REQUEST FOR PROPOSAL [RFP] FOR THE PROVISON HVAC ... RFP for HVAC_0.pdf · page 1 of 38 request for proposal [rfp] for the provison hvac mechanical engineer rfp number hme/ 08/ 2017

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REQUEST FOR PROPOSAL [RFP] FOR THE PROVISON HVAC MECHANICAL

ENGINEER

RFP NUMBER HME/ 08/ 2017

ISSUE DATE: 30 AUGUST 2017

CLOSING DATE 08 SEPTEMBER 2017 12H00

TENDER VALIDITY PERIOD: 90 DAYS FROM THE CLOSING DATE

CLOSING DATE EXTENDED 13 SEPTEMBER 2017

NON COMPULSORY SITE INSPECTION 11 SEPTEMBER 2017 TIME 11H00

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SCHEDULE OF TENDER DOCUMENTS

Part No Page

1 INVITATION TO TENDER ....................................................................................................................... 4

3 DELIVERY INSTRUCTIONS FOR RFP ..................................................................................................... 4

4 BROAD-BASED BLACK ECONOMIC EMPOWERMENT AND SOCIO-ECONOMIC OBLIGATIONS ............... 5

5 COMMUNICATION ................................................................................................................................. 7

6 INSTRUCTIONS FOR COMPLETING THE RFP ........................................................................................ 7

7 REPUDIATIONS ..................................................................................................................................... 7

8 LEGAL REVIEW ..................................................................................................................................... 8

PART 2: BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS ......................................................... 9

3.3 STAGE 1 - INCEPTION ..................................................................................................................... 10

3.4 STAGE 2 - CONCEPT AND VIABILITY ............................................................................................... 11

3.5 STAGE 3 - DESIGN DEVELOPMENT ................................................................................................. 12

3.6 STAGE 4 - DOCUMENTATION AND PROCUREMENT ........................................................................ 13

3.7 STAGE 5 - CONSTRUCTION ............................................................................................................ 14

3.8 STAGE 6 - CLOSE OUT .................................................................................................................... 15

4 ADDITIONAL/SUPPLEMENTARY SERVICES ......................................................................................... 15

4.1 DEVELOPMENT MANAGEMENT SERVICES ..................................................................................... 15

4.2 CONSTRUCTION MONITORING ....................................................................................................... 18

4.3 OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT 85 OF 1993) .............................................. 19

4.4 QUALITY ASSURANCE SYSTEM ...................................................................................................... 19

4.5 ENGINEERING MANAGEMENT SERVICES (PRINCIPAL CONSULTANT)............................................ 19

5. GENERAL NOTES ................................................................................................................................ 23

7. GENERAL SERVICE PROVIDER OBLIGATIONS .................................................................................... 27

8. RISK .................................................................................................................................................... 27

PART 3: PROPOSAL FORM .......................................................................................................................... 30

PART 4: SIGNING POWER – RESOLUTION OF BOARD OF DIRECTORS ....................................................... 34

PART 5: CERTIFICATE OF ACQUAINTANCE WITH RFP DOCUMENTS .......................................................... 35

PART 6: CERTIFICATE OF ACQUAINTANCE WITH SCOPE OF WORK .......................................................... 37

PART 7: BREACH OF LAW FORM ................................................................................................................. 38

ANNEXURES:

Annexure A: SBD 4: Declaration of Interest

Annexure B: SBD 6.1: Preference Claim Forms

Annexure C: SBD 8: Declaration of Bidders Past Supply Chain Practices

Annexure D: SBD 9: Certificate of independent Bid Determination

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LIST OF ACRONYMS

B-BBEE Broad-Based Black Economic Empowerment

CEF (SOC) LTD Central Energy Fund – State Owned Company

Limited

PC Procurement Committee

EME Exempted Micro Enterprise

GBC General Tender Conditions

ID Identity Document

JV Joint Venture

LOA Letter of Award

NDA Non-Disclosure Agreement

PPPFA Preferential Procurement Policy Framework Act

PTN Post-Tender Negotiations

QSE Qualifying Small Enterprise

RFP Request for Proposal

SME Small Medium Enterprise

SOC State Owned Company

TCO Total Cost of Ownership

VAT Value-Added Tax

ZAR South African Rand

RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER

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PART 1: NOTICE TO BIDDERS

1 INVITATION TO TENDER

Submissions to this RFP [hereinafter referred to as a Tender or a Proposal] are requested

from persons, companies, close corporations or enterprises [hereinafter referred to as an

entity, or Bidder].

1.1 DESCRIPTION RFP FOR THE PROVISION OF HVAC MECHANICAL ENGINEER

1.2 CLOSING DATE

12:00 13 SEPTEMBER 2017 as per CEF (SOC) Ltd clock.

Bidders must ensure that tenders are delivered timeously to the correct address. As

a general rule, if a tender is late or delivered to the incorrect address, it will not be

accepted for consideration. Any additional information or clarification will be faxed or

emailed to all bidders, if necessary.

2 PROPOSAL SUBMISSION

Proposals must be submitted in two separate envelopes, one for technical and the other

one for price to,

CEF (SOC) Ltd

152 Ann Crescent, Upper Grayston Office Park

Block C, CEF House, Ground Floor

Strathavon, Sandton, Johannesburg

RFP NO: HME/ 08/ 2017

DESCRIPTION: FOR THE PROVISION OF HVAC MECHANICAL ENGINEER

CLOSING DATE: 13 SEPTEMBER 2017

TIME: 12H00

3 DELIVERY INSTRUCTIONS FOR RFP

3.1 Delivery by hand

The proposal must be deposited in the CEF (SOC) Ltd tender box which is located

at 152 Ann Crescent, Upper Grayston Office Park, Block C, CEF House, Ground

Floor, Strathavon, Sandton, Johannesburg, and must be addressed as above:

It should also be noted that the above tender box is accessible from 07h30 to

16h30 week days only


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3.2 Dispatch by courier

If dispatched by courier, the proposal must be addressed as above and delivered to

the above address. When signing the register, the courier company must use the

bidder’s name on the submission register at the reception.

3.3 If submissions are not delivered as stipulated herein, such submissions will not be

considered.

3.4 No email or faxed submissions will be considered.

3.5 The submissions to this RFP will be opened as soon as possible after the closing date

and time. CEF (SOC) Ltd shall not, at the opening of submissions, disclose to any

other company any confidential details pertaining to the proposals / information

received, i.e. pricing, delivery, etc.

3.6 Envelopes must not contain documents relating to any RFP other than that shown on

the envelope.

4 BROAD-BASED BLACK ECONOMIC EMPOWERMENT AND SOCIO-ECONOMIC

OBLIGATIONS

CEF (SOC) Ltd fully endorses and supports the Government’s objective of Broad-Based

Black Economic Empowerment and it is strongly of the opinion that all South African

business enterprises have an equal obligation to redress the imbalances of the past.

CEF (SOC) Ltd would therefore prefer to do business with enterprises who share these

same values and who are prepared to contribute to meaningful B-BBEE initiatives [including,

but not limited to subcontracting and Joint Ventures] as part of their tendered Submissions.

All procurement transactions will be evaluated accordingly.

4.1 B-BBEE Scorecard and Rating

As prescribed in terms of the Preferential Procurement Policy Framework Act

(PPPFA), Act 5 of 2000 and its Regulations, bidders are to note that the following

preference point systems are applicable to all tenders:

the 80/20 system for requirements with a Rand value of up to R50,000,000 (all

applicable taxes included); and

The 90/10 system for requirements with a Rand value above R50, 000,000 (all

applicable taxes included).

Bidders are to note that if the 80/20 preference point system is stipulated in this

RFP and all tenders received exceed R50, 000,000.00, the RFP must be

cancelled. Similarly, if the 90/10 preference point system is stipulated in this

RFP and all tenders received are equal to or below R50, 000,000.00, the RFP

must be cancelled.

The value of this tender is estimated NOT to exceed R50, 000,000 (all applicable

taxes included); and therefore the 80/20 system shall be applicable.

When CEF (SOC) Ltd invites prospective bidders to submit proposals for its various

expenditure, it requires bidders to have their B-BBEE status verified in compliance

with the Codes of Good Practice issued in terms of the Broad Based Black Economic

Empowerment Act No. 53 of 2003.

The Department of Trade and Industry recently revised the Codes of Good Practice

on 11 October 2013 [Government Gazette No. 36928]. The Revised Codes will

replace the Black Economic Empowerment Codes of Good Practice issued on 9


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February 2007. The Revised Codes provide for a one-year transitional period starting

11 October 2013. During the transitional period, companies may elect to be measured

in terms of the Revised Codes or the 2007 version of the Codes. After the first year of

the implementation of the Revised Codes, B-BBEE compliance will be measured in

terms of the Revised Codes without any discretion. Companies which are governed

by Sector-specific Codes will be measured in terms of those Sector Codes.

As such, CEF (SOC) Ltd will accept B-BBEE certificates issued based on the Revised

Codes. CEF (SOC) Ltd will also continue to accept B-BBEE certificates issued in

terms of the 2007 version of the Codes provided it was issued before 10 October

2014. Thereafter, CEF (SOC) Ltd will only accept B-BBEE certificates issued based

on the Revised Codes.

Bidders are required to complete Annexure B [the B-BBEE Preference Point Claim

Form] and submit it together with proof of their B-BBEE Status as stipulated in the

Claim Form in order to obtain preference points for their B-BBEE status.

Note: Failure to submit a valid and original B-BBEE certificate or a certified copy

thereof at the Closing Date of this RFP will result in a score of zero being

allocated for B-BBEE.

4.2 B-BBEE Joint Ventures or Consortiums

Bidders who would wish to respond to this RFP as a Joint Venture [JV] or consortium

with B-BBEE entities, must state their intention to do so in their RFP submission. Such

bidders must also submit a signed JV or consortium agreement between the parties

clearly stating the percentage [%] split of business and the associated responsibilities

of each party. If such a JV or consortium agreement is unavailable, the partners must

submit confirmation in writing of their intention to enter into a JV or consortium

agreement should they be awarded business by CEF (SOC) Ltd through this RFP

process. This written confirmation must clearly indicate the percentage [%] split of

business and the responsibilities of each party. In such cases, award of business will

only take place once a signed copy of a JV or consortium agreement is submitted to

CEF (SOC) Ltd.

Bidders are to note the requirements for B-BBEE compliance of JVs or consortiums

as required by Annexure B [the B-BBEE Preference Point Claim Form] and submit it

together with proof of their B-BBEE Status as stipulated in the Claim Form in order to

obtain preference points for their B-BBEE status.

Note: Failure to submit a valid B-BBEE certificate for the JV or a certified copy thereof

at the closing date of this RFP will result in a score of zero being allocated for B-BBEE.

4.3 Subcontracting

CEF (SOC) Ltd fully endorses Government’s transformation and empowerment

objectives and when contemplating subcontracting. Bidders are requested to give

preference to companies which are Black Owned, Black Women Owned, Black Youth

Owned, owned by Black People with Disabilities, EMEs and QSEs.

If contemplating subcontracting, please note that a bidder will not be awarded points

for B-BBEE if it is indicated in its proposal that such bidder intends subcontracting

more than 25% [twenty-five per cent] of the value of the contract to an entity/entities

that do not qualify for at least the same points that the bidder qualifies for, unless the

intended subcontractor is an EME with the capability to execute the contract.

A person awarded a contract may not subcontract more than 25% [twenty-five per

cent] of the value of the contract to any other enterprise that does not have an equal


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or higher B-BBEE status level than the person concerned, unless the contract is

subcontracted to an EME that has the capability and ability to execute the subcontract.

In terms of Annexure B of this RFP [the B-BBEE Preference Point Claim Form]

Bidders are required to indicate the percentage of the contract that will be sub-

contracted as well as the B-BBEE status of the sub-contractor/s.

5 COMMUNICATION

For specific technical queries, the dedicated CEF (SOC) Ltd employee is Sipho Masemola

email [email protected]. In the interest of fairness and transparency CEF (SOC)

Ltd’s response to such a query will then be made available to the other bidders who have

collected RFP documents. For this purpose, CEF (SOC) Ltd will communicate with bidders

using the contact details provided to the Logistics Department on issue of the tender

documentation to the bidder. Kindly ensure that you provide the Logistics Department with

the correct contact details, as CEF (SOC) Ltd will not accept responsibility for being unable

to contact a bidder who provided incorrect contact details.

5.1 After the closing date of the RFP, a bidder may only communicate with the

Procurement Department, specific person for this RFP on any matter relating to this

RFP.

5.2 Bidders are to note that changes to its submission will not be considered after the

closing date.

Bidders are warned that a proposal will be liable to disqualification should any attempt be

made by a bidder either directly or indirectly to canvass any officer or employee of CEF

(SOC) Ltd in respect of this RFP between the closing date and the date of the award of the

business. Furthermore, bidders found to be in collusion with one another will be

automatically disqualified and restricted from doing business with CEF (SOC) Ltd in the

future.

6 INSTRUCTIONS FOR COMPLETING THE RFP

6.1 Proposals must be submitted as an original and 1 copy

6.2 Both sets of documents are to be submitted to the address specified above.

6.3 All returnable documents tab led in the proposal form [Part 3] must be returned with

your Proposal.

6.4 Unless otherwise expressly stated, all Proposals furnished pursuant to this RFP shall

be deemed to be offers. Any exceptions to this statement must be clearly and

specifically indicated COMPLIANCE

The successful bidder [hereinafter referred to as the Service Provider] shall be in full and

complete compliance with any and all applicable laws and regulations.

7 REPUDIATIONS

Bidders are hereby advised that CEF (SOC) Ltd is not committed to any course of action as

a result of its issuance of this RFP and/or its receipt of proposals. In particular, please note

that CEF (SOC) Ltd reserves the right to:

7.1 Modify the RFP’s services and request bidders to re-tender on any such changes;

7.2 Reject any proposal which does not conform to instructions and scope of work which

are detailed herein;

7.3 Disqualify proposals submitted after the stated submission deadline [closing date];

7.4 Not necessarily accept the lowest priced proposal or an alternative tender;

7.5 Reject all proposals, if it so decides;


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7.6 Withdraw the RFP on good cause shown;

7.7 Award a contract in connection with this proposal at any time after the RFP’s closing

date;

7.8 Award a contract for only a portion of the proposed services which are reflected in the

scope of this RFP;

7.9 Split the award of the contract between more than one bidder; or

7.10 Make no award of a contract.

7.11 remove or add scope of work during the contract period.

In addition, CEF (SOC) Ltd reserves the right to exclude any bidder from the tendering

process who has been found guilty of a serious breach of law during the preceding 5 [five]

years, including but not limited to breaches of the Competition Act 89 of 1998. Bidders are

required to declare such serious breach of law during the past 5 [five] years in Part 7 [Breach

of Law].

Furthermore, CEF (SOC) Ltd reserves or its authorised representatives to conduct a “due

diligence” on tender(s) regarding the Bidder’s legal and empowerment status, technical

ability, creditworthiness, security clearance, etc. By submitting a tender, bidder (s)

undertakes to co-operate fully in this regard, within two days of receiving notification from

CEF (SOC) Ltd.

CEF (SOC) Ltd reserves the right to undertake post-tender negotiations [PTN] with selected

bidders or any number of short-listed bidders, such PTN to include, at CEF (SOC) Ltd’s

option, any evaluation criteria listed in this RFP document.

CEF (SOC) Ltd reserves the right to award the business to the highest scoring bidder/s

unless objective criteria justify the award to another bidder.

CEF (SOC) Ltd reserves the right to lower the threshold for technical to 65% if no bidder

passes the predetermined minimum threshold of 70% in respect of technical requirements.

Kindly note that CEF (SOC) Ltd will not reimburse any bidder for any preparatory costs or

other work performed in connection with its proposal, whether or not the bidder is awarded

a contract.

8 LEGAL REVIEW

A proposal submitted by a bidder will be subjected to review and acceptance or rejection of

its proposed contractual terms and conditions by CEF (SOC) Ltd’s Legal Counsel, prior to

consideration for an award of business.


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PART 2: BACKGROUND, OVERVIEW AND SCOPE OF REQUIREMENTS

1. INTRODUCTION

CEF SOC Ltd is a state-owned company involved in the search for appropriate energy

solutions to meet the energy needs of South Africa and the sub-Saharan African region. It

also manages the operation and development of the oil and gas assets of the South African

government. The company falls under the auspices of the Department of Energy (DoE). For

more information on the company you can visit our current website: www.cefgroup.co.za

2. BACKGROUND AND OVERVIEW

CEF (SOC) Ltd requires the services of a reputable and suitable service provider for THE

Heating, Ventilation, Air-Conditioning study and investigation inclusive of the preparation and

submission of the reports embodying preliminary proposal or initial feasibility studies.

3. SCOPE OF WORK

3.1 PLANNING, STUDIES, INVESTIGATIONS AND ASSESSMENTS

The services required relate to the Heating, Ventilation, Air-Conditioning study and

investigation inclusive of the preparation and submission of the reports embodying

preliminary proposal or initial feasibility studies inclusive of:

a) Consultation with the client or clients authorized representative.

b) Inspection of the site of the project.

c) Developing a scope of work where required.

d) Preliminary investigation, route location, planning and level of design appropriate to

allow decisions on feasibility and the selection of the most desirable project option.

e) Assessments of the existing built environment elements with a view to informing the

project options, scope of work and how to refurbish and or integrate new works with

existing works.

f) Consultation with the authorities having rights or powers of sanction as well as

consultation with the public and stakeholder groups.

g) Advise the client as to regulatory and statutory requirements, including environmental

screening management and the need for surveys, analysis, tests and site or other

investigations, as well as approvals, where such are required for the completion of the

report, and arranging for these to be carried out at the client’s expense.

h) Searching for, obtaining, investigating and collating available data, drawings and

plans relating to the works.

i) Investigating financial and economic implications relating to the proposals or feasibility

studies.


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Deliverables will typically include:

Collation of information.

Report on options and technical financial feasibility and related implications.

List of consents and approvals.

Schedule of required surveys, tests, analyses, site and other investigations.

3.2 EXECUTION OF REVAMP OR RENOVATION

The works allow for a single consulting engineer where services will include that of principal

consultant inclusive of the normal services extended service from Stage1 to Stage 6 as listed

hereunder. Services will include calculations of quantities, costs estimates, cost control and

procurement processes.

3.3 STAGE 1 - INCEPTION

3.3.1 Definition

Agreeing client requirements and preferences, assessing user needs and options,

appointment of necessary consultants in establishing project brief, objectives,

priorities, constraints, assumptions and strategies in consultation with the client.

3.3.2 Standard Services

3.3.2.1 Development of a Clear Project Brief

3.3.2.1 Attend project initiation meetings

3.3.2.2 Advise on the procurement policy for the project.

3.3.2.3 Advise on the rights, constraints, consents and approvals.

3.3.2.4 Define services and scope of work required.

3.3.2.5 Conclude the terms of the agreement with the client.

3.3.2.6 Inspect the site, advise on the necessary surveys, analysis, tests and site

or other investigations where such information will be required for stage 2

including the availability and location of infrastructure and services.

3.3.2.7 Determine the availability of data, drawings, and plans relating to

the project.

3.3.2.8 Advise on the criteria specific to own scope of work that could influence the

project life cycle cost significantly.

3.3.2.9 Provide necessary information within the agreed scope of the project to

other consultants involved.

3.3.2.10 Establish in conjunction with the client, consultants, and all relevant

authorities the site characteristics necessary for the proper design and

approval of the intended project


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3.3.2.11 Manage the integration of the preliminary design to form the basis for the

initial viability assessment of the project

3.3.2.12 Prepare, co-ordinate and monitor a Project Initiation Programme

3.3.2.13 Facilitate the preparation of the Preliminary Viability Assessment of the

project, where applicable

3.3.2.14 Facilitate client approval of all Stage 1 to 6 documentation

3.3.2.15 Deliverables

Project Brief: agreed services and scope of work.

Draft Agreements

Project Initiation Programme

Report on project, site and functional requirements.

Schedule of required surveys, tests, analysis, site and other investigations.

Record of all meetings

Approval by Client to proceed to Stage 2

3.4 STAGE 2 - CONCEPT AND VIABILITY

3.4.1 Definition

Preparation and finalization of the project concept in line with the brief, inclusive of scope,

scale, character, form and function, preliminary programme and viability.


3.4.2.1 Agree documentation programme with the principal consultant and other

consultants involved.

3.4.2.2 Attend design and consultant’s meetings.

3.4.2.3 Establish the concept design criteria.

3.4.2.4 Prepare initial concept design and related documentation.

3.4.2.5 Advise the client regarding further surveys, analysis, tests and investigations

which may be required.

3.4.2.6 Establish regulatory authorities’ requirements and incorporate into the design.

3.4.2.7 Refine and assess the concept design to ensure conformance with all regulatory

requirements and consents.

3.4.2.8 Establish access, utilities, services and connections required for the design.

3.4.2.9 Coordinate design interfaces with other consultants involved.

3.4.2.10 Prepare preliminary process designs, preliminary designs, and related

documentation for approval by authorities and client and suitable for costing.

3.4.2.11 Provide cost estimates and comment on life cycle costs as required.


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3.4.2.12 Liaise, co-operate and provide necessary information to the client, principal

consultant and other consultants involved.

3.4.2.13 Coordinate design interfaces

3.4.2.14 Facilitate client approval of all Stage 2 documentation

3.4.2.15 Deliverable

Concept design

Schedule of required surveys, tests and other investigations and related reports

Process design

Preliminary design

Costs estimates

3.5 STAGE 3 - DESIGN DEVELOPMENT

3.5.1 Definition

Development of the approved concept to finalised design, outline specifications, cost plan,

financial viability and programme for the project.


3.5.2.1 Review documentation programme with principal consultant and other consultants

involved.

3.5.2.2 Attend design and consultants' meetings.

3.5.2.3 Incorporate client's and authorities' detailed requirements into the design.

3.5.2.4 Incorporate other consultants' designs and requirements into the design.

3.5.2.5 Prepare design development drawings including draft technical details and

specifications.

3.5.2.6 Review and evaluate design and outline specification and exercise cost control.

3.5.2.7 Prepare detailed estimates of construction cost.

3.5.2.8 Liaise, co-operate and provide necessary information to the principal consultant and

other consultants involved.

3.5.2.9 Submit the necessary design documentation to local and other authorities for approval.


Design development drawings.

Outline specifications.

Local and other authority submission drawings and reports.

Detailed estimates of construction costs.

Approval by Client to proceed to Stage 4


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3.6 STAGE 4 - DOCUMENTATION AND PROCUREMENT

3.6.1 Definition

Preparation of procurement and construction documentation, confirm and implement the

procurement strategies and procedures for effective and timeous procurement of

necessary resources for execution of the project.


3.6.2.1 Attend design and consultants' meetings.

3.6.2.2 Prepare specifications and preambles for the works.

3.6.2.3 Accommodate services design.

3.6.2.4 (4) Check cost estimates and adjust designs and documents if necessary to remain

within budget.

3.6.2.5 Formulate the procurement strategy for contractors or assist the principal consultant

where relevant.

3.6.2.6 Prepare documentation for contractor procurement.

3.6.2.7 Review designs, drawings and schedules for compliance with approved budget.

3.6.2.8 Call for tenders and/or negotiation of prices and/or assist the principal consultant where

relevant.

3.6.2.9 Liaise, co-operate and provide necessary information to the principal consultant and the

other consultants as required.

3.6.2.10 Evaluate tenders.

3.6.2.11 Prepare contract documentation for signature.

3.6.2.12 Assist in pricing, documentation and tender evaluation as required when the detailed

services for these activities are provided by others.

3.6.2.13 Assess samples and products for compliance and design intent.


Specifications

Services co-ordination.

Working drawings.

Budget construction cost.

Tender documentation.

Tender evaluation report.

Tender recommendations.

Priced contract documentation.

Contractors, subcontractors, and suppliers Procurement Strategy

Project Procurement Programme

Project Tender/Contract Conditions



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Approval by Client of tender recommendation(s).

3.7 STAGE 5 - CONSTRUCTION

3.7.1 Definition

Manage, administer and monitor the construction contracts and processes including

preparation and coordination of procedures and documentation to facilitate practical

completion of the works.


3.7.2.1 Attend site handover.

3.7.2.2 Issue construction documentation in accordance with the documentation schedule

including, in the case of structural engineering, reinforcing bending schedules and

detailing and specifications of structural steel sections and connections.

3.7.2.3 Carry out contract administration procedures in terms of the contract.

3.7.2.4 (4) Prepare schedules of predicted cash flow.

3.7.2.5 Prepare pro-active estimates of proposed variations for client decision making.

3.7.2.6 Attend regular site, technical and progress meetings.

3.7.2.7 (7) Review the Contractor's quality control programme and advise and agree a quality

assurance plan.

3.7.2.8 Inspect the works for quality and conformity to contract documentation, on average once

every 2 weeks during the course of the works Level 1: periodic construction monitoring.

3.7.2.9 Review the outputs of quality assurance procedures and advise the contractor and client

on the adequacy and need for additional controls, inspections and testing.

3.7.2.10 Adjudicate and resolve financial claims by contractor(s).

3.7.2.11 Assist in the resolution of contractual claims by the contractor.

3.7.2.12 Establish and maintain a financial control system.

3.7.2.13 Clarify details and descriptions during construction as required.

3.7.2.14 Prepare valuations for payment certificates to be issued by the principal agent.

3.7.2.15 Instruct, witness and review all tests and mock ups carried out both on and off site.

3.7.2.16 Check and approve contractor drawings for design intent.

3.7.2.17 Update and issue drawings register.

3.7.2.18 Issue contract instructions as and when required.

3.7.2.19 Review and comment on operation and maintenance manuals, guarantee certificates

and warranties.

3.7.2.20 Inspect the works and issue practical completion and defects lists.

3.7.2.21 Arrange for the delivery of all test certificates, statutory (regulatory) and other approvals,

as built drawings and operating manuals


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3.7.2.22 Deliverable*

Schedules of predicted cash flow.

Construction documentation.

Drawings register.

Estimates for proposed variations.

Contract instructions.

Financial control reports.

Valuations for payment certificates.

3.8 STAGE 6 - CLOSE OUT

3.8.1 Definition

Fulfil and complete the project close-out including necessary documentation to facilitate

effective completion, handover and operation of the project.


3.8.2.1 Inspect and verify the rectification of defects

3.8.2.2 (2) Receive, comment and approve relevant payment valuations and completion

certificates

3.8.2.3 Facilitate and/or procure final operations and maintenance manuals, guarantees and

warranties.

3.8.2.4 Prepare and/or procure as-built drawings and documentation.

3.8.2.5 Conclude the final accounts where relevant.


Valuations for payment certificates

Works and final completion lists

Operations and maintenance manuals, guarantees and warranties

As-built drawings and documentation

Final accounts

Prepare and present the project Close–out Report.

4 ADDITIONAL/SUPPLEMENTARY SERVICES

4.1 DEVELOPMENT MANAGEMENT SERVICES

The Engineer may, by prior mutual consent, provide the following supplementary services.

This will require agreement of both the Client and the Principal Agent Project Construction

Manager on the adjustment of the fees and disbursements.


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All services related to defining the scope of work that are normally paid for on a

time and cost basis.

Enquiries not directly concerned with the works and its subsequent utilisation.

Valuation for purchase, sale or leasing of plant, equipment, material, systems, land

or buildings or arranging for such valuation.

Making arrangements for way leaves, servitudes or expropriations.

Negotiating and arranging for the provision or diversion of services not form ing

part of the works.

Additional work in obtaining the formal approval of the appropriate Government

Departments or Public Authorities and Utilities, including the making of such

revisions as may be required as a result of decisions of such Departments or

Authorities arising out of changes in policy, undue delay, or other causes beyond

the consulting engineer 's control.

Additional work related to monitoring as required by any Government Departments

or Authorities in order to facilitate regulatory approvals and certification (e.g. Mines

Health and Safety Act 29 of 1996).

Topographical and environmental surveys, analyses, tests and site or foundation

or other investigations, model tests, laboratory tests and analyses carried out on

behalf of the client.

Setting out or staking out the works and indicating any boundary beacons and

other reference marks.

Preparation of drawings for manufacture and installation or detailed checking of

such for erection or installation fit.

Detailed inspection, reviewing and checking of designs and drawings not prepared

by the consulting engineer and submitted by any contractor or potential contractor

as alternative to those embodied in tender or similar documents prepared by the

consulting engineer.

Travel/ accommodation and travel time costs related to offsite inspection and

testing of materials and plant during manufacture and/or prior to delivery to site.

Preparing and setting out particulars and calculations in a form required by any

relevant authority.

Abnormal additional services by, or costs incurred by the consulting engineer due

to the failure of a contractor or others to perform their required duties adequately

and on time. For example:

o When the works Contract is extended beyond the awarded contract

period due to poor contractor performance or unforeseen circumstances,

attendance at meetings and related inspections are considered as

additional services. Alternatively, the portion of the fee due for the Contract


Page 17 of 38

Administration and Inspection Stage is adjusted pro-rata to the extended

duration versus the originally expected duration.

o Where more frequent inspections are required due to poor contractor

performance or other extraneous factors these are normally considered to

be additional services.

o Dealing with excessive, unreasonable and spurious claims by the

Contractor.

Executing or arranging for the periodic monitoring and adjustment of the works,

after final handover and completion of construction and commissioning, in order to

optimise or maintain proper functioning of any process or system.

Investigating or reporting on tariffs or charges leviable by or to the client.

Advance ordering or reservation of materials and obtaining licenses and permits.

Preparing detailed operating, operation and maintenance manuals.

Additional services, duties and/or work resulting from project scope changes,

alterations and/or instructions by the client, or his duly authorized agents, requiring

the consulting engineer to advise upon, review, adapt and/or alter his completed

designs and/or any other documentation and/or change the services and/or duties.

Such additional services are subject to agreement in writing between the

consulting engineer and the client prior to the execution thereof .

The frequency and extent of site administration and inspections that are required

relative to the norm: The frequency and duration of works inspections will depend

on many factors, such as the nature, complexity and duration of the project, site

location, project programme, contractor competence, important elements of the

works being enclosed or covered etc. The norm is that meetings and inspections

should occur at an average frequency of once every 2 weeks with more frequent

occurrences during critical stages of the works as described for Level 1

Construction Monitoring in 3.3.2. When the frequency of meetings and inspections

exceeds this norm then such additional attendance at meetings and related

inspections are considered as additional services ,

Preparing record drawings on designs done by others or related to alterations to

existing works.

Work and or services related to targeted procurement that could entail, but is not

necessarily limited to any or all of the following:

o incorporation of any targeted participation goals and training outcomes,

o the measuring of key participation indicators,

o the selection, appointment and administration of participation and;

o auditing compliance with the above by any contractors and/or

professional consultant.


Page 18 of 38

Exceptional arrangements, communication, facilitation and agreements with any

stakeholders other than the client and contractors appointed for the works on which

the consulting engineer provides services.

Any other additional services, of whatever nature, specifically agreed to in writing

between the consulting engineer and the client.

Arranging forward cover for imported goods, materials or services.

4.2 CONSTRUCTION MONITORING

Quality assurance (QA) during construction refers to the engineering activities that

are implemented to assure the client that works are highly likely to meet the

requirements. This is achieved through a combination of the quality control

processes that are put in place by the contractor to control its outputs and the

inspection and acceptance testing that is carried out by the consulting engineer to

confirm conformance prior to certification. While the contractor takes the ultimate

responsibility for quality and meeting the design requirements, the purpose of

quality assurance plan and related construction monitoring is to inspect and satisfy

the client and the consulting engineer that the risk of these requirements not being

met, is acceptable.

This means that the client and consulting engineer should agree a satisfactory

arrangement in respect of construction monitoring that suits the type of work, the

project location and the duration of the critical aspects of the works. Disagreement

regarding the required level of construction monitoring should not be taken lightly

and the parties should carefully consider the consequences of non-compliances

and related responsibilities, bearing in mind that the consulting engineer has a duty

of care while the client should strive to ensure quality and minimise life-cycle costs.

The level of construction monitoring and the frequency and duration of the site visits

must be agreed with the client prior to commencement of the works and should be

recorded in the agreement with the client. The level of construction monitoring and

activities related to the quality assurance plan may change during the course of the

works to reduce quality related risks and this will require an amendment of the

agreement.

The stage 5 construction monitoring services described in 0 above will normally

suffice for simple projects where more regular inspections are not required other

than during critical stages of the works with less frequent visits once the portion of

the works in which the consulting engineer is involved has largely been completed.

However, there are many other situations where more regular construction

monitoring is required for quality assurance and certification.


Page 19 of 38

Arising from the above, construction monitoring required may be defined and

described, as follows:

o Level 3: Full-time Construction Monitoring (Full time staff seconded to the

client for the duration of the works and paid for by the client). The full time

construction monitoring staff shall:

o Maintain a full time presence on site to constantly review samples of

materials and work procedures, for conformity to contract documentation,

and review completed work prior to covering up, or on completion, as

appropriate.

o Assist with the preparation of as-built records and drawings to the extent

required in the agreement with the client

o Where the consulting engineer is the sole professional service provider or

principal agent, carry out such administration of the project as is

necessary on behalf of the client.

4.3 OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT 85 OF 1993)

On behalf of the Client provide additional services inclusive of:

The consulting engineer must arrange, formally and in writing, for the contractor to

provide documentary evidence of compliance with all the requirements of the

above Occupational Health and Safety Act.

The consulting engineer must execute the duties of the client, as his appointed

agent, as contemplated in the Construction Regulations to the above Occupational

Health and Safety Act.

4.4 QUALITY ASSURANCE SYSTEM

Consultation and agreement with the client on a quality management system or quality

assurance services, over and above construction monitoring services, to be applied to the

project. This in addition to normal services provided by the consulting engineer and to be

specifically defined and separately agreed in writing prior to commencement of works.

4.5 ENGINEERING MANAGEMENT SERVICES (PRINCIPAL CONSULTANT)

Should the client require the consulting engineer to undertake duties of an engineering

management nature on behalf of the client, where the project involves multi-disciplinary

team(s) the additional services will include the following:

4.5.1 Stage 1: Inception Services

4.5.1.1 Facilitate development of a clear project brief.

4.5.1.2 Establish the procurement policy for the project.


Page 20 of 38

4.5.1.3 Assist the client in the procurement of necessary and appropriate other consultants

including the clear definition of their roles and responsibilities.

4.5.1.4 Establish, in conjunction with the client, other consultants and all relevant authorities, the

site characteristics, rights and constraints for the proper design of the intended project.

4.5.1.5 Define the consultant's scope of work and services.

4.5.1.6 Conclude the terms of the agreement with the client.

4.5.1.7 Facilitate a schedule of the required consents and approvals.

4.5.1.8 Prepare, co-ordinate and monitor a project initiation programme.

4.5.1.9 Facilitate client approval of all Stage 1 documentation.

4.5.1.10 Typical deliverables:

Project brief

Agreed scope of work

Agreed services

o Project procurement policy

o Signed agreements

o Integrated schedule of consents and approvals

o Project initiation programme

o Records of all meetings

4.5.2 Stage 2: Concept and Viability Services

4.5.2.1 Assist the client in procurement of the other consultants.

4.5.2.2 Advise the client on the requirement to appoint a health and safety consultant.

4.5.2.3 Communicate the project brief to the other consultants and monitor the development of

the concept and viability.

4.5.2.4 Agree format and procedures for cost control and reporting by the other consultants.

4.5.2.5 Prepare a documentation programme and indicative construction programme.

4.5.2.6 Manage and integrate the concept and viability documentation for presentation to the

client for approval.

4.5.2.7 Facilitate approval of the concept and viability by the client.

4.5.2.8 Facilitate approval of the concept and viability by statutory authorities.

4.5.2.9 Typical deliverables

Signed consultant/client agreements

Indicative documentation programme and construction programme

Approval by the client to proceed to Stage 3


Page 21 of 38

4.5.3 Stage 3: Design Development Services

4.5.3.1 Agree and implement communication processes and procedures for the design

development of the project.

4.5.3.2 Assist the client in the procurement of the necessary other consultants including the clear

definition of their roles and responsibilities.

4.5.3.3 Prepare, co-ordinate, agree and monitor a detailed design and documentation

programme.

4.5.3.4 Conduct and record consultants ' and management meetings.

4.5.3.5 Facilitate input required by health and safety consultant.

4.5.3.6 Facilitate design reviews for compliance and cost control.

4.5.3.7 Facilitate timeous technical co-ordination.

4.5.3.8 Facilitate client approval of all Stage 3 documentation.


Additional signed client/consultant agreements

Documentation programme


Approval by the client to proceed to Stage 4

4.5.4 Stage 4: Documentation and Procurement Services

4.5.4.1 Recommend and agree procurement strategy for contractors, subcontractors and

suppliers with the client and the other consultants.

4.5.4.2 Prepare and agree the procurement programme.

4.5.4.3 Advise the client, in conjunction with the other consultants, on the appropriate

insurances.

4.5.4.4 Co-ordinate and monitor preparation of procurement documentation by the other

consultants in accordance with the project procurement programme.

4.5.4.5 Manage procurement process and recommend contractors for approval by the client.

4.5.4.6 Agree the format and procedures for monitoring and control by the quantity surveyor of

the cost of the works.

4.5.4.7 Co-ordinate and assemble the contract documentation for signature.


Procurement programme

Tender/contract conditions

Records of all meetings

Obtain approval by the client of tender recommendation(s)

Contract documentation for signature


Page 22 of 38

4.5.5 Stage 5: Contract Administration Services

4.5.5.1 Arrange site handover to the contractor.

4.5.5.2 Establish construction documentation issue process.

4.5.5.3 Agree and monitor issue and distribution of construction documentation.

4.5.5.4 Instruct the contractor on behalf of the client to appoint subcontractors.

4.5.5.5 Conduct and record regular site meetings.

4.5.5.6 Monitor, review and approve the preparation of the construction programme by the

contractor.

4.5.5.7 Regularly monitor performance of the contractor against the construction programme.

4.5.5.8 Adjudicate entitlements that arise from changes required to the construction programme.

4.5.5.9 Receive, co-ordinate and monitor approval of all contract documentation provided by

contractor(s).

4.5.5.10 Agree quality assurance procedures and monitor implementation thereof by the other

consultants and the contractors.

4.5.5.11 Monitor preparation and auditing of the contractor 's health and safety plan and approval

thereof by the health and safety consultant

4.5.5.12 Monitor preparation of the environmental management plan by the consultant.

4.5.5.13 Establish procedures for monitoring scope and cost variations.

4.5.5.14 Monitor, review, approve and issue certificates.

4.5.5.15 Receive, review and adjudicate any contractual claims.

4.5.5.16 Monitor preparation of financial control reports by the other consultants.

4.5.5.17 Prepare and submit progress reports.

4.5.5.18 Coordinate, monitor and issue practical completion and defects lists and the certificate

of practical completion.

4.5.5.19 Facilitate and expedite receipt of the occupation certificate where relevant.


Signed contracts

Approved construction programme

Construction documentation

Payment certificates

Progress reports

Record of meetings

Certificate(s) of practical completion and defects lists

4.5.6 Stage 6: Close Out Services

4.5.6.1 Co-ordinate and monitor rectification of defects.

4.5.6.2 Manage procurement of operations and maintenance manuals, guarantees and

warranties.

4.5.6.3 Manage preparation of as-built drawings and documentation.


Page 23 of 38

4.5.6.4 Manage procurement of outstanding statutory certificates.

4.5.6.5 Monitor, review and issue payment certificates.

4.5.6.6 Issue completion certificates.

4.5.6.7 Manage agreement of final account(s).

4.5.6.8 Prepare and present the project close-out report.


Completion certificates

Record of necessary meetings

Project close-out report

5. GENERAL NOTES

As these stages might overlap, the Standard Services stated hereunder may be required

to be undertaken during any one of the Project Work Stages. The order of the Standard

Services does not necessarily reflect the actual sequence of Implementation.

6. EVALUATION CRITERIA

6.1 PHASE 1

Administrative Evaluation Criteria

Initial Screening Process: At this phase bidder’s response are reviewed to check

if bidders have responded according to CEF (SOC) Ltd RFP document.

6.2 PHASE 2

Mandatory Requirements

No Mandatory Comply Not Comply

6.1 The bidder must be a Practising Engineering Company

and must be registered with Consulting Engineering

South Africa (CESA) proof to be submitted.

6.2 The Lead Engineer must be registered with Engineering

Council South Africa (ECSA) and must provide a

Professional/Membership certificate.

6.3 PHASE 3

Technical evaluation

Bidders will be evaluated according to the below technical evaluation criteria.

Minimum Technical Threshold is 70%. It must be noted that if the Bidder does not

meet the 70% minimum threshold, the bidder will be disqualified and not be

evaluated further


Page 24 of 38

Minimum Technical Threshold 70%

No. Technical Information Score Proof of

Document/s

Weighing %

6.3.1 The Bidders Experience

The bidder must provide reference letter (s), where similar services have been rendered.

Please provide reference letter (s) as proof for previous projects experience

implemented.

The reference letter (s) on client's letter head, signed and must include the company

name, contact person, contact details (telephone number) and it should indicate

when was the service done

Reference letters or more 5 Reference letter(s)

15%

Reference letters 4

Reference letters 3

Reference letters 2

Reference letter 1

No Reference letter submitted 0


Document/s

Weighing %

6.3.2 Experience of the Lead Engineer

The Lead Engineer that will be managing the project must have a minimum of five (5) years’

experience in defining, developing and/or implementing similar project.

Provide a copy of a 2-page C.V. of the Lead Engineer, detailing the relevant years of

experience.

8 and more years of experience

Excellent response – gives real

confidence that the respondent will add

real value regarding resource allocation

work stream identification, and previous

success in proposed position to

successfully implement the project

5 CV of the Lead

Manager

20%

> 5 years but < 8 years of experience

Above acceptable response:

demonstrates understanding of

requirements and evidence of ability to

provide specialist services for the works

as well as a strong contingent of

resources work stream allocation to

implement the project

4


Page 25 of 38

5 years of experience Lead Engineer available with average

experience

3

< 5 years’ experience Less than the required minimum

experience

0


Document/s

Weighing %

6.3.3 Experience of the staff

All resources/staff that will be deployed at CEF for the project should have a minimum of 3

years’ experience in their area of expertise.

Provide a copy of a 2-page C.V. for each resource that will be deployed at CEF (SOC)

Ltd

5 and more years of experience

Excellent response – gives real

confidence that the respondent will add

real value regarding resource allocation

work stream identification, and previous

success in proposed position to

successfully implement the project

5 CV of the

resources to

deployed at CEF

20%

> 3 years but < 5 years of experience Above acceptable response: demonstrates understanding of requirements and evidence of ability to provide specialist services for the works as well as a strong contingent of resources work stream allocation to implement the project

4

3 years of experience Team allocated with average experience

3

< 3 years’ experience Less than the required minimum experience

0


Page 26 of 38


Document/s

Weighing %

6.3.4 Execution Plan including milestones, deliverables and dates

Contains in the Execution Plan sufficient details regarding Milestones, Deliverables, Dates

and resource plan.

Excellent: Content on elements at an

exceptional level and fully understand the

project Execution Plan and with value add

5 CV of the

resources to

deployed at CEF

15%

Very Good: Content on elements at an extensive level and fully understand the project Execution Plan with no value add

4

Good: Content on elements reasonably

meeting the requirements

3

Average: Content on elements

reasonably meeting some of the

requirements on the project

2

Poor: Limited content on elements submitted or no level of understanding of the project Execution Plan.

1

No Execution plan submitted

0

Technical Information Score Proof of

Document/s

Weighing %

6.3.5 Team/ resource structure

Design team structure clearly defines the

teams specialities

5 Team structure

with

roles/Organogram

10%

Design team structure partially defines the

teams specialities

4

Design team structure does not clearly

define the teams specialities

3

Design team structure does not define the

teams specialities

2

No team structure submitted 0


Document/s

Weighing %

6.3.6 Professional Membership/Certificate

The Site Supervisor is registered with a

related Professional Body

5 Certificate 10%

The Site Supervisor is NOT registered

with the Professional Body

1


Page 27 of 38


Document/s

Weighing %

6.3.7 Professional Membership/Certificate

The Quality Assurance is registered with

a related Professional Body

5 Certificate 10%

The Quality Assurance is NOT registered

with the Professional Body

1

6.4 PHASE 4

Commercial Evaluation Criteria alignment

Commercial evaluation will be conducted on bidders who met the 70% threshold

Price 80

B-BBEE Preference Points 20

7. GENERAL SERVICE PROVIDER OBLIGATIONS

7.1 The Service Provider(s) shall be fully responsible to CEF (SOC) Ltd for the acts and

omissions of persons directly or indirectly employed by them.

7.2 The Service Provider(s) must comply with the requirements stated in this RFP.

8. RISK

Bidders must elaborate on the control measures put in place by their entity, which would

mitigate the risk to CEF (SOC) Ltd pertaining to potential non-performance by a bidder, in

relation to:

8.1 Quality of services delivered:

___________________________________________________________________

___________________________________________________________________

__________________________________________________________

8.2 Continuity of the provision of services:

___________________________________________________________________

___________________________________________________________________

__________________________________________________________

9. EVALUATION METHODOLOGY

CEF (SOC) Ltd will utilise the following methodology and criteria in selecting a preferred

Service Provider, if so required:

Phase 1: Administrative Response

Phase 2: Mandatory Requirement

Phase 3: 70% Minimum Threshold for Technical/Functionality

Phase 4: Weighted Scoring (Price and B-BBEE)

Phase 5: Post Tender Negotiations (if applicable) requesting bidders to provide

best and final offer. Final evaluation in terms of 80/20. Final award

of contract.


Page 28 of 38

9.1 Phase 1: Test for Administrative Responsiveness

The test for administrative responsiveness will include the following:

Administrative responsiveness check

Whether the Tender has been received on time

Whether all Returnable Documents were completed and returned by the

closing date and time

Verify the validity of all returnable documents (Mandatory documents)

Whether the Tender contains a priced offer

The test for administrative responsiveness [Stage One] must be passed for a

bidder’s Proposal to progress to Stage Two for further pre-qualification

9.2 Phase 2: Mandatory Requirement

9.3 Phase 3: Minimum Threshold 70% for Technical Criteria

As prescribed in terms of the PPPFA and its Regulations, bidders are to note the

following: Functionality is included as a threshold with a prescribed percentage

threshold of 80%.

The following applicable values will be utilised when scoring each criterion

mentioned above:

Points Interpretation

0 Non Responsive

1 Poor

2 Average

3 Good

4 Very good

5 Excellent

9.4 Phase 4: Evaluation and Final Weighted Scoring

Price [Weighted score 80 points]:

CEF (SOC) Ltd will utilise the following formula in its evaluation of Price:

PS = 80 (1 −Pt−Pmin

Pmin)

Where:

Ps = Score for the Tender under consideration

Pt = Price of Tender under consideration

Pmin = Price of lowest acceptable Tender


Page 29 of 38

a) Broad-Based Black Economic Empowerment criteria

[Weighted score 20 points]

B-BBEE - current scorecard / B-BBEE Preference Points Claims Form

Preference points will be awarded to a Bidder for attaining the B-BBEE status

level of contribution in accordance with the table indicated in Annexure B

Evaluation Criteria Final Weighted Scores

Price 80

B-BBEE - Scorecard 20

TOTAL SCORE: 100

9.5 Phase 5: Post Tender Negotiations (if applicable)

CEF (SOC) Ltd reserves the right to conduct post tender negotiations with a

shortlist of bidders (s). The shortlist could comprise of one or more bidders. Should

CEF (SOC) Ltd conduct post tender negotiations, Bidders will be requested to

provide their best and final offers to CEF (SOC) Ltd based on such negotiations. A

final evaluation will be conducted in terms of 80/20 and the contract will be

negotiated and awarded to the successful bidder.


Page 30 of 38

PART 3: PROPOSAL FORM

I/We____________________________________________________________________

[name of entity, company, close corporation or partnership]

of [full address]

__________________________________________________________________________

______________________________________________________________________ .....

carrying on business trading/operating as ________________________________________

represented by_____________________________________________________________

in my capacity as ___________________________________________________________

being duly authorised thereto by a Resolution of the Board of Directors or Members or Certificate

of Partners hereby offer to provide the abovementioned Services at the prices quoted in the

schedule of prices in accordance with the terms set forth in the documents listed in the

accompanying schedule of RFP documents.

I/We agree to be bound by those conditions in CEF (SOC) Ltd’s:

(i) Contract Conditions (to be available for the successful Bidder

I/We accept that unless CEF (SOC) Ltd should otherwise decide and so inform me/us in the letter

of appointment, this Proposal [and, if any, its Annexures and Appendices], together with CEF

(SOC) Ltd’s acceptance thereof shall constitute a binding contract between CEF (SOC) Ltd and

me/us.

Should CEF (SOC) Ltd decide that a formal contract should be signed and so inform me/us in a

letter of appointment, this Proposal, Purchase Order [and, if any, its Annexures and Appendices]

shall constitute a binding contract between CEF (SOC) Ltd and me/us until the formal contract is

signed.

I/We further agree that if, after I/we have been notified of the acceptance of my/our Proposal, I/we

fail to enter into a formal contract if called upon to do so, or fail to commence the provision of

Services within 4 [four] months thereafter, CEF (SOC) Ltd may, without prejudice to any other

legal remedy which it may have, recover from me/us any expense to which it may have been put

in calling for Proposals afresh and/or having to accept any less favourable Proposal.

I/We accept that any contract resulting from this offer will be for a period of 3 months. Furthermore,

I/we agree to a penalty clause/s to be negotiated with CEF (SOC) Ltd, which will allow CEF (SOC)

Ltd to invoke a penalty against us for non-compliance with material terms of this RFP including

the delayed provision of the Services In addition, I/we agree that non-compliance with any of the

material terms of this RFP, including those mentioned above, will constitute a material breach of

contract and provide CEF (SOC) Ltd with cause for cancellation.

ADDRESS FOR NOTICES

The law of the Republic of South Africa shall govern any contract created by the acceptance of

this RFP. The domicilium citandi et executandi shall be a place in the Republic of South Africa to

be specified by the Bidder hereunder, at which all legal documents may be served on the Bidder

who shall agree to submit to the jurisdiction of the courts of the Republic of South Africa. Foreign

Bidders shall, therefore, state hereunder the name of their authorised representative in the

Republic of South Africa who has the power of attorney to sign any contract which may have to

be entered into in the event of their Proposal being accepted and to act on their behalf in all

matters relating to such contract.

Bidder to indicate the details of its domicilium citandi et executandi hereunder:


Page 31 of 38

Name of Entity: ____________________________________________________________

Facsimile: ________________________________________________________________

Address:

_________________________________________________________________________

__________________________________________________________________________

_________________________________________________________________________

NOTIFICATION OF AWARD OF RFP

As soon as possible after approval to award the contract(s), the successful bidder [the Service

Provider] will be informed of the acceptance of its proposal. Unsuccessful bidders will be advised

in writing of the name of the successful Service Provider and the reason as to why their Proposals

have been unsuccessful, for example, in the category of price, delivery period, quality, B-BBEE

status or for any other reason.

VALIDITY PERIOD

CEF (SOC) Ltd requires a validity period of 90 [ninety] days [from closing date] against this RFP.

NAME(S) AND ADDRESS / ADDRESSES OF DIRECTOR(S) OR MEMBER(S)

The bidders must disclose hereunder the full name(s) and address(s) of the director(s) or

members of the company or close corporation [CC] on whose behalf the RFP is submitted.

(i) Registration number of company / C.C.

__________________________________________________

(ii) Registered name of company / C.C.

__________________________________________________

(iii) Full name(s) of director/member(s) Address/Addresses ID Number(s)

CONFIDENTIALITY

All information related to this RFP is to be treated with strict confidence. In this regard Bidders

are required to complete and return a signed copy of Certificate of Acquaintance with the Non-

Disclosure Agreement. All information related to a subsequent contract, both during and after

completion thereof, will be treated with strict confidence. Should the need however arise to

divulge any information gleaned from provision of the Services, which is either directly or indirectly

related to CEF (SOC) Ltd’s business, written approval to divulge such information must be

obtained from CEF (SOC) Ltd.

RETURNABLE DOCUMENTS

Returnable Documents means all the documents, Parts and Annexures, as listed in the tables

below.

a) Mandatory Returnable Documents

Failure to provide all mandatory Returnable Documents at the closing date and time

of this tender will result in a bidder’s disqualification. Bidders are therefore urged to

ensure that all these Documents are returned with their Proposals.

Please confirm submission of the mandatory Returnable Documents detailed below by so

indicating [Yes or No] in the table below:


Page 32 of 38

MANDATORY RETURNABLE DOCUMENTS SUBMITTED

[Yes/No]

Original and valid Tax Clearance Certificate [Consortia / Joint

Ventures must submit a separate Tax Clearance Certificate for

each party]

Price schedule

Company Profile

Lead Engineer must be registered with ECSA and must provide

a Professional/Membership certificate

b) Essential Returnable Documents

In addition to the requirements of Part (a) above, Bidders are further required to submit with

their Proposals the following essential Returnable Documents as detailed below.

Failure to provide all essential Returnable Documents may not result in a Bidder’s

disqualification. Bidders are urged to ensure that all these documents are returned

with their Proposals for fulfilling the evaluation of the responses.

Please confirm submission of these essential Returnable Documents by so indicating [Yes

or No] in the table below:

CONTINUED VALIDITY OF RETURNABLE DOCUMENTS

The successful Bidder will be required to ensure the validity of all returnable documents, including

but not limited to its Tax Clearance Certificate and valid B-BBEE Verification Certificate, for the

duration of any contract emanating from this RFP. Should the Bidder be awarded the contract

[the Agreement] and fail to present CEF (SOC) Ltd with such renewals as and when they become

due, CEF (SOC) Ltd shall be entitled, in addition to any other rights and remedies that it may have

in terms of the eventual Agreement, to terminate such Agreement forthwith without any liability

ESSENTIAL RETURNABLE DOCUMENTS & SCHEDULES SUBMITTED

[Yes or No]

B-BBEE Certificate

CSD Summary Report

PART 3 : Proposal Form

PART 4 : Signing Power - Resolution of Board of Directors

PART 5 : Certificate of Acquaintance with RFP Documents

PART 6 : Certificate of Acquaintance with Scope of Work

PART 7 : Breach of Law Form

ANNEXURE A : SBD 4 Declaration of Interest

ANNEXURE B : SBD 6.1 Preference Claim Form

ANNEXURE C : SBD 8 Declaration of Bidder’s Past SCM Practises

ANNEXURE D : SBD 9 Certificate of Independent Bid Determination

Reference letters


Page 33 of 38

and without prejudice to any claims which CEF (SOC) Ltd may have for damages against the

Bidder.

By signing these RFP documents, the Bidder is deemed to acknowledge that he/she has made

himself/herself thoroughly familiar with all the conditions governing this RFP, including those

contained in any printed form stated to form part hereof, and CEF (SOC) Ltd SOC Ltd will

recognise no claim for relief based on an allegation that the bidder overlooked any such condition

or failed properly to take it into account for the purpose of calculating tendered prices or otherwise


Page 34 of 38

PART 4: SIGNING POWER – RESOLUTION OF BOARD OF DIRECTORS

NAME OF ENTITY: ______________________________________________

It was resolved at a meeting of the Board of Directors held on ____________ that

FULL NAME(S) CAPACITY

________________________ ______________________________

________________________ ______________________________

________________________ ______________________________

_______________________ ______________________________

in his/her capacity as indicated above is/are hereby authorised to enter into, sign, execute and

complete any documents relating to this Proposal and any subsequent Agreement for the

provision of Services. A list of those person(s) authorised to negotiate on behalf of the

abovementioned entity [if not the authorised signatories] is also submitted along with this Proposal

together with their contact details.

FULL NAME ________________________ __________________________

SIGNATURE CHAIRMAN

FULL NAME _________________________ __________________________

SIGNATURE SECRETARY


Page 35 of 38

PART 5: CERTIFICATE OF ACQUAINTANCE WITH RFP DOCUMENTS

NAME OF ENTITY: __________________________________________________

1. I/We _____________________________________________________ do hereby certify

that I/we acquainted myself/ourselves with all the documentation comprising this RFP and

all conditions contained therein, as laid down by CEF (SOC) Ltd SOC Ltd for the carrying

out of the proposed service for which I/we submitted my/our Proposal.

2. I/we furthermore agree that CEF (SOC) Ltd shall recognise no claim from me/us for relief

based on an allegation that I/we overlooked any RFP/contract condition or failed to take it

into account for the purpose of calculating my/our offered prices or otherwise.

3. I/We accept that an obligation rests on me/us to clarify any uncertainties regarding this

Tender which I/we may have, before submitting the Tender. I/We agree that I/we will have

no claim based on an allegation that any aspect of this RFP was unclear but in respect of

which I/we failed to obtain clarity.

4. I/we understand that the accompanying Tender will be disqualified if this Certificate is found

not to be true and complete in every respect.

5. For the purposes of this Certificate and the accompanying Tender, I/we understand that the

word “competitor” shall include any individual or organisation, other than the Bidder, whether

or not affiliated with the Bidder, who:

a) Has been requested to submit a Tender in response to this Tender invitation;

b) Could potentially submit a Tender in response to this Tender invitation, based on their

qualifications, abilities or experience; and

c) Provides the same Services as the Bidder and/or is in the same line of business as

the Bidder

6. The Bidder has arrived at the accompanying Tender independently from, and without

consultation, communication, agreement or arrangement with any competitor. However

communication between partners in a joint venture or consortium will not be construed as

collusive Tendering.

7. In particular, without limiting the generality of paragraph 5 above, there has been no

consultation, communication, agreement or arrangement with any competitor regarding:

a) Prices;

b) Geographical area where Services will be rendered [market allocation]

c) Methods, factors or formulas used to calculate prices;

d) The intention or decision to submit or not to submit, a Tender;

e) The submission of a Tender which does not meet the scope of work and conditions of

the RFP; or

f) Tendering with the intention of not winning the Tender.


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8. In addition, there have been no consultations, communications, agreements or

arrangements with any competitor regarding the quality, quantity, scope of work and

conditions or delivery particulars of the Services to which this RFP relates.

9. The terms of the accompanying Tender 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

Tender opening or of the awarding of the contract.

10. I/We am/are aware that, in addition and without prejudice to any other remedy provided to

combat any restrictive practices related to tenders and contracts, Tenders that are

suspicious will be reported to the Competition Commission for investigation and possible

imposition of administrative penalties in terms of Part 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 10 [ten] years in terms of the Prevention and Combating of Corrupt

Activities Act No 12 of 2004 or any other applicable legislation.

SIGNED at ___________________________ on this _____ day of

___________________20___

_____________________________ __________________

SIGNATURE OF WITNESS SIGNATURE OF BIDDER


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PART 6: CERTIFICATE OF ACQUAINTANCE WITH SCOPE OF WORK

I/We ________________________________________________________ do hereby certify that

I/we acquainted myself/ourselves with all the documentation comprising the Scope of Work for the

carrying out of the proposed Services for which I/we submitted my/our Proposal.

I/We furthermore agree that CEF (SOC) Ltd SOC Ltd shall recognise no claim from me/us for

relief based on an allegation that I/we overlooked any provisions of the Scope of Work or failed to

take it into account for the purpose of calculating my/our offered prices or otherwise.

I/We confirm having been advised that a signed copy of this Schedule can be submitted in lieu of

the Scope of Work as confirmation in terms of the Returnable Schedule.

SIGNED at ___________________________ on this _____ day of

___________________20___

_____________________________ ___________________



Page 38 of 38

PART 7: BREACH OF LAW FORM

NAME OF ENTITY: ___________________________________________________

I/We_______________________________________________________________

do hereby certify that I/we have/have not been [delete as applicable] found guilty during the

preceding 5 [five] years of a serious breach of law, including but not limited to a breach of the

Competition Act, 89 of 1998, by a court of law, tribunal or other administrative body. The type of

breach that the Bidder is required to disclose excludes relatively minor offences or

misdemeanours, e.g. traffic offences.

Where found guilty of such a serious breach, please disclose:

NATURE OF BREACH:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________

DATE OF BREACH:

____________________________________________________________________

Furthermore, I/we acknowledge that CEF (SOC) Ltd SOC Ltd reserves the right to exclude any

Bidder from the Tendering process, should that person or entity have been found guilty of a

serious breach of law, tribunal or regulatory obligation.

SIGNED at ___________________________on this _________ day of

_______________________20__

_____________________________ ___________________
