independent development trust · t2.1.14 _ copy of sacpcmp registration of construction project...

CONSTRUCTION OF FENCING AND BUILDING WORKS ON ST ALBANS CORRECTIONAL FACILITY, EC TENDER NO: DCS05ECAN002/WP0/C2

INDEPENDENT DEVELOPMENT TRUST

TENDERING PROCEDURES, RETURNABLE DOCUMENTS, AGREEMENT AND

CONTRACT DATA, SCOPE OF WORK AND SITE INFORMATION

PROCUREMENT OF CONSTRUCTION COMPANY FOR THE COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST ALBANS

CORRECTIONAL FACILITY, EC

TENDER NO: DCS05ECAN002/WP0/C2 CLOSING DATE: 10 August 2020 @12h00

Department of Correctional Services

(DCS) 124 WF Nkomo Street, Poyntons Building Pretoria Gauteng 0001

Independent Development Trust (IDT)

Implementing Agent Palm Square Business Park, Bonza Bay Road, Silverwood House, Beacon Bay, East London

Tenderer Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CIDB Registration Number: . . . . . . . . . . . . . . . . . . . . . .CIDB Grade . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total of the prices inclusive of value added tax: R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ……..

Amount in words inclusive of value added tax: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CONSTRUCTION OF FENCING AND BUILDING WORKS ON ST ALBANS CORRECTIONAL FACILITY, EC TENDER NO:

DCS05ECAN002/WP0/C2

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Contents

THE TENDER.......................................................................................................................................................................3

PART T1: TENDERING PROCEDURE .................................................................................................................................4

T1.1 TENDER NOTICE AND INVITATION TO TENDER....................................................................................................4 T1.2 TENDER DATA ........................................................................................................................................................9

T1.2.1 THE PROJECT SPECIFIC CONDITIONS OF TENDER are:.................................................................................9 T1.2.2 ANNEXURE F : STANDARD CONDITIONS OF TENDER ............................................................................... 20

T1.3 SPECIFICATION FOR COMPULSORY 30% LOCAL SUB-CONTRACTING OF EMS’S & QSE’S ............................... 34

PART 2: RETURNABLE DOCUMENTS ............................................................................................................................ 38

T2.2 RETURNABLE SCHEDULES .................................................................................................................................. 41 T2.1.1 _ SBD 1: INVITATION TO BID ...................................................................................................................... 43 T2.1.3 _ SBD 4: DECLARATION OF INTEREST ........................................................................................................ 45 T2.1.4 _ SBD 6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 ............................................................................................................................................... 46 T2.1.5 _ SBD 6.2: DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS .................................................................................................................................................................. 51 T2.1.6 _ SBD 8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES ....................... 59 T2.1.7 _ SBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION.............................................................. 61 T2.1.8 _ CERTIFICATE OF AUTHORITY FOR SIGNATORY....................................................................................... 64 T2.1.9 _ JOINT VENTURE OR CONSORTIUM AGREEMENT BETWEEN PARTIES............................................. 67 T2.1.10 _ CIDB REGISTRATION CERTIFICATE ........................................................................................................ 68 T2.1.11 _ CONTRACTOR'S COPY OF REGISTRATION OF INCORPORATION OR COMPANY REGISTRATION DOCUMENTS........................................................................................................................................................... 69 T2.1.12 _COPY OF A LETTER OF GOODSTANDING WITH COMPANSATION FOR OCCUPATIONAL AND INJURIES DISEASE ACT (COIDA) REGISTRATION CERTIFICATE ............................................................................................. 70 T2.1.13 _ RECORD OF ADDENDA TO THE TENDER DOCUMENTS........................................................................ 71 T2.1.14 _ COPY OF SACPCMP REGISTRATION OF CONSTRUCTION PROJECT MANAGER OR SITE AGENT (For CIDB Grade 7 – 9) ................................................................................................................................................... 72 T2.1.15 _ CONFIDENTIALITY DECLARATION ......................................................................................................... 73 T2.1.16 _ B-BBEE CERTIFICATE ............................................................................................................................. 75 T2.1.17 _ AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES ...................................................................... 76 T2.1.18 _ EVALUATION SCHEDULE: PROJECT EXPERIENCE ................................................................................. 78 T2.1.19 _ EVALUATION SCHEDULE: CLIENT REFERENCES.................................................................................... 80 T2.1.20 _ EVALUATION SCHEDULE: KEY PERSONNEL .......................................................................................... 86 T2.1.21 _ EVALUATION SCHEDULE: ORGANOGRAM OF KEY PERSONNEL TO BE ENGAGED ON THE PROJECT87 T2.1.22 _ EVALUATION SCHEDULE: CURRICULUM VITAE OF KEY PERSONNEL.................................................. 88 T2.1.23 _ EVALUATION SCHEDULE: PROGRAMME SCHEDULE ........................................................................... 94 T2.1.24_ EVALUATION SCHEDULE: SAFETY HEALTH ENVIRONMENTAL AND QUALITY MANAGEMENT SYSTEM (SHEQ) PLAN ........................................................................................................................................................... 95 T2.1.2 _ SBD 2: TAX CLEARANCE CERTFICATE REQUIREMENTS .......................................................................... 97

THE CONTRACT............................................................................................................................................................... 98

PART C1 : AGREEMENT AND CONTRACT DATA ......................................................................................................... 99

C1.1 FORM OF OFFER AND ACCEPTANCE................................................................................................................ 100 C1.2 CONTRACT DATA .............................................................................................................................................. 105

C1.2.1 _ SPECIAL CONDITIONS OF CONTRACT ................................................................................................... 118 C1.2.2 _ NOTES TO TENDERERS........................................................................................................................... 122 C1.2.3 _ CONTRACT AGREEMENT ....................................................................................................................... 123

C1.3 CONSTRUCTION GUARANTEE .............................................................................................................................. 136 C1.4 ADJUDICATOR’S AGREEMENT .................................................................................................................................. 140

PART C2 PRICING DATA ............................................................................................................................................... 142

C2.1 PRICING INSTRUCTIONS................................................................................................................................... 142 C2.2 BILLS OF QUANTITIES – REFER TO VOLUMES II TO VI ..................................................................................... 142


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PART C3 SCOPE OF WORKS ......................................................................................................................................... 143

C3 SCOPE OF WORK.................................................................................................................................................. 149

PART C4 SITE INFORMATION ...................................................................................................................................... 153

C4 SITE INFORMATION................................................................................................................................................... 154

ANNEXURE .................................................................................................................................................................... 155

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS .......................................................................................................... 156 ENVIRONMENTAL MANAGEMENT PLAN............................................................................................................................ 159 CONTRACTOR’S MONTHLY REPORT FORMAT..................................................................................................................... 161 DRAWINGS ................................................................................................................................................................... 168 GEOTECHNICAL REPORT ................................................................................................................................................. 169


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THE TENDER


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Part T1: TENDERING PROCEDURE

T1.1 TENDER NOTICE AND INVITATION TO TENDER


DCS05ECAN002/WP0/C2

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PROCUREMENT OF CONSTRUCTION COMPANY FOR THE COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST ALBANS

CORRECTIONAL FACILITY, EC

T1.1 Tender Notice and Invitation to Tender On behalf of the Department of Correctional Services, the Independent Development Trust, EC, invites tenders for the COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST ALBANS CORRECTIONAL FACILITY, EC. The scope of work relates to the completion of outstanding works from the previous contractor. Only tenders, who complies with the local content threshold stipulated and who have a CIDB contractor grading of Grade 7GB (General Building) or higher and who have suitably qualified and experienced construction manager, who will be the single-point of accountability and responsibility for the management of the construction works, and who is a fully registered (Construction Manager) member with SACPCMP, will be considered. Compliance with the local content is compulsory. The evaluation of the tender will be carried out in three (3) phases; PHASE ONE: MANDATORY REQUIREMENTS/DOCUMENTATION Only bidders who meet the following requirements will be eligible for further evaluation;

- Invitation To Bid (SBD 1) - Signed Declaration of Interest (SBD 4) - Preference Points Claim Forms (SBD 6.1) - Declaration Certificate for Local Production And Content For Designated Sectors (SBD 6.2) - Declaration of Bidder’s Past Supply Chain Management Practices (SBD 8) - Certificate of Independent Bid Determination (SBD 9) - Original Certificate of Authority for Signatory) - Signed Joint Venture or consortium Agreement Between Parties (if applicable) - CIDB Registration Certificate grade 7GB or higher - Contractor's Certified Copy of Registration of Incorporation or Company Registration

Documents - Valid Letter of Good standing with Compensation for Occupational and Injuries Diseases Act

(COIDA) Registration Certificate or FEMA certificate number. - Acknowledgment of Addenda to the tender document - Certified proof of registration with SACPCMP - Signed confidentiality declaration - Signed Form of Offer and Acceptance including fully completed (in INK) priced, tender

document. - Attendance to the compulsory site briefing session

Failure to submit any of the above documents / requirements shall result in disqualification of the bid.

- (ii) If any of the Directors are in the Employment of the State shall result in disqualification of the bid. (iii) If any of its Directors are listed on the Register of Defaulters shall result in disqualification

of the bid. (iv) In the case of a Bidder, who during the last ten (10) years has been Terminated on

Previous Contracts with the IDT shall result in disqualification of the bid.


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PHASE TWO: FUNCTIONALITY CRITERIA The functionality criteria and maximum score in respect of each of the criteria are as follows: Criteria Points Allocation

1. Relevant experience on similar construction projects 30 points 2. Client references relevant to the above mentioned projects 10 points 3. Qualifications and experience of key personnel 30 points 4. Programme schedule 15 points 5. Health and Safety Resource 15 points

Total 100 points PHASE THREE: PREFERENTIAL POINT SYSTEM Only competent tenders who have reached or exceeded the minimum functionality threshold of 70% (70 points) will be evaluated on a 80/20 (Price / B-BBEE) points basis in terms of the Preferential Procurement Policy Framework Act of 2017. In order to claim and be awarded B-BBEE points bidders must submit an original or an original certified copy of B-BBEE certificate issued by a SANAS accredited agency or an Original Sworn Affidavit signed by a Commissioner of Oaths (see criteria below) (Note - An incomplete sworn affidavit will not be acceptable and will not be awarded any points). In cases of a Joint Venture, an original consolidated B-BBEE certificate issued by SANAS accredited verification agency will be accepted. STAGE OF AWARD

The following returnable documents shall be submitted together with the tender documents. Validity of this documentation will be verified at the time of award.

1. Proof of Central Supplier Database (CSD) registration. 2. Tax Compliance Letter with a unique pin

AVAILABILITY OF DOCUMENTS Documents will be available online from the 17th July 2020 on the following websites:

Itender – www.i-tender.co.za Etender – www.etenders.gov.za IDT website - www.idt.org.za

No printed tender documents will be available at the site clarification session neither at the IDT offices BIDDERS QUERIES All queries relating to this tender may be addressed in writing to the e-mail:[email protected] No verbal or telephonic No verbal or telephonic queries will be attended to. Any attempt to verbally contact with the IDT’s employee to influence outcome of this tender will lead to disqualification of the bid. COMPULSORY BRIEFING MEETING A compulsory briefing meeting will take place on site (Department of Correctional Services, St Albans Correctional Facility, St Albans Road, Uitenhage Farms, Port Elizabeth. GPS Coordinates: 33.9055° S, 25.3476° E) from 27th to 29th July 2020. The site briefing meeting will have a staggered schedule. Due to security restrictions, confirmation for attendance to the compulsory briefing meeting is required and the interested bidders shall express their intentions to attend the briefing meeting by email to [email protected] by 23th July 2020 @ 12h00 PM, to enable the IDT and the DCS, to allocate 2hours per batch of bidders from 27th to 29th

http://www.i-tender.co.za/

http://www.etenders.gov.za/

http://www.idt.org.za/

mailto:[email protected]


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July 2020. Interested bidders will be informed by IDT of the time slot allocated to them by close of business Friday, 23th July 2020.

The bidder’s failure to notify its interest in attending the compulsory meeting by 23th July 2020 @ 12h00 PM, will result in access to the site being denied. Tenderers must sign a compulsory attendance register in the name of the tendering entity. Attendance by key personnel forming part of the project team (as per project organogram) is compulsory. Addenda if any will be issued only to tenders appearing on the attendance register TENDER CLOSING

The tender closing date is 12h00 on 10 August 2020. Public opening will not take place.

SUBMISSION OF THE BIDS

Bids should be submitted at the Eastern Cape Regional Offices of the Independent Development Trust on or before the tender closing date. The Eastern Cape Regional Offices is situated at:

Palm Square Business Park, Bonza Bay Road, Silverwood House, Beacon Bay, East London

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data. Telegraphic, telephonic, telex, facsimile, e-mail and late tenders WILL NOT be accepted.

DISCLAIMER

The employer reserves the right not to appoint the lowest or any tender.

.


DCS05ECAN002/WP0/C2

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T1.2 TENDER DATA


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COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST ALBANS CORRECTIONAL FACILITY, EC

T1.2 TENDER DATA

The conditions of tender are the Standard Conditions of Tender as contained in Annex F of the CIDB Standard for Uniformity in Construction Procurement. (See www.cidb.org.za) which are reproduced without amendment or alteration for the convenience of tenderers as an Annexure to this Tender Data. The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies. T1.2.1 THE PROJECT SPECIFIC CONDITIONS OF TENDER are:

Clause number

Tender Data for BID NO: DCS05ECAN002/WP0/C2

F.1.1

The employer is the Independent Development Trust.

F.1.2 The tender documents issued by the employer comprises: THE TENDER

Part T1: Tendering procedures T1.1 Tender notice and invitation to tender T1.2 Tender data T1.3 Specifications for the Employment of Subcontractors Part T2: Returnable documents T2.1 List of returnable documents T2.2 Returnable schedules

THE CONTRACT

Part C1: Agreements and contract data C1.1 Form of offer and acceptance C1.2 Contract data C1.3 Form of Guarantee C1.4 Adjudicator’s appointment Part C2: Pricing data C2.1 Pricing instructions C2.2 Bills of quantities Part C3: Scope of work C3 Scope of work Part C4: Site information C4 Site information / Specifications /

http://www.cidb.org.za/


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Clause number

Tender Data for BID (Completion of the Construction of Fencing and Building Works at St Albans Correctional Facility, EC) NO: DCS05ECAN002/WP0/C2

F.1.4

The employer’s agent is: Contact person: Nirvana Maharaj E- mail: [email protected]

F.2.1

F.2.1.1

Eligibility Only those tenderers who complies with the requirements of these Conditions of Tender, that has been properly and fully completed and signed, and is responsive to the other requirements of the tender documents; will be considered eligible and responsive tender. The following are the mandatory requirements of this tender.

F.2.1.1.1

CIDB Grading

In order to be considered for an appointment in terms of this tender, the tenderer must be registered with the CIDB, in a contractor grading designation in accordance with the sum tendered for a Grade 7 GB (General Building) class of construction work, defined by CIDB as follows:

Joint ventures are eligible and preferred with particular reference to local participation and as such submit tenders provided that:

I. every member of the joint venture is registered with the CIDB;

II. the lead partner has a contractor grading designation in the Grade 7 GB (General Building) class of construction work; and

III. the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal or higher to Grade 7 GB (General Building) contractor grading designation determined in accordance with the sum tendered for a (GB) General Building class of construction work.

F.2.1.1.2 Joint ventures

Joint ventures are eligible to have their submissions evaluated provided that:

I. Signed Joint Venture or consortium Agreement Between Parties (if applicable)

II. the joint venture is registered with the cidb not later than twenty-one (21) working days

from the closing date for tenders;

F.2.1.1.3 SDB Forms: Duly populated and signed Standard Bid Documents:

I. Invitation To Bid (SBD 1)

II. Signed Declaration of Interest (SBD 4)

III. Preference Points Claim Forms (SBD 6.1)

IV. Declaration Certificate for Local Production And Content For Designated Sectors

(SBD 6.2)

V. Declaration of Bidder’s Past Supply Chain Management Practices (SBD 8)

VI. Certificate of Independent Bid Determination (SBD 9)



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Clause number

Tender Data for BID (Completion of the Construction of Fencing and Building Works at St

Albans Correctional Facility, EC) NO: DCS05ECAN002/WP0/C2

F.2.1.1.4 Company Documents

I. Original Certificate of Authority for Signatory II. Contractor's Certified Copy of Registration of Incorporation or Company

Registration Documents. Letter of Goodstanding with Compensation For Occupational And Injuries Dieses Act (COIDA) Registration Certificate

F.2.1.1.5 Contractor Key Personnel

In order to be considered for an appointment in terms of this tender, the tenderer must have the following key personnel in its permanent employment at the close of tender. Alternatively, a signed undertaking from an organisation having the required personnel, stating that they will undertake the necessary work on behalf of the tenderer in terms of a sub-consultant agreement, will be acceptable. Such undertaking must be attached to the “Key Personnel” schedule, Part T2.2: Returnable Schedules. Individuals must be identified for each of the key personnel listed on the “Key Personnel” schedule, Part T2.2: Returnable Schedules. Where the key personnel are no longer accessible to undertake the necessary work after the award of the tender, the contractor shall within a period of 5 working days replace the key personnel listed on the “Key Personnel” schedule, Part T2.2: Returnable Schedules with a person with equivalent competencies and subject to approval by the employer. A suitably qualified and experienced construction manager who will be the single-point of accountability and responsibility for the management of the construction works, and who is a fully registered member with SACPCMP, is required.

F.2.1.1.6 Pricing Documents I. Signed Form of Offer and Acceptance II. Fully Completed (in INK) Priced, tender document (original IDT document)

F.2.4 Confidentiality and copy right of documents Bidders are required to acknowledge and sign off the confidentiality declaration as stipulated in section T2.2

F.2.6 Acknowledge addenda Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if

necessary apply for an extension to the closing time. If the Addenda has financial implications, failure to acknowledge the addenda may eliminate your bid form evaluation. This is due to incomparability of offers with the rest of the bidders.

F.2.7 Clarification Meeting A compulsory briefing meeting will take place on site (Department of Correctional Services, St Albans Correctional Facility, St Albans Road, Uitenhage Farms, Port Elizabeth. GPS Coordinates: 33.9055° S, 25.3476° E) from 15th to 17th July 2020. The site briefing meeting will have a staggered scheduled. Due to security restriction, confirmation for attendance to compulsory briefing meeting is required and the interested bidders shall express their intension to attend the briefing meeting by email to [email protected] by 13th July 2020 @ 12h00 PM, to enable the IDT and the DCS, to allocate 2hours per batch of bidders from 15th to 17th July 2020. Interested bidders will be informed by IDT of the time slot allocated, by close of business Friday, 13th July 2020.



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Clause number


The bidder’s failure to notify its interest in attending the compulsory meeting by 13th July 2020 @ 12h00 PM, will result in access to the site be denied. Tenderers must sign a compulsory attendance register in the name of the tendering entity. Attendance by key personnel forming part of the project team (as per project organogram) is compulsory. Addenda if any will be issued only to tenders appearing on the attendance register.

F.2.8 Seek clarification Tenderers can request clarification of the tender documents, if necessary, by notifying the employer only in writing at least five working days before the closing date stated in F.2.15.

F2.9 Insurances Refer to contract data for insurance requirements.

F.2.11 Alterations to documents Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.

F.2.12

Alternative Tender Offers No alternative tender offers will be considered.

F.2.13 Submitting a Tender Offer

F.2.13.3

F.2.13.4

F2.13.5

F.2.13.6

F.2.13.7

F.2.13.9

The tenderer must provide one original signed bid document. The tenderer must submit the signed original tender offer. The tenderer will seal the original tender offer (clearly marked “Original). The employer’s details and address for delivery of tender offers and identification details that are to be shown on each tender offer should be submitted in the tender box located at the following address. Employer’s address: The Independent Development Trust Palm Square Business Park, Bonza Bay Road, Silverwood House, Beacon Bay, East London Note: No tenders will be accepted at any other IDT offices The tender submission should be clearly marked using the following Identification details:

- Tender Description: Completion of the Construction of Fencing and Building Works at St Albans Correctional Facility, EC ,

- Tender Number: DCS05ECAN002/WP0/C2 The employer will reject tender offers submitted by facsimile, e-mail or reproduced.


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Clause number


F.2.15 F.2.15.1

Closing Time of Tender The closing time for submission of tender offers is 12h00, 3rd August 2020. Location of tender box: The Independent Development Trust Palm Square Business Park, Bonza Bay Road, Silverwood House, Beacon Bay, East London Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

F.2.16

F.2.16.1

Tender Offer Validity The bidder is required to hold the tender offer valid for a period of 90 calendar days after the closing date.

F.2.19 Inspections, Tests and Analysis For security reason, no access shall be provided for inspections, tests and analysis on site during tendering period.

F.2.23 Certificates The tenderer is required to submit with his tender all the certificates as stated in the lists of returnable documents (T2.1)

F.3.4 Opening of Tender Submissions

Tenders will be opened in public shortly after tender closing at the time and location indicated in F.2.15.1. A record will be published on the IDT website indicating:

- the names of all the tendering entities, - tendered amounts, - preferences points claimed, and - time for completion

F.3.11 Evaluation of Tender Offers

F.3.11.3 The tender will be evaluated using the Method 2: Functionality, Price and Preference.

1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of points for functionality as stated in the Tender Data.

2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality as indicated in the tender invitation.

3) Tenders that have achieved the minimum qualification score for functionality must be evaluated further in terms of the preference points system prescribed below.

The procedure for the evaluation of a responsive tender will be in terms of the Preferential Procurement Regulations 2017 on a 80/20 preference point system., with the formula for the calculation of total number of tender evaluation points as detailed below (F.3.11.3).


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Clause number


min

min180

P

PPtPs

Where Ps = Points scored for comparative price of tender under consideration

Pt = Price of tender under consideration Pmin = Price of lowest acceptable bid The financial offer will be scored using (option 1) in Table F.1 where the value of W1 is: 1) 80 for price in respect of a tender with a Rand value equal to or above R30 000 and up to a Rand

value of R50 million, inclusive of all applicable taxes: Up to 100 minus W1 tender evaluation points will be awarded to tenderers who complete the preferencing schedule and who are found to be eligible for the preference claimed.

F.3.11.8 Scoring Preference Score the preference claimed of the remaining responsive tender offers in terms of Regulation 6 of the Preferential Procurement Regulations 2017, in accordance with the table below:

B-BBEE Status Level

of Contribution

Number of points

(80/20 system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2

Non-compliant contributor 0

F.3.11.9 Scoring Functionality

The functionality criteria and maximum score in respect of each of the criteria are as follows: A maximum equal to 100 tender evaluation points will be awarded for quality. Only bidders who score 70% and above (i.e. 70 points and above out of a total of 100 points) will be further evaluated in terms of the 80/20 price/preference points system. The functionality will be scored using the following criteria and values: Criteria Points Allocation

1. Relevant experience on similar construction projects 30 points 2. Client references relevant to the abovementioned projects 10 points 3. Qualifications and experience of key personnel 30 points 4. Programme schedule 15 points 5. Health and Safety Resource 15 points

Total ............. 100 points


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Clause number


F.3.11.9.1 Relevant Experience in Similar construction projects (30 points): Points are allocated for previous relevant experience on project of similar kind and complexity. The similarity refers to projects of a similar kind and complexity relating to building works, high security fence installations, high security electronic system installations, in the past 10 years. In support tenderers are to complete the “Relevant Experience in Similar construction projects” returnable schedule and attach thereto original certified copies of relevant completion certificates (final completion or letter from the client (client letter head) confirming completion of such a project).

Evaluation points will be awarded in terms of the following tables:

Number of construction projects of similar kind and complexity relating to building works, high

security fence installations, high security electronic system installations, in the past 10

years

Number of points

5 30 4 25 3 21 2 15 1 5 0 0

F.3.11.9.2 Client References (10 points): Points are allocated for performance on previous projects executed in terms of the respective completed “Client Reference Letter” (see returnable schedules) for the projects listed on the abovementioned “Relevant Project Experience in Similar construction projects” returnable schedule. Evaluation points will be awarded in terms of the following table:

Projects

Overall assessment by Client

Poor

Fair

Good

Excelle

nt

Project A 0 0,5 1,5 2 Project B 0 0,5 1,5 2 Project C 0 0,5 1,5 2 Project D 0 0,5 1,5 2 Project E 0 0,5 1,5 2

Total number of points 0 2,5 7,5 10


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F.3.11.9.3 Qualification and Competencies of key staff (30 points): Points are allocated for professional qualifications and professional registration of allocated key personnel for the project under consideration. For each key personnel allocated to the project, the bidders shall submit for following: Curriculum Vitae together with certified proof of qualifications and professional registration within the built environment profession (as per returnable schedule T2.1.21) Evaluation points will be awarded in terms of the following table:

Qualifications and Professional Registration (Subtotal 10 Points)

Category Qualification within the Built

Environment

Professional Registration

Degree (NQF Level 7)

Diploma (NQF

Level 6)

Yes No

Contracts Director 1 0.5 1 0

Contracts Manager 1 0.5 1 0

Quantity Surveyor 1 0.5 1 0

Site Engineer 1 0.5 1 0

Foreman 1 0.5 1 0

Subtotal number of points

5 2.5 5 0

Clause number


Competence of Key Personnel (Subtotal 20 Points)

Category Experiences

Between 1-5 Years

Between 6 - 10 Years


16 Years and above

Contracts Director 1 2 3 4

Contracts Manager 1 2 3 4

Quantity Surveyor 1 2 3 4

Site Engineer 1 2 3 4

Foreman 1 2 3 4

Total 5 10 15 20

F.3.11.9 Programme Schedule (15 points): Points are allocated for the submission of a realistic, well structured (correctly sequenced), within the stipulated timeframe and in an acceptable project management computer programme. This construction programme will form part of the contractual documentation. The duration indicated in this construction programme will define the contract period upon award of the tender. Evaluation points will be awarded in terms of the following table: Category Poor Fair Good Programme Logic and Build Methodology 0 7 10

Category Late On time Early Proposed completion 0 3 5


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F.3.11.9 Safety Health Officer (15 points): 15 Points will be allocated for tenderers who have at least one Health and Safety officer allocated to the project, with the relevant experience and with Professional registration from SACPCMP. Tenderers are required to provide Curriculum Vitae together with certified proof of qualifications and professional registration as Health and Safety officer.

Category

Qualification (Maximum of 5 Points)

Experience (Maximum of 10 Points)

Not Qualified

Qualified

Between

1-5 Years


Between 11 -

above

Years Health and Safety Resource

0 5 5 7 10

Where the Health and Safety officer allocated to this project is no longer accessible to undertake the necessary work after the award of the tender, the contractor shall within a period of 5 working days replace the Health and Safety officer with a person with equivalent competencies subject to approval by the employer. A suitably qualified and experienced Health and Safety officer who is a fully registered member with SACPCMP.


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F.3.11.9 QUALITY CRITERIA: SCORECARD LEGEND (Summary)

VARIABLES

TOTAL POINTS

CRITERIA

DESCRIPTION OF

CRITERIA

POINTS

FUNCTIONALITY POINTS 100

Relevant experience on similar construction projects

30 As per Tender Data F

3.11.9.1

Points allocated for track record based on the similar scale of previous projects

executed by tenderer in consideration

As per Tender Data F 3.11.9.1

Client References relevant to the abovementioned projects


3.11.9.2

Points allocated for previous client references and

submission in relation to nature of work


Qualifications & Competences of Key personnel


3.11.9.3

Points awarded for required

competencies & qualifications of

allocated personnel for the project in

consideration


Programme Schedule 15 As per Tender Data F

3.11.9.4

Points allocated for turn-around project delivery period and

detailed project schedule submission

by tenderer in consideration


Health and Safety Resource 15 As per Tender Data F

3.11.9.5

Points allocated for the submitted Safety

Health & resource allocated to the

project


Tenderers are required to score minimum points of 70% for Quality as stated in the Tender Data. Tenderers who fail to meet the required minimum number of points for quality as stated in the

Tender Data will not be considered for further evaluation.

EMPOWERMENT POINTS (NP)

20

B-BBEE Points 20

B-BBEE Contributor Level 1

Points allocated to entities who are

contributing towards the empowerment of

black people (a SANAS accredited

BEE Certificate MUST be submitted

with the bid documents before any points can be

allocated)

20


18


14


12


8


6


Page 19 of 169


4


2

FINANCIAL OFFER / PRICE POINTS (NFO)

80

Financial Offer / Price 80

Formula 2, Option 1, A = (1 – {p – pm/pm}) Formula used to

calculate Financial

Offer / Price

pm = Comparative price of the mean/average qualifying tender p = Comparative offer of the tender under consideration

TOTAL EVALUATION POINTS (TEV)

100

Formula, TEV = NFO + NP A maximum of 80 points

to be awarded for price and 20

points for preference

NFO = number of tender evaluation points awarded for the financial offer

NP = number of tender evaluation points awarded for preference

Clause number

Tender Data for BID NO: DCS05ECAN002/WP0/C2

F.3.15 Complete adjudicator contract

This clause should be read in conjunction with the contract data of the tender.

F.3.16 Notice to Unsuccessful Tenderers Should tenderers not hear from the IDT within ninety (90) calendar days of closure, they should consider their submission unsuccessful unless there is granted extension of tender validity period. Award will be posted on I-tender within CIDB website within 30 days of award. No written notification directed to each tenderer will be issued by the Employer to unsuccessful tenderers.

F.3.17 Provide Copies of the Contract The number of paper copies of the signed contract to be provided by the employer is one.

F.3.20 The additional conditions of tender are: The employer is not obliged to accept the lowest bidder.


Page 20 of 169

T1.2.2 ANNEXURE F: STANDARD CONDITIONS OF TENDER (As contained in ADDENDUM F of the CIDB Standard for Uniformity in Construction Procurement) Standard Conditions of Tender As published in Annexure F of the cidb Standard for Uniformity for construction Procurement, Board Notice 136 Government Gazette No 38960 of 10 July 2015

F.1 General

F.1.1 Actions

F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices.

F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process

shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate.

Note:

1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her posit ion even if no improper acts result.

2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken.

F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm

intention and the capacity to proceed with the contract.

F.1.2 Tender Documents The documents issued by the employer for the purpose of a tender offer are listed in the tender data.

F.1.3 Interpretation

F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender.

F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for

tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.


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F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:

a) conflict of interest means any situation in which: i) someone in a position of trust has competing professional or personal interests which

make it difficult to fulfill his or her duties impartially; ii) an individual or organisation is in a position to exploit a professional or official capacity

in some way for their personal or corporate benefit ; or iii) incompatibility or contradictory interests exist between an employee and the

organisation which employs that employee. b) comparative offer means the price after the factors of a non-firm price and all unconditional

discounts it can be utilised to have been taken into consideration; c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to

influence the action of the employer or his staff or agents in the tender process; d) fraudulent practice means the misrepresentation of the facts in order to influence the tender

process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels;

e) organization means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body;

f) functionality means the measurement according to the predetermined norms of a service or commodity designed to be practical and useful, work ing or operating, tak ing into account quality, reliability, viability and durability of a service and technical capacity and ability of a tenderer.

F.1.4 Communication and employer’s agent

Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data.

F.1.5 Cancellation and Re-Invitation of Tenders F1.5.1 An organ of state may, prior to the award of the tender, cancel a tender if -

(a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or

(b) funds are no longer available to cover the total envisaged expenditure; or

(c) no acceptable tenders are received. F1.5.2 The decision to cancel a tender must be published in the cidb website and in the government Tender Bulletin for the media in which the original tender invitation was advertised.

F.1.6 Procurement procedures

F.1.6.1 General

Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest

number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.

F.1.6.2 Competitive negotiation procedure

F.1.6.2.1Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission. The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply.

http://en.wikipedia.org/wiki/Duty

http://en.wikipedia.org/wiki/Duty


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F.1.6.2.2All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect.

F.1.6.2.3At the conclusion of each round of negotiations, tenderers shall be invited by the employer

to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer.

F.1.6.2.4The contract shall be awarded in accordance with the provisions of F.3.11 and F.3.13 after

tenderers have been requested to submit their best and final offer.

F.1.6.3 Proposal procedure using the two stage-system

F.1.6.3.1 Option 1 Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions of tender.

F.1.6.3.2 Option 2

F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents.

F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method of evaluation stated in the tender data, and award the contract in terms of these conditions of tender.

F.2 Tenderer’s obligations

F.2.1 Eligibility

F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer.

F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the

tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders.

F.2.2 Cost of tendering

F2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate the

tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements.


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F2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost incurred by the employer for printing the documents. Employers must attempt to make available the tender documents on its website so as not to incur any costs pertaining to the printing of the tender documents.

F.2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.

F.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference.

F.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account.

F.2.7 Clarification meeting

Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work , services or supply and raise questions. Details of the meeting(s) are stated in the tender data.

F.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer at least five work ing days before the closing time stated in the tender data.

F.2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice regarding insurance.

F.2.10 Pricing the tender offer F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes

(except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data.

F.2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to

adjustment except as provided for in the conditions of contract identified in the contract data.


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F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract identified in the contract data may provide for part payment in other currencies.

F.2.11 Alterations to documents Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations.

F.2.12 Alternative tender offers F.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main

tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed.

F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer.

F.2.12.3 An alternative tender offer may only be considered in the event that the main tender offer is

the winning tender.

F.2.13 Submitting a tender offer

F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint

venture to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink .

F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer.

F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer.

F.2.13.5 Seal the original and each copy of the tender offer as separate packages mark ing the packages as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable documents listed in the tender data in an envelope marked “financial proposal” and place the remaining returnable documents in an envelope marked “technical proposal”. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside only the employer's address and identification details as stated in the tender data.


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F.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated.

F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise in the tender data.

F.2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive.

F.2.15 Closing time

F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender

data not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery.

F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements of these conditions of tender apply equally to the extended deadline.

F.2.16 Tender offer validity

F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity

period stated in the tender data after the closing time stated in the tender data.

F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period with or without any conditions attached to such extension.

F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer’s agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted.

F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”.

F.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted. Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material

F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive.


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F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

F.2.19 Inspections, tests and analysis

Provide access during work ing hours to premises for inspections, tests and analysis as provided for in the tender data.

F.2.20 Submit securities, bonds and policies

If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data.

F.2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract.

F.2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data.

F.2.23 Certificates

Include in the tender submission or provide the employer with any certificates as stated in the tender data.

F.3 The employer’s undertakings

F.3.1 Respond to requests from the tenderer

F.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to five work ing days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.

F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence:

a) an individual firm, or a joint venture as a whole, or any individual member of the joint

venture fails to meet any of the collective or individual qualifying requirements; b) the new partners to a joint venture were not prequalified in the first instance, either as

individual firms or as another joint venture; or c) in the opinion of the Employer, acceptance of the material change would compromise

the outcome of the prequalification process.

F.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who drew documents.

F.3.3 Return late tender offers


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Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.

F.3.4 Opening of tender submissions

F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the

presence of tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened.

F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his prices, number of points claimed for its BBBEE status level and time for completion for the main tender offer only.

F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.

F.3.5 Two-envelope system

F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the technical proposal of valid tenders in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened.

F.3.5.2 Evaluate functionality of the technical proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the functionality evaluation more than the minimum number of points for functionality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any points claimed on BBBEE status level. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for functionality.

F.3.6 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.

F.3.7 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices.

F.3.8 Test for responsiveness

F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer

properly received:

a) complies with the requirements of these Conditions of Tender,

b) has been properly and fully completed and signed, and c) is responsive to the other requirements of the tender documents.

F.3.8.2 A responsive tender is one that conforms to all the terms, condit ions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would:


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a) detrimentally affect the scope, quality, or performance of the works, services or supply

identified in the Scope of Work, b) significantly change the Employer's or the tenderer's risks and responsibilities under

the contract, or c) affect the competitive position of other tenderers presenting responsive tenders, if it

were to be rectified. Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.

F.3.9 Arithmetical errors, omissions and discrepancies

F.3.9.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with F.3.11 for:

a) the gross misplacement of the decimal point in any unit rate; b) omissions made in completing the pricing schedule or bills of quantities; or

c) arithmetic errors in: i) line item totals resulting from the product of a unit rate and a quantity in bills of

quantities or schedules of prices; or ii) the summation of the prices.

F3.9.2 The employer must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in words shall govern.

b) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.

c) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices.

Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of the arithmetical error in the manner described above.

F.3.10 Clarification of a tender offer

Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer.

F.3.11 Evaluation of tender offers

F.3.11.1 General Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a

comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data.

F.3.11.2 Method 1: Price and Preference

In the case of a price and preference:

1) Score tender evaluation points for price 2) Score points for BBBEE contribution


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3) Add the points scored for price and BBBEE.

F.3.11.3 Method 2: Functionality, Price and Preference In the case of a functionality, price and preference:

1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of points for functionality as stated in the Tender Data.

2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality as indicated in the tender invitation.

3) Tenders that have achieved the minimum qualification score for functionality must be evaluated further in terms of the preference points system prescribed in paragraphs 4 and 4 and 5 below.

The 80/20 preference point system for acquisition of services, works or goods up to Rand value of R50 million

1) (a)(i) The following formula must be used to calculate the points for price in respect of tenders( including price quotation) with a rand value equal to, or above R 30 000 and up to Rand value of R 50 000 000 ( all applicable taxes included):

Where Ps = Points scored for comparative price of tender or offer under consideration; Pt = Comparative price of tender or offer under consideration; and Pmin = Comparative price of lowest acceptable tender or offer.

(4)(a)(ii) An employer of state may apply the formula in paragraph (i) for price quotations with a

value less than R30 000, if and when appropriate:

(4)(b) Subject to subparagraph(4)(c), points must be awarded to a tender 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


(4)(c) A maximum of 20 points may be allocated in accordance with subparagraph (4)(b)

(4)(d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in subparagraph (4) (b) must be added to the points scored for price as calculated in accordance with subparagraph (4)(a).

(4)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.


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The 90/ 10 preference points system for acquisition of services, works or goods with a Rand value above R 50 million

(5)(a) The following formula must be used to calculate the points for price in respect of tenders with a

Rand value above R50 000 000 (all applicable taxes included):

Where Ps = Points scored for comparative price of tender or offer under consideration; Pt = Comparative price of tender or offer under consideration; and Pmin = Comparative price of lowest acceptable tender or offer.

(5)(b) Subject to subparagraph(5)(c), points must be awarded to a tender 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 10

2 9

3 8

4 5

5 4

6 3

7 2

8 1


(5)(c) A maximum of 10 points may be allocated in accordance with subparagraph (5)(b).

(5)(d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in subparagraph (5) (b) must be added to the points scored for price as calculated in accordance with subparagraph (5)(a).

(5)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.

F.3.11.6 Decimal places

Score price, preference and functionality, as relevant, to two decimal places.

F.3.11.7 Scoring Price Score price of remaining responsive tender offers using the following formula: NFO = W1 x A where: NFO is the number of tender evaluation points awarded for price. W1 is the maximum possible number of tender evaluation points awarded for price as stated in the Tender Data. A is a number calculated using the formula and option described in Table F.1 as stated in the Tender Data.


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Table F.1: Formulae for calculating the value of A

Formula Comparison aimed at achieving Option 1a Option 2 a 1 Highest price or discount A = (1 +( P - Pm))

Pm A = P / Pm

2 Lowest price or percentage commission / fee

A = (1 - (P - Pm)) Pm

A = Pm / P

a Pm is the comparative offer of the most favourable comparative offer. P is the comparative offer of the tender offer under consideration.

F.3.11.8 Scoring preferences

Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data and reject all claims for preferences where tenderers are not eligible for such preferences. Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions of the tender data.

F.3.11.9 Scoring functionality

Score each of the criteria and sub criteria for quality in accordance with the provisions of the Tender Data. Calculate the total number of tender evaluation points for quality using the following formula:

NQ = W2 x SO / MS where: SO is the score for quality allocated to the submission under consideration; MS is the maximum possible score for quality in respect of a submission; and W2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data

F.3.12 Insurance provided by the employer

If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide.

F.3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any risk and only if the tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s procurement,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract,

c) has the legal capacity to enter into the contract, d) is not insolvent, in receivership, under Business Rescue as provided for in chapter

6 of the Companies Act, 2008, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any of the foregoing,

e) complies with the legal requirements, if any, stated in the tender data, and


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f) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

F.3.14 Prepare contract documents

F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by

the employer as part of the tender documents to take account of:

a) addenda issued during the tender period, b) inclusion of some of the returnable documents, and

c) other revisions agreed between the employer and the successful tenderer.

F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.

F.3.15 Complete adjudicator's contract

Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed.

F.3.16 Notice to unsuccessful tenderers

F.3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period.

F.3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other tenderers that their tender offers have not been accepted.

F.3.17 Provide copies of the contracts

Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance.

F.3.18 Provide written reasons for actions taken

Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of tender, but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.

F3.19 Transparency in the procurement process

F3.19.1 The cidb prescripts require that tenders must be advertised and be registered on the cidb i.Tender system.

F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and accountability as transparency requirements in the procurement process.

F3.19.3 The transparency model must identify the criteria for selection of projects, project information template and the threshold value of the projects to be disclosed in the public domain at various intervals of delivery of infrastructure projects.

F3.19.4 The client must publish the information on a quarterly basis which contains the following

information: Procurement planning process Procurement method and evaluation process


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Contract type Contract status Number of firms tendering Cost estimate Contract title Contract firm(s) Contract price Contract scope of work Contract start date and duration Contract evaluation reports

F3.19.5 The employer must establish a Consultative Forum which will conduct a random audit in

the implementation of the transparency requirements in the procurement process.

F3.19.6 Consultative Forum must be an independent structure from the bid committees. F3.19.7 The information must be published on the employer’s website.

F 3.19.8 Records of such disclosed information must be retained for audit purposes.


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T1.3 SPECIFICATION FOR COMPULSORY 30% LOCAL SUB-CONTRACTING OF EMS’s & QSE’s

All bidders are required to adhere to the regulation 9 of the PPFMA and to submit a sub-contractor

agreement for the 30% local sub-contracting. Bidders that do not meet the subcontracting

requirements will result in termination of the contract. The sub-contracting specification and

amendments to the regulation is detailed below. Bidders are to ensure compliance to all items.

1. REGULATION

Clause 14.0 of the Implementation Guide for Preferential Procurement Regulations, 2017 pertaining

to the Procurement Policy Framework Act, Act No. 5 of 2000, Regulation 9 states the following in

relation to Subcontracting as a condition of tender for procurement above R30 million.

2. DEFINITIONS

Local: Local is demarcated within province where the project is located. In this case it refers to the

Eastern Cape Province only.

EME’s: Exempt Micro Enterprise

QSE’s: Qualifying Small Enterprise

3. REQUIREMENTS

- Tenderers or contractors must submit proof of subcontracting arrangement between the main

tenderer and the subcontractor. Proof of subcontracting arrangement includes a subcontracting

agreement between main tenderer and the subcontractor

- The responsibility to sub-contract with competent and capable subcontractors rests with the main

contractor.

- The contract will be concluded between the main contractor and the institution, therefore, the

main contractor and not the sub-contractor would be held liable for performance in terms of its

contractual obligations.

- Main contractors are discouraged from subcontracting with their subsidiary companies as this

may be interpreted as subcontracting with themselves .Where primary contractor subcontracts

with a subsidiary this must be declared in tender documents.

- The main contractor will be expected to provide proof of the appointment letters of

subcontractors.

- The main contractor will be expected to complete the work schedule below of his declaration of

works to be subcontracted to comply with the 30% regulation.

- Monthly progress reports on the local subcontracting.

4. SCOPE

This specification governs the employment of the 30% local subcontracting. The bidder is expected

to complete the returnable table on C1.2 of his intentions to comply with the 30% local sub-

contracting requirements.

5. TERMS AND CONDITIONS OF SUBCONTRACT AGREEMENTS


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5.1 Compilation

The Contractor shall be responsible for the compilation of each subcontract agreement and ensuring

that the terms and conditions are consistent with all requirements thereof, as are specified in or

reasonably to be inferred from the provisions of this Contract. All costs associated with the tender

process including the conclusion of the agreement are for the Contractor’s account.

5.2 Contractor’s Duties Upon Completion Of Each Subcontract

The Contractor shall, on the completion of each and every subcontract completed in accordance with

the provisions of this specification, issue free of charge within 7 days of the completion of the

subcontract, a Certificate of Experience on a single A4 page stating

a) Contract data

i) Contract title;

(ii) Contractor’s full name and address;

(iii) Principal Agent’s name and address;

(iv) Employer’s name

b) Subcontract data

i) SMME name and address;

(ii) Scope or extent of the subcontract works;

(iii) Value of the subcontract works;

(iv) Applicable level of the subcontract;

(v) Duration of the subcontract;

(vi) Date of completion of the subcontract;

(vii) Description of the training undergone by the SMME;

c) Certifying the SMMEs completion of the subcontract.

The format, layout and appearance of certificates issued shall be at the Contractor’s

discretion, provided always that they shall be respectable and presentable in accordance

with the general standards of normal business practice. All certificates issued shall be co-

signed by the Principal Agent and a senior representative of the Contractor, who has been

duly recognized as thereto.

5.3 Contractor's Liability

No provision or requirement set out in this specification shall be deemed to relieve the Contractor of

any liability or obligation under the contract, and the Contractor shall be fully liable for the acts,

defaults and neglects of any SMMEs, his agents or employees, as fully as if they were the acts,

defaults and neglects of the Contractor, his agents or employees.

Any failure or neglect by the Contractor to comply with the provision of the specifications, or any

omission or neglect by the Contractor in adhering to or applying the principles as are described and

inherent in the specifications, shall be deemed to constitute a warrant for the Principal Agent to act in

terms of Clause 29 of the JBCC Conditions of Contract for Construction.


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5.4 Performance Guarantee

Performance guarantees for 10 (ten) percent of the accepted subcontract value will be required from

subcontracts who exceeds R 500 000.00 (excluding VAT). Where such guarantees are provided by

subcontractors the return of same will be related to the time when the work carried out by the

subcontractor is complete to the satisfaction of the Contractor and the Principal Agent.

5.5 Retention

Retention on subcontractors will be released 3 months after the subcontract work carried out is

complete to the satisfaction of the Contractor and the Principal Agent.

5.6 Measurement And Payment

The price tendered will be deemed to include all incidentals by the Contractor to comply with the

conditions of this specification. No other claims will be entertained should subcontractors affect the

contract works in any way, and the Contractor shall deem to include such effects in the handling cost

percentage for the different subcontractors work packages above.

5.7 Subcontracting By Subcontrators

The Contractor is not to permit subcontractors to further subcontract on any other conditions than

those applying in the project specification to subcontractors.


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PART 2: RETURNABLE DOCUMENTS


DCS05ECAN002/WP0/C2

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T2.1 LIST OF RETURNABLE DOCUMENTS The list of returnable documents are for ensuring that everything the employer requires a tenderer to submit with his tender is included in, or returned with his tender submission for the purpose of evaluating tenders and other schedules which upon acceptance become part of the subsequent contract. Tick below if returnable document is attached or completed properly.

All tenderers are required to submit the following returnable documents. Please ensure that the submission is compiled in the same order of lists below.

The original certified documents must not be older than three months.

MANDATORY

Ref LIST OF RETURNABLE DOCUMENTS TICK IF ATTACHED

T2.1.1 Invitation To Bid (SBD 1) T2.1.2 Signed Declaration of Interest (SBD 4) T2.1.3 Preference Points Claim Forms (SBD 6.1)

T2.1.4 Declaration Certificate for Local Production And Content For Designated Sectors (SBD 6.2)

T2.1.5 Declaration of Bidder’s Past Supply Chain Management Practices (SBD 8) T2.1.6 Certificate of Independent Bid Determination (SBD 9) T2.1.7 Original Certificate of Authority for Signatory)

T2.1.8 Signed Joint Venture or consortium Agreement Between Parties (if applicable)

T2.1.9 CIDB Registration Certificate grade 7GB or higher

T2.1.10 Contractor's Certified Copy of Registration of Incorporation or Company Registration Documents

T2.1.11 Valid Letter of Good standing with Compensation For Occupational And Injuries Dieses Act (COIDA) Registration Certificate or FEMA certificate number.

T2.1.12 Acknowledgment of Addenda to the tender document T2.1.13 Certified proof of registration with SACPCMP T2.1.14 Confidentiality Declaration C1.1 Signed Form of Offer and Acceptance C1.2 30% Local Sub-Contracting of EMS’s & QSE’s C2.2 Fully Completed (in INK) Priced, tender document (original IDT document) NON-MANDATORY BUT FOR SCORING/EVALUATION PURPOSES


T2.1.15 Original certified copy of the B-BBEE Certificate T2.1.16 Amendments, Qualifications And Alternatives T2.1.17 Experience on projects of similar nature and magnitude T2.1.18 Stamped Client Reference Forms with scoring (for T2.1.18 projects) T2.1.19 Schedule of key personnel T2.1.20 Organogram of key personnel

T2.1.21 CVs of Key Personnel including Certified proof of qualifications and professional registration and their

T2.1.22 Programme Schedule T2.1.23 Health and Safety Plan

NON-MANDATORY DOCUMENTS THAT SHOULD BE VALID AT THE TIME OF AWARD


T2.1.24 Proof of Central Supplier Database (CSD) registration T2.1.25 Tax Compliance Letter with a unique pin (SBD2)


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T2.2 RETURNABLE SCHEDULES


Page 42 of 169

2.2 RETURNABLE SCHEDULES THAT WILL BE INCORPORATED INTO

THE CONTRACT (to be attached with submission)

List of returnable schedules are for ensuring that everything the employer requires a tenderer to submit with his tender is included in, or returned with his tender submission for the purpose of this tenders and other schedules which upon acceptance become part of the subsequent contract. Tick below if returnable document is attached or completed properly.

DESCRIPTION TICK IF ATTACHED

All Mandatory Documents in T2.1

Declaration Concerning Fulfillment of the Construction Regulations, 2014

Contract data

Conditions of contract

Special Conditions of Contract

Forms of securities

Fully completed and priced tender document

Proposed construction programme (Upon approval by the employer)

Complete Set of Drawings


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T2.1.1 _ SBD 1: INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF SOUTH AFRICAN REVENUE SERVICES

(SARS)

BID NUMBER: DCS05ECAN002/WP0/C2 CLOSING DATE: 31st July 2020 CLOSING TIME: 12:00

DESCRIPTION: COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST

ALBANS CORRECTIONAL FACILITY, EC

The successful bidder will be required to fill in and sign a written Contract Form

BID DOCUMENTS MAY BE POSTED TO: N/A

OR

DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

The IDT Tender Box at Eastern Cape Regional Offices of the Independent Development Trust.

Bidders should ensure that bids are delivered timeously to the correct address. If the bid is late, it

will not be accepted for consideration.

The bid box is open from 8:30am to 17:00, 5 days a week, Monday to Friday on normal working days

THIS BID IS SUBJECT TO THE JBCC EDITION 6.2 AND, IF APPLICABLE, ANY OTHER SPECIAL

CONDITIONS OF CONTRACT

THE FOLLOWING PARTICULARS MUST BE FURNISHED

(FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)

NAME OF BIDDER:

……………………………………………………………………………………………………………………

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

POSTAL ADDRESS

……………………………………………………………………………………………………………………

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

STREET ADDRESS

……………………………………………………………………………………………………………………

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


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TELEPHONE NUMBER

CODE……………NUMBER………………………………………………………………………………..

CELLPHONE NUMBER

CODE……………NUMBER………………………………………………………………………………..

EMAIL ADDRESS

…………………………………………………………………………………………………………………

VAT REGISTRATION NUMBER

…………………………………………………………………………………………………………………

HAS A COPY OF A TAX CLEARANCE CERTIFICATE WITH A TAX COMPLIANT PIN BEEN SUBMITTED?

YES / NO

II. ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE

GOODS/SERVICES OFFERED BY YOU? YES…….. /NO……...

(IF YES ENCLOSE PROOF)

III. ARE YOU SUBMITTING THIS TENDER BID AS A JOINT VENTURE WITH ANOTHER COMPANY

YES /NO

IF YES, PLEASE PROVIDE NAME OF THE OTHER JOINT VENTURE

………………………………………………………………………………………………………………………………

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

SIGNATURE OF BIDDER

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

DATE ………………………………………………………………………………………………………………..

CAPACITY UNDER WHICH THIS BID IS SIGNED

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

TOTAL BID PRICE…………………………………… TOTAL NUMBER OF ITEMS OFFERED


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T2.1.2 _ SBD 3: DECLARATION OF INTEREST 1. Any legal person, including persons employed by the state*, or persons having a kinship with

persons employed by the state, including a blood relationship, may make an offer or offers in terms of

this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In

view of possible allegations of favoritism, should the resulting bid, or part thereof, be awarded to

persons employed by the state, or to persons connected with or related to them, it is required that the

bidder or his/her authorised representative declare his/her position in relation to the

evaluating/adjudicating authority and/or take an oath declaring his/her interest, where-

- the bidder is employed by the state; and/or

- the legal person on whose behalf the bidding document is signed, has a relationship with

persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where

it is known that such a relationship exists between the person or persons for or on whose behalf

the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

2.1 Full Name of bidder or his or her representative: 2.2 Identity Number: 2.3 Position occupied in the Company (director, shareholder etc.): 2.4 Company Registration Number:

2.5 Tax Reference Number: 2.6 VAT Registration Number:

* “State” means – (a) any national or provincial department, national or provincial public entity or constitutional

institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of

1999);

(b) any municipality or municipal

entity;

(c) provincial legislature;

(d) national Assembly or the national Council of provinces; or

(e) Parliament.


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2.7 Are you or any person connected with the bidder presently employed by the state?

Yes No

2.7.1 If so, furnish the following particulars:

Name of person / director / shareholder/ member: Name of state institution to which the person is connected: Position occupied in the state institution: Any other particulars:

2.8 Did you or your spouse, or any of the company’s directors / shareholders / members or their spouses conduct business with the state in the previous twelve months?

Yes No

2.8.1 If so, furnish particulars:

2.9 Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?

Yes No

2.9.1 If so, furnish particulars.

2.10 Are you, or any person connected with the bidder, aware of any relationship (family, friend, other) between the bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?

Yes No

2.10.1If so, furnish particulars.


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2.11 Do you or any of the director’s /shareholders/ members of the company

have any interest in any other related Companies whether or not they are bidding for this contract?

Yes No

2.11.1If so, furnish particulars.

DECLARATION I/We, the undersigned CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2.1 TO 2.11.1

ABOVE IS CORRECT.

I/WE ACCEPT THAT THE STATE MAY ACT AGAINST ME IN TERMS OF PARAGRAPH 23

OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE

FALSE. SIGNATURE: IDENTITY NUMBER: (of person authorised to sign on behalf of the Tenderer) DATE:


Page 46 of 169

T2.1.3 _ SBD 6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and serves as a claim

form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of

Contribution

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF

B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT

REGULATIONS, 2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

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

taxes included); and

1.2

a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included)

and therefore the ………80/20……… preference point system shall be applicable;

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE

B-BBEE STATUS LEVEL OF CONTRIBUTOR

Total points for Price and B-BBEE must not exceed 100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together

with the bid will be interpreted to mean that preference points for B-BBEE status level of

contribution are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at

any time subsequently, to substantiate any claim in regard to preferences, in any manner

required by the purchaser.

2. DEFINITIONS

(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the

Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a

code of good practice on black economic empowerment, issued in terms of section 9(1) of the

Broad-Based Black Economic Empowerment Act;

(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by

an organ of state for the provision of goods or services, through price quotations, advertised

competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black

Economic Empowerment Act, 2003 (Act No. 53 of 2003);


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(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black

economic empowerment issued in terms of section 9 (1) of the Broad- Based Black Economic

Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance

with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts;

(h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person;

2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on

black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black

Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of

bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

3.1 THE 80/20 PREFERENCE POINT SYSTEMS

A maximum of 80 points is allocated for price on the following basis:

80/20

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points

must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance

with the table below:

B-BBEE Status Level of

Contributor

Number of points (80/20

system)

1 20

2 18

3 14

4 12

5 8

6 6

7 4

8 2



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5. BID DECLARATION

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the

following:

6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS

OF PARAGRAPHS 1.4 AND 4.1

6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1

and must be substantiated by relevant proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted? (Tick applicable box)

YES NO

a) If yes, indicate:

i) What percentage of the contract will be subcontracted %

ii) The name of the subcontractor…………………………………………………………..

iii) The B-BBEE status level of the subcontractor......................................……………..

iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box)

YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of

preferential procurement Regulations, 2017: DECLARATION WITH REGARD TO

COMPANY/FIRM

7.2 Name of company/firm:…………………………………………………………………………….

7.3 VAT registrationnumber:……………………………………….…………………………………

7.4 Company registrationnumber:…………….……………………….…………………………….

7.5 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABL

Designated Group: An EME or QSE which is at last 51% owned by: EME

√

QSE

√

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans


Page 49 of 169

OR

Any EME

Any QSE

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm:…………………………………………………………………………….

8.2 VAT registration number:……………………………………….…………………………………

8.3 Company registration number:…………….……………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

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

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

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

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

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

8.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]

8.7 Total number of years the company/firm has been in business:…………………………………………

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that

the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and

6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we

acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to

the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent

basis or any of the conditions of contract have not been fulfilled, the purchaser may, in

addition to any other remedy it may have –

(a) disqualify the person from the bidding process;


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WITNESSES

1. ……………………………………..

2. …………………………………….

(b) recover costs, losses or damages it has incurred or suffered as a result of that

person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having

to make less favorable arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, be restricted by the

National Treasury from obtaining business from any organ of state for a period not

exceeding 10 years, after the audi alteram partem (hear the other side) rule has

been applied; and

(e) forward the matter for criminal prosecution.

…………………………………..

…………………………………..

…………………………………..

…………………………………..

DATE:

ADDRESS

……………………………………….

SIGNATURE(S) OF BIDDERS(S)


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T2.1.4 _ SBD 6.2: DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT

FOR DESIGNATED SECTORS

This Standard Bidding Document (SBD) must form part of all bids invited. It contains general information and

serves as a declaration form for local content (local production and local content are used interchangeably).

Before completing this declaration, bidders must study the General Conditions, Definitions, Directives

applicable in respect of Local Content as prescribed in the Preferential Procurement Regulations, 2017, the

South African Bureau of Standards (SABS) approved technical specification number SATS 1286:2011 (Edition

1) and the Guidance on the Calculation of Local Content together with the Local Content Declaration

Templates [Annex C (Local Content Declaration: Summary Schedule), D (Imported Content Declaration:

Supporting Schedule to Annex C) and E (Local Content Declaration: Supporting Schedule to Annex C)].

1. General Conditions

1.1. Preferential Procurement Regulations, 2017 (Regulation 8) makes provision for the promotion of local

production and content.

1.2. Regulation 8.(1) prescribes that in the case of designated sectors, where in the award of bids local

production and content is of critical importance, such bids must be advertised with the specific bidding

condition that only locally produced goods, services or works or locally manufactured goods, with a

stipulated minimum threshold for local production and content will be considered.

1.3. Where necessary, for bids referred to in paragraph 1.2 above, a two stage bidding process may be

followed, where the first stage involves a minimum threshold for local production and content and the

second stage price and B-BBEE.

1.4. A person awarded a contract in relation to a designated sector, may not sub-contract in such a manner

that the local production and content of the overall value of the contract is reduced to below the

stipulated minimum threshold.

1.5. The local content (LC) expressed as a percentage of the bid price must be calculated in accordance

with the SABS approved technical specification number SATS 1286: 2011 as follows:

LC = [1 - x / y] * 100

Where

x is the imported content in Rand

y is the bid price in Rand excluding value added tax (VAT)

Prices referred to in the determination of x must be converted to Rand (ZAR) by using the exchange

rate published by South African Reserve Bank (SARB) at 12:00 on the date of advertisement of the

bid as indicated in paragraph 4.1 below.

The SABS approved technical specification number SATS 1286:2011 is accessible on

http:/www.thedti.gov.za/industrial development/ip.jsp at no cost.

1.6 A bid may be disqualified if –

(a) this Declaration Certificate and the Annex C (Local Content Declaration: Summary Schedule) are

not submitted as part of the bid documentation; and

(b) the bidder fails to declare that the Local Content Declaration Templates (Annex C, D and E) have

been audited and certified as correct.


Page 52 of 169

2. Definitions

2.1. “bid” includes written price quotations, advertised competitive bids or proposals;

2.2. “bid price” price offered by the bidder, excluding value added tax (VAT);

2.3. “contract” means the agreement that results from the acceptance of a bid by an organ of state;

2.4. “designated sector” means a sector, sub-sector or industry that has been designated by the

Department of Trade and Industry in line with national development and industrial policies for local

production, where only locally produced services, works or goods or locally manufactured goods meet

the stipulated minimum threshold for local production and content;

2.5. “duly sign” means a Declaration Certificate for Local Content that has been signed by the Chief

Financial Officer or other legally responsible person nominated in writing by the Chief Executive, or

senior member / person with management responsibility(close corporation, partnership or individual).

2.6. “imported content” means that portion of the bid price represented by the cost of components, parts or

materials which have been or are still to be imported (whether by the supplier or its subcontractors) and

which costs are inclusive of the costs abroad (this includes labour or intellectual property costs), plus

freight and other direct importation costs, such as landing costs, dock duties, import duty, sales duty or

other similar tax or duty at the South African port of entry;

2.7. “local content” means that portion of the bid price which is not included in the imported content,

provided that local manufacture does take place;

2.8. “stipulated minimum threshold” means that portion of local production and content as determined by

the Department of Trade and Industry; and

2.9. “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing

another person to support such primary contractor in the execution of part of a project in terms of the

contract.

3. The stipulated minimum threshold(s) for local production and content (refer to Annex A of SATS

1286:2011) for this bid is/are as follows:

Description of services, works or goods Stipulated minimum threshold

Steel Products and Component for Construction 100%

Fabricated Structural Steel 100%

Joining/Connecting Components 100%

Frames 100%

Roof and Cladding 100%

Fasteners 100%

Wire Products 100%

Ducting and Structural pipework 100%

Gutters, downpipes & lauders 100%

Plates 100%

Sheets 100%

Galvanised and Colour Coated Coils 100%

Wire Rod and Drawn Wire 100%

Sections 100%

Reinforcing bars 100%

Street Light Steel Poles 100%

Electrical and telecom cables 90%


Page 53 of 169

4. Does any portion of the services, works or goods offered

have any imported content?


YES NO

4.1 If yes, the rate(s) of exchange to be used in this bid to calculate the local content as prescribed in

paragraph 1.5 of the general conditions must be the rate(s) published by SARB for the specific

currency at 12:00 on the date of advertisement of the bid.

The relevant rates of exchange information is accessible on www.reservebank.co.za.

Indicate the rate(s) of exchange against the appropriate currency in the table below (refer to Annex A of SATS

1286:2011):

Currency Rates of exchange

US Dollar

Pound Sterling

Euro

Yen

Other

NB: Bidders must submit proof of the SARB rate (s) of exchange used.

5. Where the Local Content Declaration Templates (Annex C, D and E) audited and certified as correct?


YES NO

5.1. If yes, provide the following particulars:

(a) Full name of auditor: ………………………………………………………

(b) Practice number: ………………………………………………………………………..

(c) Telephone and cell number: ……………………………………………………………….

(d) Email address: ………………………………………………………………………..

(Documentary proof regarding the declaration will, when required, be submitted to the satisfaction of

the Accounting Officer / Accounting Authority)

6. Where, after the award of a bid, challenges are experienced in meeting the stipulated minimum threshold

for local content the dti must be informed accordingly in order for the dti to verify and in consultation with

the AO/AA provide directives in this regard.

http://www.reservebank.co.za/


Page 54 of 169

LOCAL CONTENT DECLARATION

(REFER TO ANNEX B OF SATS 1286:2011)

LOCAL CONTENT DECLARATION BY CHIEF FINANCIAL OFFICER OR OTHER LEGALLY

RESPONSIBLE PERSON NOMINATED IN WRITING BY THE CHIEF EXECUTIVE OR SENIOR

MEMBER/PERSON WITH MANAGEMENT RESPONSIBILITY (CLOSE CORPORATION, PARTNERSHIP

OR INDIVIDUAL)

IN RESPECT OF BID NO. .................................................................................

ISSUED BY: (Procurement Authority / Name of Institution):

....................................................................................................... ...........................................

NB

1 The obligation to complete, duly sign and submit this declaration cannot be transferred to an

external authorized representative, auditor or any other third party acting on behalf of the bidder.

2 Guidance on the Calculation of Local Content together with Local Content Declaration Templates (Annex

C, D and E) is accessible on http://www.thdti.gov.za/industrial development/ip.jsp. Bidders should first

complete Declaration D. After completing Declaration D, bidders should complete Declaration E and then

consolidate the information on Declaration C. Declaration C should be submitted with the bid

documentation at the closing date and time of the bid in order to substantiate the declaration made in

paragraph (c) below. Declarations D and E should be kept by the bidders for verification purposes for a

period of at least 5 years. The successful bidder is required to continuously update Declarations C, D and E

with the actual values for the duration of the contract.

I, the undersigned, …………………………….................................................... (full names),

do hereby declare, in my capacity as ……………………………………… …………………………..

of ...............................................................................................................(name of bidder entity), the following:

(a) The facts contained herein are within my own personal knowledge.

(b) I have satisfied myself that:

(i) the goods/services/works to be delivered in terms of the above-specified bid comply with the

minimum local content requirements as specified in the bid, and as measured in terms of SATS

1286:2011; and

(ii) the declaration templates have been audited and certified to be correct.

(c) The local content percentage (%) indicated below has been calculated using the formula given in clause

3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the information contained

in Declaration D and E which has been consolidated in Declaration C:

Bid price, excluding VAT (y) R

Imported content (x), as calculated in terms of SATS 1286:2011 R

Stipulated minimum threshold for local content (paragraph 3 above)

Local content %, as calculated in terms of SATS 1286:2011

http://www.thdti.gov.za/industrial%20development/ip.jsp


Page 55 of 169

If the bid is for more than one product, the local content percentages for each product contained in

Declaration C shall be used instead of the table above.

The local content percentages for each product has been calculated using the formula given in

clause 3 of SATS 1286:2011, the rates of exchange indicated in paragraph 4.1 above and the

information contained in Declaration D and E.

(d) I accept that the Procurement Authority / Institution has the right to request that the local content be

verified in terms of the requirements of SATS 1286:2011.

(e) I understand that the awarding of the bid is dependent on the accuracy of the information furnished in

this application. I also understand that the submission of incorrect data, or data that are not verifiable as

described in SATS 1286:2011, may result in the Procurement Authority / Institution imposing any or all of the

remedies as provided for in Regulation 13 of the Preferential Procurement Regulations, 2017 promulgated

under the Preferential Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000).

SIGNATURE: DATE: ___________

WITNESS No. 1 DATE: ___________

WITNESS No. 2 DATE: __________


Page 56 of 169

SATS 1286.2011

Annex C

Local Content Declaration - Summary Schedule

(C1) Tender No.

(C2) Tender description:

(C3) Designated product(s)

(C4) Tender Authority:

(C5) Tendering Entity name:

(C6) Tender Exchange Rate: Pula EU GBP

(C7) Specified local content %

Calculation of local content Tender summary

Tender item

no's

Tender price

- each

(excl VAT)

Exempted

imported

value

Tender value

net of

exempted

imported

content

Imported

valueLocal value

Local

content %

(per item)

Tender

Qty

Total tender

value

Total exempted

imported content

Total Imported

content

(C8) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17) (C18) (C19)

(C20) Total tender value R 0

Signature of tenderer from Annex B (C21) Total Exempt imported content R 0

(C22) Total Tender value net of exempt imported content R 0

(C23) Total Imported content R 0

(C24) Total local content R 0

Date: (C25) Average local content % of tender

Note: VAT to be excluded from all

calculations

List of items

(C9)

Soft copy of this template can be found in the DTI website: http://www.dti.gov.za/industrial_development/ip.jsp

http://www.dti.gov.za/industrial_development/ip.jsp


Page 57 of 169

SATS 1286.2011

Annex D

Imported Content Declaration - Supporting Schedule to Annex C

(D1) Tender No.

(D2) Tender description:

(D3) Designated Products:

(D4) Tender Authority:

(D5) Tendering Entity name:

(D6) Tender Exchange Rate: EU R 9,00 GBP R 12,00

Calculation of imported content Summary

Tender item

no'sLocal supplier

Overseas

Supplier

Forign

currency

value as per

Commercial

Invoice

Tender

Exchange

Rate

Local value of

imports

Freight costs to

port of entry

All locally

incurred

landing costs

& duties

Total landed

cost excl VAT

Tender

Qty

Exempted imported

value

(D7) (D9) (D10) (D11) (D12) (D13) (D14) (D15) (D16) (D17) (D18)

(D19) Total exempt imported value R 0

B. Imported directly by the Tenderer Calculation of imported content Summary

Tender item

no's

Unit of

measure

Overseas

Supplier

Forign

currency

value as per

Commercial

Invoice

Tender Rate

of Exchange

Local value of

imports

Freight costs to

port of entry

All locally

incurred

landing costs

& duties

Total landed

cost excl VAT

Tender

Qty

Total imported

value

(D20) (D22) (D23) (D24) (D25) (D26) (D27) (D28) (D29) (D30) (D31)

(D32) Total imported value by tenderer R 0

Calculation of imported content Summary

Unit of

measureLocal supplier

Overseas

Supplier

Forign

currency

value as per

Commercial

Invoice

Tender Rate

of Exchange

Local value of

imports

Freight costs to

port of entry

All locally

incurred

landing costs

& duties

Total landed

cost excl VAT

Quantity

imported

Total imported

value

(D34) (D35) (D36) (D37) (D38) (D39) (D40) (D41) (D42) (D43) (D44)

(D45) Total imported value by 3rd party R 0

D. Other foreign currency paymentsSummary of

payments

Local

supplier

making

Overseas

beneficiary

Foreign

currency value

paid

Tender Rate

of Exchange

Local value of

payments

(D47) (D48) (D49) (D50) (D51)

(D52) Total of foreign currency payments declared by tenderer and/or 3rd party

Signature of tenderer from Annex B

(D53) Total of imported content & foreign currency payments - (D32), (D45) & (D52) above R 0

Date:

This total must correspond with

Annex C - C 23

This total must correspond with

Annex C - C 21

Calculation of foreign

currency payments

Type of payment

(D46)

Description of imported

content

(D21)

A. Exempted imported content

Note: VAT to be excluded

from all calculations

Description of imported

content

(D8)

`

C. Imported by a 3rd party and supplied to the

`

Description of imported content

(D33)

Soft copy of this template can be found in the DTI website:




Page 58 of 169

SATS 1286.2011

(E1) Tender No.

(E2) Tender description:

(E3) Designated products:

(E4) Tender Authority:

(E5) Tendering Entity name:

Local Products

(Goods, Services

and Works)

Local suppliers Value % of LC

(E7) (E8)

(E9) Total local products (Goods, Services and Works)

(E10) Manpower costs ( Tenderer's manpower cost)

(E11) Factory overheads (Rental, depreciation & amortisation, utility costs, consumables etc.)

(E12) Administration overheads and mark-up (Marketing, insurance, financing, interest etc.)

(E13) Total local content

Signature of tenderer from Annex B

Date:

Annex E

Local Content Declaration - Supporting Schedule to Annex C

(E6)

Note: VAT to be excluded from all

calculations

This total must correspond with Annex C -

C24

Description of items purchased

The soft copy of this template can be found in the DTI website: http://www.dti.gov.za/industrial_development/ip.jsp



DCS05ECAN002/WP0/C2

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T2.1.5 _ SBD 8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT

PRACTICES 1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and

services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-

a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s Database of Restricted Suppliers as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied). The Database of Restricted Suppliers now resides on the National Treasury’s website (www.treasury.gov.za) and can be accessed by clicking on its link at the bottom of the home page.

Yes

No


4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes

No


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

Yes

No


4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


http://www.treasury.gov.za/

http://www.treasury.gov.za/


DCS05ECAN002/WP0/C2

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CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)…………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE

TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………….. Signature Date

………………………………………. ………………………….. Position Name of Bidder


DCS05ECAN002/WP0/C2

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T2.1.6 _ SBD 9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 This Standard Bidding Document (SBD) 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 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have

abused the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier

committed any corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD 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

(SBD 9) must be completed and submitted with the bid:

CERTIFICATE OF INDEPENDENT BID DETERMINATION (SBD 9)

I, the undersigned, in submitting the accompanying bid:

BID No. ___________ for the CONSTRUCTION OF _____________________________ PROVINCE

(Bid Number and Description)

In response to the invitation for the bid made by:

THE INDEPENDENT DEVELOPMENT TRUST

(Name of Institution)


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Page 62 of 169

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of: that: (Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder

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

7. In particular, without limiting the generality of paragraphs 6 above, there has been 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


DCS05ECAN002/WP0/C2

Page 63 of 169

the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

11. Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an act ivity for the execution of a contract.

SIGNATURE: IDENTITY NUMBER: (of person authorised to sign on behalf of the Tenderer) DATE:

¹ Includes price quotations, adv ertised competitiv e bids, limited bids and proposals.

² Bid rigging (or collusiv e bidding) occurs when businesses, that would otherwise be expected to compete, secretly

conspire to raise prices or lower the quality of goods and / or serv ices for purchasers who wish to acquire goods and /

or serv ices through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.

³ Joint v enture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activ ity for the execution of a contract.


DCS05ECAN002/WP0/C2

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T2.1.7 _ CERTIFICATE OF AUTHORITY FOR SIGNATORY

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete the certificate set out below for the relevant category, and attach their Regist ration

Certificates for Companies, Close Corporations and Partnerships, or Agreements and Powers of

Attorney for Joint Ventures or ID documents to the page provided at the end of this form.

(I)

COMPANY

(II)

CLOSE

CORPORATION

(III)

PARTNERSHIP

(IV)

JOINT VENTURE

(V)

SOLE

PROPRIETOR

(I) CERTIFICATE FOR COMPANY I, ………………………………………………………, Id number ………………………………. chairperson

of the Board of Directors of ……………………………………………… hereby confirm that by resolution

of the Board (copy attached) taken on ............................ 20......, Mr/Ms ……………………..acting

in the capacity of …………………………………….., was authorised to sign all documents in

connection with the tender for Contract No ……………… and any contract resulting from it, on behalf

of the company.

Chairman: ...........................................................................

As Witnesses: 1. .........................................................................

2. .......................................................................... Date: …………………..

(II) CERTIFICATE FOR CLOSE CORPORATION

We, the undersigned, being the key members in the business trading as ……………………………. hereby authorise Mr/Ms ................. …………., acting in the capacity of ………………………….., to sign all documents in connection with the tender for Contract No ... and any contract resulting from it, on our behalf.

NAME ADDRESS SIGNATURE DATE

ID No………………..

ID No………………...

ID No………………..

ID No………………..

Note : This certificate is to be completed and signed by all of the key members upon whom

rests the direction of the affairs of the Close Corporation as a whole.


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(III). CERTIFICATE FOR PARTNERSHIP We, the undersigned, being the key partners in the business trading as, ......................................

.................................................... hereby authorize Mr/Ms .....................................................

acting in the capacity of ............................................................................, to sign all

documents in connection with the tender for Contract No ............................... and any contract resulting from it, on our behalf.

NAME ADDRESS SIGNATURE DATE

Note : This certificate is to be completed and signed by all of the key partners upon whom rests the direction of the affairs of the Partnership as a whole.

(IV) CERTIFICATE FOR JOINT VENTURE We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorize Mr/Ms

……………………………………………, authorized signatory of the company,.................................

acting in the capacity of lead partner, to sign all documents in connection with the tender offer for

Contract No ................................. and any contract resulting from it, on our behalf.

This authorization is evidenced by the attached power of attorney signed by legally authorized signatories of all the partners to the Joint Venture.

NAME OF FIRM CIDB

REGISTRATION NO

ADDRESS AUTHORISING

SIGNATURE, NAME AND CAPACITY

Lead partner


DCS05ECAN002/WP0/C2

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Note : This certificate is to be completed and signed by all of the key partners upon whom

rests the direction of the affairs of the Partnership as a whole.

(V) CERTIFICATE FOR SOLE PROPRIETOR I, …………………………………………….., hereby confirm that I am the sole owner of the business trading as ………………………………………………………. Signature of Sole owner: ……………………………… As Witnesses: 12. ……………………………… 13. ……………………………… Date: ………………………………


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T2.1.8 _ JOINT VENTURE OR CONSORTIUM AGREEMENT BETWEEN PARTIES Attached hereto is our duly signed Joint Venture Agreement by the commissioner of oath and all parties involved. Our failure to submit the agreement with our tender document will lead to the conclusion that the joint venture has not been formally formed and all parties were not involved in the tender process and as such, the bid will be disqualified. Tenderers tendering as joint ventures / consortiums are required to submit an original consolidated B-BBEE certificate issued by SANAS accredited verification agency or a sworn affidavit signed and attested by a commissioner of oaths, in order to qualify for


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T2.1.9 _ CIDB REGISTRATION CERTIFICATE Attached hereto is my / our registration certificate with the Construction Industry Development Board. My / our failure to submit the certificate with my / our tender document will lead to the conclusion that my / our company is not registered with CIDB. NOTE: The CIDB can be contacted or visited on www.cidb.org.za for more information and registration. Obtain a “Code of Conduct for all parties engaged in construction procurement” for you information.

http://www.cidb.org.za/


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T2.1.10 _ CONTRACTOR'S COPY OF REGISTRATION OF INCORPORATION OR COMPANY REGISTRATION DOCUMENTS Attached hereto is my / our original certified copies of company registration of incorporation or company registration documents. My failure to submit the copy with my / our tender document will lead to the conclusion that I am / we are not registered as claimed and as such, the bid will be disqualified


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T2.1.11 _COPY OF A LETTER OF GOODSTANDING WITH COMPENSATION FOR OCCUPATIONAL AND INJURIES DISEASE ACT (COIDA) REGISTRATION CERTIFICATE Attached hereto is my / our certified copy of A LETTER OF good standing with the Compensation for Occupational Injuries and Diseases, e.g. letter of good standing. My / our failure to submit the certificate with your tender offer will lead to the conclusion that your entity/ company is not registered with COIDA, and therefore, the bid will be disqualified.


DCS05ECAN002/WP0/C2

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T2.1.12 _ RECORD OF ADDENDA TO THE TENDER DOCUMENTS

We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

Attach additional pages if more space is required.

Signed

Date

Name

ID number

Position

Tenderer


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T2.1.13 _ COPY OF SACPCMP REGISTRATION OF CONSTRUCTION PROJECT MANAGER OR SITE AGENT (For CIDB Grade 7 – 9) Attached hereto is a certified SACPCMP registration certificate of our Construction Manager or Site Agent for this project. Your failure to submit the certificate with your tender offer will lead to the conclusion that your entity/ company does not have a registered professional to manage this project, and therefore, the bid will be disqualified.


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T2.1.14 _ CONFIDENTIALITY DECLARATION The contractor acknowledges that confidential information have been and will be provided to the

contractor and that each item of confidential information shall be governed by the terms of this

agreement. The contractor, including its management and staff, must before commencement of the

contract, sign a non-disclosure agreement regarding confidential information and will be required to

complete a security clearance for each resource participating on this project.

1.For the purposes of this agreement "confidential information" means:

1.1 Unless specified in writing to the contrary by the contracting authority all and any

information (whether in documentary form, oral, electronic, audio-visual, audio-recorded or

otherwise including any copy or copies of drawings, site layouts thereof and whether

scientific, commercial, financial, technical, operational or otherwise) relating to the

contracting authority, the supply of goods under the contract and all and any information

supplied or made available to the contractor (to include employees, agents,

subcontractors and other suppliers) for the purposes of the contract(s); and

1.2 Any and all information which has been derived or obtained from information described in

sub-paragraph 1.1

2. Save as may be required by law, the contractor agrees in respect of the confident ial

information:

2.1 To treat such confidential information as confidential and to take all necessary steps to

ensure that such confidentiality is maintained;

2.2 Not, without the prior written consent of the contracting authority, to communicate or

disclose any part of such confidential information to any person except:

i To those employees, agents, subcontractors and other suppliers on a need to

know basis; and/or

ii To the contractor’s auditors, professional advisers and any other persons or

bodies having a legal right or duty to have access to or knowledge of the

confidential information in connection with the business of the contractor

provided always that the contractor shall ensure that all such persons and

bodies are made aware, prior to disclosure, of the confidential nature of the

confidential information and that they owe a duty of confidence to the contracting

authority; and shall use all reasonable endeavours to ensure that such persons

and bodies comply with the provisions of this agreement.

3. The contractor undertakes:

3.1 To comply with all directions of the contracting authority with regard to the use and

application of all and any confidential information or data.

3.2 To comply with all directions as to local security arrangements deemed reasonably

necessary by the contracting authority including, if required, completion of documentation

under the relevant authority and comply with any vetting requirements of the contracting

authority including by police authorities;

3.3 Upon termination of the contract for whatever reason to furnish to the contracting authority

all confidential information or at the written direction of the contracting authority to destroy

in a secure manner all (or such part or parts thereof as may be ident ified by the

contracting authority) confidential information in its possession and shall erase any

confidential information held by the contractor in electronic form. the contractor will upon

request furnish a certificate to that effect should the contract ing authority so request in

writing. for the avoidance of doubt “document” includes documents stored on a computer

storage medium and data in digital form whether legible or not; and

3.4 To comply with the requirements of data protection law and such guidelines as may be


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issued by the data protection commissioner from time to time.

4. The contractor shall not obtain any proprietary interest or any other interest whatsoever in

the confidential information furnished to him by the contracting authority and the contractor so

acknowledges and confirms.

5. The contractor shall, in the performance of the contract, access only such hardware,

software, infrastructure, or any part of the databases, data or ict system(s) of the contracting

authority as may be necessary for the purposes of the project (and obligations thereunder or

arising therefrom) and only as directed by the contracting authority and in the manner agreed

in writing between the parties.

6. The contractor agrees that this agreement will continue in force notwithstanding any court

order relating to the project or termination of the contract (if awarded) for any reason.

7. The contractor agrees that this agreement shall in all aspects be governed by and construed

in accordance with the laws of south Africa and the contractor hereby further agrees that the

courts of south Africa have exclusive jurisdiction to hear and determine any disputes arising

out of or in connection with this agreement.

*Please note that this is a compulsory returnable document

In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid.

Full Name of bidder or his or her representative: Identity Number: Position occupied in the Company (director, shareholder etc.): Company Registration Number:

Tax Reference Number: VAT Registration Number:


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T2.1.15 _ B-BBEE CERTIFICATE Attached hereto is my / our original or original certified copy of my / our B-BBEE Certificate issued by a verification agency accredited by SANAS or a sworn affidavit signed and attested by a commissioner of oaths. My failure to submit the certificate with my / our tender document will lead to the conclusion that I am / we do not wish to claim preference points in terms of my / our B-BBEE status. Note to the bidders Bidders that are not Joint Venture and Consortium to submit: a consolidated B-BBBEE certificate) Original Certified copies of B-BBEE Certificate and consolidated BBB-EE in terms of JV (Only Levels 1,2 & 3 will be accepted) issued by SANAS Accredited Verification Agency Or Sworn Affidavit in cases’ of EMEs and only those QSEs which are at least 51% Black-owned as prescribed in terms of B-BBEE Codes of Good Practice and in a format provided by the Department of Trade & Industry.


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T2.1.16 _ AMENDMENTS, QUALIFICATIONS AND ALTERNATIVES (This is not an invitation for amendments, deviations or alternatives but should the Tenderer desire to make any departures from the provisions of this contract he shall set out his proposals clearly hereunder. The Employer will not consider any amendment, alternative offers or discounts unless forms (a), (b) and (c) have been completed to the satisfaction of the Employer). I / We herewith propose amendments, alternatives and discounts as set out in the tables below: (a) AMENDMENTS

PAGE, CLAUSE OR

ITEM NO

PROPOSED AMENDMENT

[Notes: (1) Proposals for amendments to the General and Special Conditions of Contract are not acceptable, and will be ignored;

(2) The Tenderer must give full details of all the financial implications of the amendments and qualifications in a covering letter attached to his tender.

(b) ALTERNATIVES

PROPOSED ALTERNATIVE

DESCRIPTION OF ALTERNATIVE

[Notes: (1) Individual alternative items that do not justify an alternative tender, and an alternative offer for time for completion should be listed here.

(2) In the case of a major alternative to any part of the work , a separate Bill of Quantities, programme, etc, and a detailed statement setting out the salient features of the proposed alternatives must accompany the tender.

(3) Alternative tenders involving technical modifications to the design of the works and methods of construction shall be treated separately from the main tender offer.]


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(c) DISCOUNTS

ITEM ON WHICH DISCOUNT IS OFFERED

DESCRIPTION OF DISCOUNT OFFERED

[Note: The Tenderer must give full details of the discounts offered in a covering letter attached to his tender, failing which, the offer for a discount may have to be disregarded. Only unconditional discounts will be considered]

SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………


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T2.1.17 _ EVALUATION SCHEDULE: PROJECT EXPERIENCE The Tenderer shall provide details of his relevant experience on construction projects relating to building works, security fence installations, electronic installations and electrical systems installations and on similar scale projects above R20 million completed in the past 10 years.

In support tenderers are to complete the “Project Experience” schedule below and attach thereto copies of (a) Letters of Appointment, and (b) all the relevant Completion Certificates (practical completion, work completion & final completion). Failure to submit all the supporting documentation will result in not considering the applicable project for evaluation purposes.

PROJECT NAME BRIEF PROJECT DESCRIPTION PROJECT VALUE

(Excl VAT)

ORIGINAL CONTRACT

PERIOD START DATE

ACTUAL COMPLETION

DATE

A.

B.

C.


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PROJECT NAME BRIEF PROJECT DESCRIPTION PROJECT VALUE

(Excl VAT)

ORIGINAL CONTRACT

PERIOD START DATE

ACTUAL COMPLETION

DATE

D.

E.

F.


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T2.1.18 _ EVALUATION SCHEDULE: CLIENT REFERENCES The Tenderer shall provide details of his performance on each of the previous projects listed in the “Relevant Experience” returnable schedule. “Client Reference Scorecards” will be completed by each of the respective Clients for the projects listed in the “Relevant Experience” returnable schedule. Unsigned forms by the client will score zero points.

REPORT ON CONTRACTOR’S COMPETANCE & PERFORMANCE ON A SIMILAR PROJECT FOR TENDER RECOMMENDATION PURPOSES

The following are to be completed by the Client and Principal Agent and is to be supported in each

case by a letter of award and the works completion certificate.

PROJECT A:

Principal agent: ...................................................................................................

Client: ................................................................................................................

Contract Amount: ................................................................................................

Contract Duration: ...............................................................................................

Main scope of works on the project: …………………………………………………………….

Actual Contract Duration:…………………………………………………………………………

Description / Performance Very poor

(1) Poor (2) Fair (3) Good (4)

Excellent

(5)

Quality of office administration

Quality of site management

Competence of foreman

Co-operation during contract

Quality of workmanship

Quality of materials

Project management

Rectification of condemned work

Tidiness of site

Adequacy of equipment

Adequacy of labour force

Procurement of materials

Labour relations

Any other remarks considered necessary to assist in evaluation of the contractor? .............................................................................................................................................

.............................................................................................................................................

Principal Agent Firm:..........................................................................................

Telephone: .........................................................................................................

PA Signature: ....................................... Date: ........................................

Client Signature:................................... Date: ........................................

Stamp


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T2.1.20 EVALUATION SCHEDULE: REPORT ON CONTRACTOR’S

COMPETANCE & PERFORMANCE ON A SIMILAR PROJECT FOR

TENDER RECOMMENDATION PURPOSES



PROJECT B:

Principal agent: ...................................................................................................

Client: ................................................................................................................

Contract Amount: ................................................................................................



Actual Contract Duration:………………………………………………………………………….



Excellent

(5)







Programme management


Tidiness of site




Labour relations

Any other remarks considered necessary to assist in evaluation of the contractor?

.............................................................................................................................................

.............................................................................................................................................


PA Tel No.:…………………………………….. Client’s Tel. No. …………………………….



Stamp


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PROJECT C:

Principal agent: ...................................................................................................

Client: ................................................................................................................

Contract Amount: ................................................................................................






Excellent

(5)









Tidiness of site




Labour relations


.............................................................................................................................................

.............................................................................................................................................





Stamp


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PROJECT D:

Principal agent: ...................................................................................................

Client: ................................................................................................................

Contract Amount: ................................................................................................






Excellent

(5)









Tidiness of site




Labour relations


.............................................................................................................................................

.............................................................................................................................................





Stamp


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COMPETENCE & PERFORMANCE ON A SIMILAR PROJECT FOR


The following are to be completed by the Client and Principal Agent and is to be supported in each case by a letter of award and the works completion certificate.

PROJECT E:

Principal agent: ...................................................................................................

Client: ................................................................................................................

Contract Amount: ................................................................................................






Excellent

(5)









Tidiness of site




Labour relations


.............................................................................................................................................

.............................................................................................................................................





Stamp


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COMPETENCE & PERFORMANCE ON A SIMILAR PROJECT FOR




PROJECT F:

Principal agent: ...................................................................................................

Client: ................................................................................................................

Contract Amount: ................................................................................................






Excellent

(5)









Tidiness of site




Labour relations


.............................................................................................................................................

.............................................................................................................................................





Stamp


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T2.1.19 _ EVALUATION SCHEDULE: KEY PERSONNEL

The Tenderer shall list below the personnel that he intends to utilize on the Works, including key personnel that may have to be hired for the project.

CATEGORY OF EMPLOYEE

NUMBER OF PERSONS

EXISTING KEY PERSONNEL, PART

OF THE CONTRACTOR'S ORGANISATION

KEY PERSONNEL TO BE HIRED FOR THE

PROJECT IMPORTED IF NOT AVAILABLE

LOCALLY

UNSKILLED PERSONNEL TO BE RECRUITED FROM

LOCAL COMMUNITY

HDI NON-HDI HDI NON-HDI HDI NON-HDI

Construction Manager, Site Agent, Project Managers

Foremen, Quality Control and Safety Personnel

Technicians, Surveyors, etc

Artisans and other Skilled workers

Plant Operators

Others:.........................

.....................................

.....................................

.....................................

...

The Tenderer is referred to Clause F.2.1.1.2 of the Tender Data and shall insert in the spaces provided on the following pages details of the key personnel required to be in the employment of the tenderer or other organization, in order for the tenderer to be eligible to submit a tender for this project. Proof of professional registration must be appended to these schedules, together with the Curriculum Vitae of each individual. SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………


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T2.1.20 _ EVALUATION SCHEDULE: ORGANOGRAM OF KEY PERSONNEL TO BE ENGAGED ON THE PROJECT


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T2.1.21 _ EVALUATION SCHEDULE: CURRICULUM VITAE OF KEY PERSONNEL (Comprehensive CVs, certified copies of qualifications and registration certificates are required for Key personnel provided in section T2.1.14 and T2.1.21. Site Agent, Construction Project Manager, Quantity Surveyor, Technician and Foreman)


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T2.1.21.A _ CV FOR CONTRACTOR CONSTRUCTION MANAGER

Name: Date of birth:

Profession: Nationality:

Qualifications:

Professional Body:

Category of Registration:

Registration Number:

Professional Body:



Professional Body:



Name of Employer (firm):

Current position: Years with firm:

Employment Record:

Experience Record Pertinent to Required Service:

Certification: I, the undersigned, certify that, to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience. ........................................................…………………......... ……..…………………. SIGNATURE OF THE INCUMBANT IN THE SCHEDULE DATE

…………………………………………………….

INCUMBANT’S IDENTITY NUMBER


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T2.1.21.B_ EVALUATION SCHEDULE: CV FOR SITE AGENT



Qualifications:

Professional Body:



Professional Body:



Professional Body:





Employment Record:



…………………………………………………….



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T2.1.21.C_EVALUATION SCHEDULE: CV FOR QUANTITY SURVEYOR



Qualifications:

Professional Body:



Professional Body:



Professional Body:





Employment Record:



…………………………………………………….



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T2.1.21.D_EVALUATION SCHEDULE: CV FOR TECHNICIAN / ARTISAN / SURVEYOR



Qualifications:

Professional Body:



Professional Body:



Professional Body:





Employment Record:



…………………………………………………….



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T2.1.21.D_ EVALUATION SCHEDULE: CV FOR FOREMAN



Qualifications:

Professional Body:



Professional Body:



Professional Body:





Employment Record:



…………………………………………………….



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T2.1.22 _ EVALUATION SCHEDULE: PROGRAMME SCHEDULE The Tenderer shall attach a programme schedule (using a computer programme) reflecting the proposed sequence and tempo of execution of the various activities comprising the work for this Contract. The programme shall be in accordance with the information supplied in the Contract, requirements of the Project Specifications and with all other aspects of his Tender.

PROGRAMME (EXAMPLE ONLY)

ACTIVITY

MONTHS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

[Note: The programme must be based on the completion time as specified in the Contract Data. No other completion time that may be indicated on this programme will be regarded as an alternative offer, unless it is listed in Table (b) of Form I hereafter and supported by a detailed statement to that effect, all as specified in the Tender Data]

SIGNATURE: ..............................................……… IDENTITY NUMBER: …………………………….. (of person authorised to sign on behalf of the Tenderer) DATE:………………………………


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T2.1.23_ HEALTH AND SAFETY PLAN Attached hereto are my / our health and safety plan, all in compliance with the COVID-19 Occupational Health and Safety Measures in Workplaces COVID-19 (C19 OHS), 2020 from Department of Labour (DoL) Letter of undertaking from a Qualified and professionally registered OHS Consultant and a certified copy of professional registration with SACPCMP. (PLEASE ATTACHED HERE)


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T2.1.24_ PROOF OF CSD REGISTRATION Attached hereto is my / our Central Supplier Database (CSD) certified proof of registration details. My / our failure to submit the required proof with my / our tender document will lead to the conclusion that my / our company is not registered with on the CSD. (PLEASE ATTACHED HERE)


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T2.1.25 _ SBD 2: TAX CLEARANCE CERTFICATE REQUIREMENTS

It is a condition of bid that the taxes of the successful bidder must be in order, or that satisfactory

arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax

obligations.

1 In order to meet this requirement bidders are required to complete in full the form TCC 001

“Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally.

The Tax Clearance Certificate Requirements are also applicable to foreign bidders / individuals

who wish to submit bids.

2 SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1

(one) year from the date of approval.

3 The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit

the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified

copies of the Tax Clearance Certificate will not be acceptable.

4 In bids where Consortia / Joint Ventures / Sub-contractors are involved, each party must submit a

separate Tax Clearance Certificate.

5 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any

SARS branch office nationally or on the website www.sars.gov.za.

6 Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this

provision, taxpayers will need to register with SARS as eFilers through the website

www.sars.gov.za.

IMPORTANT NOTES:

The following is an abstract from the Preferential Procurement Regulations 2017 promulgated with the

Preferential Policy Framework Act No 5 of 2000:

"Tax clearance certificate

No contract may be awarded to a person who has failed to submit an original Tax Clearance

Certificate from the South African Revenue Service (“SARS”) certifying the taxes of that person to

be in order or that suitable arrangement have been made with SARS."

The ST 5.1 form: Application for Tax Clearance Certificate (in respect of tenders), must be completed

by the tenderer in every detail and submitted to the Receiver of Revenue where the tenderer is

registered for income tax purposes. The Receiver of Revenue will then furnish the tenderer with

a Tax Clearance Certificate that will be valid for 6 months from date of issue, unless otherwise

indicated on the certificate issued by SARS. This Tax Clearance Certificate must be submitted in

the original as an integral part of the tender.

Each party to a Consortium / Joint Venture / Sub-contractors must complete a separate Tax

Clearance Certificate.

Failure to submit an original valid Tax Clearance Certificate will inevitably invalidate the tender.

An example of the Application for Tax Clearance Certificate which Tenderers may use to apply for

the Tax Clearance Certificate is included hereafter and is available at any Receiver's Office.

http://www.sars.gov.za/

http://www.sars.gov.za/


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THE CONTRACT


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PART C1 : AGREEMENT AND CONTRACT DATA


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C1.1 FORM OF OFFER AND ACCEPTANCE


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C1.1 Form of Offer and Acceptance

Offer The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of: COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST ALBANS CORRECTIONAL FACILITY, EC PROVINCE

The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender. By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data. THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rand (in

words); R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures)

This offer may be accepted by the employer by signing the acceptance part of this form of offer and acceptance and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the contractor in the conditions of contract identified in the contract data. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the tenderer (Name and . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . address of organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CIDB Registration number ____________________________________________________

NOTE: Failure of a tenderer to sign this part of the tender form (offer) will invalidate the tender

Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer. AA A


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Acceptance By signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer’s offer. In consideration thereof, the employer shall pay the contractor the amount due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offer shall form an agreement between the employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract, are contained in:

Part C1: Agreements and contract data, (which includes this agreement) Part C2: Pricing data Part C3: Scope of work. Part C4: Site information

and drawings and tender documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above. Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this agreement. No amendments to or deviations from said documents are valid unless contained in this schedule. The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s agent (whose details are given in the con tract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfill any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the schedule of deviations (if any). Unless the tenderer (now contractor) within five working days of the date of such receipt notifies the employer in writing of any reason why he cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity number . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the Employer Independent Development Trust Palm Square Business Park,

Bonza Bay Road, Silverwood House, Beacon Bay, East London

Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . .


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Schedule of Deviations 1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

By the duly authorised representatives signing this agreement, the employer and the tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the tender data and addenda thereto as listed in the tender schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.


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C1.2_ 30% LOCAL SUB-CONTRACTING OF EMS’s & QSE’s

As stated in the GOVERNMENT GAZETTE, 20 JANUARY 2017, PREFERENTIAL

PROCUREMENT POLICY FRAMEWORK ACT, 2000: PREFERENTIAL PROCUREMENT

REGULATIONS, 2017 9. Subcontracting as condition of tender 9.(1) If feasible to subcontract for a contract above R30 million, an organ of state must apply subcontracting to advance designated groups. (2) If an organ of state applies subcontracting as contemplated in sub-regulation (1), the organ of state must advertise the tender with a specific tendering condition that the successful tenderer must subcontract a minimum of 30% of the value of the contract to- (a) an EME or QSE; I/We hereby notify you that it is my/our intention to employ the following domestic sub-contractors, with

a maximum of a grade _____________(BBBEE Level) for work in this contract, who will perform a

minimum of 30% of the value of work as per condition above, but limited to a maximum of 40% of the

value of the work.

If I/we am/are awarded a contract I/we agree that this notification does not change the requirement for

me/us to submit the names of proposed subcontractors in accordance with requirements of the

contract for such appointments. If there are no such requirements in the contract, then your written

acceptance of this list shall be binding between us. I/We confirm that all subcontractors who are

contracted to construct a house or building, are registered as home builders with the National Home

Builders Registration Council. Names of Proposed Subcontractors

Addresses of Proposed Subcontractors

BBBEE Level

Trade of Work to be Executed by Subcontractor

Value (Incl Tax) of Work to be Executed by Subcontractor

% of Work to be Executed by Subcontractor

SIGNATURE: ..............................................……… IDENTITY NUMBER: ……………………………..

(of person authorised to sign on behalf of the Tenderer) DATE:………………………………


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C1.2 CONTRACT DATA


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COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST ALBANS CORRECTIONAL FACILITY, EC PROVINCE Contract Data for BID NO: DCS05ECAN002WP0/2020 The Conditions of Contract are clauses of the JBCC Series 2000 Principal Building Agreement (Edition 6.2 Reprint May 2018) published by the Joint Building Contracts Committee together with IDT’s Special Conditions of Contract. Copies of these conditions of contract may be obtained from the Association of South African Quantity Surveyors (011 315-4140), Master Builders Association (011 205-9000; 057 352-6269) South African Association of Consulting Engineers (011 463-2022) or South African Institute of Architects (051 447-4909; 011 486-0684; 053 831-2003;) The JBCC Principal Building Agreement makes several references to the Contract Data for specific data, which together with these conditions collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. Should there be any contradictions between the Contract Data and the JBCC Principal Building Agreement, the Contract Data shall take precedence. Each item of data given below is cross-referenced to the clause in the JBCC Principal Building Agreement to which it mainly applies. The additions, deletions and alterations to the JBCC Principal Agreement are:

Clause

Number Contract Data for BID NO: DCS05ECAN002WP0/2020

1.0

DEFINITIONS AND INTERPRETATION

Clause 1.1 is deemed to be amended by the addition and amendments of the follow ing:

Change the Definition of "AGREEM ENT" to read as follow s:

This JBCC Principal Building Agreement, the contractor’s tender document accepted by the employer,

the form of offer signed by the contractor, special conditions of contract, contract data and other

contract documents .

Change the Definition of "BILLS OF QUANTITES" to read as follow s:

The document draw n up in accordance w ith the pricing instructions contained in the pricing data and

draw n up in accordance w ith the measuring system.

Change the Definition of "CONSTRUCTION PERIOD" to read as follow s:

The period commencing on the date of site hand over and ending on the date of practical completion,

excluding annual industry holiday periods .

Change the definition of “PAYMENT CERTIFICATE” to read as follow s:

A certif icate prepared at regular agreed intervals by the principal agent to the contractor certifying the

value of w ork done and verif ied by the employer for payment, delivered to the employer and properly

recorded on delivery, and the certif icate w ill only become due and payable once the employer has verif ied

and signed the certif icate. Note: The employer reserves the right to w ithhold or reject the certif icate w ithin

ten (10) w orking days should there be a reason to do so, and the contractor may resort to the dispute

resolution process should the rejection fails to be resolved.

Change the Definition of "PRACTICAL COMPLETION" to read as follow s:

The stage of completion w here the works or a section thereof, in the opinion of the principal agent, has

been reached in accordance w ith C28 & C29 this is a different clause of the specif ic preliminaries and

w here the w ork on the practical completion list (and tenant's list if applicable) has been completed and

free of patent defects other than minor defects identif ied in the list for completion and can be used for the

intended purpose and certif ied as complete by the principal agent.

Change the Definition of "CONTRACT DRAWINGS" to read as follow s:

The draw ings listed in the Scope of Works


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Clause Number

Contract Data for BID NO: DCS05ECAN002WP0/2020

Change the Definition of "CONTRACT SUM" to read as follow s:

The total of prices in the Form of Offer and Acceptance.

Change the Definition of "INTEREST" to read as follow s:

The interest rates applicable to this contract, w hether specif ically indicated in the relevant clauses or not,

w ill be the rate as determined by the Minister of Finance, from time to time, in terms of section 80(1)(b) of

the Public Finance Management Act, 1999 (Act No. 1 of 1999).

Change the Definition of "SECURITY" to read as follow s:

The form of security provided by the employer or contractor, as stated in the schedule , from w hich the

contractor or employer may recover expense or loss.

Add the follow ing to the list of definitions:

SCHEDULE means the variables listed in the Contract Data.

DATE OF SITE HANDOVER means the date the contractor is given possession of the site, w hich shall

alw ays be after the signing of the agreement and approval of the construction permits from the relevant

authorities including Departments of Labour and Environmental Affairs and local municipality (w here

applicable).

EXCEPTIONALLY INCLEMENT WEATHER means w eather w hich is not only extreme or severe but

exceeding that w hich, on the evidence of the past ten years, could reasonably been expected.

TENANT LIST means a list compiled by the tenant or in his absence the principal agent defining the

incomplete or defective w ork to be rectif ied to achieve practical completion. Such list shall be scrutinized

and endorsed by the principal agent and shall not be unreasonable in the context of his contract.

CORRUPT PRACTICE means the offering, giving, receiving and soliciting of anything of value to

influence the action of a public off icial in the procurement process or in contract execution

FRAUDULENT PRACTICE means a mispresentation of facts in order to influence a procurement process

or the execution of a contract to the detriment of any tenderer, and includes collusive practice among

tenderers (prior to or after the tender submission) designed to establish tender prices at artif icial non-

competitive levels and to deprive the tenderer of the benefits of free and open competition.

3.0

OFFER AND ACCEPTANCE

Clause 3.3 deleted and replaced w ith the follow ing:-

3.3. This Agreement shall come into force on the date of signature of the contract by the employer and

after all statutory requirements have been met, and continue to be of force and effect until the end of the

latent defects liability period – notw ithstanding termination or the certif ication and f inal payment [22.0; 29.0

& 25.0]

4.0 CESSION AND ASSIGNMENT


4.2. The Contractor shall not consent to a nominated Subcontractor assigning or ceding rights or

obligations in terms of this agreement w ithout obtaining the prior w ritten consent of the Principal Agent

w ith w ritten approval from the Employer


4.3. Where the Contractor intend to cedes any right to monies due or to become due under this

agreement as security in favour of a f inancial institution, a w ritten consent in accordance w ith clause 4.1 ,

shall be obtained from the Employer prior to entering into such cession.


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Clause 4.0 is amended by adding the follow ing new clauses:

4.4 Any cession entered into w ithout the necessary w ritten consent from either party, shall be null and

void.

4.5 The Employer shall not consent to a cession of monies due or to become due under this agreement

as security in favour of a f inancial institution, unless such f inancial institution submitted to the IDT a Valid

Tax Clearance Certif icate, is registered as a credit provider in terms of the National Credit Act and as a

vendor in the IDT’s Vendor Management System and in line w ith the IDT’s SCM processes.

4.6 The contractor shall adhere to the list of subcontractors indicated in the returnable schedules. Any

changes to the subcontractors and their subcontract w ork shall be approved by the client in w riting. The

contractor shall not subcontract more than 25% of the w orks to subcontractors w hose BEE status is

less than his at the time of appointment. Failure to comply w ith this shall constitute a breach of contract.

5.0 CONTRACT DOCUMENTS


5.2. The parties shall sign the original contract document and shall each be issued w ith the copy thereof.

The original signed contract document shall be held by the Employer.

6.0 EMPLOYER’S AGENTS


6.1. The Employer w arrants that the Principal Agent has authority and obligation to act and bind the

Employer in terms of this agreement, subject to certain restrictions contained herein this document.


6.4. Where any agent fails to act in terms of delegated authority, the Contractor shall give notice to the

Principal Agent and the Employer to respond to such default w ithin f ive (5) w orking days or any agreed

period. Where such default has not been responded to w ithin the specif ied or the agreed period, the

Contractor may give not less than 10 w orking days’ notice of intention to suspend the w orks [28.0].


6.5 Where any agent fails to act or is unable to act, or ceases to be an agent, in terms of this agreement,

the Employer shall appoint an interim agent w ithin 10 w orking days from the date of the employer being

aw are of such event pending procurement of a replacement agent through normal employer’s SCM processes.

9.0 INDEMITIES

Clause 9.0 is amended by the addition of the follow ing clause:-

Clause 9.1.3 Physical loss or damage to an existing structure in the w orks that are the subject of the

contract and to existing structures as w ell.

Delete 9.2.7.

Delete 9.2.10.

10.0 INSURANCES

Clause 10.0 is amended by the addition of the follow ing clauses to the end thereof:


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10.11 Damage to the w orks

(a) Without any w ay limiting the contractor’s obligations in terms of the contract, the contractor

shall bear the full risk of damage to and/or destruction of the w orks by w hatever cause during

construction of the w orks and hereby indemnifies and holds harmless the employer against

any such damage. The contractor shall take such precautions and security measures and

other steps for the protection and security of the works as the contractor may deem

necessary.

(b) The contractor shall at all times proceed immediately to remove or dispose of any debris

arising from damage or destruction of the works and to rebuild, restore, replace and/or

repair the works .

(c) Where the employer bears the risk in terms of this contract, the contractor shall, if

requested to do so, reinstate any damage or destroyed portions of the works and the costs

of such reinstatement shall be measured and valued in terms of 32.0 hereof.

10.12 Injury to Persons or loss of or damage to Properties

(a) The contractor shall be liable for and hereby indemnifies the employer against any liability,

loss, claim or proceeding w hether arising in common law or by statute, consequent upon

personal injuries to or the death of any person w homsoever arising out of or in the course of

or caused by the execution of the works unless due to any act or negligence of any person

for w hose actions the employer is legally liable

(b) The contractor shall be liable for and hereby indemnifies the employer against any liability,

loss, claim or proceeding consequent upon loss of or damage or to any moveable, or

immoveable property or personal property or property contiguous to the site , w hether

belonging to or under the control of the employer or any other body or person, arising out of or in the course of or by reason of the execution of the works unless due to any act or

negligence of any person for w hose actions the employer is legally liable.

(c) The contractor shall upon receiving a contract instruction from the principal agent cause

the same to be made good in a perfect and w orkmanlike manner at his ow n cost and in

default thereof the employer shall be entitled to cause it to be made good and to recover the

cost therefore from the contractor or to deduct the same from amounts due to the

contractor.

(d) The contractor shall be responsible for the protection and safety of such portions of the

premises placed under his control by the employer for the purpose of executing the works

until the issue of the certificate of practical completion.

(e) Where the execution of the works involves the risk of removal of or interference w ith support

to adjoining properties including land or structures or any structures to be altered or added

to, the contractor shall obtain adequate insurance and w ill remain adequately insured or insured to the specif ic limit stated in the contract against the death of or injury to persons or

damage to such property consequent on such removal or interference w ith the support until

such portion of the works has been completed.

(f) The contractor shall at all times proceed immediately at his ow n cost to remove or dispose

of any debris and to rebuild, restore, replace and / or repair such property and execute the

works .

10.13 High Risk Insurance

In the event of the project being executed in a geological area classif ied as a “High Risk Area”,

that is an area w hich is subject to highly unstable subsurface conditions w hich might result in

catastrophic ground movement evident by sinkhole or dolomite formation the follow ing w ill apply:

10.13.1 Damage to the w orks

The contractor shall, from the commencement date of the works until the date of the

certificate of practical completion, bear the full risk of and hereby indemnifies and hold

harmless the employer against any damage to and/or destruction of the works


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consequent upon a catastrophic ground movement as mentioned above. The

contractor shall take such precautions and security measures and other steps for the protection of the works as he may deem necessary.

When so instructed to do so by the principal agent, the contractor shall proceed

immediately to remove and/or dispose of any debris arising from damage to or

destruction of the works and to rebuild, replace and/or repair the works , at the

contractor’s ow n costs.

10.13.2 Injury to persons or loss of or damage to property

The contractor shall be liable for and hereby indemnifies and holds harmless the

employer against any liability, loss, claim or proceeding arising at any time during the

period of the contract w hether arising in common law or by statute, consequent upon

personal injuries to or the death of any person w homsoever resulting from, arising out of

or caused by a catastrophic ground movement as mentioned above.

The contractor shall be liable for and hereby indemnifies the employer against any and all liability, loss, claim or proceeding consequent upon loss of or damage to any

moveable, or immovable property or property contiguous to the site , w hether belonging

to or under the control of the employer or any other body or person w homsoever arising

out of or caused by a catastrophic ground movement, as mentioned above, w hich

occurred during the period of construction.

10.13.3 It is the responsibility of the contractor to ensure that he has adequate insurance to

cover his risk and liability as mentioned in 10.14.1 and 10.14.2. Without limiting the

contractor’s obligations in terms of the contract, the contractor shall, w ithin tw enty one

(21) calendar days of the commencement date but before commencement of the

works submit to the employer proof of such insurance policy, if requested to do so.

10.13.4 The employer shall be entitled to recover any and all losses and/or damages of w hatever

nature suffered or incurred subsequent upon the contractor’s default of his obligations

as set out in 10.14.1, 10.14.2 and 10.14.3. Such losses or damages may be recovered

from the contractor or by deducting the same from any amounts still due under this contract or under any other contract presently or hereafter existing betw een the

employer and the contractor and for this purpose all these contracts shall be

considered on indivisible w hole.

11.0 SECURITY

Delete clause 11.1.1 and replace w ith the follow ing:-

11.1.1 The contractor shall furnish the employer w ith a f ixed construction guarantee equal in value to

ten per cent (10%) of the contract sum w ithin f if teen (15) working days from the offer of appointment

date and keep such security valid and enforceable until the final payment certificate has been issued to

the contractor).

Or ..

Delete clause 11.1.2 and replace w ith the follow ing:-

11.1.3 The Contractor shall furnish the employer w ith a f ixed set of f ive per cent (5%) guarantee of the

contract sum and a payment reduction of 5% of the value of each payment certificate up to a maximum

of f ive per cent (5%) of the contract sum [25.3.3]. The contractor shall keep such security valid and

enforceable until the final payment certificate has been issued. The contractor could release the

retention at any stage of the contract by issuing a further construction guarantee of f ive percent (5%) of

the contract sum .

Amend clause 11.4 to read as follow ing:

11.4 Where a contractor fails to provide the security for projects of value less than R5 million, the

employer may:

Amend clause 11.4.1 to read as follow s:

11.4.1 Hand over the site to the contractor and w ithhold in interim payment certificates to the


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contractor an amount equal to ten percent (10%) of the contract sum . The amount w ithheld shall be

reduced at practical completion [19.0] to f ive percent (5%) of the contract sum and to zero percent (0%) in the final payment certificate [25.9;25.15]

Delete Clauses 11.2.2, 11.3,11.4; 11.5, 11.6

Delete clause 11.10 and replace w ith the follow ing

11.10 The Contractor hereby w aives, in favour of the Employer, any lien or right of retention that is or

may be held in respect of the Works to be executed on the Site.

Clause 11.0 is amended by adding the follow ing new clauses:

11.11 Within f if teen (15) working days of the date of final completion of the works the employer shall

release all construction guarantees to the contractor.

11.12 Where the employer has a right of recovery against the contractor, the employer may issue a

w ritten demand in terms of the construction guarantee.

11.13 Construction guarantees shall only expire at final completion date.

11.14 The Employer, as an Organ of State, shall not be required to provide payment guarantees

12.0 OBLIGATIONS OF THE PARTIES

Delete clause 12.1.1


Clause 12.0 is further amended by adding the follow ing clauses:

12.4 The contractor shall:

12.4.1 Immediately on aw ard of the contract and prior to the commencement on site , the contractor shall prepare a w orking programme covering the f irst month of the construction period. This w orking

programme shall be prepared in conjunction w ith the principal agent and shall be subject to his

approval.

During the f irst month of the construction period the contractor shall prepare and draw up the

programme for the balance of the works for approval by the principal agent

12.4.2 This programme shall be draw n up in accordance w ith the dates in the agreement for

possession, sectional completion and practical completion and shall be in suff icient and approved detail

to ensure control over the works .

12.4.3 The programme shall be compiled based on the Critical Path Method of Programming w ith the

critical activities clearly highlighted. It shall be compiled in such a w ay that logic is not constrained by

resource limitations unless specif ically approved by the principal agent.

12.4.4 Documentation w ill not be available in complete detail at the commencement stage. How ever the contractor, in conjunction w ith the principal agent, shall progressively plan the works on provisional

information available and w ith suff icient scope to include future detail w ithout disrupting the basic logic

initially approved by the principal agent.

The quantities contained in these bills of quantities are provisional and shall be utilized as a guide only

for the draw ing up of the programme.

Where assumptions are made in regard to programming aspects, such assumptions shall be recorded in

the programme.

12.4.5 The programme shall be updated and modif ied to accommodate a material change in

circumstances or w henever reasonably required by the principal agent.

Any acceleration and/or special measures sanctioned by the principal agent together w ith

associated effects shall be incorporated in a revision to the programme.

12.4.6 The programme (including each revision thereof) shall be prepared in conjunction w ith the


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principal agent and shall be subject to his approval. The approval of the principal agent shall be

deemed to be given on the basis that the contractor represents that the programme complies w ith the requirements of this agreement.

The contractor shall be responsible at all times for maintaining the accuracy, validity and

reasonableness of the programme and the implementation thereof. The fact that a programme has

been prepared in conjunction w ith the principal agent or approved by him shall not release or relieve the

contractor from any of his obligations or responsibilities under this agreement. Without derogating from

the foregoing, the contractor shall at all times bear the onus to demonstrate that the programme

complies w ith the requirement of this agreement and, w here applicable constitute an appropriate

baseline programme for any purpose in connection w ith this agreement.

12.4.7 The contractor and the principal agent shall, at regular intervals not exceeding one month,

assess the state of progress of the works relative to the latest agreed revision of the programme . Such

agreement shall include the recording of actual commencement and completion dates for each activity

and shall constitute the off icial record of the progress at such point in time.

12.4.7 The contractor shall comply w ith his tendered subcontractors as stipulated in clause 4.6.

12.5 The contractor shall not remove, cut back or disturb trees and shrubs w ithout a contract instruction

from the principal agent. (Specif ic requirements of the employer must be described)

12.6 The contractor shall ensure that any relics, treasure or other articles of potential value found on the

site remain the property of the employer and shall be handed over to the principal agent w ho shall be the

sole arbiter of w hat is an article of value.

14.0 NOMINATED SUBCONTRACTORS

Delete clause 14.1 and replace w ith the follow ing

14.1 The principal agent and/or agents , on w ritten instruction from the employer, shall:


Amend clause 14.3 to read as follow s:-

14.3 Where such subcontractor is not appointed by the contractor for the reasons stated (14.2), or

w here the appointment of a subcontractor has been terminated, another subcontractor shall be

nominated and be appointed on instruction from the principal agent on w ritten instruction from the

employer.

Amend clause 14.7.3 to read as follow s:-

The principal agent, on w ritten instruction from the employer, shall instruct the contractor to appoint

another nominated subcontractor (14.1.4) to complete the n/s subcontract w orks.


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15.0 SELECTED SUBCONTRACTORS


The principal agent and/or agents, on w ritten instruction from the employer, shall:

Clause 15.1.2 deleted and replaced w ith:

15.1.2. Call for tenders from a list of tenderers agreed betw een the contractor, the principal agent and

the employer

15.1.5. Delete


15.3. Where such subcontractor is not appointed by the contractor for the reasons stated (15.2), or

w here the appointment of a subcontractor has been terminated, another subcontractor shall be chosen

and be appointed on instruction from the principal agent on w ritten instruction from the employer.

Amend clause 15.7.3 to read as follow s:-

15.7.3 The contractor shall appoint another selected subcontractor (15.1.4) to complete the n/s

subcontract works in consultation w ith principal agent and/agents on w ritten instruction from the

employer

16.0 Amend clause 16.1.1 by adding the follow ing sub-clause:

6.1.1.1 The employer w ill appoint direct contractors for the follow ing direct contract w ork and the contractor shall be expected to accommodate them in his planning and execution of w ork:

a) ………………..

b) ………………

17.0 CONTRACT INSTRUCTIONS

Amend Clause 17.0 by adding the follow ing sub clauses under clause 17.1.2

The w ord “substantially” in the main clause above is qualif ied by the follow ing four sub clauses:

17.1.2.1 Quantity as per line item in f ixed Bill of Quantity of more than 5%.

17.1.2.2. Variation in standards that result in rate adjustment w ithin the BOQ of more than 5%

17.1.2.3. Variation in the design that varies the contract sum by more than 5%

17.1.2.4. Should any of the clauses 17.1.2.1-3 be triggered the employer must be notif ied w ithin 24 hour

of becoming aw are of the change in w riting. The 5% variance includes the exceeding or reduction of the

amount as state above.

Amend clause 17.1.13 to read as follow :

17.1.13 Expenditure of budgetary allow ances, prime cost amount and provisional sums w ill only be

allow ed w ith the express, explicit and unique w ritten consent of the employer.

19.0 PRACTICAL COMPLETION

Amend Clause 19.0 by adding the follow ing clauses:

19.4.1. In the event of failure as contemplated in the main clause, The employer reserves the right to

issue a practical completion list in excess of the principal agent list or in replacement thereof.

19.4.2. No default Practical completion w ill be deemed to be given, in light of sub clause 19.4.1

19.8 Without derogating from the generality of the requirements for practical completion the follow ing

specif ic requirements shall apply:

19.8.1 Defects occurring after the issue of the practical completion list requiring remedial


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w ork that w ill in the opinion of the principal agent cause disruption, w ill cause the

issue of the certif icate of practical completion to be w ithheld until such defects have been rectif ied to the satisfaction of the principal agent.

19.8.2 The follow ing certif icates of compliance shall be required (excluding others that may be

required by the local/national authority) from the contractor to achieve practical

completion and completion certif icate shall be invalid if one of them is missing:

a) A certif icate from the contractor that all aspects of the construction regulations

of 2014 have been complied w ith.

b) A certif icate from the contractor that the National Building Regulations have

been complied w ith

c) An occupancy certif icate

d) occupational Health and Safety certif icate

e) A certif icate of compliance w ith respect to plumbing and drainage

f) An electrical certif icate of compliance

g) A certif icate of compliance w ith respect to all glazing

h) A certif icate of compliance and f ire clearance certif icate from the contractor and f ire chief respectively.

i) A galvanizing and painting guarantee.

j) All mechanical certif icate of compliance.

k) All structural certif icate of compliance.

l) A palisade certif icate of compliance.

m) A smoke extraction certif icate of compliance.

n) A f ire signage certif icate of compliance.

o) A tiling certif icate of compliance.

p) A w aterproofing certif icate of compliance.

q) A generator guarantee.

r) Commissioning reports

s) Maintenance and operational manuals

t) Training of end users on equipment, etc.

u) Any other applicable guarantees.

19.8.3 A complete set of maintenance and operating manuals together w ith all w orkmanship

and material w arranties and guarantees are to be compiled and issued to the principal

agent prior to practical completion being granted. In addition to the abovementioned

documentation a formal "on site" handover w ill be required to be conducted w ith every

discipline in the presence of the contractor as w ell as the applicable services

subcontractor.

Delete Clause 19.6 and replace w ith the follow ing clauses:

19.6 Notw ithstanding anything to the contrary contained in the contract, should the contractor in the

opinion of the principal agent not have achieved practical completion of any area of the works ,

the employer may, notw ithstanding the contractor’s ongoing responsibilities, take possession of

any such area and such possession by the employer shall not in any w ay be construed that

practical completion has been achieved.

In such event, the principal agent shall give w ritten notice to the contractor that the employer is taking immediate possession of any particular area/s w ithout practical completion having been

achieved in order to mitigate the employer’s damages and exposure to loss or expense.

19.6.1 In the event of the Employer taking occupation of the works or part thereof prior to

practical completion being achieved, but on or after the date for practical

completion, the employer shall:

(a) Have the principal agent issue a practical completion list(s) prior to such

occupation

(b) Grant the contractor thereafter all reasonable access to expeditiously attend to the

items on the practical completion list(s)

Add clause 19.8 to Clause 19.0 to read as follow s:

19.8 After the issue of the certificate of practical completion, entry upon the works to make good

defects shall be at such reasonable times as shall be agreed by the principal agent.


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The contractor shall not receive any mark-up for overheads and profit on any omission of tenant

installation w ork or tenant installation w ork by others. Claims of loss of profit shall not be entertained.

22.0 LATENT DEFECT LIABILITY PERIOD

Amend Clause 22.1 to read as follow :

22.1 The latent defect liability period for the w orks shall commence at the start of the construction period

and end 10 years from the certif ied date of f inal completion.

Amend 22.3 to read as follow :

22.3 Where termination of this agreement occurs before the date of f inal completion, the latent defect

liability period shall end 10 Years from the date of termination (29.10; 29.23) for the completed portion of

the w orks only.

Delete clause 22.2

23.0 REVISION OF THE DATE FOR PRACTICAL COMPLETION


23.2 The contractor is entitled to a revision of the date for practical completion w ith an adjustment of

the contract value (26.7) by the principal agent subject to a w ritten approval from the employer, for a

delay to practical completion caused by one or more of the follow ing events:-


23.7. The principal agent shall, w ithin tw enty (20) w orking days of receipt of the claim, w ith the w ritten

consent of the employer, grant in full, reduce, refuse the w orking days claimed, and:

25.0 PAYMENT

Amend 25.1. to read as follow :

25.1 The contractor shall cooperate w ith and assists the employer and Principal agent in the

preparation of the cash f low statement and payment valuation by providing all required document and

quantif ied amount of w ork duly executed. Where the contractor has not provided such information the

principal agent shall make a fair estimate of the w ork executed.

Amend Clause 25.0 by adding the follow ing sub clauses under clause 25.1:

25.1.1. The principal agent shall prepare in full the payment certificate for signature and effect by the

employer as stipulated in the contract. No payment certificate w ill be concluded and effected w ithout the

employer’s authorised signature on the certif icate.

25.1.2. No payment certificate w ill be effected w ithout the employer’s authorised signature on the

certif icate.

25.1.3 The Employer reserves the right to demand a valid Tax Clearance Certif icate prior to making any

payment to the Contractor, should it become aw are that the tax clearance certif icate has expired.

25.1.4 The Contractor shall submit the valid Tax Clearance Certif icate w ithin f if teen (15) w orking days or


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any extended period, from the date of expiry of the Tax Clearance Certif icate.

Amend Clause 25.6 by adding the follow ing sub clauses:

25.6.1 The employer shall only be liable for the payment for materials and/or goods on site if ow nership is

proven by the contractor (paid in full) and such ow nership shall pass on to the employer upon payment.

25.6.2 The employer shall only be liable for the payment for materials and/or goods offsite if ow nership is

proven by the contractor (paid in full) and the contractor submits a bank guaranteed cheque of the value

of materials and/or goods in favour of the client and such ow nership shall pass on to the employer upon

payment.


25.10 The Employer shall, in accordance w ith clause 8.2.3 of the treasury regulation of March 2005, pay

to the Contractor the amount certif ied in an interim payment certificate w ithin thirty (30) calendar days

from the date of submission of undisputed payment certificate ” to the employer after verif ication, unless there is an objection of the certif icate by the employer. The employer cannot reject a certificate once the

employer signs it.

26.0 ADJUSTMENT OF THE CONTRACT VALUE AND FINAL ACCOUNT

Add the follow ings sub clauses to clause 26.1.

26.1.1. Upon receipt of the change request, the Principal Agent must professionally consider the merits

of the change request and make a recommendation to the employer.

26.1.2. The Principal Agent shall not have the pow er to approve any deviation or variation w hich has

f inancial implications on the Employer w ithout the necessary w ritten approval of the Employer, except

under emergency circumstances w herein failure to undertake the w ork may result in loss of life.

26.1.3. The Employer must communicate the approval of the change request in w riting to the Principal

Agent and the Principal Agent shall, upon receipt of confirmation of the change request, issue the

necessary Contract Instruction to the contractor to undertake the w orks.

26.1.4. The Contractor shall not commence w ith any change request Works w ithout proof of the w ritten

approval of the Variation Order from the Employer, except under circumstances mentioned in paragraph

26.1.2 above.

26.1.5 Should the Contractor undertakes the change request Works w ithout the necessary w ritten

approval of the change request from the Employer, the Contractor shall be entirely liable for any

f inancial and any related implications and hereby indemnify and hold harmless the Employer from and

against any and all claims, actions, damages, liabilities, injuries, costs, fees, expenses, or losses,

including and w ithout limitation, reasonable attorney’s fees and costs of investigation and litigation,

w hatsoever w hich may be incurred by, or for w hich liability may be asserted against, the Employer

arising out of the Contractor’s performance or non-performance of unauthorized w orks, but only to the

extent caused by the negligent acts, errors or omissions of the Contractor.

26.1.6. The Contractor shall not accept any instructions from any party, including beneficiary

Department, other than the Principal Agent.


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Amend clause 26.7 to read as follow :

26.7 The principal agent, in consultation w ith the employer, shall assess the claim and on approval by

the employer, shall adjust the contact value w ithin tw enty (20) w orking days of receipt of such details .

27.0 RECOVERY OF EXPENSE AND/OR LOSS

27.1.5. Delete

28.0 SUSPENSION BY THE CONTRACTOR

Amend clause 28.1. to read as follow :

28.1 The contractor may give fourteen (14) Working days’ notice to the employer and the principal

agent of the intention to suspend the w orks w here the employer and the principal agent have failed to:

Add the follow ings clause to clause 28.0:

28.5. The date of resumption of w orks shall be the date on w hich the default has been remedied by the

employer.

29.0 TERMINATION

Clause 29.1.1 is amended by the addition of the follow ing sub-clauses:

29.1.1a The contractor refuses or neglects to comply strictly w ith any of the conditions of contract.

29.1.1b The contractor’s estate being sequestrated, liquidated or surrendered in terms of the insolvency law s in force w ith the Republic of South Africa.

29.1.1c The contractor, in the judgment of the employer, has engaged in corrupt or fraudulent

practices in competing for or in executing the contract.

29.1.1d The contractor fails to perform in terms of the agreement or the employer on reasonable ground

believe that the contractor may not be able to comply w ith his obligation.


29.10 The latent defect liability period for the completed portion of the w orks shall end (22.3.1) 10 years

from the date of termination.


29.23 The latent defect liability period for the completed portion of w orks shall end 10 years from the date

of termination (22.3.2).

30.0 DISPUTE RESOLUTION

Delete clauses 30.3, 30.4, 30.5 and 30.6


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C1.2.1 _ SPECIAL CONDITIONS OF CONTRACT

To the

THE JBCC PRINCIPAL BUILDING AGREEMENT

NAME OF PROJECT: COMPLETION OF THE CONSTRUCTION OF FENCING

AND BUILDING WORKS AT ST ALBANS CORRECTIONAL FACILITY, EC

INTRODUCTION WHEREAS, the Independent Development Trust (“IDT”) made an Offer of Appointment and the Contractor has accepted such appointment subject to the conditions stipulated in the aforesaid Offer of Appointment Letter, which conditions include signing of the JBCC Agreement, Edition 6.2 © May 2018 (hereinafter referred to as “Main Agreement”) and the Contract Data. AND WHEREAS, this Special Condition of Contract shall form part of the Main Agreement between the Employer and the Contractor.

ADDITIONS TO THE MAIN AGREEMENT AND THE CONTRACT DATA

1. JOINT VENTURE AGREEMENT

1.1 Should the Joint Venture Agreement be dissolved or any of the JV partner pull out the JV

Agreement for any reasons whatsoever, the Employer hereby reserves its right to terminate the

contract with immediate effect.

1.2 Should one JV partner pull out of the JV agreement and the replacement JV partner does not meet

the BBBEE threshold stipulated in clause 5.4 of the Special Condition of the Principal Contract, the

IDT shall be entitled to cancel the contract with immediate effect.

1.3 Should the BBBEE status of the Joint Venture be changed to a lower rate than the bidding rate,

based on legislation applicable at the time of tender closing, the IDT shall be entitled to cancel the

contract.

2. SUBCONTRACTING

2.1 A service provider awarded the contract may not sub-contract more than 25% of the value of the

contract to any other enterprise that does not have an equal or higher BBBEE status level than the

person concerned, unless the contract is subcontracted to an exempted micro enterprise that has

the capability and ability to execute the sub-contract.

2.2 Service provider awarded the project shall subcontract not less than 15% of the contract value to

Black-owned local firms with preferably women, youth and people with disability

3. ALLOCATION OF WORK TO LOCAL SUBCONTRACTORS, SUPPLIERS AND LABOURERS

Service provider awarded the project shall employ at least 30% of skilled labour and 70% unskilled locally. The minimum participation threshold for subcontracting to local SMME’s will be 30% of the contract value including VAT. A contractor failing to successfully subcontract the said minimum of 30% of the value of the works will be penalised to a maximum of 10% of the total value of the subcontract


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work. The contractor shall ensure that he allocates a minimum of 30% of the works to local subcontractors, as stipulated in T1.3.

4. TRAINING

Service provider awarded the project shall train local labour on life skills, on the job and accredited certification in e.g. plumbing, bricklaying, electrification, etc. from accredited institution. CIDB grade 7 will be required to provide at least 2 certification training, grade 8 and 9 will be required to provide at least 5 and 5 certifications respectively.

5. PENALTIES FOR NON-COMPLIANCE ON EMPOWERMENT TARGETS

Failure to comply with tendered empowerment targets in the tender document shall constitute a breach in terms of the main agreement and thereby entitles the Employer to impose a penalty as per clause (value/formula for calculating the penalty).

6. INSURANCES

With reference to clause 10.1.1 - The contractor shall be responsible for effecting and maintaining the contract works insurance for the full duration of the contract period. The insured amount for the full scope of works shall be 125% of the contract amount. The insured amount shall include for alterations and renovations to existing buildings and shall not reduce in any way despite sectional; completion being taken.

7. SITE AND ACCESS AND WORKING HOURS

The site of the works is regarded a National Key Point within which the contractor shal l have restricted access to the site on being given possession to fulfill his obligations. The contractor shall be briefed on the restrictions of movement, servitudes, access control, buildings in use, security requirements and security clearances, working hours due to the site being occupied and under the employers control at all times. The contractor shall not extend his operations into any restricted or undefined areas. The contractor shall ensure that all personnel and subcontractors engaged on the contract and those visiting the site have the necessary police and security clearances prior to such persons being brought on to site. Any persons found to be non-compliant shall not be allowed entry to the site. All costs associated with the verification of personnel to meet this requirement shall be borne by the contractor. The employer shall have unrestricted and continuous access to the works due to the statutory classification of the site and its operations. This arrangement shall be coordinated and agreed upon by all parties prior to the handover of the site to the contractor. A steering committee comprising representatives of the employer, the principal agent, the contractor and any other nominated or required party shall be set up to ensure that the contractors operations are unhindered. Work shall be carried out during normal working hours. Any extended times or approval or overtime work shall be considered and approved by the steering committee. The contractor shall comply with the employer’s rules for the control of delivery of materials and goods into the site and for the removal of such items from the site.

8. SECTION/SECTIONAL COMPLETION

Due to the nature of the works and the works being occupied, practical completion is required on defined portions of the works as will be determined from the contractors programme. Where a project comprises several buildings or components and/or when several buildings or components are clustered into a single contract, these entities shall for the purposes of administration of the contract be treated as single units. In the event that any approvals for extension of time or any other rulings or approvals for such single units are granted such approvals or rulings shall be deemed to apply to the individual unit only and not the contract as a whole.


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9. PAYMENT OF PRELIMINARY & GENERAL COSTS (P&G)

In the event that the contractor, due to causes of his own making, fails to achieve the targets set out in his construction programme and his performance is not in accordance with the contract, payment of the time related p&g will be paid in proportion to the value of the monthly progress payment and not in accordance with the projected cash flow for this item. The principal agent shall review the status quo and revert to paying the contractor in accordance with the contract once the contractor has demonstrated improvement of their performance and the principal agent is satisfied that the contractor is performing diligently. Similarly the full amount of the fixed portion of the p&g will be paid only once the successful contractor has fully complied with deliverables under this section.

10. PRICED DOCUMENT

The priced document shall not be used as a specification for material and goods and the quantities should not be used for procurement purposes.

11. FINAL PAYMENT

The employer shall pay to the contractor the amount certified in final payment certificate within thirty (30 ) calendar days of the date of issue of the payment certificate or the contractors tax invoice whichever is the later date.

12. RECOVERIES OR CREDIT FOR OLD MATERIALS FROM DEMOLITIONS ETC

Contractors will be required to return all reusable material and goods removed from existing buildings or installations to the employers designated store soon after such items are removed from the buildings or installations. Tenderers shall, in their pricing, therefore allow for the loading, delivery, offloading of such items to the employer’s storage facility. Tenderers shall also allow for all temporary storage and protect ion of these items on the site of the works until such items are returned to the employers storage facility. A schedule of all recoverable items expected to be returned to the employer shall be agreed between the employer’s representative and the contractor at the site handover. Items not included in such schedule shall be deemed to be the contractor's property upon demolition. Any credits to the employer for material from demolitions and installations not returned to the employer shall be priced under the relevant section for credits in the bill of quantities. A recordial of these items will be captured on a schedule maintained by the principal agent.

13. AMBIGUITY OR DISCREPANCY

If any ambiguity or discrepancy in any of the documents forming part of the contract is found, then the contract data and or amendments herein shall prevail in cases of conflict between any of the documents.

14. SECURITY CLEARANCE

Restrictions on movement and limited access

The Contractor's personnel, vehicles and equipment will be restricted to areas of construction only. The Contractor shall comply with any requirements that the Engineer may have in this regard and shall take note that for security reasons the access to some areas, may be limited.

Prohibition on taking of photographs The Contractor's attention is drawn to the Defence Act, 1957 (Act No 44 of 1957) and the Correctional Services Act, 1998 (Act No 111 of 1998) which clearly state that the taking of photographs is prohibited and that even the possession of a camera on Site is an offence.


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Security check on personnel

The Employer may require the Contractor to have his personnel or a certain number of them security -classified, if so required by any competent authority.

In the event of the Employer or any competent authority requiring the removal of a person or persons from the site for security reasons, the Contractor shall do so forth with and the Contractor shall thereafter ensure that such person or persons are denied access to the site and/or to any documents or information relating to the work. In such circumstances the Contractor shall indemnify the Employer and the Engineer and shall hold the Employer and the Engineer harmless against any and all claims of whatever nature arising.

Access cards to security areas

Should the work fall within a security area, the Contractor must obtain from the Engineer access cards for his security-cleared personnel and employees who work within such an area. The Contractor must comply with any regulations or instructions issued from time to time, concerning the safety of persons and property, by the Department of Correctional Services or SA Police services.

15. COMMENCEMENT OF WORKS

The contractor will not be allowed to proceed with works on site without being granted with the construction permit, approved construction programme by the Employer/PA and the approved health and safety files. TENDERERS NAME: __________________________________________ TENDERERS ADDRESS: _________________________________________________

PRINT FULL NAMES

______________ _______________

SIGNATURE DATE

(Duly authorised to sign on behalf of the tenderer)

WITNESS 1:

______________ PRINT FULL NAMES

______________ _________________

SIGNATURE DATE

______________ PRINT FULL NAMES

WITNESS 2:

______________ _________________

SIGNATURE DATE

(This document must be signed and witnessed and returned with the bid submission as a returnable documents. Failure to do so may disqualify the submission)


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C1.2.2 _ NOTES TO TENDERERS

Tenderers shall price all the bill items for works scheduled in the bills of quant ities. Tenderers are reminded that some of the works are to be undertaken under restrictive site conditions, over steep terrain, in dense vegetation, protected environments etc. This reminder refers particularly to approximately ...metres of fence line and associated works along the ……. boundary line. (eg. of trades/works - site clearance, trees, excavation in all classes of material , backfill and compaction around fence line, removal, spreading and levelling of surplus excavated materials, within which the new fences and all associated concrete works are to be erected in accordance with the tender specifications etc.) In addition to the normal rates priced for standard measured items in the bills of quantities, tenderers shall provide for all additional plant, labour, equipment, temporary works, temporary access ways and any additional supervision, transport, security, special plant and equipment to navigate restrictive site conditions and all things necessary for completion of the works within this bills of quantities as described in bill items… on page in the bills of quantities. The rates or amounts tendered for these items shall also include for the tenderers management, attendance, profit, costs for removal and reinstatement of the ground conditions, vegetation etc. in the state and condition prior to the works being undertaken. Tenderers are reminded and hereby given the opportunity to allow for and price all costs related to the abnormal working conditions referred to herein as no claims for addit ional costs will be entertained for any omission on the part of tenderers. Tenderers are given the option to include the above mentioned additional costs in their tender amount as a lump sum amount in item….. under section in the bills of quantities. Alternatively Tenderers tendered rates or amounts shall be deemed to include for all such costs. Tenderers will be briefed in further detail at the compulsory site inspection meeting as scheduled the tender notice. Tenderers are advised to ensure that the representatives sent to the site briefing meeting are experienced to understand and interpret matters of this nature. TENDERERS NAME: __________________________________________ TENDERERS ADDRESS: _______________________________________ ______________ PRINT FULL NAMES ______________ _______________ SIGNATURE DATE (Duly authorised to sign on behalf of the tenderer) WITNESS 1: ______________ PRINT FULL NAMES ______________ _______________ SIGNATURE DATE

WITNESS 2:

(This document must be signed and witnessed and returned with the bid submission as a

returnable documents. Failure to do so may disqualify the submission)


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C1.2.3 _ CONTRACT AGREEMENT

Clause

Number

Contract Agreement

41.0 41.0 POST TENDER PROVISIONS

41.1 All information provided in this section requires consultation w ith the parties to the

agreement.

41.2 The completed Contract Data - Employer and Contractor data -

Contractor addenda and such other pertinent documents as listed below shall form

part of this agreement:

a. The JBCC Principal Building Agreement, Edition 6.2;

b. The contractor’s tender document accepted by the employer;

c. The form of offer signed by the contractor;

d. The special conditions of contract; e. The contract data;

f . Full set of construction draw ings; and

g. Other contract documents

h. Contract Data and amendments to the JBCC as set out herein ‘the Contract

Data

i. The priced document

j. Such w ritten amendments or additions to the above documents as may be

agreed betw een the parties.

41.3 The dispute resolution body selected by the parties is:

THE ASSOCIATION OF SOUTH AFRICAN ARBITRATORS

41.4 The employer shall provide a Payment Guarantee

(amount) N/A

41.5 An annual building industry holiday period is applicable

(yes/no) YES

41.6 Further provisions and information agreed by the parties:

42.0 42.0 CONTRACTUAL AGREEM ENT

42.1 This agreement is the entire contract betw een the parties regarding the matters

addressed herein. No representations, terms, conditions or w arranties not contained in

this agreement shall be binding on the parties . No agreement or addendum varying,

adding to, deleting or terminating this agreement including this clause shall be effective

unless reduced to w riting and signed by the parties.

42.2 Contracting Parties

(1) Employer : THE INDEPENDENT DEVELOPM ENT TRUST

Physical Address : EC, Regional Office

Palm Square Business Park,

Bonza Bay Road, Silverw ood House,

Beacon Bay,

East London

Telephone: (043) 711 6084

Email: [email protected]

TAX/Vat Reg No: 4580147876



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Contract Agreement

Clause

Number

(2) Contractor : ………………………………………………………………

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

………………………………………………………………..

Telephone : ………………………………………………………………..

Fax : ………………………………………………………………..

E-mail : …………………………………………………………………

TAX / Vat Registration no : …………………………………………………………………

42.3 The accepted contract sum (inclusive of tax)

(amount)

(In w ords) ________________________________________________________

________________________________________________________

________________________________________________________

42.4 Signature of the contracting parties :

Thus done and signed at ___________________________on __________________

__________________________ _______________________________

Name of signatory For and on behalf of the employer who

by signature hereof w arrants

authorisation hereto

__________________________ _______________________________

Capacity of signatory As Witness (1)

Thus done and signed at ___________________________on __________________

__________________________ _______________________________

Name of signatory For and on behalf of the contractor w ho

by signature hereof w arrants

authorisation hereto

__________________________ _______________________________

Capacity of signatory As Witness (2)


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Clause Number

Contract Agreement

Details of Witness (1) Details of Witness (2)

Name: _____________________________ Name: _____________________________

Address: _____________________________ Address: _____________________________

_____________________________ _____________________________

_____________________________ _____________________________


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Contract Data – Employer to Contractor

Clause

Number


1.0 CONTRACTING AND OTHER PARTIES

1.1 Employer : THE INDEPENDENT DEVELOPM ENT TRUST

Physical Address : EC Regional Office

Palm Square Business Park,

Bonza Bay Road,

Silverw ood House,

Beacon Bay, East London

Telephone : (043) 711 6084

Fax : _____________

E-mail : [email protected]

TAX / Vat Registration no : _________________

1.2 Principal Agent : Ramgoolam Pty Ltd

Postal Address : PO.Box 77717

Eldoglen

0171

Telephone : (012) 658 9200

Fax : (012) 658 0235


1.3 Agent 1 : XXXX Architects

Agent’s service : Architects

Postal Address : _____________

Telephone : _____________

Fax : ______________

E-mail : ___________________

1.4 Agent 2 : Ramgoolam Pty Ltd

Agent’s service : Quantity Surveyor

Postal Address : PO.Box 77717

Eldoglen 0171

Telephone : (012) 658 9200

Fax : (012) 658 0235


1.5 Agent 3 : XXXXXX Engineering

Agent’s service : Structural Engineer

Postal Address : _______________

Telephone : _____________

Fax : ______________

E-mail : ____________________


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Clause Number


1.6 Agent 4 : XXXXX Consulting Engineers

Agent’s service : Civil Engineer

Postal Address : ____________

____________

_______

Telephone : ______________

Fax : ______________

E-mail : _____________________

1.7 Agent 5 : XXXXX Engineers

Agent’s service : Electrical Engineer

Postal Address : ________________

_____________

_______

Telephone : _____________

Fax : _____________

E-mail : _______________________

1.8 Agent 6 : XXXXXX Engineers

Agent’s service : Mechanical Engineer

Postal Address : ______________

____________

_______

Telephone : _____________

Fax : _____________

E-mail : _____________________

1.9 Agent 7 : XXXX Engineers

Agent’s service : Fire and Wet Services Engineer


______________

_______

Telephone : _____________

Fax : _____________

E-mail : _______________________

1.10 Agent 8 : XXXXX Architects

Agent’s service : Landscape Architect


______________

______

Telephone : _____________

Fax : _____________

E-mail : ________________________


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Clause Number


1.11 Agent 9 : XXXXXXXX

Agent’s service : Health and Safety Consultant

Postal Address : ______________

Telephone : _____________

Fax : ______________ E-mail : _____________________

1.12 Interest of principal agent or other agents (yes/no) No

in the project

[6.3] Details where “yes” _Not applicable______________________________________

1.13 The principal agent named in 1.2 above is responsible for the preparation of the

contract data schedule and must be contacted should the contractor be uncertain

of the information provided or to be provided. Failure to complete the contract data

schedule in full may result in the tender being disqualified.

2.0 CONTRACT AND SITE INFORM ATION

2.1 The law applicable to this agreement

(country/state) South Africa

2.2 Works identification

The project consists of high security fence installations

and building works comprising only 1 level of a brick wall

structure with glazed aluminium windows together with

all ancillary external works. The fence line requires

concrete plinths, stormwater channels and electrical

sleeve installations. Sally port structure to be built of

structural steel members and fencing panels including high security sliding gates on gate crawlers to be later

automised into the high security systems. This project

also includes a fair amount of repair work to the existing

facility with specific reference to fencing and building

works.

2.3 Site description

Department of Correctional Services,

St Albans Correctional Facility,

Eastern Cape

2.4 Possession of the site is to be given on

(date) To be agreed

2.5 Period for the commencement of the

[12.2.7] works after the contractor takes

possession of the site (working days) 10 see

clause, its

amended.

2.6 Completion of the works in sections is required

[20] (yes/no) No (No of sections) N/A

2.7 Waiver of the contractor’s lien or right of continuing possession is required

[11.10] (yes/no) yes

2.8 Defined restrictions to the site area. Where “yes” the specific

[16.1] requirements are described below or detailed in the contract

documents (yes/no) yes

_Not applicable_refer to special conditions item 7________________________


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Clause Number


2.9 Geotechnic investigation of the site has been undertaken.

Where “yes” results are included in the contract documents

(yes/no) no

2.10 Existing premises will be occupied. Where “yes” the specific

requirements are described below or detailed in the contract

documents.

(yes/no) yes

2.11 Provision of temporary services is required. Where “yes” the

specific requirements are described below or detailed in the

contract documents (yes/no) no

2.11.1 Water Option A Contractor – his cost

Option B Employer – free of charge

Option C Employer – metered (contractor’s cost)

(A, B or C) A

2.11.2 Electricity Option A Contractor – his cost

Option B Employer – free of charge

Option C Employer – metered (contractor’s cost)

(A, B or C) A

2.11.3 Telecom Option A Contractor – his cost

Option B Employer – free of charge Option C Employer – metered (contractor’s cost)

(A, B or C) A

2.11.4 Ablutions Option A Contractor – his cost Option B Employer – free of charge

(A or B) A

2.12 Protection of existing trees and shrubs is required [16.8] Where “yes” the specific requirements are described below or detailed in the

contract documents

(yes/no) n/a

_Not applicable______________________

3.0 INSURANCES AND SECURITIES

3.1 Contract works insurance (CWI) (including materials, goods and temporary works) to

be effected by

[10.1.1, 12.5] (Employer/Contractor) Contractor

For the sum of (amount) Contract sum + 25%

With a deductible of (amount) R50 000

3.2 Supplementary / Special insurance (including CWI extensions) to be effected by

[10.1.2;12.2.5] (Employer/Contractor) Contractor

For the sum of (amount) Contract sum + 25%

With a deductible of (amount) 0.1% of value


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Clause Number


3.3 Public liability insurance (each and every claim or unlimited for the period) to be

effected by

[10.1.3, 12.5] (Employer/Contractor) Contractor

For the sum of (amount) R50 000 000

With a deductible of (amount) R25 000

3.4 Support insurance to be effected by

[10.1.4] (Employer/Contractor) N/A

For the sum of (amount) N/A

With a deductible of (amount) N/A

3.5 Special insurance to be effected by

[10.1.5] (Employer/Contractor) N/A

Type N/A

For the sum of (amount) N/A

With a deductible of (amount) N/A

3.6 Allowance for professional fees and escalation of insured value at 25% pa, effected by

(Employer/Contractor)

For the sum of (amount)

With a deductible of (amount)

4.0 PRACTICAL COM PLETION DATES AND PENALTIES

4.1 For the works as a whole: Date

[19.0] The date for practical completion

[24] and the penalty per calendar day

10 calendar months

after contract commencement date

3.75cents per R100 of

the contract value

4.2 For the works in sections: Date

[24.2] The date for practical completion

{24.0}] and the penalty per calendar day

Per Section 10 calendar months after contract

commencement date

3.75cents per R100 of

the contract value

Contractor

TBC

TBC


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Clause

Number


5.0 DOCUM ENTS AND GENERAL

5.1 Construction document copies to be supplied to the contractor free of charge

[5.6] (No of drawings) 5.1.1 List of drawings issued to the contractor free of charge

Contract Drawing Description Date Drawing

Number

Revision No.

Issued

If space is insufficient, please annexure:-

5.2 The priced document may be used as a specification of materials and goods

[5.4] and work methods (yes/no) No

5.3 The contractor shall provide a schedule of rates

(yes/no) No

5.4 Changes made to JBCC standard documents

(yes/no) Yes Annexure No included in the amendments

The provisions of the JBCC 2000 Principal Building Agreement and Preliminaries have been

changed. Details of all changes are incorporated in these bills of quantities

5.5 On acceptance of the tender the priced document is to be submitted

{12.2.2} within the stated working days (No of) 7 days

5.6 Work to be undertaken by direct contractors

[16.0] (yes/no) no Annexure No N/A

Contractors are referred to Section C – Additional Preliminaries - together with the

Provisional Sums Section in the bills of quantities regarding contracts which may, at the

discretion of the employer, be executed as part of the Principal Building Contract or

executed as direct contracts

5.7 On achievement of practical completion the contractor is to hand over

[12.2.19] manuals etc related to the works as listed in the Contract Data

(1)_________________________ (2)_________________________

5.8 Interim payment certificate to be issued by

[25.2] (Date of month) 30th

6.0 CHANGES M ADE TO THE STANDARD JBCC DOCUM ENT

THE PROVISIONS OF THE JBCC 2000 PRINCIPAL BUILDING AGREEMENT,

EDITION 6.2 AND PRELIMINARIES HAVE BEEN CHANGED. DETAILS OF ALL

CHANGES ARE INCORPORATED IN THESE BILLS OF QUANTITIES.

7.0 DECLARATION BY THE PRINCIPAL AGENT


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I, the principal agent named in 1.2 above, declare that the information provided

above is complete and accurate at the time of calling for tenders. Where necessary, should any of the above information need to be varied, tenders will be

forthwith informed thereof in writing.

_________________________________ _________________________

Principal Agent Date


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Contract Data – Contractor to Employer

Clause

Number


1.0 CONTRACTING PARTY

1.0 Contractor :……………………………………………………………......

Physical Address :…………………………………………………………………

Telephone : ………………………………………………………………

Fax :

E-mail : ………………………………………………………………

TAX / Vat Registration no : ………………………………………………………………

2.0 SECURITIES

2.1 The security provisions selected are:

2.1.1 Variable Construction Guarantee

[11.1.1] (yes/no)

2.1.2 Fixed Construction Guarantee and Payment Reduction

[11.1.2] (yes/no)

2.1.3 Advance Payment is required. Where “Yes”

[11.2.2] (where yes - amount)

2.1.4 An Advance Payment Guarantee to be provided

(yes/no)

3.0 PAYMENT AND ADJUSTMENT OF PRELIMINARIES

3.2.4 The contract value shall be adjusted according CPAP

[25.3.4] (yes/no) yes

3.2.5 Payment of preliminaries

[26.9.4] (A or B)

3.2.6 Adjustment of preliminaries

[26.9.4] (A or B)

4.0 EMPLOYER CHANGES TO JBCC STANDARD DOCUMENTS

4.1 Changes (if any) in terms of the Employer’s Contract Data are accepted

(addendum/special conditions of contract)

(yes/no) Yes

5.0 THE TENDER

5.1 This tender is to be submitted to the principal agent (employer) at the street address

provided in the invitation to tender before the tender closing date and time stated therein.

5.2 By the submission of this tender to the employer the tenderer offers and agrees to contract

for, execute and complete the w orks for the tender sum as stated below .

5.3 Tenderers w ill be opened in public directly after the stated closing time. Only the total tender

sum as stated in each tender w ill be announced. .


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Clause

Number


5.4 The low est or any tender w ill not necessarily be accepted by the employer.- nor needs

reason be given for such a decision.

5.5 This tender shall remain in full legal force for ninety (90) calendar days . The tenderer

accepts liability for damages as may be suffered by the employer should the tender validity

period not be honoured.

5.6 This tender takes into account all listed items [4.0] for the purpose of preparing and

submitting this tender.

5.7 The successful tenderer w ill be appointed in terms of the JBCC Principal Building Agreement edition 6.2, w ith the special conditions of contract and contract data.


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C1.3 CONSTRUCTION GUARANTEE


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COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS

AT ST ALBANS CORRECTIONAL FACILITY, EC

C1.3 Construction Guarantee

GUARANTOR DETAILS AND DEFINITIONS

Guarantor means

Physical address

Guarantor’s signatory 1 Capacity

Guarantor’s signatory 2 Capacity

Employer means THE INDEPENDENT DEVELOPMENT TRUST

Contractor means

Agent means Principal Agent

Works means BID NO: DCS05ECAN002/WP0/C2

COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING

WORKS AT ST ALBANS CORRECTIONAL FACILITY, EC

Site means Department of Correctional Services, St Albans Correctional Facility, Eastern

Cape

Agreement means The JBCC Series 2000 Principal Agreement Edition 6.2 with contract

data, standard and special conditions of contract

Contract Sum i.e. the total of prices in the Form of Offer and Acceptance inclusive of VAT

Amount in figures R

Amount in words

(Rand)

Guaranteed Sum means the maximum aggregate amount of

Amount in figures R

Amount in words

(Rand)


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1 The Guarantor’s liability shall be limited to the amount of the Guaranteed Sum as follows:

GUARANTOR’S LIABILITY

PERIOD OF LIABILITY

Maximum Guaranteed Sum (not exceeding 10 % of the contract sum) in

the amount of:

(Rands) (R )

From and including the date of issue of

this Construction Guarantee and up to

and including the date of the only f inal

completion certif icate or the last f inal

completion certif icate w here there are

sections, upon w hich this Construction

Guarantee shall expire.

2 The Guarantor hereby acknowledges that: 2.1 Any reference in this Guarantee to the Agreement is made for the purpose of convenience and

shall not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create a surety ship.

2.2 Its obligation under this Guarantee is restricted to the payment of money. 3 Subject to the Guarantor’s maximum liability referred to in amended clause 11.1.1, the

Guarantor hereby undertakes to pay the Employer the sum certified upon receipt of the documents identified in sub-clauses 3.1 to 3.3:

3.1 A copy of a first written demand issued by the Employer to the Contractor stating that

payment of a sum certified by the Principal Agent in an interim or final payment certificate has not been made in terms of the Agreement and failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment in terms of sub-clause 3.2

3.2 A first written demand issued by the Employer to the Guarantor at the Guarantor’s physical address with a copy to the Contractor stating that a period of seven (7) calendar days has elapsed since the first written demand in terms of sub-clause 4.1 (3.1) and that the sum certified has still not been paid therefore the Employer calls up this Guarantee and demands payment of the sum certified from the Guarantor.

3.3 A copy of the said payment certificate, which entitles the Employer to receive payment in terms of the Agreement of the sum certified in clause 3.

4 Subject to the Guarantor’s maximum liability referred to in clause 1, the Guarantor undertakes

to pay the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first written demand from the Employer to the Guarantor at the Guarantor's physical address calling up this Guarantee stating that:

4.1 The Agreement has been cancelled due to the Contractor's default and that the

Guarantee is called up in terms of clause 4. The demand shall enclose a copy of the notice of cancellation; or

4.2 A provisional sequestration or liquidation court order has been granted against the Contractor and that the Guarantee is called up in terms of clause 4. The demand shall enclose a copy of the court order.

5 It is recorded that the aggregate amount of payments required to be made by the Guarantor in

terms of clauses 3 and 4 shall not exceed the Guarantor's maximum liability in terms of clause 1.

6 Where the Guarantor is a registered insurer and has made payment in terms of clause 4, the

Employer shall upon the date of issue of the final payment certificate submit an expense account to the Guarantor showing how all monies received in terms of the Guarantee have been expended and shall refund to the Guarantor any resulting surplus. All monies refunded to the Guarantor in terms of this Guarantee shall bear interest at the prime overdraft rate of the


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Employer’s bank compounded monthly and calculated from the date payment was made by the Guarantor to the Employer until the date of refund.

7 Payment by the Guarantor in terms of clause 3 or 4 shall be made within seven (7) calendar

days upon receipt of the first written demand to the Guarantor. 8 The Employer shall have the absolute right to arrange his affairs with the Contractor in any

manner which the Employer deems fit and the Guarantor shall not have the right to claim his release from this Guarantee on account of any conduct alleged to be prejudicial to the Guarantor

9 The Guarantor chooses the physical address as stated above for all purposes in connection

herewith. 10 This Guarantee is neither negotiable nor transferable and shall expire in terms of clause 1, or

payment in full of the Guaranteed Sum or on the Guarantee expiry date, whichever is the earlier, where after no claims will be considered by the Guarantor. The original of this Guarantee shall be returned to the Guarantor after it has expired

11 This Guarantee, with the required demand notices in terms of clauses 3 or 4, shall be regarded

as a liquid document for the purpose of obtaining a court order. 12 Where this Guarantee is issued in the Republic of South Africa the Guarantor hereby consents

in terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.

Signed at Date Guarantor’s Guarantor’s Signatory 1 Signatory 2 Identity number Identity number Witness 1 Witness 2 Guarantor’s seal or stamp


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C1.4 ADJUDICATOR’S AGREEMENT


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INDEPENDENT DEVELOPMENT TRUST COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS


C1.4 Adjudicator’s Agreement

This agreement is made on the day of between: (name of company / organisation)

of (address) and (name of company / organisation)

of (address) and (the Parties) and (name of Adjudicator)

of (address) and (the Adjudicator) Disputes or differences may arise/have arisen* between the Parties under a Contract dated and known as and these disputes or differences shall be/have been* referred to adjudicat ion in accordance with the JBCC Edition 6.2 Adjudication Rules, (hereinafter called "the Procedure") and the Adjudicator may be or has been requested to act. * Delete as necessary

IT IS NOW AGREED as follows: 1 The rights and obligations of the Adjudicator and the Parties shall be as set out in the JBCC

Edition 6.2 Adjudication Rules. 2 The Adjudicator hereby accepts the appointment and agrees to conduct the adjudication in

accordance with the JBCC Edition 6.2 Adjudication Rules. 3 The Parties bind themselves jointly and severally to pay the Adjudicator's fees and expenses

as set out in the Contract Data. 4 The Parties and the Adjudicator shall at all times maintain the confidentiality of the

adjudication and shall endeavour to ensure that anyone acting on their behalf or through them will do likewise, save with the consent of the other Parties which consent shall not be unreasonably refused.

5 The Adjudicator shall inform the Parties if he intends to destroy the documents which have been sent to him in relation to the adjudication and he shall retain documents for a further period at the request of either Party.


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SIGNED by: SIGNED by: SIGNED by:

Name: Name: Name:

ID: ID: ID:

who warrants that he / she is

duly authorised to sign for and

on behalf of the first Party in

the presence of

who warrants that he / she is

duly authorised to sign for

and behalf of the second

Party in the presence of

the Adjudicator in the

presence of

Witness Witness: Witness:

Name: Name Name:

Address: Address: Address:

Date: Date: Date:

Contract Data

1

The Adjudicator shall be paid at the hourly rate of R. . . . . . . . . . . . in respect of all time spent upon, or in connection with, the adjudication including time spent traveling.

2

The Adjudicator shall be reimbursed in respect of all disbursements properly made including, but not restricted to: (a) Printing, reproduction and purchase of documents, drawings, maps, records and

photographs. (b) Telegrams, telex, faxes, and telephone calls. (c) Postage and similar delivery charges. (d) Travelling, hotel expenses and other similar disbursements. (e) Room charges. (f) Charges for legal or technical advice obtained in accordance with the Procedure.

3

The Adjudicator shall be paid an appointment fee of R . . . . . . . . . . . . . This fee shall become payable in equal amounts by each Party within 14 days of the appointment of the Adjudicator, subject to an Invoice being provided. This fee will be deducted from the final statement of any sums which shall become payable under item 1 and/or item 2 of the Contract Data. If the final statement is less than the appointment fee the balance shall be refunded to the Parties.

4

The Adjudicator is/is not* currently registered for VAT.

5

Where the Adjudicator is registered for VAT it shall be charged additionally in accordance with the rates current at the date of invoice.

6

All payments, other than the appointment fee (item 3) shall become due 7 days after receipt of invoice, thereafter interest shall be payable at 5% per annum above the Reserve Bank base rate for every day the amount remains outstanding.

* Delete as necessary


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PART C2 PRICING DATA

C2.2 BILLS OF QUANTITIES


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C2.1 PRICING INSTRUCTIONS


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INDEPENDENT DEVELOPMENT TRUST COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS

AT ST ALBANS CORRECTIONAL FACILITY, EC C2.1 Pricing Instructions 1 The Bills of Quantities have been drawn up in accordance with the Standard System of

Measuring Building Work (as amended) published and issued by the Association of South African Quantity Surveyors (Sixth Edition (Revised)), 1999. Where applicable the:

a) Civil engineering work has been drawn up in accordance with the provisions of the latest

edition of SABS 1200 Standardized Specifications for Civil Engineering Works. b) Mechanical work has been drawn up in accordance with the provisions of the Model Bills of

Quantities for Refrigeration, Air-Conditioning and Ventilation Installations c) Electrical work has been drawn up in accordance with the provisions of the Model Bills of

Quantities for Electrical Work 2 The Agreement is based on the JBCC Principal Building Agreement, prepared by the

Joint Building Contracts Committee, Edition 6.2, May 2018. The additions, deletions and alterations to the JBCC Principal Building Agreement as well as the contract specific variables are as stated in the Contract Data. Only the headings and clause numbers for which allowance must be made in the Bills of Quantities are recited.

3 Preliminaries are based on the various parts of the JBCC General Preliminaries (May 2018)

edition 6.2 for use with the said JBCC Principal Building Agreement. The additions, deletions and alterations to the various parts of the Preliminaries as well as the contract specific variables are as stated in the Contract Data. Only the headings and clause numbers for which allowance must be made in the Bills of Quantities are recited.

4 It will be assumed that prices included in the Bills of Quantities are based on Acts, Ordinances,

Regulations, By-laws, International Standards and National Standards that were published 28 days before the closing date for tenders. (Refer to www.stanza.org.za or www.iso.org for information on standards).

5 The prices and rates in these Bills of Quantities are fully inclusive prices for the work described

under the items. Such prices and rates cover all costs and expenses that may be required in and for the execution of the work described in accordance with the provisions of the Scope of Work, and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the Contract Data, as well as overhead charges and profit. These prices will be used as a basis for assessment of payment for additional work that may have to be carried out.

6 The drawings listed in the Scope of Works used for the setting up of these Bills of Quantities are

as provided in the accompanying annexures. 7 REFERENCE TO ANY PARTICULAR PRODUCT Reference to any particular trademark, name, patent, design, type, specific origin or producer is

purely to establish a standard for requirements. Products or articles of an equivalent standard may be substituted.

8 FIXED PRICE The rates contained in the Bills of Quantities will apply irrespective of the final quantities of the

different classes and kinds of work actually executed. Rates for work of similar description occurring in different sections of the Bills of Quantities shall

be identical. Bidders are to take note that the contract price adjustments are applicable to this contract , with

the base date being the tender closing date.

http://www.stanza.org.za/

http://www.iso.org/


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10 An item against which no price is entered will be considered to be covered by the other prices or rates in the Bills of Quantities. A single lump sum will apply should a number of items be grouped together for pricing purposes.

11 Where any item is not relevant to this specific contract, such item is marked N/A (signifying “not

applicable”) 12 The Contract Data and the standard form of contract referenced therein must be studied for the

full extent and meaning of each and every clause set out in Section 1 (Preliminary and General) of the Bills of Quantities

13 The Bills of Quantities is not intended for the ordering of materials. Any ordering of materials,

based on the Bills of Quantities, is at the Contractor’s risk. 14 The amount of the Preliminary Section to be included in each monthly payment certificate shall

be assessed as an amount prorated to the value of the work duly executed in the same ratio as the preliminaries bears to the total of prices excluding any contingency sum, the amount for the Preliminary Section and any amount in respect of contract price adjustment provided for in the contract. This is to be read in conjunction with item 9 under the “ADDITIONS TO THE MAIN AGREEMENT AND THE CONTRACT DATA” within this tender document.

Provisional sums are provided for some items in the Schedule of Quantities. Work done under

these items will be at the written direction of the Employer. The Employer reserves the right, during the execution of the works, to adjust the stated amounts upwards or downwards according to the work actually done under the item, or the item may be omitted altogether, without affecting the validity of the Contract.

The Tenderer shall not under any circumstances whatsoever delete or amend any of the sums

inserted in the “Amount” column of the Bill of Quantities and in the Summary of the Bill of Quantities unless ordered or authorized in writing by the Employer before closure of tenders. Any authorized changes made by the Tenderer to provisional items in the schedule, or to the provisional percentages and sums in the Summary of the Bill of Quantities, will be treated as arithmetical errors.

15 Where the initial contract period is extended, the monthly charge shall be calculated on the

basis as set out in 14 but taking into account the revised period for completing the works. 16 The amount or items of the Preliminary Section shall be adjusted to take account of the

theoretical financial effect which changes in time or value (or both) have on this section. Such adjustments shall be based on adjustments in the following categories as recorded in the Bills of Quantities:

a) an amount which is not to be varied, namely Fixed (F) b) an amount which is to be varied in proportion to the contract value, namely Value Related

(V); and c) an amount which is to be varied in proportion to the contract period as compared to the initial

construction period excluding revisions to the construction period for which no adjustment to the contractor is not entitled to in terms of the contract, namely Time Related (T).

17 Where no provision is made in the Bills of Quantities to indicate which of the three categories in

12 apply or where no selection is made, the adjustments shall be based on the following breakdown:

a) 10 percent is Fixed; b) 75 percent if Value Related c) 15 percent is Time Related.

18 The adjustment of the Preliminary Section shall apply notwithstanding the actual employment of

resources in the execution of the works. The contract value used for the adjustment of the Preliminary Section shall exclude any contingency sum, the amount for the Preliminary Section


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and any amount in respect of contract price adjustment provided for in the contract. Adjustments in respect of any staged or sectional completion shall be prorated to the value of each section.

19 The tenderer is to acquaint himself as to the specific requirements of this tender as contained in

the additional clauses to the JBCC Principal Agreement as incorporated in the Contract Data. These clauses may be priced under the relevant Preliminaries items in SECTION C: SPECIFIC PRELIMINARIES of the Preliminaries Bill. No claim will be entertained due to the failure of the tenderer to allow for these requirements.


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C2.2 BILLS OF QUANTITIES


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Part C3 SCOPE OF WORKS


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COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS


C3 SCOPE OF WORK

1 DESCRIPTION OF THE WORKS 1.1 Employer’s objectives

The employer’s objective is to provide for the: COMPLETION OF THE CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST ALBANS CORRECTIONAL FACILITY, EC

1.2 Overview of the works

The project comprises the construction of fencing and building works at St Albans, EC. The scope of work relates to the completion of outstanding works from the previous contractor. As part of the completion works the contractor will be expected to rectify all snags on all works identified by the professional team. The following is a high level summary of work to be conducted by the contractor; Construction and completion of the following; • Sally Port Guard houses • External works • Roadworks • Paving • Alterations to existing building • Sally Ports • Structural steelwork • Concrete plinth installations on the fence line • Compliance snags on fence panels • Gate crawler replacements • Boom and spike barrier installations • Gate motor installations • Electrical sleeve installations • Covered walkways Each Sally port has a guard house with security access controls to a main control room. The guard house buildings comprise of brick walls with glazed security windows and a timber roof structure on IBR sheeting. Sally ports are security points of entry to various areas of the St Albans Correctional facility. The Sally ports comprise of a structural steel framework with mesh panel inserts and large sliding gates on gate crawlers operated from the main control room. The roofs to the Sally ports are made of IBR sheeting over the structural steel framework. Fence installations extend around the various centres within the facility. The fencing comprise of steel mesh straight fence panels of various sizes. Concrete plinths to be cast on the perimeter of the fence line to conclude the installation including various snags for rectification. 1.3 Extent of the works

The works include the COMPLETION OF CONSTRUCTION OF FENCING AND BUILDING WORKS AT ST ALBANS CORRECTIONAL FACILITY, EC as well as related services as will


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be indicated on the drawings and in accordance with the specifications provided to the contractor.

1.4 Location of the works

The designated site is located at the Department of Correctional Services, St Albans Correctional Facility, St Albans Road, Uitenhage Farms, Port Elizabeth. GPS Coordinates: 33.9055° S, 25.3476° E)

1.5 Temporary works There are no temporary works involved on this project

2 DRAWINGS The drawings used for setting up the Bills of Quantities as provided in the accompanying annexures.

3. COMPLIANCES WITH STANDARDS AND REGULATIONS

The implementation of works should be executed in compliance with:

National building Regulations and Building Standard Act

Relevant SANS Standards

PW 371-B Construction Works: Specifications (Edition 2.2 December 2015) from DPWI

COVID-19 Occupational Health and Safety Measures in Workplaces COVID-19 (C19

OHS), 2020 from Department of Labour (DoL)

Once the works on site have been completed and commissioned, the contractor shall provide: Certificate of Compliance for all services and works implemented.

Certificate of Occupancy from the Building Control Department of the relevant

Municipality.

And other statutory compliances certification.


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3 PROCUREMENT 3.1 Preferential procurement procedures

The works shall be executed in accordance with the conditions attached to preferences granted in accordance with the preferencing schedule.

3.1.1 Requirements for the sourcing and engagement of labour.

3.1.1.2 The rate of pay for all employment aspects i.e., skilled, semi-skilled and unskilled is to comply with the applicable government gazetted standards.

3.1.1.6 The Contractor shall endeavor to ensure that the expenditure on the employment of temporary workers is in the following proportions:

a) 50 % women;

b) 25% youth who are between the ages of 18 and 25; and

c) 2% on persons with disabilities.

3.1.2 Specific provisions pertaining to SANS 1914-5

3.1.2.1 Definitions

3.1.2.1.1

Targeted labour: Unemployed persons who are employed as local labour on the project.

4. MANAGEMENT 4.1 Recording of weather

The Contractor shall erect an effective rainfall gauge on the site and record the daily rainfall figures in a book. Such book shall be handed to the employer’s representative for his signature no later than 12 days after rain that is considered to justify an extension of time occurred.

4.2 Unauthorised persons The Contractor shall keep unauthorized persons from the works at all times. Under no circumstances may any person except guards be allowed to sleep on the building site.


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4.3 Management meetings The Employer’s Representative and the Contractor shall hold meetings relating to the progress of the works at regular intervals and at other such times as may be necessary. The Contractor shall attend all site meetings and shall ensure that all persons under his jurisdiction are notified timeously of all site meetings should the Employer’s Representative require their attendance at such meetings. The Contractor shall keep on site a set of minutes of all site meetings, daily records of resources (people and equipment employed), a site instruction book, a complete set of contract working drawings and a copy of the procurement document and make these available at all reasonable times to all persons concerned with the contract.

4.4 Forms for contract administration The Contractor shall be required to submit an updated contractor monthly report as per IDT template during site meetings, which will be used by the consultant to update the Employer.

4.5 Payment certificates

The Contractor to ensure that the VAT invoice required with each certificate is delivered timeously. The Contractor to ensure timeous submission of all required documentation for the expedient processing of payment certificates, as required by the Employer, e.g. BAS entity forms, company registration details, VAT clearance certificates, contractor’s monthly reports, etc. The Contractor is responsible for such documentation submission. Contractor’s monthly reports to be attached to every payment certificate and no certificate shall be paid without a report for that month.

4.6 ANNEXURE

4.6.1 Health and Safety Specification (ANNEXURE A) 4.6.2 Environmental Plan (Annexure B) 4.6.3 Contractor monthly report format (see 4.4 above) (ANNEXURE C) 4.6.4 Drawings (ANNEXURE D) 4.6.5 Technical Specifications (ANNEXURE E)


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Part C4 SITE INFORMATION


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C4 Site Information

The designated site is located at the Department of Correctional Services, St Albans Correctional Facility, St Albans Road, Uitenhage Farms, Port Elizabeth. GPS Coordinates: 33.9055° S, 25.3476° E)


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ANNEXURE


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ADDENDUM A

ANNEXURE A

Occupational Health and Safety Regulations


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Health & Safety Specifications

for the

St Albans Correctional Facility (By H&S consultant)

COPYRIGHT All rights reserved. No part or section of this document may be changed, used, reproduced or distributed in any form or by any means, electronic, mechanical, photocopying or recording or otherwise, or stored in a data base or retrieval system, without the prior written permission of IDT


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1. Document Purpose and Intent

The specifications contained in this document relate to the health and safety requirements

pertaining to the associated works of the aforementioned client, so as to ensure the health and

safety of persons on the following contract:

Project Name

Compliance to the Occupational Health and Safety Act (Act 85 of 1993) and the Regulations

shall not be limited to this Specification and definitions contained in this document.

A comprehensive, documented Health and Safety Plan (H & S Plan) is to be drawn up

by the Principal Contractor, based on the results of Health and Safety Risk

Assessments and specification conducted by the client or his representative. The client

shall after compiling baseline risk assessments and specification present these

documents to the designer to be in cooperated into the design phase of the project.

Agent must approve site specific specifications, baseline risk assessment and safety

plan of Principal contractor prior to commencement of work. The contractor is expected

to comply with the COVID-19 Occupational Health and Safety Measures in Workplaces

COVID-19 (C19 OHS), 2020 from Department of Labour (DoL).

Monitoring of compliance on site shall be to the requirements of the OHS Act and Regulations

as well as the contents of the H&S Plan(s) of the Principal Contractor and Contractors.

2. Specification Control Sheet

Project Name: XXXXXX

Declaration

This original document has been prepared, reviewed and received by the undersigned:

ORIGINAL CLIENT

Prepared by: Reviewed by: Commented on by:

Name: Name: Name:

Signature:

Signature:

Signature:

Date: Date: Date:

Capacity: Agent Capacity: Agent Capacity: Client


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ANNEXURE B

ANNEXURE B

Environmental Management Plan


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TO BE PROVIDED BY THE SUCCESSFUL TENDERER

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ANNEXURE C

ANNEXURE C

Contractor’s Monthly Report Format

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CONTRACTOR’S MONTHLY REPORT

Part 1

Bid number: Project name: Project description: Contract number: Name of Contractor: Payment certificate number: For month ending: Date of report:

The Contractor’s monthly report comprises an integral part of the Contractor’s

payment certificate and must be submitted together with the payment claim. The payment certificate will not be processed without this signed report, i.e. “NO REPORT – NO PAYMENT”.

Attachments: Part 2: Overall Project Worker Schedule: Schedule of all local labourers employed since the

start of the project

Part 3: Weekly Task Wage Register

Part 4: Local Labour Schedule

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Part 2 OVERALL PROJECT WORKER SCHEDULE (local labourers only)

Sheet: ...

Names of all Local Workers employed at any time on the project are to be entered in the table below irrespective of how long they worked on the project.

No

Name of local w orker

Identity number

Month

w orker

started

Age of

w orker

Age (tick applicable column)

Woman Man

Over 25

years

2A

25 years

& under

2B

Over 25

years

2C

25 years

&

under

2D

Disability

Totals for this sheet

Totals brought forward from previous sheet

Totals carried forward to next sheet

Total number of workers employed =

Completed by: ................................................... ........................................................... signed initials and surname

............................................... ........ ........ .... ........................................... ........ ........ ........ ........ ...

capacity date

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Part 3

WEEKLY TASK WAGE REGISTER (local labourers only) Sheet: ..

Entries in this portion to be completed by Foreman Entries in this portion to be Completed by Contractor

No.

(i) N

ame

of l

ocal

wor

ker

Day Tasks Worked Payment

Mon Tue Wed Thu Fri Sat Sun

Total DAY TASKS

worked this week

Rate per DAY TASK

Total payment

due to worker

Workers signature on receipt of

payment

Date payment received by

worker

Totals for this sheet

Totals brought forward from previous sheet

Totals carried forward to next sheet

3(A) 3(B) Completed by: ....................................... ..................................... ..................................... ...................................... signed initials and surname capacity

date

of 169

1 2 02-Carpentry/Joinery 3 03-Carpert Fitter 4 5 6

7 07-Plumber 8 08-Pluster 9 10 11 12

13 13-Porter 14 14 HBC-Care Giver 15 16 17 18

19 19 Health & Safety Rep 20 20 Driver 21 23 24

25 26 27 29 30

31 32 33 35

CONTRACTOR REPRESENTATIVE

Signature Date

Please print Name and Surname

IDT REPRESENTATIVE

Signature Date

Please print Name and Surname

No. Newskill

CodeRSA ID OTHER

No. of Days

Worked

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

TickPAGE 1 Please print Name and Surname Please insert 13 digit ID Please Tick Please print

ID Number Signature

C :

Acc

ou

nta

bili

ty

Name

Name

D :

Ben

efic

iary

Info

rmat

ion

Name Surname

34 34 Safe Park Coordinator

25 Youth Worker 26 HIV/AIDS Counsellor 27Auxilliary Worker 28

21 First Aider 22 22 Painter 23 Glazier

30 Child Minder

24 ECD Practitioner

B:

Ski

lls T

ype

01-Brick Layer 04-Electrician 05-General Worker 06-Metal Worker

28 HIV/AIDS Mentor 29 Testor Coordinator

15 Machine Operator 16 Herbicide Applicator 18 Supervisor

Please indicate

the beneficiary

skill by capturing

the code on

Beneficiary

Information

09-Tiler 10-Waste Administrator 11-Refuse Collector 12 Plant Operator

A :

Pro

ject

Info

rmat

ion

IDT Beneficiary Reconciliation Form (BRF)

YearContractor/SP Stamp/Logo

Programme Name Project Name

Programme Number Project Number

Month Site name (if applicable)

35 Community Facilitator

17 WfW/OVP Contractor

31 Training Facilitator 32 Peer Educator 33 Recr Practitioner

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Part 4

LOCAL LABOUR SCHEDULE

1. Summary of day tasks worked and amount spent on local labour this month

Week No.

Week Ending

Total Day Tasks / Person Days Worked

Total of 3(A) from Part 3 for each week

Total Amount Paid

Total of 3(B) from Part 3 for each week

1

2

3

4

5

Total this month

2. Summary of amount spent on local labour to date

1. Previous amount spent on local labour (from previous claim) R

2. Amount spent on local labour this month (from total above) R

3. Total amount spent on local labour to date (3.)=(1.+2.) R

3. Local labour schedule

Summary of Local Labour Employed

Refer to Part 2

Number of local workers who

worked on the project to date

% of Total

1. Total number of individual local workers who have worked on the project 100%

2. Number of local youth (25 yrs and under) (columns B plus D)

3. Number of local women (columns A plus B)

Completed by:

................................................... ............................................................ signed initials and surname

........................................... ........ ........ ........

........................................... ........ ........ ........ ........ ...

capacity date

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PRO FORMA NOTIFICATION FORM IN TERMS OF THE OCCUPATIONAL HEALTH AND

SAFETY ACT 1993, CONSTRUCTION REGULATIONS 2014

[In terms of Regulation 4 of the Construction Regulations 2014, the successful Tenderer must complete and forward this form prior to commencement of work to the office of the Department of Labour.]

1. (a) Name and postal address of Contractor: .......................................................................

(b) Name of Contractor’s contact person: ...........................................................................

Telephone number: ....................................................................................................

2. Contractor’s compensation registration number: ...................................................................

3. (a) Name and postal address of client: ..............................................................................

(b) Name of client’s contact person or agent: ......................................................................

Telephone number .....................................................................................................

4. (a) Name and postal address of designer(s) for the project: ..................................................

................................................................................................................................

(b) Name of designer's contact person: .............................................................................

Telephone number .....................................................................................................

5. Name of Contractor’s construction supervisor on site appointed in terms of

Regulation 6(1): ........................................ Telephone number: .........................................

6. Name/s of Contractor’s sub-ordinate supervisors on site appointed in terms of regulation 8(8).

......................................................................................................................................

7. Exact physical address of the construction site or site office: ...................................................

......................................................................................................................................

8. Nature of the construction work: .........................................................................................

......................................................................................................................................

9. Expected commencement date: .........................................................................................

10. Expected completion date: ................................................................................................

11. Estimated maximum number of persons on the construction site: Male:……… Female:…………….

12. Planned number of subcontractors on the construction site accountable to Contractor: ...............

13. Name(s) of subcontractors already chosen: .........................................................................

......................................................................................................................................

SIGNED BY:

CONTRACTOR:..............................………………..................DATE:...............................................

IDENTITY NUMBER:…………………………………………….

CLIENT:.............................................................……………… DATE:....................................................

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Annexure D

Drawings

of 169