groot drakenstein „agri village‟...

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Q 2012/834

GROOT DRAKENSTEIN „AGRI VILLAGE‟ DEVELOPMENT

PROVISION OF PROFESSIONAL SERVICES: DEVELOPMENT OF FEASIBILITY STUDY/BUSINESS PLAN FOR THE PROPOSED DEVELOPMENT OF AN

INTEGRATED „AGRI-VILLAGE‟

COMPANY NAME ………………..………………………………………………………………

POSTAL ADDRESS ……………………………………..……..…………………………………..

…………………………………………..……………………………………

………………………………….

ANY ENQUIRIES REGARDING THE BIDDING PROCEDURE MAY BE DIRECTED TO:

Department: Financial Management Services Supply Chain Management

Tel: 086 126 5263 Fax: 086 688 4173

NOTE: Revised Preferential Procurement Regulations became effective on 7 December 2011.

Bidders wishing to be awarded points in terms of the Broad-Based Black Economic

Empowerment Act must submit a certified copy of their Balanced Broad-Based Black Economic Empowerment Score Card. Failure to submit the abovementioned B-BBEE Score Card will result in the bidder only receiving the applicable points for price.

For more information please visit:

The Department of Trade and Industry: http://bee.thedti.gov.za/ The Association of BEE Verification Agencies: http://www.abva.co.za/

http://bee.thedti.gov.za/

http://www.abva.co.za/

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CAPE WINELANDS DISTRICT MUNICIPALITY

Q 2012/834

PROPOSED NIEUWEDRIFT AGRI VILLAGE BENEFICIARY VERIFICATION STUDY

DOCUMENT

PAGE

A. Notice.................................................................................................................. B. Conditions of Quotations..................................................................................... C. Contract Data…………………………………………………….…………………… D. Terms of Reference ……………………………………….………………………… E. Form of Offer and Acceptance……………………………………………………… F. Questionnaire – (List of partners/members/directors & B-BBEE Act)………… G. Declaration by Supplier …..………………………………………………….……… H. Certificate of Independent Bid Determination ……………………………………. I. Credit Order Instruction……………………………………………………….……. J. Annexure A: Locality Map…………………………………………………………. K. Annexure B: Project Flow Diagram……..……………………….………………

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A. QUOTATION NOTICE Written Price Quotations are hereby invited from suitably qualified and experienced service providers for the development of an appropriate Feasibility Study/Business Plan in pursuance of the development of the envisaged „Groot Drakenstein Agri-Village‟.

Documents are obtainable from the Supply Chain Management Unit of the Cape Winelands District Municipality at 29 Du Toit Street, Stellenbosch - Tel no 0861 265 263. Alternatively documents may be downloaded from the website: www.capewinelands.gov.za → Supply Chain → View tenders and quotes → Quotations open.

Technical enquiries regarding this bid can be directed to Mr Francois Theron (Project Manager) of Aurecon at telephone no. 044-805 5451 or 044 874 2165.

Duly completed documents shall be enclosed in a sealed envelope and endorsed “Q 2012/834: GROOT DRAKENSTEIN AGRI VILLAGE: FEASIBILITY STUDY /BUSINESS PLAN on the envelope. The sealed document shall be placed in the official tender box of the District Municipality‟s offices at 29 Du Toit Street, Stellenbosch, before 11h00 on Wednesday, 11 July 2012

M MGAJO MUNICIPAL MANAGER

http://www.capewinelands.gov.za/

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B. GENERAL CONDITIONS OF QUOTATION – JULY 2010

1. The prospective Bidder‟s attention is drawn to the following list of forms, attached to this document, and other documents that shall be completed and submitted with his/her bid documents:

a) Official Quotation Form (Form E)

b) Questionnaire – (List of partners/members/directors & B-BBEE Act) (Form F)

c) Declaration by Supplier (Form G)

d) Certificate of Independent Bid Determination - MBD 9 (Form H)

e) A valid and originally certified B-BBEE Score Card (not a photo-copy of another certified copy)

f) An original Tax Clearance Certificate issued by the South African Revenue Service

g) Proof of registration for VAT (if applicable)

2. In terms of Section 112(1)(l) of the Local Government : Municipal Finance Act, 2003 (Act No 56 of 2003), persons who were convicted for fraud or corruption or who wilfully neglected, reneged on or failed to comply with a government tender during the past 5 years, or whose tax matters are not cleared by the South African Revenue Services may not participate in the bidding process and the bidder shall submit a sworn statement to this effect. 3. The official quotation form must be completed in BLACK ink and any corrections to

the official quotation form must also be made in BLACK ink and signed by the bidder. Any Formal Written Price Quotation received with correction fluid (Tippex) corrections shall be disqualified.

4. Quotations that are not clearly endorsed, or which are received after the closing time and

date will not be considered. 5. Telexed, faxed or e-mailed quotations will not be accepted. 6. The forms should be carefully completed and no errors will be condoned after bids have

been opened. 7. The fact and action of handing in a quotation to the Council is accepted as a contract

between the Council and the Bidder whereby such a quotation remains valid and available for a period of ninety (90) days, calculated from the closing date as advertised for the quotation, for acceptance, or non-acceptance by the Council. The bidder undertakes not to withdraw, or alter, the tender during this period.

Notice of acceptance of the quotation by the Municipal Manager will be considered as a binding contract with effect from the date of such notice.

8. The bidder will be liable to take out forward cover to barricade him/her against fluctuation of the exchange rate in the event of importing any component, related to the quotation, from a country dealing in currency other than that of South Africa.

9. The Council does not bind itself to accept the lowest or any, quotation and reserves the right to accept any quotation in whole or part.

10. Please note that no bids will be considered from persons in the service of the State.

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11. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the bidder or their authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.

12. The bid of any person who canvasses or solicits, or causes to be canvassed or solicited,

the support of any person employed by or in the service of the Employer or of the Consulting Engineer in favour of his offer, will not be considered.

13. In accordance with procurement guidelines, a two-envelope tender system will be

followed and your proposal shall be sealed in one outer and two inner envelopes, as detailed below:

The outer envelope shall be addressed to the Cape Winelands District Municipality and clearly indicate the quotation number, quotation description, closing date and time of submission.

Both inside envelopes shall indicate your firm's name and address. The first inner envelope shall be marked "Technical Proposal" and contain the Technical Component of your proposal. The second inner envelope shall be marked "Price Proposal" and include your financial cover letter and Cost Component, as well as all the tender documentation required by Cape Winelands District Municipality as part of any tendering process.

Your proposal shall therefore comprise the following documents:

(a) The Technical Proposal should be concisely presented and structured in the

following order to include, but not necessarily be limited to, the following information:

Approach paper and Methodology, Timeframe and Deliverables

The approach paper must respond to the proposed scope of work/project design and outline the proposed approach/methodology and work plan complete with time frames.

The tenderer must as such explain his / her understanding of the objectives of the assignment and the Employer‟s stated and implied requirements, highlight the issues of importance, and explain the technical approach they would adopt to address them. The approach paper should explain the methodologies which are to be adopted, demonstrate the compatibility of those methodologies with the proposed approach (for instance, the methods of interpreting available data carrying out investigations, analyses, and studies; and comparing alternative solutions) and address any modifications to or fully develop the scope of work proposed by the Employer. The approach should also indicate processes, procedures and associated resources, applied by whom and when, to meet the requirements.

The scoring of this section will be as follows:

Technical approach and methodology Work plan

Poor (score 5)

The technical approach and / or methodology is poor / is unlikely to satisfy project objectives or requirements. The tenderer has misunderstood certain aspects of the scope of work and does not deal with the critical aspects of the project.

The activity schedule omits important tasks or the timing of the activities and correlation among them are inconsistent with the approach paper. There is lack of clarity and logic in the sequencing.

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Satisfactory (score 10)

The approach is generic and not tailored to address the specific project objectives and requirements. The approach does not adequately deal with the critical characteristics of the project. The quality plan is too generic.

All key activities are included in the activity schedule, but are not detailed. There are minor inconsistencies between timing, project deliverables and the proposed approach.

Good (score 18)

The approach is specifically tailored to address the specific project objectives and requirements and is sufficiently flexible to accommodate changes that may occur during execution. The quality plan is specifically tailored to the critical characteristics of the project.

The work plan fits the approach paper well; all important activities are indicated in the activity schedule and their timing and sequencing is appropriate and consistent with project objectives and requirements. There is a fair degree of detail that facilitates understanding of the proposed work plan.

Very good (score 20)

Besides meeting the “good” rating, the important issues are approached in an innovative and efficient way, indicating that the tenderer has outstanding knowledge of state-of-the- art approaches. The approach paper details ways to improve the project outcomes and the quality of the outputs

Besides meeting the “good” rating, decision points and the sequencing and timing of activities are very well defined, indicating that the tenderer has optimized the use of resources. The work plan permits flexibility to accommodate contingencies.

Expertise and experience of key personnel The tenderer should provide information that will facilitate the evaluation of your firm/consortium‟s substantive reliability and financial, technical and managerial capacity to provide the required services. Also attach the CVs of key personnel that would be involved in this project. The composition of the team which you would propose to undertake this assignment and their activities (including supervisory), should be provided.

The scoring of this section will be done as follows: General qualifications

(Greater weighting will be given to the team leader)

Adequacy for the assignment (Greater weighting will be given to the team leader)

Knowledge of issues pertinent to the project (Greater weighting will be given to the team leader)

Poor

(score 5)

Key staff have limited levels of general experience

Key staff have limited levels of project specific education, training and experience

Key staff have limited experience of issues pertinent to the project


Key staff have reasonable levels of general experience

Key staff have reasonable levels of project specific education, training and experience

Key staff have reasonable experience of issues pertinent to the project

Good

(score 18)

Key staff have extensive levels of general experience

Key staff have extensive levels of project specific education, training and experience

Key staff have extensive experience of issues pertinent to the project


Key staff have outstanding levels of general experience

Key staff have outstanding levels of project specific education, training and experience

Key staff have outstanding experience of issues pertinent to the project

Comparable Projects

The tenderer should include a brief description and an outline of recent experience on projects of a similar nature. In addition, the contact details of the relevant Clients for projects undertaken of a similar nature should be provided as this forms part of the evaluation process.

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The scoring of this section will be as follows:

Poor (score 5)

Tenderer has limited experience in projects of a similar nature. (1 or less project)


Tenderer has satisfactory experience in projects of a similar nature. (4 or more projects)

Good (score 18)

Tenderer has extensive experience in projects of a similar nature.(8 or more projects)


Tenderer has outstanding experience in projects of a similar nature.(10 or more projects)

Quality shall be scored independently by not less than three evaluators and the average score in respect of each of the criteria will be added to obtain the total score for the Technical proposal.

The Financial Component of the proposal will only be considered of bidders who scored 45 and more out of the available 60 points in the Technical Component. The premium placed on the Technical Component is high due to the specialist nature of the service and quality of the end product that is required.

14. The applicable 80/20 preferential points system as set out in the Revised Preferential

Procurement Regulations will be used to evaluate individual Written Price Quotations.

Bidders wishing to benefit from it must submit a valid and originally certified copy (not a photo-copy of another certified copy) of their Balanced Broad-Based Black Economic Empowerment Score Card. Failure to submit the abovementioned B-BBEE Score Card will result in the bidder only receiving the applicable points for price.

Regulation R502 of 8 June 2011 provides for a preference points system

80/20 Points System for tenders/procurement with a value of >R 30,000 to R 1,000,000

“HOWEVER, the threshold value, determined by the Municipal Supply Chain Management Regulations, for submitting WPQ’s is only R 200,000”

The points are awarded as follows:

80 points is awarded for the lowest price if it complies with the tender conditions.

additional points is awarded for attaining the B-BBEE status level of contributor in accordance with the table below:

B-BBEE Status Level of Contributor Number of Points

1 20

2 18

3 16

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

IN TERMS OF LEGISLATION AN ORIGINAL TAX CLEARANCE CERTIFICATE MUST ACCOMPANY THIS WRITTEN PRICE QUOTATION.

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C. CONTRACT DATA Part 1: Data provided by the Employer The Employer is: Cape Winelands District Municipality PO Box 100, Stellenbosch, 7599 The Employer‟s Telephone Number is: 0861265263 The Employer‟s VAT Registration Number is: 4700193495 The designated contact person of the Cape Winelands District Municipality is: Name: Faarieg Rhoda Telephone: 021-8885281 Facsimile: 021-8829931 E-mail: [email protected]

The Service Provider is required to provide the Service with all reasonable care, diligence and skill.

Copyright of documents prepared for the Project shall vest with the Employer.

Interim settlement of disputes is to be by mediation.

Final settlement of disputes is to be by arbitration.

In the event that the parties fail to agree on a mediator, the mediator is nominated by the Employer.

In the event that the parties fail to agree on an arbitrator, the arbitrator is nominated by the Employer.

Neither the Employer nor the Service Provider is liable for any loss or damage resulting from any occurrence unless a claim is formally made within 24 months from the date of termination or completion of the Contract.

DATA PROVIDED BY THE SERVICE PROVIDER

The Service provider ………………….................................................................................................

Address ...................................................................................................................................... Telephone ..................................................................................................................................... Cellular phone: ………………………………………………………………..…………………………….. Facsimile ...................................................................................................................................... E-mail …………………………………………………..……………………………………..……… The Service Provider‟s Company Registration Number is…..……………………………..………..…..

The Service Provider‟s Income Tax Reference Number is………………...…………...………………..

The Service Provider‟s VAT Reference Number is ……………………….…...……………...…….……

The authorized and designated representative of the Service provider is:

Name ......................................................................................................................................

mailto:[email protected]

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D. TERMS OF REFERENCE

1. DESCRIPTION OF WORKS

1.1 BACKGROUND AND EMPLOYERS DEVELOPMENT OBJECTIVES

The CWDM has commenced with an integrated planning process towards the development and establishment of a sustainable „Agri-village‟ in the Groot Drakenstein Valley. The Environmental and Heritage Impact Assessment processes have commenced – (sensitivity mapping and heritage indicator stages have been completed and SARHA ‘in principle approval’ has been confirmed). The envisaged development is being conceptualised around the following interrelated components which must be incorporated in the required Feasibility Study/Business Plan:

A sustainable integrated residential settlement of 200 households (incorporating an existing ex-forestry village of approximately 30 dwellings) on fully serviced erven with houses and all the required social and public amenities/services (in other words formal township establishment), funded via the National Housing Subsidy, other related funding programmes and private investments. This formal residential settlement to be developed in line with the municipal IDP, SDF, IHSDP, LED etc. (inclusive of infrastructure, housing and social/community services/amenities development) – therefore full integration of development node into the wider local and district context

A sustainable botanical conservation component to the required scale to satisfy the findings/recommendations of the botanical sensitivity baseline study;

A suitable and sustainable commercially driven agriculture components on +- 15 ha of the total +- 67 ha land parcel not affected by the designated botanical conservation area and related activities. It is envisaged that this component be undertaken by a well-established commercial agricultural enterprise through a to be established „Public-Private Partnership‟ and through which the residential settlement will indirectly benefit;

All the above developments to be in line with the directives of a positive Environmental and Heritage Impact Assessment Record of Decision;

A sustainable food-garden component accessible to the 200 households within the 15 ha area (effective home food security and self-reliance systems and promotion)

Sustained value adding and SMME development (i.e. harnessing the well-established tourism appeal of the region);

Overall economic, operational and institutional sustainability (systems, processes, procedures and agreements);

Appropriate institutional/organisational arrangements/agreements/compacts (multi-party stakeholder involvements and commitments);

Partnership, mentorship, empowerment and skills transfer promotion and development.

1.2 LOCATION OF THE ENVISAGED ÁGRI-VILLAGE‟

The appropriate site selected for this development is off the R45 between Franchhoek and Paarl (near the Stellenbosch/Pniel intersection) – (refer Annexure A)

1.3 SCOPE OF PROFESSIONAL SERVICES REQUIRED

The intention is to appoint a suitably qualified and experienced professional service provider to prepare an appropriate and detailed Feasibility Study/Business Plan to be used as part of Stages 2 & 3 of the Environmental and Heritage Impact Assessment process (refer flow-diagram: Annexure B). The required Feasibility Study/Business Plan is not intended to be used in applications for any development funding.

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The envisaged „Agri-village‟ concept in this context is widely being explored in South Africa and other developing countries, with varying levels of success. The Cape Winelands District Municipality and Stellenbosch Municipality however have the support of a wide spectrum of governmental, para-statal and private sector stakeholders to make this endeavour a success and are therefore desirous to lead the way and to be ground-breaking with this project and its development Business Plan. The level of expertise and experience of the successful service provider will therefore have to be commensurate with these development objectives and expectations. A wide range of specialist studies have been done and the related information will be readily available for capturing/incorporation into the business plan/feasibility study as the need may be (any further recommended studies must also be addressed). The following specialist studies/assessments/investigations have been undertaken to date:

Botanical Baseline Assessment

Visual Opportunities and Constraints

Socio-economic Opportunities and Constraints

Agricultural Specialist Assessment

Traffic Impact Assessment

Geo-hydrological Assessment

Soil Investigation

Heritage Impact Indicators Assessment

Conceptual Urban Design proposals The Feasibility Study/Business Plan must be developed within the context of all applicable policy and regulatory frameworks for developments of this nature, of which the following, but not limited to, will have to be considered:

Department of Rural Development and Land reform: ‘Guidelines for the establishment of Agri-villages and other sustainable settlement options for farm and rural residents’

Western Cape Province: Policy for settlement of farm workers

Western Cape Province: Draft guidelines for the settlement of rural dwellers The following elements, but not limited to, need to be addressed/incorporated in the required Feasibility Study/ Business Plan:

Status Quo Analysis - to present a comprehensive understanding of the identified development objectives, opportunities and the target market- this would largely be a consolidation of studies already completed;

Market Opportunities – motivation for development concepts and focuses;

Operational and institutional modeling and feasibility;

Financial and other economic aspects;

Socio-economic impact and social developmental elements;

Technical analysis;

An analysis of case studies and related good practices in the field of similar projects

Environmental and Heritage elements;

Risk and sensitivity analysis;

Development funding and partnership options and opportunities;

Key role players/stakeholders and co-operation/collaboration modeling and feasibility - inclusive of surrounding land owners and employers of beneficiary households.

The establishment of an appropriate ‘development treaty/compact’ between all role players/stakeholders

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2. APPOINTMENT

The successful service provider will be appointed by the Cape Winelands District Municipality. The project is, however, being managed by Aurecon and thus Aurecon will be responsible for co-ordinating the required services and deliverables.

3. REMUNERATION

It is required that a lump sum quotation (inclusive of all disbursements) be submitted, to render all the required professional services to realise the deliverables as indicated. The sum quoted must also be apportioned to the respective milestones set out in the Approach Paper on Methodology, Timeframes and Deliverables, for example:

1st Draft Document 2nd Draft Document Final Document

4. TERMS OF PAYMENT

Invoices will need to be submitted to CWDM and copied to Aurecon for certification. Payment of invoices by CWDM will be subject to the receipt of deliverables on-time and to

an acceptable, high quality standard. A time for the completion of the study must be provided by the prospective bidder.

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E. FORM OF OFFER AND ACCEPTANCE OFFER

The Employer, identified in the acceptance signature block, has solicited offers to enter into a Contract in respect of the following works:

Q 2012/834:-GROOT DRAKENSTEIN AGRI VILLAGE: FEASIBILITY STUDY/BUSINESS PLAN DEVELOPMENT

The bidder, identified in the offer signature block, has examined the documents listed in the quotation data and addenda thereto as listed in the quotation schedules, and by submitting this offer has accepted the Conditions of Quotations.

By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the Service Provider under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount of be determined in accordance with the conditions of contract identified in the Conditions of Contract.

Feasibility Study/Business Plan Development Services: The offered total lump sum fee (inclusive of all disbursements and VAT) is as follows (please also insert details of your proposed milestones and the related fee apportionment):

Milestone 1………………………………………………….. R ……………………….…………

Milestone 2………………………………………………...... R …………………………….……

Milestone 3………………………………………………….. R …………………………….……

Milestone 4………………………………………………….. R ………………………….………

Total Lump Sum: R ………………………….………

A time for the completion of the study must be provided by the prospective bidder: …………

This offer may be accepted by the Employer by signing the Acceptance part of this form of offer and acceptance and returning one copy of this document to the bidder before the end of the period of validity stated in the Conditions of Tender, whereupon the bidder becomes the party named as the Service Provider in the Conditions of Contract. Signature(s) ................................................................................................................... Name(s) .................................................................................................................... Capacity for the Bidder ……………………………............................................................................... Name of organization ………………………………………………………………..……....………………. Name and Signature of Witness........................................................... Date..............................

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ACCEPTANCE By signing this part of this form of offer and acceptance, the Employer identified below accepts the Bidders offer. In consideration thereof, the Employer shall pay the Service Provider the amount due in accordance with the Conditions of Contract identified in the contract that is the subject of this agreement. Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the bidder and the Employer during this process of offer and acceptance, are contained in the schedule of deviations attached to, and forming part of this agreement. No amendments to or deviations from said documents are valid unless contained in this schedule, which must be signed by the authorized representative(s) of both parties. The bidder shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the Employer‟s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the Contract Data at, or just after, the date this agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this agreement comes into effect on the date when the bidder receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the bidder (now Service Provider) within five days of the date of such receipt notifies the Employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties.

ACCEPTANCE (to be completed by the Cape Winelands District Municipality)

Q 2012/834: PROPOSED GROOT DRAKENSTEIN AGRI VILLAGE FEASIBILITY STUDY /BUSINESS PLAN DEVELOPMENT SERVICES

Name and address: Cape Winelands District Municipality, PO Box 100, Stellenbosch, 7599

Name: ……………………………………………..………………………….…

Executive Director for the Employer: ……………………..……..……..…………………….

Signature: ……………………………………………………….……………….....

Name of Witness: ………………………………………………………..……………….…

Signature: …………………………………………………….….………………….

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F. QUESTIONNAIRE

List all partners / members / directors of this enterprise

Van / Surname / Ifani Voornaam / First name / Amagama ID Nr./No. Inombolo

………………………………………………………………………………………………………………………….. Besigheid of persoon se naam:- / Business or person's name:- / Igama leshishini okanye lomntu

**1. Persentasie aandeelhouding van persone (HBI) in die besigheid wat histories benadeel is as gevolg van onregverdige diskriminasie gebaseerd op ras.

% Percentage of shareholding of persons (HDI) in the business historically disadvantaged because of

unfair discrimination based on race.

Ipersenti yesabelo sabantu kwishishini elalisakuthinteleka ekuxhamleni amalungelo athile ngenxa yobandlululo ngokobuhlanga.

2. Persentasie aandeelhouding van persone (HBI) in die besigheid wat histories benadeel is as gevolg

van onregverdige diskriminasie gebaseerd op geslag.


unfair discrimination based on gender.

Ipersenti yesabelo sabantu kwishishini elalisakuthinteleka ekuxhamleni amalungelo athile ngenxa yobandlululo ngokwesini.

3. Persentasie aandeelhouding van persone (HBI) in die besigheid wat histories benadeel is as gevolg

van onregverdige diskriminasie gebaseerd op gestremdheid.


unfair discrimination based on disability.

Ipersenti yesabelo sabantu kwishishini elalisakuthinteleka ekuxhamleni amalungelo athile ngenxa yobandlululo ngokobulwelwe.

4. Persentasie aandeelhouding van persone geklassifiseer as jeug. (18 – 35 Jaar oud).

% Percentage of shareholding of persons in the business classified as youth. (18 – 35 Years old)

Ipersenti labantu abanezabelo kwinkonzo zoshishino ababizwa ngokuba lulutsha (18 – 35 Yeminyaka)

5. Is u besigheid geleë binne die jurisdiksie van die Distriksmunisipaliteit ? In / Uit

In/Ngaphakathi

Is your business established within the area of jurisdiction of the District Municipality? In / Out

Ingaba ishishini lakho limi kwingingqi elawulwa nguMasipala wesithili? Ngaphakathi / Ngaphandle

Uit/Out/Ngaphandle

6. Maak u gebruik van plaaslike arbeid (werkskepping)? Ja / Nee Ja/Yes/Ewe

Do you make use of local labour (job creation)? Yes / No

Uyawasebenzisa amathuba avelayo odalo lomsebenzi (ukudala umsebenzi)? Ewe / hayi Nee/No/Hayi

BROAD-BASED BLACK ECONOMIC EMPOWERMENT (Act 53 of 2003)

LW! Om Voorkeurpunte te eis moet 'n gesertifiseerde afskrif van

u Gebalanseerde Breë Basis Swart Ekonomiese Bemag-tigingstelkaart voorgelê word.

NB! To claim Preference points a

certified copy of your Balanced Broad-Based Black Economic Empowerment Score Card must

be submitted.

QAPHELA! Ukuba ufuna ukwenza

ibango lamanqaku akhethekileyo, kufuneka ukuba isicelo sakho

sihambe kunye nekopi ye Balanced Broad-Based Black Economic Empowerment Score Card eqinisekisiweyo.

Vir meer inligting besoek: / For more information please visit: / Inkcukach ezithe vetshe uzakuzifumana aph:

The Department of Trade and Industry: http://bee.thedti.gov.za/ The Association of BEE Verification Agencies: http://www.abva.co.za/

http://bee.thedti.gov.za/

http://www.abva.co.za/

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G. DECLARATION BY SUPPLIER 1 This document serves as a declaration to be used by the municipality in ensuring that when goods

and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. No Contract will be awarded to persons in the service of the state.

2 (A) Any prospective supplier, having a kinship with persons in the service of the state, including a blood

relationship, may in terms of current legislation register on the Municipality's Database. In view of possible allegations of favouritism, should a resulting bid, or part thereof, be awarded to suppliers connected with or related to persons in the service of the state, it is required that the supplier or his/her authorised representative declare their position in relation to the evaluating/adjudicating authority and/or take an oath declaring his/her interest.

2 (B) The request for registration on the Municipality‟s database may be rejected if the supplier or any of its directors/members/partners have:

(i) abused the municipality‟s supply chain management system or committed any improper conduct in relation to such system;

(ii) been convicted for fraud or corruption during the past five years; (iii) willfully neglected, reneged on or failed to comply with any government, municipal or other

public sector contract during the past five years; (iv) being a person whose tax matters are not cleared by the South African Revenue Services; or (v) been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and

Combating of Corrupt Activities Act (No 12 of 2004).

3.

In order to give effect to the above, the following questionnaire must be completed by each individual partner/member/director of this enterprise, and signed before a Commissioner of Oaths. (prepare copies of this declaration for each individual)

3.1

Print full Name: ………………………………………………………………...…………………………..

3.2

ID number..………………………………… Company/CC Reg. Nr ……….…………………………..

3.3

Are you presently in the service of the state? *

YES/NO

3.3.1

If so, furnish particulars: ……………………………………………………………………..……………

3.4

Have you been in the service of the state for the past twelve months?

YES/NO

3.4.1


3.5

Do you, have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of any prospective bid?

YES/NO

3.5.1


3.6

Are you, aware of any relationship (family, friend, other) between a supplier and any persons in the service of the state who may be involved with the evaluation and or adjudication of any bid?

YES/NO

3.6.1


3.7

Are any of your company‟s directors, managers, principle shareholders or stakeholders in the service of the state?

YES/NO

3.7.1


3.8

Is any spouse, child or parent of your company‟s directors, managers, principle shareholders or stakeholders in the service of the state?

YES/NO

3.8.1


3.9

Is the supplier or any of its directors/partners listed on the National Treasury‟s database as a company or person prohibited from doing business with the public sector?

YES/NO

3.9.1


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3.10

Is the supplier or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)?

YES/NO

3.10.1


3.11

Was the supplier or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?

YES/NO

3.11.1


3.12

Does the supplier or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

YES/NO

3.12.1


3.13

Was any contract between the supplier and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

YES/NO

3.13.1


CERTIFICATION

I, THE UNDERSIGNED, ……………………………………………………………………………...… , IN MY Full names and Surname

CAPACITY AS………………………………………... OF ……...…………………………………………………... Designation Name of Business/Company/CC

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS CORRECT. I ACCEPT THAT THE STATE MAY ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

……………………………………... ……………………

Signature Date

* MSCM Regulations: “in the service of the state” means to be –

(a) a member of – (i) any municipal council; (ii) any provincial legislature; or (iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity; (c) an official of any municipality or municipal entity; (d) an employee of any national or provincial department, national or provincial public entity

or constitutional institution within the meaning of the Public Finance Manage- ment Act, 1999 (Act No.1 of 1999);

(e) a member of the accounting authority of any national or provincial public entity; or an employee of Parliament or a provincial legislature.

Commissioner of Oaths

Signed and sworn to before me at ……………………………………on this...…..…day of .……...…..…...………20 ….… by the Deponent, who has acknowledged that he/she knows and understands the contents of this Affidavit, it is true and correct to the best of his/her knowledge and that he/she has no objection to taking the prescribed oath, and that the prescribed oath will be binding on his/her conscience.

………………………………………………………..…………………… Apply official stamp of authority COMMISSIONER OF OATHS:

Position: ……………………………………….………

Address …………………… ……………….…………

………………………………………………

Telephone: ………………………………………………

This document is compulsory, in terms of

Regulation 44 and 45 of the Supply Chain

Management Regulations, to do business

with any municipality – Failure to submit

it will disqualify your tender from the

acquisitioning process.

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H. CERTIFICATE OF INDEPENDENT BID DETERMINATION (MBD 9)

1. This Municipal Bidding Document (MBD) must form part of all bids¹ invited.

2. Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds.

3. Municipal Supply Regulation 38 (1) prescribes that a supply chain management policy must provide measures for the combating of abuse of the supply chain management system, and must enable the accounting officer, among others, to: a. take all reasonable steps to prevent such abuse; b. reject the bid of any bidder if that bidder or any of its directors has abused the supply

chain management system of the municipality or municipal entity or has committed any improper conduct in relation to such system; and

c. cancel a contract awarded to a person if the person committed any corrupt or fraudulent act during the bidding process or the execution of the contract.

4. This MBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid rigging.

5. In order to give effect to the above, the attached Certificate of Bid Determination (MBD 9) must be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete,

secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

………………………………………………………………………………………………………… (Bid Number and Description)

in response to the invitation for the bid made by: CAPE WINELANDS DISTRICT MUNICIPALITY do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:……………………………………………………………………………………. that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be

true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on

behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the

bidder to determine the terms of, and to sign, the bid, on behalf of the bidder;

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5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) Has been requested to submit a bid in response to this bid invitation; (b) Could potentially submit a bid in response to this bid invitation, based on their

qualifications, abilities or experience; and (c) Provides the same goods and services as the bidder and/or is in the same line of

business as the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor regarding: (a) Prices; (b) Geographical area where product or service will be rendered (market allocation) (c) Methods, factors or formulas used to calculate prices; (d) The intention or decision to submit or not to submit, a bid; (e) The submission of a bid which does not meet the specifications and conditions of

the bid; or (f) Bidding with the intention not to win the bid.

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

with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder,

directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

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

any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 or any other applicable legislation.

………………………………………………… …………..………………………………… Signature Date …………………………………………………. ….………………….……………………… Position Name of Bidder

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise,

property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

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I. CREDIT ORDER INSTRUCTION

It is the policy of the Cape Winelands District Municipality to pay all creditors by means of direct bank transfers. Please complete this information and acquire your banker‟s confirmation.

Name of Firm or Bank Account Holder: ……………………………………………..………………..

Address: ……………………………….…………………………………………………….....

…………………………………………………………………………...…………… ……………………………………………………………………………...…………

Name of Bank: ………………………………………………………….…………………………….. Name of Branch: ……………………………………………………………………………….……….. Branch Code: ………………………………………………………………………….…………….. Account Number: ………………………………………………………………………….…………….. Type of Account: ……………………………………………………………….……………………….. I/we hereby request and authorise the Cape Winelands District Municipality to pay any amounts that may accrue to me/us to the credit of my/our bank account. I/we understand that a payment advice will be supplied by the Cape Winelands District Municipality in the normal way that will indicate the date on which funds will be available in my/our bank account and details of payment. I/we further undertake to inform the Cape Winelands District Municipality in advance of any change in my/our bank details and accept that this authority may only be cancelled by me/us by giving thirty days‟ notice by prepaid registered post.

……………………………………………… ……………………………….. Initials and Surname Authorised Signature

Date: ………………………..

FOR BANK USE ONLY

I/we hereby certify that the details of our clients bank account as indicated on the credit order instruction is correct: ..................................................................................................... AUTHORISED SIGNATURE(S)

OFFICIAL DATE

STAMP

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J. ANNEXURE A: LOCALITY MAP

21

K. ANNEXURE B: PROJECT FLOW DIAGRAM