellectual property right.
X18.5 The end of liability date is (i) seven years after the
defects date for latent Defects and (ii) the date on which the
liability in question prescribes in accordance with the
Prescription Act No. 68 of 1969 (as amended or in terms of any
replacement legislation) for any other matter. A latent Defect is a
Defect which would not have been discovered on reasonable
inspection by the Employer or the Supervisor before the defects
date, without requiring any inspection not ordinarily carried out
by the Employer or the Supervisor during that period. If the
Employer or the Supervisor do undertake any inspection over and
above the reasonable inspection, this does not place a greater
responsibility on the Employer or the Supervisor to have discovered
the Defect.
Z The Additional conditions of contract are Z1 to Z12 always
apply.
Z1 Cession delegation and assignment
Z1.1 The Contractor does not cede, delegate or assign any of its
rights or obligations to any person without the written consent of
the Employer.
Z1.2 Notwithstanding the above, the Employer may on written
notice to the Contractor cede and delegate its rights and
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obligations under this contract to any of its subsidiaries or
any of its present divisions or operations which may be converted
into separate legal entities as a result of the restructuring of
the Electricity Supply Industry and the Electricity Distribution
Industry.
Z2 Joint ventures
Z2.1 If the Contractor constitutes a joint venture, consortium
or other unincorporated grouping of two or more persons or
organisations then these persons or organisations are deemed to be
jointly and severally liable to the Employer for the performance of
this contract.
Z2.2 Unless already notified to the Employer, the persons or
organisations notify the Project Manager within two weeks of the
Contract Date of the key person who has the authority to bind the
Contractor on their behalf.
Z2.3 The Contractor does not substantially alter the composition
of the joint venture, consortium or other unincorporated grouping
of two or more persons without the consent of the Employer having
been given to the Contractor in writing.
Z3 Change of Broad Based Black Economic Empowerment (B-BBEE)
status
Z3.1 Where a change in the Contractor’s legal status, ownership
or any other change to his business composition or business
dealings results in a change to the Contractor’s B-BBEE status, the
Contractor notifies the Employer within seven days of the
change.
Z3.2 The Contractor is required to submit an updated
verification certificate and necessary supporting documentation
confirming the change in his B-BBEE status to the Project Manager
within thirty days of the notification or as otherwise instructed
by the Project Manager.
Z3.3 Where, as a result, the Contractor’s B-BBEE status has
decreased since the Contract Date the Employer may either
re-negotiate this contract or alternatively, terminate the
Contractor’s obligation to Provide the Works.
Z3.4 Failure by the Contractor to notify the Employer of a
change in its B-BBEE status may constitute a reason for
termination. If the Employer terminates in terms of this clause,
the procedures on termination are P1, P2 and P3 as stated in clause
92, and the amount due is A1 and A3 as stated in clause 93.
Z4 Ethics
Z4.1 Any offer, payment, consideration, or benefit of any kind
made by the Contractor, which constitutes or could be construed
either directly or indirectly as an illegal or corrupt practice, as
an inducement or reward for the award or in execution of this
contract constitutes grounds for terminating the Contractor’s
obligation to Provide the Works or taking any other action as
appropriate against the Contractor (including civil or criminal
action).
Z4.2 The Employer may terminate the Contractor’s obligation to
Provide the Works if the Contractor (or any member of the
Contractor where the Contractor constitutes a joint venture,
consortium or other unincorporated grouping of two or more persons
or organisations) is found guilty by a competent court,
administrative or regulatory body of participating in illegal or
corrupt practices. Such practices include making of offers,
payments, considerations, or benefits of any kind or otherwise,
whether in connection with any procurement process or contract with
the Employer or other people or organisations and including in
circumstances where the Contractor or any such member is removed
from the an approved vendor data base of the Employer as a
consequence of such practice.
Z4.3 Notwithstanding the provisions of core clause 90.2, the
procedures on termination in terms of this clause are P1, P2 and P3
as stated in the core clause 92 and the amount due is A1 and A3 as
stated in core clause 93.
Z5 Confidentiality
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Z5.1 The Contractor does not disclose or make any information
arising from or in connection with this contract available to
Others. This undertaking does not, however, apply to information
which at the time of disclosure or thereafter, without default on
the part of the Contractor, enters the public domain or to
information which was already in the possession of the Contractor
at the time of disclosure (evidenced by written records in
existence at that time). Should the Contractor disclose information
to Others in terms of clause 25.1, the Contractor ensures that the
provisions of this clause are complied with by the recipient.
Z5.2 If the Contractor is uncertain about whether any such
information is confidential, it is to be regarded as such until
notified otherwise by the Project Manager.
Z5.3
In the event that the Contractor is, at any time, required by
law to disclose any such information which is required to be kept
confidential, the Contractor, to the extent permitted by law prior
to disclosure, notifies the Employer so that an appropriate
protection order and/or any other action can be taken if possible,
prior to any disclosure. In the event that such protective order is
not, or cannot, be obtained, then the Contractor may disclose that
portion of the information which it is required to be disclosed by
law and uses reasonable efforts to obtain assurances that
confidential treatment will be afforded to the information so
disclosed.
Z5.4 The taking of images (whether photographs, video footage or
otherwise) of the works or any portion thereof, in the course of
Providing the Works and after Completion, requires the prior
written consent of the Project Manager. All rights in and to all
such images vests exclusively in the Employer.
Z5.5 The Contractor ensures that all his subcontractors abide by
the undertakings in this clause.
Z6 Waiver and estoppel: Add to core clause 12.3:
Z6.1 Any extension, concession, waiver or relaxation of any
action stated in this contract by the Parties, the Project Manager,
the Supervisor, or the Adjudicator does not constitute a waiver of
rights, and does not give rise to an estoppel unless the Parties
agree otherwise and confirm such agreement in writing.
Z7 Health, safety and the environment: Add to core clause
27.4
Z7.1 The Contractor undertakes to take all reasonable
precautions to maintain the health and safety of persons in and
about the execution of the works. Without limitation the
Contractor: accepts that the Employer may appoint him as the
“Principal Contractor” (as defined and provided for under the
Construction
Regulations 2014 (promulgated under the Occupational Health
& Safety Act 85 of 1993) (“the Construction Regulations”) for
the Site;
warrants that the total of the Prices as at the Contract Date
includes a sufficient amount for proper compliance with the
Construction Regulations, all applicable health & safety laws
and regulations and the health and safety rules, guidelines and
procedures provided for in this contract and generally for the
proper maintenance of health & safety in and about the
execution of works; and
undertakes, in and about the execution of the works, to comply
with the Construction Regulations and with all applicable health
& safety laws and regulations and rules, guidelines and
procedures otherwise provided for under this contract and ensures
that his Subcontractors, employees and others under the
Contractor’s direction and control, likewise observe and comply
with the foregoing.
Z7.2 The Contractor, in and about the execution of the works,
complies with all applicable environmental laws and regulations and
rules, guidelines and procedures otherwise provided for under this
contract and ensures that his Subcontractors, employees and others
under the Contractor’s direction and control, likewise observe and
comply with the foregoing.
Z8 Provision of a Tax Invoice and interest. Add to core clause
51
Z8.1 Within one week of receiving a payment certificate from the
Project Manager in terms of core clause 51.1, the Contractor
provides the Employer with a tax invoice in accordance with the
Employer's procedures stated in the Works Information, showing the
amount due for payment equal to that stated in the payment
certificate.
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Z8.2 If the Contractor does not provide a tax invoice in the
form and by the time required by this contract, the time by when
the Employer is to make a payment is extended by a period equal in
time to the delayed submission of the correct tax invoice. Interest
due by the Employer in terms of core clause 51.2 is then calculated
from the delayed date by when payment is to be made.
Z8.3 The Contractor (if registered in South Africa in terms of
the companies Act) is required to comply with the requirements of
the Value Added Tax Act, no 89 of 1991 (as amended) and to include
the Employer’s VAT number 4740101508 on each invoice he submits for
payment.
Z9 Notifying compensation events
Z9.1 Delete from the last sentence in core clause 61.3, “unless
the Project Manager should have notified the event to the
Contractor but did not”.
Z10 Employer’s limitation of liability
Z10.1 The Employer’s liability to the Contractor for the
Contractor’s indirect or consequential loss is limited to R0.00
(zero Rand)
Z10.2 The Contractor’s entitlement under the indemnity in 83.1
is provided for in 60.1(14) and the Employer’s liability under the
indemnity is limited to compensation as provided for under the
compensation events stated in this contract.
Z11 Termination: Add to core clause 91.1, at the second main
bullet point, fourth sub-bullet point, after the words "against
it":
Z11.1 or had a judicial management order granted against it.
Z12 Addition to secondary Option X7 Delay damages (if applicable
in this contract)
Z12.1 If the amount due for the Contractor’s payment of delay
damages reaches the limits stated in this Contract Data for Option
X7 or Options X5 and X7 used together, the Employer may terminate
the Contractor’s obligation to Provide the Works using the same
procedures and payment on termination as those applied for reasons
R1 to R15 or R18 stated in the Termination Table.
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Annexure A: One-in-ten-year-return weather data obtained from SA
Weather Bureau for [weather station] If any one of these weather
measurements recorded within a calendar month, before the
Completion Date for the whole of the works and at the place stated
in this Contract Data is shown to be more adverse than the amount
stated below then the Contractor may notify a compensation event.
Rainfall data is supplied by Weather South Africa for Flagstaff
& Lusikisiki area in the Eastern Cape and surrounding areas.
Only the difference between the more adverse recorded weather and
the equivalent measurement over a 12 year rolling average will be
taken into account in assessing a compensation event.
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C1.2 Contract Data
Part two - Data provided by the Contractor
Clause Statement Data
10.1 The Contractor is (Name):
Address
Tel No.
Fax No.
11.2(8) The direct fee percentage is %
The subcontracted fee percentage is %
11.2(18) The working areas are the Site and
24.1 The Contractor's key persons are:
1 Name:
Job:
Responsibilities:
Qualifications:
Experience:
2 Name:
Job
Responsibilities:
Qualifications:
Experience:
CV's (and further key persons data including CVs) are appended
to Tender Schedule entitled.
11.2(3) The completion date for the whole of the works is 30
March 2019
11.2(14) The following matters will be included in the Risk
Register
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31.1 The programme identified in the Contract Data is
B Priced contract with bill of quantities
11.2(31) The tendered total of the Prices is (in figures) (in
words), excluding VAT
Data for Schedules of Cost Components Note “SCC” means Schedule
of Cost Components starting on page 56 of ECC3, and “SSCC” means
Shorter Schedule of Cost Components starting on page 59 of
ECC3.
B Priced contract with bill of quantities Data for the Shorter
Schedule of Cost Components
11 in SSCC The hourly rates for people working for the
Contractor within the Working Areas are:
Category of employee
Hourly rate
41 in SSCC The percentage for people overheads is: %
22 in SSCC The rates of Equipment are:
Equipment Size or capacity
Rate
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PART 2: PRICING DATA
Document reference Title No of pages
C2.1 Pricing assumptions: Option B 04
C2.2 The bill of quantities 05
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ASSUMPTIONS
C2.1 Pricing assumptions: Option B
The conditions of contract
How work is priced and assessed for payment
Clause 11 in NEC3 Engineering and Construction Contract, June
2005 (ECC3) Option B states: Identified and defined terms
11 11.2
(21) The Bill of Quantities is the bill of quantities as changed
in accordance with this contract to accommodate implemented
compensation events and for accepted quotations for
acceleration.
(28) The Price for Work Done to Date is the total of the
quantity of the work which the Contractor has completed for each
item in the Bill of
Quantities multiplied by the rate and a proportion of each lump
sum which is the proportion of the work covered by the item which
the
Contractor has completed. Completed work is work without Defects
which would either delay or be covered by immediately following
work.
(31) The Prices are the lump sums and the amounts obtained by
multiplying the rates by the quantities for the items in the Bill
of Quantities.
This confirms that Option B is a re-measurement contract and the
bill comprises only items measured using quantities and rates or
stated as lump sums. Value related items are not used. Time related
items are items measured using rates where the rate is a unit of
time.
Function of the Bill of Quantities
Clause 55.1 in Option B states, “Information in the Bill of
Quantities is not Works Information or Site Information”. This
confirms that instructions to do work or how it is to be done are
not included in the Bill, but in the Works Information. This is
further confirmed by Clause 20.1 which states, “The Contractor
Provides the Works in accordance with the Works Information”. Hence
the Contractor does not Provide the Works in accordance with