komatiland forests pty ltd - etenders.gov.za 410-2017... · komatiland forests pty ltd 2000 ......

Komatiland Forests Pty Ltd 2000/023152/07

10 Streak Street Nelspruit

Private Bag X11201, Nelspruit, 1200 Tel: +27 13 754 2700 Fax: +27 13 753 3584

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REQUEST FOR BID RFB 410-2017

YOU ARE HEREBY INVITED TO SUBMIT BIDS FOR THE REQUIREMENTS OF KOMATILAND (PTY) LTD

BID NUMBER: RFB 410-2017

CLOSING DATE: 03 March 2017

CLOSING TIME: 12:00 noon

BID VALIDITY PERIOD: 120 DAYS (commencing from the RFB Closing Date)

IMPORTANT: All Bid documents must be accompanied by an original tax clearance certificate, an original or originally certified valid B-BBEE certificate, and proof of registration with Central Supplier Database.

DESCRIPTION: REMOVAL AND DISPOSAL OF ASBESTOS ROOFS

DEPOSITED IN THE BIDBOX SITUATED AT AND ADDRESSED:

SAFCOL Head Office Podium at Menlyn 43 Ingersol Road Lynnwood Glen Pretoria 0081

(Bid box situated on the first floor reception)

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Applicants’ Details

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Applicants should ensure that Bids are delivered on time to the correct address. If the Bid is late, it shall not

be accepted for consideration.

ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS – (NOT TO BE RE-TYPED)

THIS BID IS SUBJECT TO THE CONDITIONS OF THE BID (THIS DOCUMENT) AND THE NEW CONTRACT TO BE

CONCLUDED.

THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED)

Indicate the type of Tendering structure by marking with an ‘X’:

Individual applicant Joint venture

Consortium Subcontractors

Other

If individual applicant, indicate the following:

Name of applicant

If Joint Venture or Consortium, indicate the following:

Name of prime contractor

If Joint Venture or Consortium, indicate the following:

Name of partners

If using other contractors:

Name of other contractors

Name

Registration number

VAT registration number

Contact person

Telephone number

Fax number

E-mail address

Postal address

Physical address (domicilium citandi et executandi)

RFB 410-2017

Table of Contents

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Table of Contents

1 Confidential Information Disclosure Notice ......................................................................... 4

2 Introduction ....................................................................................................................... 4

3 Definitions ......................................................................................................................... 6

4 Acronyms and Abbreviations .............................................................................................. 7

5 General Rules and Instructions ........................................................................................... 9

6 Response Format ............................................................................................................. 12

7 Oral Presentations and Briefing Sessions .......................................................................... 13

8 BidPreparation ................................................................................................................. 13

9 List of All Personnel .......................................................................................................... 13

10 Reasons for Disqualification ............................................................................................. 13

11 General Conditions of Tender ........................................................................................... 15

12 Evaluation criteria and methodology ................................................................................ 18

Schedule 1: BidPack Submission Checklist ..................................................................................... 21

Schedule 3: Tax Clearance Requirements ...................................................................................... 22

Schedule 4: B-BBEE Rating Requirements ...................................................................................... 23

Schedule 5: Executive Summary ................................................................................................... 24

Schedule 6: Scope of Work & Technical Specification .................................................................... 25

Evaluation Schedules for Completion ............................................................................................ 26

Evaluation Schedule I: Bidder Profile ...................................................................................... 26

Evaluation Schedule II: Proposed Organisation and Staffing .................................................... 27

Qualifications of Owner or Designated Member or Key Personnel ........................................... 28

Evaluation Schedule III: Bidder’s Experience ........................................................................... 29

Schedule of relevant experience ................................................................................................ 30

Evaluation Schedule IV: Vehicles and Equipment .................................................................... 31

Evaluation Schedule V: Skills Development ............................................................................. 32

Evaluation Schedule VI: Enterprise Development / Mentorship ............................................... 33

Schedule 7: Pricing Schedule and Rate Sheet ................................................................................. 34

Pricing Schedule A: Rate Sheet ............................................................................................... 34

Schedule 8: Mandatory Documents .............................................................................................. 35

Schedule 11: Anti Bribery and Corruption ..................................................................................... 36

Schedule 12: Ethical Commitment ................................................................................................ 41

Schedule 13: Authority to Sign ...................................................................................................... 42

Komatiland Forests (Pty) Limited – General Operating Conditions ................................................. 43

RFB 410-2017

Confidential Information Disclosure Notice and Introduction

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1 Confidential Information Disclosure Notice

1.1 This document may contain confidential information that is the property of Komatiland Forests

(PTY) Ltd

1.2 No part of the contents may be used, copied, disclosed or conveyed in whole or in part to any party

in any manner whatsoever other than for preparing a proposal in response to this Tender, without

prior written permission from Komatiland Forests.

1.3 All copyright and Intellectual Property herein vests with Komatiland Forests.

2 Introduction

2.1 Purpose

2.1.1 The purpose of this Request for Bid (RFB) is an invitation to suppliers (hereinafter referred to as

“Applicants”) to submit a bid for the removal and disposal of asbestos roofs at various KLF

plantations

2.2 Objectives

2.2.1 The following objectives must be achieved with the implementation of the above required

solution:

2.2.1.1 Adhere to specifications as fully contained in the Technical Specifications and scope of work

(Annexure A)

2.2.1.2 Compliance with statutory Requirements

2.3 Based on the Bids submitted and the outcome of the evaluation process according to the set

evaluation criteria, Komatiland Forests intends to select a preferred Bidder with the view of

concluding a Contract where applicable with such successful applicant.

2.4 Queries

2.4.1 Should it be necessary for an applicant to obtain clarity on any matter arising from or referred

to in this RFB document; please refer questions, in writing, to the contact person(s) listed below.

Under no circumstances may any other employee within Komatiland Forests be approached

for any information. Any such action will result in a disqualification of a response submitted in

terms of the RFB. Questions and responses will be distributed to all registered applicants via e-

mail. All questions must be submitted on or before close of business 28 February 2017 16H30.

Ayanda Madikizela E-mail: [email protected] Contact Number 0124366302

mailto:[email protected]

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Confidential Information Disclosure Notice and Introduction

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2.5 Bid time frame

We provide below the indicative timelines for this tender. Whilst every attempt will be made to

adhere to these timelines Komatiland Forests reserves the right to alter this schedule at its sole

discretion. In the event that this takes place, we shall advise the applicants concerned in writing.

Bid award is subject to various approvals within the company and with the shareholder, and

therefore no commitment of timelines can be provided.

Activity Deadline

Briefing session (compulsory)

08 February 2017 Komatiland Forests , 10 Streak Street, Nelspruit 10H00

Final date for questions

28 February 2017 16H30

Bid closing date and time

03 March 2017 @ 12.00 noon

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Acronyms and Abbreviations

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3 Definitions

3.1 “BEE” – means black economic empowerment

3.2 “Bid” – means a written offer in a prescribed or stipulated form in response to an invitation SAFCOL

for the provision of services or goods.

3.3 “Bidder’s” / “Vendors” – means any enterprise, consortium or person, partnership, company, close

corporation, firm or any other form of enterprise or person, legal or natural, which has been invited

by Komatiland Forests to submit a Bid in response to this Bid invitation.

3.4 “Black People” – means African, Coloured or Indian persons who are natural persons and:

3.4.1 are citizens of the Republic of South Africa by birth or descent; or

3.4.2 are citizens of the Republic of South Africa by naturalisation before the commencement date of

the Constitution of the Republic of South Africa Act of 1993; or

3.4.3 became citizens of the Republic of South Africa after the commencement date of the

Constitution of the Republic of South Africa Act of 1993, but who, but for the Apartheid policy

that had been in place prior to that date, would have been entitled to acquire citizenship by

naturalisation prior to that date

3.5 “Black People with Disabilities” – means black people who also satisfy the criteria in the definition

of 'persons with disabilities' set out in paragraph 5.1 of the "Code of Good Practice on the

Employment of People with Disabilities" issued in terms of section 54(1)(a) of the Employment

Equity Act

3.6 “Black Women” – means black people who are women

3.7 “Comparative Price” – means the price after deduction or addition of non-firm price factors,

unconditional discounts, etc.

3.8 “Consortium” – means several entities joining forces as an umbrella entity to gain a strategic

collaborative advantage by combining their expertise, capital, efforts, skills and knowledge for the

purpose of executing this tender.

3.9 “Disability” – means, in respect of a person, a permanent impairment of a physical, intellectual, or

sensory function, which results in restricted, or lack of, ability to perform an activity in the manner,

or within the range, considered normal for a human being.

3.10 “Firm Price” – means the price that is only subject to adjustments in accordance with the actual

increase or decrease resulting from the change, imposition or abolition of customs or excise duty

and any other duty, levy or tax which, in terms of a law or regulation is binding on the Bidder and

demonstrably has influence on the price of any supplies or the rendering cost of any service, for the

execution of a contract.

3.11 “Goods” – means any work, equipment, machinery, tools, materials or anything of whatever nature

to be rendered to Komatiland Forests’ delegate by the successful Bidder in terms of this tender.

3.12 “Internal Collaboration” – means collaborative arrangements within a group of companies or

within various strategic business units/subsidiaries/operating divisions in order to gain a strategic

position whilst sharing resources, profits and losses as well as risks.

3.13 “Joint Ownership” – means the establishment by two parent companies of a child company for a

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specific task within which both parent companies invest in order to overcome the limited

capabilities vested within them in order that they can both benefit from the combined investment.

3.14 “Joint Venture” – (Project) means two or more businesses joining together under a contractual

agreement to conduct a specific business enterprise with both parties sharing profit and losses. The

venture is for one specific project only, rather than for a continuing business relationship as in a

strategic alliance. It is about sharing risk with others and providing one or more missing and needed

assets and competencies.

3.15 “Licences” – means conditional use of another party’s intellectual property rights.

3.16 “Management” – in relation to an enterprise or business, means an activity inclusive of control, and

performed on a daily basis, by any person who is a principal executive officer of the company, by

whatever name that person may be designated, and whether or not that person is a director.

3.17 “Non-firm Price(s)” – means all price(s) other than “firm” price(s).

3.18 “Person(s)” – refers to a natural and/or juristic person(s).

3.19 “Qualifying Small Enterprise” – means an enterprise that qualifies for measurement under the

qualifying small enterprise scorecard, in terms of the definition specified in Code 1000

3.20 “Rand Value” – means the total estimated value of a contract in Rand denomination, which is

calculated at the time of Bid invitations and includes all applicable taxes and excise duties.

3.21 “Service Partners” – means any successful vendor who is awarded the Bid or who entered into an

agreement with Komatiland Forests.

3.22 “SMME” – bears the same meaning assigned to this expression in the National Small Business Act,

1996 (Act No. 102 of 1996).

3.23 “Subcontracting” – means the primary contractor’s assigning or leasing or contracting, or

employing another person to support such primary contractor in executing part of a project in terms

of a contract.

3.24 “Successful Bidder” – means the organization or person with whom the order is placed or who is

contracted to execute the work as detailed in the tender.

3.25 “Support Partners” – means any successful vendor who entered into partnership agreement with

Komatiland Forests and/or its clients for the provision of support services to a specific solution.

3.26 “Prime Vendor” – means any person (natural or juristic) who forwards an acceptable proposal in

response to this RFB with the intention of being the main contractor should the Bid be awarded to

him/her.

3.27 “Vendor Agent” – means any person mandated by a prime vendor or consortium/joint venture to

do business for and on behalf of, or to represent in a business transaction, the prime vendor and

thereby acquire rights for the prime vendor or consortium/joint venture against Komatiland Forests

and incur obligations binding the prime vendor or consortium/joint venture in favour of Komatiland

Forests or an organ of state.

4 Acronyms and Abbreviations

4.1 The following acronyms and abbreviations are used in this Bid and must be similarly used in the

proposal submitted in response and shall have the meaning ascribed thereto below.

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Abbreviations/Acronyms Description

BEE Black Economic Empowerment.

B-BBEE Broad-based Black Economic Empowerment

BOP Best Operating Practice

CPI Consumer Price Index

DTI Department of Trade and Industry

EME Exempted Micro Enterprise

FSC Forestry Stewardship Council

IEEE Institute of Electrical and Electronics Engineers

IOD Injury on Duty

KLF Komatiland Forests (Pty) Ltd

NEC New Engineering Contract

NOSA National Occupational Safety Association

OEM Original Equipment Manufacturer

PPE Personnel Protective Equipment

QoS Quality of Service

RFB Request for Bid

RSA Republic of South Africa

SAFCOL South African Forestry Company SOC Ltd

SAICE South African Institute of Civil Engineering

SMME Small, Medium, and Macro Enterprise

SLA Service Level Agreement

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General Rules and Instructions

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5 General Rules and Instructions

5.1 Confidentiality

5.1.1 The information contained in this document is of a confidential nature, and must only be used

for purposes of responding to this RFB. This confidentiality clause extends to Bid partners and/or

implementation agents, whom the Applicant may decide to involve in preparing a response to

this RFB.

5.1.2 For purposes of this process, the term “Confidential Information” shall include all technical and

business information, including, without limiting the generality of the foregoing, all confidential

knowledge and information (including any and all financial, commercial, market, technical,

functional and scientific information, and information relating to a party’s strategic objectives

and planning and its past, present and future research and development), technical, functional

and scientific requirements and specifications, data concerning business relationships,

demonstrations, processes, machinery, know-how, architectural information, information

contained in a party’s software and associated material and documentation, plans, designs and

drawings and all material of whatever description, whether subject to or protected by copyright,

patent or trademark, registered or un-registered, or otherwise disclosed or communicated

before or after the date of this process.

5.1.3 The receiving party shall not, during the period of validity of this process, or at any time

thereafter, use or disclose, directly or indirectly, the confidential information of Komatiland

Forests (even if received before the date of this process) to any person whether in the

employment of the receiving party or not, who does not take part in the performance of this

process.

5.1.4 The receiving party shall take all such steps as may be reasonably necessary to prevent

Komatiland Forests confidential information coming into the possession of unauthorised third

parties. In protecting the receiving party’s confidential information, Komatiland Forests shall use

the same degree of care, which does not amount to less than a reasonable degree of care, to

prevent the unauthorised use or disclosure of the confidential information as the receiving party

uses to protect its own confidential information.

5.1.5 Any documentation, software or records relating to confidential information of, Komatiland

Forests which comes into the possession of the receiving party during the period of validity of

this process or at any time thereafter or which has so come into its possession before the period

of validity of this process:

5.1.5.1 shall be deemed to form part of the confidential information of Komatiland Forests;

5.1.5.2 shall be deemed to be the property of Komatiland Forests;

5.1.5.3 shall not be copied, reproduced, published or circulated by the receiving party unless and to

the extent that such copying is necessary for the performance of this process and all other

processes as contemplated in; and

5.1.5.4 shall be surrendered to Komatiland Forests on demand, and in any event on the termination

of the investigations and negotiations, and the receiving party shall not retain any extracts.

5.2 News and press releases

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5.2.1 Applicants or their agents shall not make any news releases concerning this RFB or the awarding

of the same or any resulting agreement(s) without the consent of, and then only in co-ordination

with Komatiland Forests.

5.3 Precedence of documents

5.3.1 This RFB consists of a number of sections (see list). Where there is a contradiction in terms

between the clauses, phrases, words, stipulations or terms and herein referred to generally as

stipulations in Komatiland Forests this and the stipulations in any other document attached

hereto, or the Komatiland Forests submitted hereto, the relevant stipulations in this RFB shall

take precedence.

5.4 Preferential Procurement Reform

5.4.1 Komatiland Forests supports Black Economic Empowerment as an essential component of its

business. In accordance with government policy, Komatiland Forests insists that the applicants

demonstrate their commitment and track record to Black Economic Empowerment according to

the DTI Codes of Good Conduct and relevant sector charters.

5.4.2 Komatiland Forest procurement policy requires that a BBBEE contribution certificate must be

provided. This will be applicable to each vendor that participates in a consortium structure, joint

venture or the use of a sub-contractor.

5.5 Language

5.5.1 Bids shall be submitted in English.

5.6 Gender

5.6.1 Any word implying any gender shall be interpreted to include the other gender.

5.7 Headings

5.7.1 Headings are incorporated into this Bid document and submitted in response thereto, for ease

of reference only and shall not form part thereof for any purpose of interpretation or for any

other purpose.

5.8 Occupational Injuries and Diseases Act 13 of 1993

5.8.1 The applicant warrants that all its employees (including the employees of any sub-contractor

that may be appointed) are covered in terms of the Compensation for Occupational Injuries and

Diseases Act 13 of 1993 (“COIDA”) and that the cover shall remain in force for the duration of

the adjudication of this Bid and/ or subsequent agreement. Komatiland Forests reserves the

right to request the Applicant to submit documentary proof of the Applicant’s registration and

“good standing” with the Compensation Fund, or similar proof acceptable to Komatiland

Forests.

5.9 Formal contract

5.9.1 This RFB, all the appended documentation and the response thereto read together, forms the

basis for a formal contract to be negotiated and finalised between Komatiland Forests and the

enterprise(s) to whom Komatiland Forests awards the Bid in whole or in part.

These conditions should be read in conjunction with the General Conditions of Contract (GCC) and

Schedule 8: Anti-Bribery and Corruption. Bidders should familiarise themselves with the contents

of this document which is attached

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5.9.2 Any offer and/or acceptance entered verbally between Komatiland Forests and any vendor, such

offer shall not constitute a contract and thus not binding on the parties.

5.10 Instructions for submitting a proposal

5.10.1 One (1) original, one (1) hard copy and one (1) electronic version on CD of the Bid shall be

submitted on the date of closure of the Tender.

5.11 Bid Requirements

5.11.1 The original copy must be signed in black ink by an authorised employee, agent or

representative of the applicant and each and every page of the proposal shall contain the initials

of same signatory (ies).

5.11.2 Applicants shall submit Bid responses in accordance with the prescribed manner of submissions

as specified above.

5.11.3 Bids must be submitted in a prescribed response format herewith reflected as Response Format,

and be sealed in an envelope.

5.11.4 Bids must be deposited into SAFCOL’s Bid Box on or before 03 March 2017 not later than 12:00

noon, at SAFCOL Head Office, Podium At Menlyn, 43 Ingersol Road, Lynnwood Glen, Pretoria,

0081

5.11.5 All Bids in this regard shall only be accepted if they have been placed in the Bid box on or before

the closing date and stipulated time.

5.12 Bids received after the time stipulated shall not be considered.

5.13 No Bid shall be accepted by SAFCOL/ Komatiland Forests if submitted in any manner other than

as prescribed above.

5.14 SAFCOL/ Komatiland Forests has the right to enter into negotiation with any prospective Bidder

regarding any terms and conditions, of a proposed contract.

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Response Format

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6 Response Format

6.1 Bidders shall submit their responses in accordance with the format specified below. Failure to

comply with 6.1.2-6.1.4 and 6.1.6 – 6.1.16 will result in the vendor being penalised.

6.1.1 Schedule Index:

6.1.2 Schedule 1: Bid Pack Submission Checklist

6.1.3 Annexure C SBD 1 - Invitation To Bid

6.1.4 Schedule 2: Tax Clearance Requirements (SBD 2 Annexure H)

Original valid Tax Clearance Certificate (no scanned copies shall be accepted). Ideally an original

Tax Clearance certificate is required, should SARS provide bidders with an electronic copy of the

tax clearance certificate, the copy of the tax clearance certificate must be submitted with the

tender. The Tax Clearance Certificate will be verified with SARS. Bidder to provide PIN from SARS.

If a Consortium, Joint Venture or Subcontractor, an original valid Tax Clearance Certificate must

be submitted for each member. Ideally an original Tax Clearance certificate is required, should

SARS provide bidders with an electronic copy of the tax clearance certificate, the copy of the tax

clearance certificate must be submitted with the tender. The Tax Clearance Certificate will be

verified with SARS. Bidder to provide PIN from SARS.

6.1.5 Schedule 3: B-BBEE Rating Requirements

6.1.6 Schedule 4: Executive Summary

6.1.7 Schedule 5: Scope of Work & Technical Specification

6.1.8 Schedule 6: Pricing Schedule and Rate Sheet

6.1.9 Schedule 7: Mandatory Documents

6.1.10 Annexure D: SBD 4 Declaration of Interest

6.1.11 Annexure E: Certificate of Independent Bid Determination.

6.1.12 Annexure F: SBD 8 Bidders Past Supply Chain Practices.

6.1.13 Annexure G: Preference Points Claim Form In Terms Of The Preferential Procurement

Regulations 2011

6.1.14 Schedule 8: Anti-Bribery and Corruption

6.1.15 Schedule 9: Ethical Commitment

6.1.16 Schedule 10: Authority to Sign

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Reasons for Disqualification

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7 Briefing Sessions

7.1 As per date indicated on the bid document.

8 Bid Preparation

8.1 All additions to the Bid documents i.e. annexures, supporting documentation pamphlets,

photographs, technical specifications and other support documentation covering the services

offered etc. shall be neatly bound as part of the schedule concerned.

8.2 All questions in respect of this Bid must be addressed by e-mail to: [email protected]

8.3 All responses regarding questions posed in the Schedules attached herewith shall be answered in

accordance with the prescribed RFB Response Format.

8.4 Bids must be submitted for all components of the service required – total supply chain solution.

8.5 Rate Sheets (Schedule 6: Pricing Schedule and Rate Sheet )

9 List of All Personnel

9.1 List of all personnel to be assigned to this project, by employer, identifying their qualifications to

perform the tasks or functions to be assigned.

9.2 Identify key personnel, by employer (include subcontractor(s)), and provide contact information.

9.3 Provide a brief résumé of staff that will be deployed on this project. List educational qualifications

(certifications on product installation & configuration); as well as experience of similar projects.

10 Reasons for Disqualification

10.1 Komatiland Forests reserves the right at its sole discretion to disqualify any applicant that does any

one or more of the following, and such disqualification may take place without prior notice to the

offending applicant, however the applicant shall be notified in writing of such disqualification:

10.1.1 Applicants who do not submit a valid original Tax Clearance Certificate on the closing date and

time of the tender. Ideally an original Tax Clearance certificate is required, should SARS provide

bidders with an electronic copy of the tax clearance certificate, the copy of the tax clearance

certificate must be submitted with the tender. The Tax Clearance Certificate will be verified with

SARS. Bidder to provide PIN from SARS.

10.1.2 Applicants not registered on the Central Supplier Database.

10.1.3 Applicants who submitted incomplete information and documentation according to the

requirements of this RFB;

10.1.4 Applicants who submitted information that is fraudulent, factually untrue or inaccurate, for

example memberships that do not exist, B-BBEE credentials, experience, etc.

10.1.5 Applicants who received information not available to other vendors through fraudulent means;

and/or

10.1.6 Applicants who do not comply with mandatory requirements schedule 6.1.2-6.1.4 and 6.1.6 –

6.1.16 as stipulated in this RFB.

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Reasons for Disqualification

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10.2 There shall be no public opening of the Bids received. There shall be no discussions with any

enterprise until the evaluation of the proposal has been complete. Any subsequent discussions shall

be at the discretion of Komatiland Forests. Bids submitted by means of telegram, telex, facsimile

or similar means shall not be considered.

10.3 No Bids from any applicant with offices within the RSA shall be accepted if sent via the Internet or

e-mail. However Bids from international applicants with no office or representation in the RSA shall

be accepted if received via the Internet or e-mail before the closing date and time.

10.4 Such Bids shall not be made available for evaluation until the original signed documentation is

received within three (3) working days after the closing date, otherwise the proposal shall be

disqualified. International applicants must submit proof that they do not have any offices or

representation in South Africa.

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General Conditions of and Response Format

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11 General Conditions of Bid

11.1 Applicants shall provide full and accurate answers to all (including mandatory) questions posed in

this document, and, are required to explicitly state either "Comply/Accept (with a )" or "Do not

comply/Do not accept (with an X)" regarding compliance with the requirements. Where necessary,

the applicant shall substantiate their response to a specific question.

NOTE: It is mandatory for applicants to complete or answer this part fully; otherwise their Bid

shall be treated as incomplete and will be disqualified.

11.2 Komatiland Forests may request at its sole discretion:

11.2.1 Additional information from applicants were deemed appropriate,

11.2.2 The correction of minor errors that do not affect the substance of the tender

11.2.3 Examples of minor errors for which correction may be requested are:

11.2.3.1 A page inadvertently not initialled

11.2.3.2 Incorrect spelling where the correction is obvious

General Conditions of Bid Accept Do not Accept

11.3 The laws of the Republic of South Africa shall govern this RFB and the applicants

hereby accept that the courts of the Republic of South Africa shall have the

jurisdiction.

11.4 Komatiland Forests shall not be liable for any costs incurred by the applicant in

the preparation of response to this RFB. The preparation of response shall be

made without obligation to acquire any of the items included in any applicant’s

proposal or to select any proposal, or to discuss the reasons why such vendor’s

or any other proposal was accepted or rejected.

11.5 Komatiland Forests may request written clarification or further information

regarding any aspect of this proposal. The applicants must supply the requested

information in writing within 1 business day after the request, or the proposal

will be disqualified.

11.6 In the case of a Consortium, Joint Venture or subcontractors, applicants are

required to provide copies of signed agreements stipulating the work split and

Rand value.

11.7 In the case of a Consortium, Joint Venture or subcontractors, all applicants are

required to provide mandatory documents as stipulated in Schedule 1: Bid Pack

Submission Checklist

11.8 Komatiland Forests reserves the right to cancel or reject any proposal and not

to award the Bid to the highest priced or the highest scoring Bid or award parts

of the Bid to different applicants, or not to award the Bid at all.

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11.9 By submitting a proposal in response to this RFB, the applicants accept the

evaluation criteria as it stands.

11.10 Where applicable, Komatiland Forests reserves the right to query the

qualification and experience of the applicant(s) or personnel during the

evaluation and after the evaluation.

11.11 Should the parties at any time before and/or after the award of the Bid and

prior to, and-or after conclusion of the contract fail to agree on any significant

product price or service price adjustments, change in scope/ Technical

specifications, change in services, etc. Komatiland Forests shall be entitled,

within 14 (fourteen) days of such failure to agree, to recall the letter of award

and cancel the Bid by giving the applicant not less than 7 (seven) days written

notice of such cancellation, in which event all changes in fees on which the

parties failed to agree shall, for the duration of such notice period, remain fixed

on those fee/price applicable prior to the negotiations.

Such cancellation shall mean that Komatiland Forests reserves the right to

award the same Bid to another applicant as it deems fit.

11.12 In the case of a consortium or Joint Venture, each of the authorised enterprise’s

members and/or partners of the different enterprises must co-sign this

document.

11.13 Any amendment or change of any nature made to this RFB shall only be of force

and effect if it is in writing, signed by an authorised Komatiland Forests

signatory and added to this RFB as an addendum.

11.14 Failure or neglect by either party to (at any time) enforce any of the provisions

of this Bid shall not, in any manner, be construed to be a waiver of any of that

party’s right in that regard and in terms of this tender. Such failure or neglect

shall not, in any manner, affect the continued, unaltered validity of this tender,

or prejudice the right of that party to institute subsequent action.

11.15 No interest shall be payable on accounts due to the successful vendor in an

event of a dispute arising on any stipulation in the contract.

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11.16 Applicants who make use of subcontractors:

The Bid shall be awarded to the Vendor as a primary contractor who shall be

responsible for the management of the awarded tender. No separate contract

shall be entered into between Komatiland Forests and any such subcontractors.

Copies of the signed agreements between the relevant parties must be

attached to the Bid response.

Subcontracting is permitted in order for service providers to offer a broad-

spectrum service. However, Komatiland Forests activities are subject to the

Public Finance Management Act (PFMA) and procurement processes and

contracts are subject to the Preferential Procurement Policy Framework Act

(PPPFA). Therefore no subcontracting (exceeding than 25% of the contract

value) is permitted unless the subcontractor has an equal or higher B-BBEE level

rating than the main contractor, or is an EME capable of executing the required

work.

11.17 Evaluation of Bids shall be performed by an evaluation panel established by

Komatiland Forests.

Bids shall be evaluated on the basis of conformance to the required

specifications as outlined in the RFB. Points shall be allocated to each applicant,

on the basis that the maximum number of points that may be scored for a

combination of price and preference shall be 100.

11.18 The applicant’s response to this Tender, or parts of the response, shall be

included as a whole or by reference in the final contract

11.19 Should the evaluation of this Bid not be completed within the validity period of

the tender, Komatiland Forests has the discretion to request applicants to

extend the validity period of their bids.

11.20 Upon receipt of the request to extend the validity period of the tender, the

applicant must respond within the required time frames and in writing on

whether or not he agrees to hold his original Bid response valid under the same

terms and conditions for a further period.

11.21 Should the applicant change any wording or phrase in this document, the Bid

may be evaluated as though no change has been effected and the original

wording or phrasing shall be used.

11.22 Successful bidders should maintain or improve their B-BBEE level rating for the

duration of the awarded contract.

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Evaluation criteria and methodology

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12 Evaluation criteria and methodology

The evaluation of the Bids shall be conducted using the framework presented below:

12.1 Step 1 – Mandatory Requirements

Documentation be supplied as per Schedule 7: Mandatory Documents on page 35 below.

Take note that these conditions / requirements must be met in order for the evaluation committee

to proceed to step 2. Failure to achieve compliance may result in disqualification of the bidder

Technical Proposal

Points for the technical proposal will be awarded as follows:

EVALUATION AREA

EVALUATION CRITERIA Max. Points

Min. Points

Past Relevant Experience (attach letters from clients for similar services)

Please note the following: Bidders must have specific experience in dealing with building refurbishment solutions including but not limited to plumbing, carpentry, painting, tiling, plastering. It is expected that bidders will submit recent references (in the last five years) in respect of similar work undertaken (the references must be in the form written proof(s) on the referees’ letterheads. The reference must include the relevant contact person, nature of service, contract amount, commencement date, telephone number, e-mail address. (Total – 25 points). No testimonials submitted = zero

25 20

Submission of four (4) or more written testimonials demonstrating provable experience related to similar projects (25)

Submission of two (2) to three (3) written testimonials demonstrating provable experience related to similar projects (20)

Submission of one (1) written testimonials demonstrating provable experience related to similar projects (10)

Project Methodology & Planning

Submit adequate evidence to demonstrate the understanding of the scope of work and resources to successfully complete the project for each of the points mentioned below.:- (Total – 65 points)

65 40

Understanding of and experience in explaining how you would comply to set specifications and the end product you will provide as far as quality of work. This is to be done via a method statement of how you would conduct the scope work. Up to 20 points for integrating all scope of services 0 – 10 points for partial integration of scope of services

20

Proposed project organization resources and the project team structure. Supply a diagram of your proposed team structure with names as well as how it fits your organisation structure.

5

Organization’s footprint capacity relative to the project. Indicate your locality to where the site of works is located. Up to 100km = 10 Above 100km – 300 km = 8 Above 300km = 5

10

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12.2 Step 2 – Technical Evaluation

If applicants achieve the minimum required score, the Evaluation Committee will proceed with

evaluating the pricing and B-BBEE proposal.

Where the minimum required score is not achieved, the Bid will be deemed unsuccessful.

12.2.1 Objective Criteria

12.2.2 The KLF/SAFCOL further reserves the right not to award this tender to any bidder based on the

proven poor record of accomplishment of the bidder in previous projects within KLF/SAFCOL

12.2.3 KLF/SAFCOL reserves the right not to consider proposals from bidders who are currently in

litigation with KLF/SAFCOL.

12.2.4 The contractor must be a Registered Asbestos Contractor as defined in the Asbestos Regulations

of 2001.

12.3 Step 3 – Pricing (Weighting – 80% /90%)

The highest priced Bid will be used as the baseline in determining the point allocations to respective bids using the formula below. The highest acceptable Bid (adjusted or not), will obtain the maximum points allocated for price. The other bids with lower prices (adjusted or not), will proportionately obtain lower points based on the following formula:

Ps= 90 or 80

(1-

Pt-Pmin

) Pmin

Understanding of and experience of relevant Health and Safety Act Asbestos Regulations How have you met the requirements. This can be demonstrated by referring to previous projects and how will you use these to meet the safety requirements in this project. Propose a safety plan to KLF and demonstrate understanding of environmental safety matters in a forestry environment. (Refer to mandatory specification compliance in Annexure A – Technical Specification point 4.0) Low Understanding = 10 Medium Understanding = 20 Excellent Understanding = 30

30

Human Resources - Management and Staff

Qualifications and Skills of Human Resources - 10 points 10

Relevant qualification and experience of personnel to manage,

supervise and conduct the installation; CVs with certificates

Service provider shall provide the Company with a Certificate of

Safe Disposal issued by an approved disposal facility as

contemplated in Regulation 20

Service provider shall submit proof of training for all employees

as required in terms of Regulation 5;

All CVs and qualifications attached = 10 points No CV/ No qualifications attached = 0 points

10

Total 100 70

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where

Ps = points scored for price of tender under consideration

Pt = rand value of tender under consideration

Ph = rand value of highest acceptable tender

12.4 Step 4 – B-BBEE Evaluation (Weighting – 100%)

Each vendor participating in the Bid response as per their proposed structure will be evaluated

using the BBBEE contribution level as reflected in the table below. The points allocated for each

vendor participating in the structure will then be multiplied by the percentage revenue allocated to

such vendor, as contained in the pricing schedule of the applicant’s response. The aggregate of all

the vendors’ score will then compute the B-BBEE score for such tender.

12.5 Step 5 – Aggregate Scoring

The scores achieved in steps 2 to 4 above will be aggregated to compute the total score for each

tender. Points scored will be rounded off to 2 decimal places.

Component Weighting

Pricing 90 or 80

B-BBEE 10 or 20

Total 100

In the event that any two or more bids achieving an equal aggregate score, the Bid will be awarded to

the applicant scoring the highest number of points for specified goals.

The applicant obtaining the highest number of aggregated points will be awarded the contract.

12.6 The decision by the Evaluation Committee is final and no further correspondence will be entered

into for bids that do not meet requirements.

12.7 It is important that applicants deal with the components of the scorecard above and respond in

detail to the scoring elements to provide a comprehensive response to the statement of

requirements.

Status level of Contributor Number of points (90/10 point system)

Number of Points

(80/20point system)

1 10 20

2 9 18

3 8 16

4 7 12

5 6 8

6 5 6

7 4 4

8 2 2

Non-compliant contributor 0

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Schedule 1: Bid Pack Submission Checklist

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Schedule 1: Bid Pack Submission Checklist

(Return completed and signed checklist with pack) I have completed and included the forms as stated below:

Form Completed Included in pack

Signed Note / Sign KLF Use Received

Annexure C: SCM-Bid documents SBD 1 Yes / No Yes / No Yes / No

Annexure H: SCM-Bid documents SBD 2 Yes / No Yes / No Yes / No

Schedule 3: B-BBEE Rating Requirements Yes / No Yes / No Yes / No

Schedule 4: Executive Summary Yes / No Yes / No Yes / No

Schedule 5: Scope of Work & Technical Specification Yes / No Yes / No Yes / No

Schedule 6: Pricing Schedule and Rate Sheet Yes / No Yes / No Yes / No

Schedule 7: Mandatory Documents Yes / No Yes / No Yes / No

Annexure D: Declaration of Interest Yes / No Yes / No Yes / No

Annexure F: Bidder Past SCM Practices SBD 8 Yes / No Yes / No Yes / No

Schedule 8: Anti-Bribery and Corruption Noted

Schedule 9: Ethical Commitment Yes / No Yes / No Yes / No

Schedule 10: Authority to Sign Yes / No Yes / No Yes / No

Annexure E: Certificate of Independent Bid Determination Yes / No Yes / No Yes / No

Annexure G: Preference Point Claim Form in Terms of the Preferential Procurement Regulations 2011

Yes / No Yes / No Yes / No

Name of person signing: Signature: Date:

Name of Applicant (Legal entity):

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Schedule 2: Tax Clearance Requirements

1. It is a condition of Bid that the South African taxes of the successful applicants must be in order, or that

satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the

tender’s tax obligations.

2. In order to meet this requirement applicants are required to complete in full the attached 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 applicants/individuals who wish to

submit bids.

3. SARS shall then furnish the applicant with a Tax Clearance Certificate that shall be valid for a period of

one (1) year from the date of approval.

4. The original Tax Clearance Certificate must be submitted together with the tender. Failure to submit the

original and valid Tax Clearance Certificate shall result in the invalidation of the tender.

5. In bids where Consortia / Joint Ventures / subcontractors are involved, each party must submit a separate

Tax Clearance Certificate.

6. 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.

7. Applications for the Tax Clearance Certificates may also be made via eFiling. In order to use this provision,

taxpayers shall need to register with SARS as eFilers through the website www.sars.gov.za.

8. SARS do not charge for the issuing of a tax clearance certificate, providing that all taxes are up-to-date.

The tax clearance certificate may be collected from the nearest SARS branch.

HAS AN ORIGINAL TAX CLEARANCE CERTIFICATE/S BEEN SUBMITTED? Yes No

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

I FURTHER ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME

SHOULD THIS DECLARATION PROVE TO BE FALSE.

SIGNATURE OF APPLICANT (duly authorised) DATE

CAPACITY UNDER WHICH THIS BIDIS SIGNED NAME OF BIDDER

http://www.sars.gov.za/

http://www.sars.gov.za/

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1. It is required that applicants submit proof of their commitment to Broad-Based Black Economic

Empowerment, in terms of the B-BBEE codes of good practice if they wish to claim points according to

the Preferential Points System.

2. It is preferred by Komatiland Forests that vendors participating in this Bid have as a minimum, a Level 4

B-BBEE rating. This will be applicable to each vendor participating in a consortium, joint venture or prime-

subcontractor structures / model.

3. Companies that have an annual turnover (not profit) of less than R 10 million are exempted from

certification, in terms of the DTI Codes of Good Practice. These companies need only submit proof (e.g.

a letter from their accountants) that their turnover is less than R 10 million per annum.

4. If applicants do not have a B-BBEE Rating Certificate, they may choose not to submit one, and will be

awarded zero points for B-BBEE under the evaluation scoring as indicated in this document.

HAS A B-BBEE VERIFICATION CERTIFICATE/S BEEN SUBMITTED? Yes No

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

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

AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.



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Schedule 4: Executive Summary

Provide an executive summary of your Bid under the appropriate headings below: (limit to 3 pages).

1. Entity details – Consortium / Joint Venture / Prime-Subcontractor Structure (Refer to Evaluation

Schedule I: Bidder Profile)

a. Structure of the tendering entity

b. Key roles of each participating vendor

c. Percentage revenue and work share

d. Brief profile of each participating vendor

2. Proposed organisation and staffing.(Refer to Evaluation Schedule I: Bidder Profile and Evaluation

Schedule II: Proposed Organisation and Staffing)

a. Indicate the proposed structure and composition of the team in order to demonstrate capacity and

ability to exercise good control (Attach C.V’s of all the relevant positions)

b. Indicate capacity available in terms of support, artisans, plumbers, painters and administration

c. Indicate current or proposed resources and presence in the required geographic areas or provide

assurance that capacity will be established in time

d. Indicate management competence to manage these bids

e. Provide assurance on the bidders ability to offer full operational solution

3. Experience (Refer to Evaluation Schedule III: Bidder’s Experience)

a. Indicate details of the service provider's history in the construction industry

4. References relating to previous construction work

a. Provide reference letters ( see technical evaluation criteria for format of reference letters)

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Schedule 5: Scope of Work & Technical Specification

Detailed technical specification attached and Annexure A. The Service provider shall be appointed by the Employer to render the services as detailed in this Scope of Services to the Komatiland Forests. The Contractor will apply its skills, expertise and experience to undertake such functions in accordance with the Scope of Services described herein. Mandatory Specification Requirements The renovations and office layout changes must conform to the Occupational Health & Safety Act, (Act 85 0f 1993), Asbestos Regulation 2001 and Fire Regulations. i. All work shall be carried out by a Registered Asbestos Contractor as defined in the Regulations.

ii. The service provider shall notify the Provincial Inspector in accordance with Asbestos Regulation 3.

iii. Service provider shall submit a Plan of Work to the Company and to an Approved Asbestos Inspection Authority

not less than 30 days prior to the intended date of commencement of the work as required by Regulation 21 (1)

(a);

iv. Service provider shall submit the approved plan of work to the Company and to the Provincial Inspector not less

than 14 days prior to commencement of the work as required by Regulation 21 (1) (a);

v. Service provider shall provide written confirmation to the Company on completion of the work that all asbestos

waste has been removed in accordance with Regulation 21 (1) (b);

vi. Service provider shall provide the Company with a Certificate of Safe Disposal issued by an approved disposal

facility as contemplated in Regulation 20

vii. Service provider shall submit proof of training for all employees as required in terms of Regulation 5;

viii. Service provider shall provide all employees with Personal Protective Equipment (PPE) and manage the use and

disposal of such PPE in accordance with the requirements of Regulation 17;

The qualifying criteria to be eligible to be appointed as a service provider The prospective provider must demonstrate the capacity to carry the assignment. Should adhere to expected level of professionalism, quality work and adhere to the project timeframe.

Must have demonstrable ability and success and be reputable on similar projects.

Duration and timelines The prospective service provider will enter into contractual agreement with SAFCOL/KLF for the duration of the proposed period not exceeding twelve (12) months. Cost The quotation must display the price that includes value added tax (VAT) and a breakdown of all related costs must be included. Duration of contract The prospective service provider will enter into a contractual agreement with SAFCOL for a maximum period not exceeding six (6) months. Pricing KLF will not entertain pricing adjustments. All pricing shown must EXCLUDE VAT, with the VAT components being as shown separately; All pricing assumptions, excluded costs and estimated costs must be clearly documented; KLF assumes that the pricing document as supplied is complete and covers all costs associated with this project Refer to pricing schedule (ANNEXURE B) sealed in separate envelope.

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Evaluation Schedules for Completion

Evaluation Schedule I: Bidder Profile

1. Structure and credentials of the company / consortium members etc.

2. Partnership agreements / contracts

3. Bidder Operating Organisation – Provide an overview of the operating structure and geographical

locations of the firm at the national, regional, and local levels.

4. Standards – Include information regarding your firm’s utilisation of widely known Industry Standards and

guidelines, as they apply to your firm, your firm’s proposal.

5. Company Contact(s) – Provide the name, title, street address, city, state, telephone and fax numbers and

e-mail of the primary company’s contact person, and for any sub-Contractors.

The scoring of the Bidder’s profile will be as per the evaluation criteria:

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise, confirms

that the contents of this schedule are within my personal knowledge and are to the best of my belief both

true and correct.

Signed Date

Name Position

Bidder

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Evaluation Schedule II: Proposed Organisation and Staffing

1. The Bidder should propose the structure and composition of their team i.e. the main disciplines involved,

the key staff members. The roles and responsibilities of each key staff member assigned to the project

should be set out as job descriptions. In the case of an association / joint venture / consortium, it should,

indicate how the duties and responsibilities are to be shared.

2. The experience and training OR qualifications of each staff member must be detailed.

3. Detail the support structure proposed for the project.

4. The proposal should cover how existing or new employees will be trained before commencing work. The

strategy to deal with absenteeism must also be detailed. The proposals should include, accommodation,

transport, allowances, PPE etc.

5. Bids are to complete the schedule Qualifications of Owner or Designated Member or Key Personnel on

page 28 below.

The scoring of the proposed organisation and staffing will be as per the evaluation criteria



true and correct.

Signed Date

Name Position

Bidder

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Qualifications of Owner or Designated Member or Key Personnel

CURRICULUM VITAE

1. Position in the Company:

2. Family Name:

3. First Names:

4. Date and Place of Birth:

5. Nationality:

6. Education:

Institution

Date: (month/year) completed

Degree(s) or Diploma(s) obtained and Major Subjects passed:

7. Language Skills [mark 1 (poor) to 5 (excellent) for competence]

Language Reading Speaking Writing

8. Other Skills: (e.g. computer literacy, etc.):

9. Present position in firm or company:

10. Years of relevant experience:

11. Years within the firm:

12. Membership of professional bodies:

13. Reference:

Please name three references (with complete addresses) who are in a position to provide information on

your career.

“I CERTIFY THAT ALL INFORMATION STATED IN THIS CURRICULUM VITAE (CV) IS TRUE AND COMPLETE TO

THE BEST OF MY KNOWLEDGE. I AUTHORISE KLF TO VERIFY THE INFORMATION PROVIDED HEREIN”


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Evaluation Schedule III: Bidder’s Experience

1. The experience of the Bidder or joint venture partners in the case of an unincorporated joint venture or

consortium as opposed to the key staff members / experts in similar projects or similar areas and

conditions in relation to the scope of work over the last five years will be evaluated.

2. The details of experience with traceable references and size of contracts can be documented in Schedule

of Relevant Experience

3. List current product lines that the Bidder has experience in transporting.

4. List current contractual obligations.

The Bidder must complete Schedule of relevant experience on page 30 below in order to be assessed for

technical ability.

The scoring of the Bidder’s experience will be as per the evaluation criteria



true and correct.

Signed Date

Name Position

Bidder

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Schedule of relevant experience

The Service Provider shall list below those Works of a similar nature as listed in Scope of Work and Technical

specifications that he has successfully completed. Present commitments and their due dates for completion

shall also be listed.

CLIENT/BENIFICIARY (Name, Telephone &

Fax No)

PROJECT LOCATION

DESCRIPTION OF WORKS

CONTRACT VALUE

NAME OF REFERENCE

CONTACT DETAILS OF REFERENCE

PRESENT COMMITMENTS:

1.

2.

3.


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Evaluation Schedule IV: Vehicles and Equipment

The Service Provider must state below the major items of vehicles and machinery that is owned by the Service

Provider and that will be available.

MAKE AND DESCRIPTION YEAR OF MANUFACTURE

MILEAGE OWNERSHIP STATUS

Signed Date

Name Position

Bidder

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Evaluation Schedule V: Skills Development

1. Document the formal training programmes of staff – Provide training schedule and success rate.

2. List internship programmes- provide internship contracts

3. List learnerships programmes and provide learnership contracts.

The scoring of the Bidder’s Skills Development will be as per the evaluation criteria:



true and correct.

Signed Date

Name Position

Bidder

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Evaluation Schedule VI: Enterprise Development / Mentorship

1. List Enterprise Development/Mentorship projects undertaken – provide details of date engaged, value

and number of beneficiaries.

2. List the names of companies that are currently involved in the Bidder’s Enterprise Development/

Mentorship programmes.

3. Provide memorandum’s of understanding or relevant supporting documentation.

The scoring of the Bidder’s Enterprise Development/ Mentorship will be as per evaluation criteria.



true and correct.

Signed Date

Name Position

Bidder

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Schedule 7: Mandatory Documents

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Schedule 6: Pricing Schedule and Rate Sheet

Pricing Schedule A: Rate Sheet

NOTES:

Important: It is mandatory to indicate your total tender price as requested.

All prices must be VAT exclusive and must be quoted in South African Rand (ZAR).

Where there are foreign components, it is the responsibility of the Tenderer to cover their foreign exchange

exposure on such items.

Price Declaration Form

Dear Sir / Madam,

Having read through and examined the Bid Document, Bid no RFB-349, the General Conditions of Bid, the

Technical Requirements and all other Schedules to the Bid Document, we offer services on purchase of

mushrooms to the conditions and requirements as detailed in the RFB for the total Tendered Contract Sum

of:

R (excluding VAT)

In Words: R

(excluding VAT)

We undertake to hold this offer open for acceptance for a period of 120 days from the date of submission of

offers. We further undertake that upon final acceptance of our offer and conclusion of the contract, we will

commence with service delivery when required to do so by Komatiland Forests.

We understand that you are not bound to accept the highest or any offer and that we must bear all costs

which we have incurred in connection with preparing and submitting this tender.

We understand that by participating in this tender process no rights are conferred to us.

We hereby undertake for the period during which this tender remains open for acceptance not to divulge to

any persons, other than the persons to whom the tender is submitted, any information relating to the

submission of this tender or the details therein except where such is necessary for the submission of this

tender.


CAPACITY UNDER WHICH THIS TENDER IS SIGNED NAME OF TENDERER

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1. Attach proof of registration with the Central Supplier Database.

2. Attach Company Registration Certificate including a list of directors.

3. Proof (Registered Asbestos Contractor)

4. Original Tax Clearance Certificate (no scanned copies shall be accepted). Ideally an original Tax Clearance

certificate is required, should SARS provide bidders with an electronic copy of the tax clearance

certificate, the copy of the tax clearance certificate must be submitted with the tender. The Tax Clearance

Certificate will be verified with SARS. Bidder to provide PIN from SARS.

5. Completion of General Conditions of Bid document (refer to section 11 above)

Applications received without the information required above will be disqualified.

In addition, SAFCOL requests the following additional information for financial and reporting purposes:

6. VAT registration certificate.

7. Shareholders as follows must be disclosed on a company letterhead

a. Shareholders younger than 35 years of age

b. Shareholders with disabilities

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1 The Supplier/Service Provider1 agrees that in connection with this Agreement , it will comply with all

anti-bribery and corruption and anti-money laundering laws, rules, regulations or equivalents

applicable to SAFCOL and all its subsidiaries including, but not limited to, Bribery Act 2010 of the United

Kingdom, Foreign Corrupt Practices Act 1977 of the United States of America, the OECD Convention

on Combating Bribery of Foreign Public Officials in International Business Transactions and equivalent

laws in South Africa including the Prevention of Organised Crime Act 121 of 1998, Public Finance

Management Act 1 of 1999 as well as Treasury Regulations, Broad-Based Black Economic

Empowerment Act 53 of 2003, Preferential Procurement Policy Framework Act 5 of 2000, Prevention

and Combating of Corrupt Activities Act 12 of 2004, Companies Act 71 of 2008, Income Tax Act 58 of

1962 and the Financial Intelligence Centre Act 38 of 2001 (“Anti-Corruption Laws”).

2 The Supplier/Service Provider acknowledges that SAFCOL and its subsidiaries have a zero tolerance

policy towards bribery and corruption. The Supplier/Service Provider confirms and agrees that it and

its directors, members, officers, employees and service providers (including but not limited to its

subcontractors, agents and other intermediaries) will not, offer, give, promise to give or authorise the

giving to any person whosoever (including but not limited to private individuals, commercial

organisations, director and employee of SAFCOL as well as its subsidiaries, Public Officials or any

political party, official of a political party, or candidate for public office) (“Person”)), or solicit, accept

or agree to accept from any Person, either directly or indirectly, anything of value including, without

limitation, gifts or entertainment or Facilitation Payments, in order to obtain, influence, induce or

reward any improper advantage in connection with this Agreement or any other business transactions

involving SAFCOL and its subsidiaries (the “Anti-Corruption Obligation”).

3 Subject to any relevant data privacy or protection law, the Supplier/Service Provider shall immediately

report to SAFCOL and its subsidiaries:

3.1 any request or demand received by the Supplier/Service Provider, or any other service provider

subcontracted by the Supplier/Service Provider that could amount to a breach of the Anti-

Corruption Laws or Anti-Corruption Obligation; or

3.2 any allegations, proceedings or investigations relating to bribery, corruption or money laundering

against the Supplier/Service Provider, its directors, officers, employees or its subcontractors

engaged in connection with this Agreement.

4 The Supplier/Service Provider shall provide SAFCOL and its subsidiaries with such further assurances

or certificates that SAFCOL and its subsidiaries may request from time to time and certify annually to

SAFCOL and its subsidiaries, in writing signed by an officer of the Supplier/Service Provider, that it

and its directors, members, officers, employees and service providers in connection with this

Agreement have at all times during the relevant preceding period complied with the Anti-Corruption

Laws and Anti-Corruption Obligation. The Supplier/Service Provider shall provide such supporting

evidence of compliance as SAFCOL and its subsidiaries may reasonably request.

5 The Supplier/Service Provider shall:

5.1 maintain at its normal place of business, throughout the term of this Agreement and for at least 6

[six] years following its expiration or termination, detailed books, records and accounts which

1 Any party to the Agreement with SAFCOL and its subsidiaries

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accurately and fairly reflect all transactions and payments made in connection with this Agreement;

5.2 maintain an internal accounting controls system that is sufficient to ensure proper authorisation,

recording and reporting of all transactions and payments made by SAFCOL and its subsidiaries and

is sufficient to ensure, and enable SAFCOL and its subsidiaries to verify, the Supplier/Service

Provider’s compliance with Anti-Corruption Laws and the Anti-Corruption Obligation;

5.3 have in place, maintain and enforce its own policies and procedures which are designed to ensure,

and which are reasonably expected to continue to ensure, compliance with Anti-Corruption Laws

and the Anti-Corruption Obligation; and

5.4 co-operate with SAFCOL and its subsidiaries where the latter requests that the Supplier/Service

Provider receives SAFCOL and its subsidiaries’ anti-bribery and corruption training, usually at either

SAFCOL’s offices or at Supplier/Service Provider place of business, including prior to the

commencement of any work or actions related to the Agreement.

6 The Supplier/Service Provider has read and understood SAFCOL and its subsidiaries’ group anti-fraud

and corruption policy and enterprise risk management plan (as displayed at http://www.safcol.co.za/

(as may be amended from time to time) (“SAFCOL Code”) and agrees to comply with the principles

contained in the SAFCOL Code in connection with this Agreement and any other business transactions

involving SAFCOL and its subsidiaries on one hand and the Supplier/Service Provider’s representatives

on the other to access, inspect and make copies of books, records and accounts held at the

Supplier/Service Provider’s premises in order to audit the Supplier/Service Provider’s compliance

with Anti-Corruption Laws and/or the Anti-Corruption Obligation. In addition, the Supplier/Service

Provider shall cooperate and provide all reasonable assistance, including making its books, records,

accounts and personnel available, to enable SAFCOL and its subsidiaries to investigate any actual or

potential breach of, or perform any activity required by any relevant government or agency in

connection with ensuring or verifying the Supplier/Service Provider’s compliance with, Anti-

Corruption Laws and/or the Anti-Corruption Obligation. The rights set out in this clause shall continue

for 6 [six] years after termination or expiration of this Agreement.

7 SAFCOL and its subsidiaries shall have the right to suspend all further services and payments under

and/or terminate this Agreement, in whole or in part with immediate effect,:

7.1 if SAFCOL and its subsidiaries reasonably believes in good faith that the Supplier/Service Provider

has failed to comply with or breached in any material respect any of the requirements set out in

this Schedule; or

7.2 where the Supplier/Service Provider or its shareholders, owners, or affiliates become designated

as a Blacklisted Party.

8 If SAFCOL and its subsidiaries suspends and/or terminates this Agreement for breach of this Schedule,

the Supplier/Service Provider shall not be entitled to claim compensation or any further

remuneration, regardless of any activities or agreements with additional third parties entered into

before termination.

9 The Supplier/Service Provider represents and warrants that except as otherwise disclosed in writing

to SAFCOL and its subsidiaries, as at the date of execution of this Agreement and throughout the term

of this Agreement:

9.1 none of its directors, members, officers, employees or other service providers in connection with

this Agreement is a Public Official; and

9.2 no Public Official will have a direct or indirect interest in this Agreement, the Supplier/Service

http://www.safcol.co.za/

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Provider or other subcontractor in connection with this Agreement or have any legal or beneficial

interest in any payments made by SAFCOL and its subsidiaries under this Agreement; and

9.3 it will promptly notify SAFCOL and its subsidiaries in writing of any change in the foregoing.

10 The Supplier/Service Provider represents and warrants that except as otherwise disclosed in writing

to SAFCOL and its subsidiaries, neither it nor its directors, members, officers, or key employees in

connection with this Agreement have in the last ten years:

10.1 been convicted of any offence involving bribery, corruption or money laundering; or

10.2 been or are the subject of any investigation, inquiry or enforcement proceedings by any

governmental, administrative or regulatory body regarding any offence or alleged offence involving

bribery, corruption or money laundering.

11 The Supplier/Service Provider warrants that in connection with this Agreement it shall ensure with

respect to any subcontractor, including but not limited to any sub-agent, representative or other

service provider it may engage to act on SAFCOL and its subsidiaries’ behalf, that:

11.1 it will conduct appropriate due diligence prior to appointing or engaging such subcontractor to

ensure that they are duly qualified to perform the tasks for which they will be engaged and that

they are of good reputation; and

11.2 it will impose and secure from the subcontractor, in writing,:

11.2.1 compliance with Anti-Corruption Laws and the Anti-Corruption Obligation or a similar obligation;

11.2.2 audit and inspection provisions substantially equivalent to those imposed on and secured from

the Supplier/Service Provider in this Schedule such that both SAFCOL with its subsidiaries and

Supplier/Service Provider shall each have the same rights with respect to any subcontractor

(including without limitation the same rights of access to premises, books, records and accounts

and personnel of that subcontractor in respect of inspection and audit) that SAFCOL and its

subsidiaries have with respect to the Supplier/Service Provider under this Agreement;

11.2.3 provisions allowing immediate suspension and/or termination of the subcontract if the

subcontractor fails to comply with Anti-Corruption Laws or breaches the Anti-Corruption

Obligation or similar obligation and a provision for automatic termination of the subcontract in

the event of, and at the same time as, the termination of this Agreement; and

11.3 it shall promptly notify SAFCOL of any suspected breach of the Anti-Corruption Obligation by the

subcontractor.

12 Payments by SAFCOL and its subsidiaries to the Supplier/Service Provider shall only be made by

cheque or wire transfer to a bank account in Republic of South Africa, details of which shall be given

by the Supplier/Service Provider to SAFCOL and its subsidiaries in writing. Such notification shall be

deemed to constitute a representation and warranty that the bank account so notified is owned solely

by the Supplier/Service Provider and that no person other than Supplier/Service Provider has any

ownership of or interest in such account.

13 The Supplier/Service Provider shall:–

13.1 make available to SAFCOL and its subsidiaries from time to time its current –

13.1.1 Broad Based Black Economic Empowerment Policies; and

13.1.2 ratings in respect of Broad Based Black Economic Empowerment Policies, as certified from time

to time; and

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13.2 at all times use its best endeavours to procure the advancement of Black Empowerment generally

and in particular by reference to its own personnel and its suppliers; and

13.3 comply to the full extent reasonably possible with the B-BBEE policies adopted by SAFCOL and its

subsidiaries from time to time and for the time being; and

13.4 proactively engage with SAFCOL and its subsidiaries at intervals of no less than 6 (six) months to

review all aspects of the Supplier/Service Provider B-BBEE initiatives as will have applied hitherto,

with particular reference to secondment of previously disadvantaged individuals and training of

such previously disadvantaged individuals.

14 DEFINITIONS

14.1 “Agreement” means the agreement as entered into by SAFCOL and its subsidiaries as well as the

Supplier/Service Provider.

14.2 “Public Official” shall include:

14.2.1 any minister, civil servant, director, officer or employee or other official of any government or

any department, agency or body, and/or of any government-owned or controlled company, any

company or enterprise in which a government owns an interest of more than thirty percent,

and/or of any public international organization;

14.2.2 any person acting in any official, legislative, administrative or judicial capacity for or on behalf

of any government department, agency, body, or public international organization, including

without limitation any judges or other court officials, military personnel and customs, police,

national security or other law enforcement personnel; and

14.2.3 any close family member of any of the foregoing. For avoidance of doubt, the term "Public

Official" shall include all directors, members, officers and employees of SAFCOL and its

subsidiaries.

14.3 “Facilitation Payments” shall include infrequent payments made to a Public Official to facilitate

routine, non-discretionary governmental actions that:

14.3.1 the Public Official ordinarily performs; and

14.3.2 SAFCOL and its subsidiaries are entitled to under:

14.3.2.1 the contract of employment with that Public Official, or 14.3.2.2 the laws of the relevant country.

14.4 “Blacklisted Party” means any person who is identified from time to time by any government or

legal authority under applicable trade sanctions, export controls, anti-money laundering, non-

proliferation, anti-terrorism and similar laws as a person with whom trade or financial dealings and

transactions by SAFCOL and/or its affiliates are prohibited or restricted.

14.5 “Parties” means parties in terms of the Agreement.

15 LEGAL STATUS OF THIS SCHEDULE

15.1 This Schedule constitutes an integral part of the Agreement entered into between the Parties

relating to the subject matter hereof and no variation or addition hereto or consensual cancellation

hereof shall be of any force or effect unless reduced to writing and signed by both Parties.

15.2 No indulgence granted by either party in regard to the carrying out of any of the other party's

obligations in terms of this Schedule shall prejudice or constitute a waiver of any of the first-

mentioned party's rights in terms of this Schedule (unless expressed as such in a written document

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signed by the party granting the indulgence) nor shall it serve to estop the such party from strictly

enforcing its rights in the event of a subsequent breach thereof.

16 GOVERNING LAW AND JURISDICTION

16.1 This Agreement shall be governed by and construed and enforced in accordance with the laws of

the Republic of South Africa and the Parties expressly submit to the jurisdiction of the South African

Courts, notwithstanding that any of the services or supplies may be carried inside or outside the

Republic.

16.2 The Parties hereby consent to the jurisdiction of the Magistrate's Court in relation to any matter

arising out of this Agreement or any cancellation thereof.

16.3 Notwithstanding the provisions of 16.2, either party shall be entitled to institute proceedings in any

High Court having jurisdiction.

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Schedule 9: Ethical Commitment

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Schedule 9: Ethical Commitment

We (name of entity) undertake to comply with the

highest ethical principles during the price quotation process and in all interaction with Komatiland Forests.

We will not offer or attempt to influence or make payments or gifts (monetary or otherwise) to anyone for

the purpose of wrongfully influencing decisions in favour of ____________

(name of entity), directly or indirectly.

We are aware of the official communication channels for the purposes of this price quotation process, and

understand that no representation by any person outside of this process can be construed as representing

or binding Komatiland Forests in any way.



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Schedule 10: Authority to Sign

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Schedule 10: Authority to Sign

I, (name) , hereby confirm that I am

duly authorised to sign the qualification application pack for and on behalf of (company name)

Capacity and particulars of the authority under which this Bid is signed (e.g. a copy of a Board resolution

authorising the person to sign on behalf of the Company)

Name of Applicant (Company)

Signature of authorised person:

Date

Telephone number of authorised person

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Komatiland Forests (Pty) Limited – General Operating Conditions

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1. VEHICLES AND EQUIPMENT

1.1. No vehicle or equipment that leaks fuel or oil or other fluids may be used on KLF property.

1.2. No major repairs will be allowed on KLF property except with specific written approval from the KLF

Site Manager.

1.3. Vehicles or equipment will be subject to inspection and approval by KLF.

1.4. The contractor shall provide and maintain its own equipment, unless otherwise agreed in terms of a

written contract.

1.5. Vehicles or equipment will be left on KLF property at own risk.

1.6. Only roadworthy and fully licensed vehicles may be used on KLF property, and only licensed /

competent drivers will be allowed to operate the vehicles/equipment.

2. USE OF ROADS

2.1. Only vehicles suitable for specific road conditions will be allowed as approved by the KLF Site

Manager.

2.2. All plantation roads will be considered closed after more than 25-mm rain within a 24-hour period

and may only be used before the end of the next 24-hour period with permission from the Plantation

Manager.

2.3. Vehicles must drive on KLF property with lights on at all times.

2.4. Transport and heavy vehicles will only be allowed on demarcated roads.

2.5. All roads must be kept open at all times.

2.6. Any restrictions as laid down by the KLF Site Manager regarding speed limits, turning points and

parking etc., must be adhered to.

3. FIRES AND SMOKING RESTRICTIONS

3.1. No open fires are to be made under any circumstances.

3.2. Smoking will only be allowed in designated safety areas and may be prohibited during periods of

extreme fire danger.

3.3. Special precautions must be implemented to safeguard smoking areas. Fire extinguishers or water

should be available.

3.4. Prescribed fire protection must be available and in working order at operations involving usage of

machines, chainsaws etc.

3.5. Storage and usage of flammable liquids and material, which may cause fires, will only be allowed in

terms of conditions prescribed by the KLF Site Manager.

4. SAFETY

4.1. Applicable warning signs, must be erected / displayed at all operations.

4.2. Proper communication should be available for reporting of accidents. No team or individual should be

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isolated to the extent that timeous assistance cannot be called for.

4.3. Prescribed first aid equipment should be available at all activities.

4.4. Injuries and incidents to be reported at the regular project meetings.

4.5. Serious accidents and fatalities to be reported to the KLF Project Manager within 4 hours.

5. DAMAGE TO PROPERTY

5.1. The contractor will be held liable for damage to growing stock, property and assets of KLF, caused by

his activities, lighting of fires or carelessness, or neglect of his employees in general.

5.2. Accidental or other damage to be reported as soon as possible after it occurs.

6. ENVIRONMENTAL MANAGEMENT PRACTICES

6.1. Special management, conservation or no-go areas may not be damaged or degraded in any way.

6.2. Collection of plants, plant products, wild flowers, game etc., (Fauna and Flora) is prohibited.

6.3. Contractors must adhere to sound environmental practices and report any negative impacts

identified in the conduct of operations.

6.4. All refuse, empty containers etc., at work place must be removed at contractors own cost.

6.5. Preventative measures against soil pollution must be implemented and actual cases of pollution

reported to the KLF Project Manager.

7. TOOLS AND EQUIPMENT

7.1. Tools and equipment must be maintained in a proper condition to ensure effective usage and not to

pose a safety hazard to people or property.

8. SUPERVISION

8.1. Employees may not be allowed to work without adequate and competent supervision.

8.2. Contractors will be held responsible and accountable for the conduct and negligence of sub-

contractors /service providers working under their direction.