rfb60078: request for proposal for the lease of …

REQUEST FOR PROPOSAL FOR THE LEASE OF SUITABLE OFFICE ACCOMMODATION FOR THE CIDB PROVINCIAL OFFICE IN THE EASTERN CAPE

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For cidb Witness Bidder Witness

RFB60078: REQUEST FOR PROPOSAL FOR THE LEASE OF

SUITABLE OFFICE ACCOMMODATION FOR THE CIDB

PROVINCIAL OFFICE IN THE EASTERN CAPE FOR A

PERIOD OF 3 YEARS WITH AN OPTION TO RENEW

VOLUME 1 OF 4: INSTRUCTION TO BIDDERS


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CHECKLIST OF RETURNABLE SCHEDULES AND DOCUMENTS

Please adhere to the following instructions

• Tick in the relevant block below, the documents and schedules that form part of

your response

• Use the prescribed sequence in attaching the annexes that complete the Bid

Document

ITEM MANDATORY CHECK BOX ()

Annexure A. Proof of ownership of building

Annexure B. Building Details

Annexure C. Proof of building classification

Annexure D. Indicative Space planning layouts for Premises to be Leased

Annexure E. Up to date Municipal account not older than three (3) months and not over three (3) months in arrears for the Property

And /or

Up to date Levy Statement not older than three (3) months and not over three (3) months in arrears) (if property in an office block)

Annexure F. Building Condition and maintenance Plan

Annexure G. ISP connectivity coverage map/ similar document

Annexure H. Marked up Lease Agreement

Annexure I. Safety and Security

Annexure J. Declaration of any other material information that cidb may need to know.

Annexure K. Accessibility

Annexure L. Company Profile

Annexure M. Company Reference Letters


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INDEX

NO CLAUSE HEADING PAGE

1 GLOSSARY OF TERMS................................................................................ 5

2 IMPORTANT NOTICE ................................................................................... 7

3 RESPONDENTS’ DUE DILIGENCE .............................................................. 8

4 COMPULSORY BRIEFING SESSION ........................................................... 8

5 BID DOCUMENTS ......................................................................................... 8

6 SUBMISSION OF PROPOSALS ................................................................... 8

7 RFP LIAISON STRUCTURE ....................................................................... 10

8 GENERAL PROPOSAL REQUIREMENTS ................................................. 11

9 PROPOSAL VALIDITY ................................................................................ 13

10 PROJECT BACKGROUND ......................................................................... 13

11 LEASE PERIOD .......................................................................................... 17

12 OCCUPANCY DATE ................................................................................... 17

13 LEGAL FRAMEWORK OF THE PROJECT ................................................ 17

14 PROJECT PROCUREMENT PROCESS AND PROGRAMME .................... 19

15 MANDATORY RESPONSE REQUIREMENTS ............................................ 21

16 QUALIFICATION AND EVALUATION ........................................................ 22

17 CONFIDENTIAL INFORMATION ................................................................ 28


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18 INTELLECTUAL PROPERTY...................................................................... 29

19 INDEMNITY ................................................................................................. 29

20 GOVERNING LAWS AND RULES .............................................................. 29

21 INCORRECT OR MISLEADING INFORMATION ........................................ 33


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1 GLOSSARY OF TERMS

For purposes of this document, the following definitions are used and all references to

legislation are to legislation as amended from time to time:

1.1 “BBBEE” has the meaning defined in the Broad Based Black Economic Empowerment Act, Number 53 of 2003;

1.2 “Bid” means a proposal submitted by a Respondent in response to this RFP;

1.3 “Bidder”

1.4 “Black People”

means an owner/entity/ joint venture/ consortium who having received the RFP intends to respond thereto by submitting a proposal;

has the meaning defined in the Broad Based Black Economic Empowerment Act 53 of 2003;

1.5 “Commercial Close” means the date of signature of the Lease Agreement for the Project, and if signed on different dates, the last of such dates;

1.6 “Consortium” means any group of persons wishing to be considered for the provision of the Services required under this RFP, irrespective of whether there is any formal agreement between them;

1.7 “Constitution” means the Constitution of the Republic of South Africa, Act 108 of 1996;

1.8 “cidb” means the Construction Industry Development Board;

1.9 “Financial Institution” means a bank as defined in section 1 of the Banks Act Number 94 of 1990, any pension fund or provident fund registered in terms of the Pension Funds Act, Number 24 of 1956, as amended from time to time, any unit trust scheme as defined in section 1 of the Unit Trusts Control Act, Number 54 of 1981, any long-term insurer as defined in section 1 of the Long Term Insurance Act, Number 52 of 1998, or any short-term insurer being a person registered, or deemed to be registered, as a short-term insurer in terms of the Short-Term Insurance Act, Number 53 of 1998;

1.10 “Government” means the Government of South Africa constituted in terms of the Constitution, any one or more of the three spheres of Government being national, provincial and municipal;


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1.11 “Member” means, with respect to a Respondent, which is a Consortium, each member thereof, including each Relevant Entity;

1.12 “Major Routes”

1.13 “PFMA”

means a class 2, 3 or 4 road classification as per TRH 26 of the South African Road Classification and Access Manual;

means the Public Finance Management Act, Number 1 of 1999;

1.14 “Lease Agreement” means the agreement to be entered into by the cidb with the successful bidder for the Lease of Suitable Office Accommodation for the Provincial Office as contemplated in Volume 2: Lease Agreement, of the RFP documentation;

1.15 “Project” means the Lease of the suitable Office Accommodation for the Provincial Office of cidb in the particular province under the proposed Lease Agreement;

1.16 “Project Officer” The Officials authorised by the cidb to interact with Respondents for this RFP as named in this document;

1.17 “Respondent” means owner/ entity/ joint venture/ consortium responding to the RFP;

1.18 “RFP” means the request for proposal issued by the cidb which is made up of the following:

(i) Volume 1 of 4: Instructions to Bidders,

(ii) Volume 2 of 4: Lease Agreement,

(iii) Volume 3 of 4: Technical Output Specification; and

(iv) Volume 4 of 4: SBD Forms.

1.19 “Successful Bidder” means the Respondent who following evaluation of its proposal in response to the RFP is selected by the cidb as the party with whom to conclude the Lease Agreement;

1.20 “Transaction Advisor” means the transaction advisors appointed by the cidb, to provide advisory services in relation to the Project;

1.21 “ZAR” or “Rand(s)” means the South African Rand, being the official currency of South Africa.


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2 IMPORTANT NOTICE

2.1 The cidb provides the information which is contained in or sent with this RFP or

which is made available in connection with any further enquiries or in subsequent

Briefing Notes, in good faith.

2.2 This document (which expression shall include all other information, written or oral,

made available during the procurement process) is being made available by the

cidb to potential Respondents on the condition that it is used solely for this

procurement process and for no other purpose. The cidb is not obliged to accept

any response to this RFP.

2.3 This RFP describes the process, programme and anticipated timetable relating to

the procurement of the Project and the requirements of the cidb.

2.4 Respondents to this RFP will be deemed to have satisfied themselves as to the

authority of the cidb to procure the Project and to be fully acquainted with the laws

of South Africa (including without limitation all statutes and regulations on a

national, provincial and municipal level).

2.5 Respondents are therefore, at any stage of the Project, not entitled to request any

additional information, advice or opinion from any of the Transaction Advisors of

the cidb.

2.6 The recipient should not consider this RFP as an investment recommendation by

the cidb, its officials, employees or any of its advisors.

2.7 Each Respondent to whom this RFP (and other related documents) is made

available must make his, her or its own independent assessment of the Project.

2.8 While reasonable care has been taken in preparing this RFP and other related

documents, it does not purport to be comprehensive or to have been verified by

the cidb, its officials, employees, advisors or any other person. The cidb, its

officials, employees or any of its advisors do not accept any liability or responsibility

for the adequacy, accuracy or completeness of any of the information or opinions

stated in this RFP or other related documents.

2.9 No representation or warranty, express or implied, is or will be given by the cidb,

or any of its officers, employees, servants, agents or advisors with respect to the

information or opinions contained in this RFP or other related documents. Any

liability in respect of such representations or warranties, howsoever arising is

hereby expressly disclaimed.

2.10 The cidb reserves the right to amend, modify or withdraw this RFP, or to amend,

modify or terminate any of the procedures or requirements of the RFP at any time


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and from time to time, without prior notice and without liability to compensate or

reimburse any Respondent.

2.11 If any Respondent or Bidder, its employees, advisors or agents make or offer to

make any gift to any public official or employee of the cidb, consultant or

Transaction Advisors to the cidb on the Project either directly or through an

intermediary then, such Bidder or Respondent will be disqualified forthwith from

participating in the procurement of the Project or the Project.

3 RESPONDENTS’ DUE DILIGENCE

3.1 Respondents must perform an appropriate due diligence on all technical, legal,

financial, environmental, town planning, heritage and other matters relevant to the

Project to enable Respondents to submit proposals that are based on verified and

accurate information.

3.2 Upon receipt of proposals from Respondents, the cidb will assume that the

Respondent has sufficiently familiarized themselves with the content of the RFP,

its volumes, schedules and related annexures.

4 COMPULSORY BRIEFING SESSION

4.1 Bidders are required to attend a compulsory briefing session on:

Date: 3rd April 2020

Venue: Department of Public Works, Qhasana Building, Independence

Avenue, Bisho, Eastern Cape

Time: 11h00

5 BID DOCUMENTS

5.1 RFP documents, are obtainable from the cidb website: www.cidb.org

6 SUBMISSION OF PROPOSALS

6.1 Closing date

http://www.cidb.org/


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Respondents must submit their proposals on the 20th April 2020 not later than

11h00 at Reception, cidb Head Office, SABS Campus, Block N & R, 2 Dr

Lategan Road, Groenkloof, Pretoria in the Tender Box.

Faxed and Emailed submissions will not be accepted.

6.2 Postponement of closing date

The cidb reserves the right to postpone the submission date as indicated in Clause

6.1 above, however, Respondents should not pre-empt or rely on any

postponements of the submission date as the cidb does not foresee any reasons

for postponement at this stage.

6.3 Late submissions

No late submissions will be accepted by the cidb.

6.4 Incomplete submissions

Incomplete submissions, namely submissions that do not contain a response as

contemplated in this RFP will be marked as incomplete, and may, at the cidb’s sole

discretion, be rejected.

6.5 Proposals to be considered

Only proposals submitted by Bidders will be considered for evaluation.

6.6 Correction of Errors

The complete Proposals shall be submitted without alterations, erasures or

omissions, except those to accord with instructions issued by the Project Officer

through Briefing Notes, in which case, such corrections shall be initialled in black

ink by the person or persons signing the proposal.

6.7 Amendments to Proposals

The cidb reserves the right, subject to compliance with legal administrative

requirements, to request and accept any amendment to or modification of any

aspect of any proposal from any selected or Successful Bidder at any time.

6.8 Cost of Submitting Proposals

6.8.1 Each Respondent, its relevant entities or any other person shall bear all

costs associated with the preparation and submission of its proposal(s),

including all its own costs incurred on any of the stages in the procurement

process.


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6.8.2 Should the process be terminated at any stage as a result of it being

tainted by the corrupt activities of one or more of the Respondents and/or

Member(s) whether in breach of the provisions of this RFP or other

applicable legal requirements, then the cidb shall have the right to recover

from the said Respondent and/or Member(s) whose conduct has tainted

the process any other damages or costs to the cidb flowing from such

termination.

7 RFP LIAISON STRUCTURE

7.1 The cidb has implemented a liaison structure whereby the Project has been

allocated a Project Officer, Elenore Downing.

7.1.1 Respondents are advised to address all correspondence relating to this

Project to the following people as indicated below:

Technical Queries: Elenore Downing

E-mail: [email protected]

Bidding Process: Sphiwe Mlangeni

Telephone: +27(12) 482 7328

E-mail: [email protected]

7.1.2 All correspondence from the Respondent should be addressed to the

Project Officer and must be signed by an authorised person or persons,

legally binding the Respondent. All such signatures must indicate the

name(s) of the person(s) signing them, their position(s) and the name of

their organisation.

7.1.3 Any additional information, responses to queries and/or changes to the

RFP will be communicated to Respondents in the form of Briefing Notes.

Respondents are advised to ensure that they have received all issued

Briefing Notes.

7.1.4 Bidders may ask for clarification on this RFP invite up to 5 (five) business

days before the closing date specified for this RFP.

mailto:[email protected]



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8 GENERAL PROPOSAL REQUIREMENTS

8.1 Format of Proposals

8.1.1 Signing requirements of a single entity

8.1.1.1 Where the Respondent is a single legal entity, the principal

or person(s) duly authorised to legally bind the legal entity

concerned shall sign the original proposal. Each such person

or persons shall be properly authorised to sign such

documentation by way of a formal resolution by the board of

directors, or its equivalent, of the organisation concerned.

Copies of such an authorisation, authorising the signatory to

the proposal, resolution, properly dated, must accompany

each proposal in the format provided in the RFP.

8.1.1.2 In addition, the signatory shall make a written declaration to

the effect that all documentation signed by him or her is

factually correct and true.

8.1.2 Signing requirements of a consortium or joint venture

8.1.2.1 Proposals submitted by a consortium or a joint venture shall be

signed by the lead Member so as to legally bind all the

constituent members of the consortium.

8.1.2.2 Proof of the authorisation of the lead Member to act on behalf

of the consortium or a joint venture shall be included in the

proposal submitted.

8.1.2.3 The lead Member shall be the only authorised party to make

legal statements and receive instruction for and on behalf of any

and all partners of the consortium or the joint venture.

8.1.2.4 A copy of the agreement entered into by the consortium

partners or the joint venture partners for the formation of the

consortium or joint venture shall be submitted with the

Proposal.

8.1.2.5 The consortium/joint venture must submit a consortium/joint

venture BBBEE certificate.

8.1.2.6 In addition, every signatory shall make a written declaration to

the effect that all documentation signed by him or her is factually

correct and true.

8.1.3 Format of submissions


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8.1.3.1 Respondents are requested to submit their bids in a clearly

structured way. All parts of the proposal are to be clearly

headed, pages should be numbered, and a detailed content

listing is to be provided. The bids should follow a consistent

numbering system (volumes, sections, headings, paragraphs,

sub-paragraphs, etc.) that allows for easy cross-referencing,

both within the proposal and also in terms of clarification

questions, etc.

8.1.3.2 All proposals should be submitted in the format as prescribed

(in PDF and MS Word or Microsoft compatible products) and

according to the following instructions:

8.1.3.2.1 1 (one) original printed and in an arch lever file

and 2 (two) hard copies in arch lever or other

suitable files thereof clearly marked as ‘original’,

and each copy marked as ‘copy 1’, ‘copy 2’, etc);

and full 1 (one) electronic copy saved in a

memory stick clearly marked.

8.1.3.2.2 Only proposals completed in English will be

accepted.

8.1.3.2.3 The onus is on the Respondent to submit all

relevant information.

8.1.3.2.4 Respondents must warrant that copy 1 and 2,

and together with the electronic copy, are

identical to the submitted original and accept that

any inconsistency between the original

submission and any copy/(ies) will be at their

sole risk.

8.1.3.2.5 Respondents are nonetheless requested to

avoid unnecessary duplication or repetition of

information, and not to submit irrelevant

information.

8.1.3.2.6 A cover letter with contact details for the

authorised person representing the lead

Member should be submitted.

8.1.4 Identification of Proposal document

8.1.4.1 Bidders should prepare and submit proposals that are clearly

and visibly identifiable as a Proposal for Tender Number


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RFB60078 and include the following information on the outside

of the Proposal:

Name of the Bidder;

Tender number;

Bid description;

“Original” or “Copy” clearly indicated;

Date of submission; and

Identification of each Proposal parcel.

8.1.4.2 Each and every Proposal parcel included in the proposal

document should clearly indicate the following information:

Name of Bidder;

Tender number;

Bid description;

“Original” or “Copy” clearly indicated; and

Parcel identification including volume description

8.2 Standard Proposals to be Submitted

Bidders should prepare and submit a standard Proposal that includes amongst

other things the Essential Minimum Requirements described below.

9 PROPOSAL VALIDITY

9.1 Validity Period

Proposals shall remain valid and open for acceptance for a period of 120 (one

hundred and twenty) days from the closing date, and any agreed extension of

the validity period.

9.2 Extensions to the Validity Period

The cidb may, in exceptional circumstances, request the Respondent for an

extension of the validity period, prior to the expiry of the original proposal validity

period. The request and the response thereto shall be made in writing. A

Respondent agreeing to the request will not be permitted to modify its Proposal.

10 PROJECT BACKGROUND


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10.1 The Construction Industry Development Board (cidb) is a Schedule 3A public entity

that was established by Act of Parliament (Act 38 of 2000). The cidb Provincial

Offices are located at:

Gauteng

Blocks N & R, SABS Complex, No:2 Dr Lategan Road, Groenkloof, Pretoria, 0181

Limpopo

Department of Public Works Tower Building, 1st Floor, 43 Church

Street, Polokwane, 0700

Eastern Cape

Department of Public Works, Qhasana Building, Independence Avenue Bisho,

2485

Free State

Department of Public Works Medfontein Building, Ground Floor, St Andrews

Street, Bloemfontein, 9300

KwaZulu Natal

Department of Public Works Building, 428 Blinkbonnie Road, Mayville, Durban

4000

Mpumalanga

Nelcity Building Office No G15, Corner Samora Machel & Paul Kruger, Nelspruit

1200

North West

Department of Public Works Old Parliament Building, Modiri Molema Road, Gate

House Mmabatho

Northern Cape

Regional Department of Roads & Public Works, 45 Schmidtsdrift Road, Kimberly

8301

Western Cape

4 Dorp Street, Cape Town, 8000


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10.2 In order to deliver on the mandate of the cidb and to optimize services to

stakeholders, it is critical that the cidb office infrastructure is adequate. To achieve

this goal, office infrastructure plans have been developed. The cidb has prepared

office space requirements (Schedule A) and accommodation norms for the

provincial office.

10.3 Rationale for the Project

The purpose of this Project and the terms of reference is for the procurement of

suitably qualified service providers to submit proposals for the provision of an office

accommodation solution lease, that includes offices space, parking facilities, space

planning and where necessary, refurbishments to meet the cidb’s brief for the

Provincial Offices.

10.4 Project Objectives and Goals

10.4.1 The primary objective of issuing this RFP is for the cidb to conclude a

Lease Agreement with a suitably qualified Successful Bidder.

10.4.2 The Project is planned to actively promote a range of cidb objectives.

10.4.3 The cidb has identified Project goals which are imperative to the

development of the Project.

10.4.4 The Project goals are as follows:

10.4.4.1 procurement of a cost effective, consolidated and compliant

working environment within an optimal project structure.

10.4.4.2 successful achievement of the Technical Specifications

developed for the Project.

10.5 Understanding User Needs

10.5.1 The building must comprise of 657 m2 the Gross Leasable Area (GLA)

depending on the configuration, measured according to the latest SAPOA

Method for Measuring Floor Areas (MOMFA) for Offices. The square

meters indicate the intended offices, workspace, support- and special

areas provided in the new cidb Provincial Office Accommodation.

10.5.2 The parking for the building should conform to the minimum requirements

of number of parking bays as per Schedule A.

10.5.3 The office accommodation should cater for a combination of general open

space environment in line with sample office layout in Volume 3 page 5.

10.5.4 No warehouse or industrial type buildings will be accepted.


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10.5.5 Office accommodation sourced in a multi-tenanted building has to be a

separate office area with own entrance / exit.

10.5.6 The Successful Bidder will carry out the full Tenant fit out and space

planning and the premises/building.

10.5.7 The successful bidder will be responsible for the total cost of alterations

and compliance certification necessary to adapt the offered

accommodation to the specific needs of the cidb. The bidder should make

adequate provision for tenant installation in the offer.

10.5.8 The new cidb Provincial Office Accommodation will furthermore

incorporate design, construction and operational practices that will

significantly reduce or eliminate the negative impact of the development

on the environment and people. The building will be energy

efficient, resource efficient and environmentally responsible.

10.6 Building Type

10.6.1 The requirement of the building must be Grade A, and must meet following

minimum requirements:

10.6.1.1 Generally not older than fifteen (15) years or buildings which

have had major renovation;

10.6.1.2 High quality modern finishes;

10.6.1.3 Air conditioning;

10.6.1.4 Adequate on-site or adjacent parking;

10.6.1.5 Good quality lobby finish;

10.6.1.6 Quality access to / from an attractive street environment;

10.6.1.7 Good safety and security;

10.6.1.8 Has generator.

10.7 Site accessibility

10.7.1 Either stand-alone offices or office building or separate floor in multi-

tenanted building with own entrance / exit to the floor/offices;

10.7.2 Prominent and easy to find;

10.7.3 Preferably street level client area offices in a multi-tenanted building;


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10.7.4 Easily accessible to public and employees;

10.7.5 Adequate, safe parking for both visitors and employees.

10.8 Location

The location of the provincial offices is proposed as follows:

10.8.1 East London CBD and surrounding areas. To the extent possible, and

subject to the suitability of such accommodation, cidb Provincial Offices

will be located close to Provincial- and / or Regional Public Works

Departments.

10.8.2 The Office accommodation should be in a safe, secure area and close to

public transport.

11 LEASE PERIOD

The lease is for a period of three (3) years with an option to review for a maximum of twenty-four (24) months.

12 OCCUPANCY DATE

The successful bidder’s premises/building must be available for occupation by the cidb, 3

(three) months after signature of the lease agreement.

13 LEGAL FRAMEWORK OF THE PROJECT

13.1 It is the intention of the cidb upon receipt of proposals to consider and evaluate the

proposals from Respondents, having regard to the extent to which each proposal

is likely to achieve the Project objectives and goals, applying the qualification and

evaluation criteria set out below.

13.2 Finalising the Lease Agreement

13.2.1 Respondents may only make comments and mark-up the Lease

Agreement (Volume 2) on commercial issues. In the event that

Respondents have made any such comments or mark- ups their response

should be attached as Annexure H (Comments and Mark-ups on

Commercial Issues).


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13.2.2 Mark-ups and Comments to the Lease Agreement should be marked-up

and presented electronically in MS Word format, 2003 version or later on

the memory stick together with the full response as per clause 8.1.3.

13.2.2.1 Documents should be marked up with track changes,

documents that have not been marked-up with tracked

changes will be not be considered.

13.2.2.2 Each mark-up is to be motivated by way of a consecutively

numbered footnote to the change.

13.2.2.3 word processor changes should be in the following format:

13.2.2.3.1 deletion - strike through and tracked.

13.2.2.3.2 insertions - underlined, in bold and tracked.

13.2.2.3.3 comments/ reasons for changes - footnote, to be

inserted immediately after the proposed change, and

inserted as an "Insertion" (i.e. underlined, in bold and

tracked).

13.2.2.4 Bidders are not allowed to re-number any provisions of the

Lease Agreement.

13.2.3 Additional requirements

Bidder must provide certification of compliance in relation to the following prior

occupation:-

• Certificate of occupation

• Electrical installation certificate

• Certificate of compliance of the building

• Fire Fighting Equipment certificate

• Lifts compliance documents

• Most recent floor plans of the office and the parking approved by a

registered professional architect

• Universal access, it must accommodate people with disability, internally

and externally in compliance with relevant Acts

• Occupational Health & Safety certificate and any other documentation the

cidb may require

All of the above will be required prior to occupation and signing of the Lease

Agreement.


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14 PROJECT PROCUREMENT PROCESS AND PROGRAMME

14.1 Procurement Process

14.1.1 The Project procurement process philosophy is based, amongst other

things, on the following considerations:

14.1.1.1 an accelerated procurement strategy being adopted.

14.1.1.2 extensive Respondent interaction at an early stage being

introduced.

14.1.1.3 curtailed negotiation phase with prompt Financial Close

being pursued by the cidb; and

14.1.1.4 Respondent commitment to the Financial Close

programme.

14.1.2 The Project procurement process consists of the following phases:

14.1.2.1 issuance of the RFP.

14.1.2.2 submission of Respondents’ proposals.

14.1.2.3 evaluation of proposals.

14.1.2.4 negotiations.

14.1.2.5 selection and announcement of Successful Bidder.

14.2 Meetings

14.2.1 Respondent meetings:

14.2.1.1 In order to ensure that the submission date deadline is

met and to enable well thought through and thorough

proposals, the procurement process envisages on-going

interactions with Respondents that are structured in such

a way so as to not prejudice the process or compromise

the competitive position of any Respondent, but that will

enable transparency and a competitive outcome that will

benefit the cidb.

14.2.1.2 Prospective Respondents will be required to attend a

compulsory briefing session on the Project.

14.2.2 Further meetings:


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The cidb reserves the right to arrange Respondent interviews to further

clarify matters relating to submitted proposals.

14.2.3 Briefing Notes

All information in written form provided on an ad hoc basis by the cidb

whether in response to a query or otherwise will be issued in the form of

a Briefing Note. Briefing Notes will be sequentially numbered. It will be the

responsibility of each Respondent to ensure that it refers to and takes

account of such Briefing Note(s) in any submission(s) to the cidb, or its

proposal. Briefing Notes will be provided electronically to Bidders.

14.3 Project Procurement Programme

14.3.1 The procurement of the Successful Bidder, will be undertaken in a single

phase, being the RFP phase, which may be at the discretion of the cidb.

14.3.2 The dates and milestones below are a guideline of the Project

procurement program and are subject to change at the discretion of the

cidb.

Milestones Date

1. Issue of RFP documentation 20th March 2020

2. Compulsory briefing session 3rd April 2020

3. Final date to submit queries 13th March 2020

4. Closing date of RFP 20th April 2020


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15 MANDATORY RESPONSE REQUIREMENTS

15.1 The bidder’s proposals must include the requirements outlined herein, failure to do

so will result in the disqualification of your bid.

MANDATORY REQUIREMENTS Comply (Yes/ No)

1. PROPERTY OWNERSHIP

Bidder must be the owner of the property leased. If the owner provides the power of attorney to act on his/her behalf a copy of the power of attorney must be included in the submission of the bid.

A signed deed of sale agreement will be considered for property that is sold by one entity to the other.

Compliance requirement: i) Certified copy of the Title deed if owner is directly bidding ii) If acting on behalf of the owner attach both certified copy tittle deed

and copy of power of attorney/ signed mandate letter.

2. PROPERTY SIZE

The building must comprise a minimum of 657 m2 Gross Leasable area (GLA) depending on the configuration, measured according to the latest SAPOA Method for Measuring Floor Areas (MOMFA) for Offices.

3. LOCATION OF PREMISES

The building must be within the East London CBD and surrounding areas

Compliance Requirements:

• Street address

• GPS coordinates

• Google Maps satellite print out; and

• Stand/ERF number

4. SPACE PLANNING

The Bidder must provide space planning layouts.


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MANDATORY REQUIREMENTS Comply (Yes/ No)

5. BUILDING SUPPORT SERVICES

The following services must be available on occupation i) Water ii) Electricity iii) Sanitation iv) Refuse removal services

Electricity and Water should have back up facilities for business continuity. Compliance requirement:

i) Up to date Municipal Account not older than three (3) months and not over three (3) months in arrears; AND/OR

ii) Up to date Levy Statement not older than three (3) months and not over three (3) months in arrears) (if property in an office block)

iii) Utility Statement submitted older than 60 days in arrears accompanied with proof of payment that it has been settled.

16 QUALIFICATION AND EVALUATION

16.1 Evaluation Structure

16.1.1 The cidb has formed a series of bodies to undertake the evaluation

process against the stated evaluation criteria. There will be a 3 (three) tier

approach, being:

16.1.1.1 the Bid Evaluation Committee, comprised of officials from the

cidb and any other government official(s) or external expert(s),

who may be appointed by the accounting officer in writing, to

provide professional advice and input regarding the, technical,

financial, and BBBEE aspects of the proposals, reporting to the

Bid Adjudication Committee. The Bid Evaluation Committee,

assisted by its sub-committees on technical, financial, and

BBBEE aspects, shall evaluate the proposals received from the

Respondents, considering the inputs, reports and advice, if any,

from the Transaction Advisors of the cidb.

16.1.1.2 the Bid Adjudication Committee comprised of the cidb’s officials

and any other government official(s) or external specialist(s) or

expert(s) will consider the recommendations from the Bid

Evaluation Committee on the Successful Bidder. The Bid

Adjudication Committee will, on the basis of the

recommendations received from the Bid Evaluation Committee,


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further recommend to the Accounting Officer the outcome of the

Bid Evaluation Committee’s report.

16.1.1.3 The Accounting Officer shall, after taking into consideration

inputs and conclusion(s) of the Bid Evaluation Committee,

recommendation of the Bid Adjudication Committee and input

professional advice, make a determination which Respondent,

if any, is to be awarded Successful Bidder status.

16.1.2 The Accounting Officer reserves the right to modify and amend the above

procedures, subject to applicable law at its discretion in appropriate

circumstances. Bidders will be notified of any material changes.

16.2 Evaluation Approach

16.2.1 The cidb has adopted a 3 (three) stage approach in assessing, analysing

and evaluating Proposals, being:

16.2.1.1 First stage: Administrative / Mandatory Requirements

16.2.1.2 Second stage: Functionality and site visit

16.2.1.3 Third stage: Price and B-BBEE

16.3 First stage: Administrative/Mandatory Requirements

The Bidders must fully comply with the Mandatory requirements and those bidders

who fail to comply will be disqualified from the process.

16.4 Second stage: Functionality and Site Visit

16.4.1 The purpose of application of qualification criteria is to determine the

functionality of each proposal by assessing the quality and the robustness

thereof.

16.4.2 Below is a detailed breakdown of the scoring criteria for each individual

proposal:

TECHNICAL CRITERIA SCORE

SPACE REQUIREMENTS

(i) Layouts assessment: Bidder to provide indicative space planning layout

for the building proposed as per Schedule A focusing on work, support,

public and shared space [15]:

15


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Sub-criteria Score

More than 8 omissions from cidb schedule of accommodation

0

8 omissions from cidb schedule of accommodation

3


6


9


12

All items as per cidb schedule of accommodation are included in space plans

15

PARKING REQUIREMENTS

Parking Bays which are easily accessible.

Sub-criteria Score

<2 parking bays per 100 m2 GLA 0

< 3 parking bays per 100 m2 GLA provided on site and in adjacent buildings

5

3 parking bays per 100 m2 GLA in adjacent buildings, and /or on site

7

4 parking bays per 100 m2 GLA provided on site

10

10

SAFETY & SECURITY

Sub-criteria Score

External alarm monitoring 2

CCTV 2

Smoke detection 2

Evacuation 2

Pedestrian barriers; 2

14


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Perimeter protection 2

Lightning and surge protection 2

BUILDING CONDITION

(i) Generator and UPS provided and maintenance records as per Volume 3

section 1.8.4 [8]

(ii) Water tank/s integrated into the building water supply system,[4]

(iii) LED lighting and energy efficiency, and [4]

16

MAINTENANCE PLAN

(i) Provide the maintenance plan for the building for the preceding 3 years,

clearly demonstrating the execution of planned maintenance as well as

the % of maintenance that was deferred- and unplanned. If this is a new

building, provide a maintenance plan for a similar building. [7]

• Maintenance plan executed, 5% unplanned/ deferred items = 7

• Maintenance plan executed, 10% unplanned/ deferred items = 5

• Maintenance plan executed, 10%+ unplanned/ deferred items = 3

(ii) Provide a copy of the maintenance plan for the period of lease. The plan

has to provide details of maintenance categories, dates of planned

maintenance, etc. [3]

• Details of maintenance categories, dates of planned maintenance, etc

provided = 3

• No details of maintenance categories, dates of planned maintenance,

etc = 0

10

FIBRE CONNECTIVITY

Sub-criteria Score

Not in a fibre enabled area and/or building not connected

0

Fibre enabled area but building not connected

6

Fibre enabled area and building connected

10

10


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ACCESSIBILITY

1. Property to be close to major routes and amenities [5]

2. Property to meet requirements for people with disability [5]

10

RELEVANT SKILLS, EXPERIENCE AND OFFICE ACCOMMODATION

LEASING INDUSTRY EXPOSURE:

Provide a company profile, clearly demonstrating relevant experience in providing

leased office accommodation services

The number of years providing leased office accommodation and the

management thereof. Points will be allocated as follows:

5 and more years = 9

3 to 4 years = 6

3 years or less = 3

9

Provide at least three (3) contactable references where similar

solutions as per terms of reference is being provided. Two points (2)

per contactable reference will be awarded to a maximum of six (6)

points.

6

15

SUB-TOTAL 100

Bidders from the second stage who will have scored 70 points, or more will qualify for a site visit

to verify the information submitted before they move on to the third stage of evaluation.

16.5 Third Stage: Price and BBBEE

16.5.1 Subsequent to the evaluation of essential minimum Criteria and functional

criteria, the third stage of evaluation of the Bids will be in respect of price

and preferential procurement only.

16.5.2 Price proposals should be submitted in South African Rand including

Value Added Tax (VAT).


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16.5.3 Useable space in excess of the requirement will not be paid by the cidb.

16.5.4 The bidder shall provide the price proposal as detailed in Volume 4 of 4.

16.5.5 PLEASE NOTE: BIDDERS THAT OMIT AN ITEM FROM THE PRICING

SCHEDULE CANNOT ADD THE ITEM ONCE THE TENDER HAS BEEN

AWARDED.

Offices (Usable area) m²

(A)

Stores m²

(B)

Common Areas

(C)

Total Gross Lettabable

area (A+B+C)

Parking Bays

Total Lettable area

Minimum Parking bays 27

Rental per month R R R R R

VAT per month R R R R R

Total per month R R R R R

Tariffs R /m² R /m² R /m² R /m² R / bay

VAT R /m² R /m² R /m² R /m² R / bay

Total (1) R /m² R /m² R /m² R /m² R / bay

Annual Escalation rate % % % % %

Operating Costs (Provide details on what costs entails)

R R R R

VAT R R R R R

Total (2) R

Annual Escalation rate % % % %

Total (1+2) R R / bays

16.5.6 Bidder’s price for parking should be based on the minimum parking bays

number reflected in the table above.

LEASE SUBTOTAL FOR ALL ABOVE GRAND TOTALS WITH ESCALATIONS

VAT 15% TOTAL VAT INCLUSIVE

Year 1 Total Rentals and parking bays

R R R

Year 2 Total Rentals and parking bays including escalation

R R R


R R R

TOTAL BID PRICE VAT INCL. R R R

16.5.7 The tenders will be evaluated on the basis of the point system as

stipulated in the PPPFA. The bidder who achieves the highest total points

out of 100 (hundred) will be recommended by the Bid Evaluation

Committee (BEC) as the preferred tenderer. In compliance with the


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Preferential Procurement Regulations 2017, the 80/20 principle will apply

for tender prices between the threshold of R30 000 (thirty thousand) to

R50 000 000 (fifty million). The 90/10 principle will apply for tender prices

with a Rand value above R 50 000 000 (fifty million).

16.5.8 The value of this bid is estimated not to exceed R50 000 000 (all

applicable taxes included) and therefore the 80/20 preference point

system shall be applicable.

16.5.9 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.

16.6 Determination and announcing of Successful Bidder

The cidb, through the accounting officer shall determine and select a Successful

Bidder, after having considered the recommendations prepared by the Bid

Evaluation Committee and the report(s) of the Bid Adjudication Committee based

on the Bid Evaluation Committee’s recommendations.

The cidb reserves the right to further negotiate the proposed rate and/or escalation

rate for the subject property according to market related rates. In the event of

negotiations, this process must be concluded within 5 (five) business days from

the date of receipt of the appointment letter by the preferred bidder. The Lease

Agreement shall be executed by the Successful bidder and the cidb upon

conclusion of the negotiations.

17 CONFIDENTIAL INFORMATION

17.1 Respondents agree to keep information provided pursuant to this RFP confidential

(“Confidential Information”).

17.2 All Confidential Information provided (including all copies thereof) remains the

property of the cidb and must be delivered to the cidb on demand.

17.3 By receiving this RFP each Respondent and each of its Members agree to maintain

its submission in response to this RFP confidential from third parties other than the

cidb and its officials, officers and advisors who are required to review the same for

the purpose of the procurement of the Project.

17.4 The Confidential Information provided by the cidb may be made available to a

Respondent’s Relevant Entity, members, employees and professional advisors

who are directly involved in the appraisal of such information (who must be made

aware of the obligation of confidentiality).


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17.5 Respondent’s Relevant Entity, members, employees and professional advisors

shall not be entitled to, either in whole or in part; copy, reproduce, distribute or

otherwise make available to any other party the Confidential Information without

the prior written consent of the cidb.

17.6 The Confidential Information may not be used for any other purpose than that for

which it is intended.

17.7 The requirements in this Clause 17 do not apply to any information, which is or

becomes publicly available or is shown to have been made so available (otherwise

than through a breach of a confidentiality obligation).

17.8 All Confidential Information provided (including all copies thereof) remains the

property of the cidb and must be delivered to the cidb on demand.

17.9 Respondents, Relevant Entities, members, employees and professional advisors

may be required to sign confidentiality agreements.

18 INTELLECTUAL PROPERTY

All materials and data which are submitted by Respondents shall become the sole property

of the cidb, with the exception of copyrighted material, trade secrets or other proprietary

information clearly identified as such by Respondents.

19 INDEMNITY

Respondents shall be deemed by their submission of a proposal to agree to indemnify the

cidb and hold it harmless from any claim or liability and defend any action brought or legal

step against the cidb for its refusal to disclose materials marked confidential, trade secret

or other proprietary information to any person seeking access thereto.

20 GOVERNING LAWS AND RULES

20.1 The primary enabling legislation for the Project is the PFMA together with the cidb

Act, which regulate and create the competency of the cidb to procure and

implement the Project.

20.2 This RFP is issued by the cidb in terms of the cidb Act and SCM read with the

PFMA, as the formal step of the procurement process.


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20.3 Procurement of the Project will be carried out following prescribed legislation,

which includes the Constitution, the Preferential Procurement Policy Framework

Act, Number 5 of 2000 and the PFMA.

20.4 Respondent’s Responsibilities

20.4.1 If a Respondent identifies any ambiguities, errors or inconsistency

between the various documents that form part of this RFP, the

Respondents should notify the cidb and the cidb will provide clarification

as to the intended position.

20.4.2 To the extent that any inconsistency exists between the terms of the

Lease and any other provision in the RFP, but such inconsistency is not

identified by any Respondent and/or clarified by the cidb prior to

submission of the Respondent’s Proposal, the terms of the Lease shall

prevail.

20.5 Contact Policy

20.5.1 Respondents and their constituent Members, as well as their agents and

advisors and related parties may not contact the employees, advisors of

the cidb or any other cidb’s official(s) who may be associated with this

solicitation (other than the Project Officer), without the prior written

approval of the Project Officer save in the case of pre-existing commercial

relationships, in which case contact may be maintained only with respect

thereto and, in making such permitted contact, no party may make

reference to this solicitation or procurement.

20.5.2 This no-contact policy does not apply to any information deemed to be in

the public domain, or which is readily available from public bodies within

the Republic of South Africa where such information is not Project specific

and is not under the control of the cidb.

20.5.3 Respondents, Members, their agents, advisors and related parties may

not contact the employees, advisors of the cidb or any of the cidb official(s)

engaged in the Project, with a view to offering, whether directly or

indirectly, any one or more of them an employment opportunity with the

Respondent or any Member thereof.

20.6 Corruption

20.6.1 The cidb is committed to ethical and clean business practice and will not

tolerate any impropriety in any respect and in particular with regard to the

Project.

20.6.2 If any Respondent, Member or their employees, shareholders,

representatives, advisors or agents make or offers to make any gift or


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other gratuity to any public official or employee of the cidb, relevant

authority, or consultant to the cidb on the Project either directly or through

an intermediary, the cidb reserves the right to terminate its relationship,

without prejudice to any of Government’s rights, with that Respondent or

responsible party or entity.

20.6.3 The cidb and each Respondent must give an undertaking that everything

possible would be done to avoid irregularities, bribery and corruption. The

cidb reserves the right to appoint an independent probity auditor to

monitor in this regard the procurement process and the activities during

the contract period.

20.6.4 The cidb reserves the right to request Respondents to conclude an anti-

bribery pact agreement with the cidb, at any time during the Project

procurement process, to contractually bind all participants to the

undertakings referred to in this Clause 20.

20.7 No partnership, No offer

20.7.1 This RFP initially is not an offer to enter into contractual relations but

merely a solicitation of proposals to select a Successful Bidder and to

conclude negotiations with such Successful Bidder. Thereafter the

Successful Bidder together with the cidb shall enter into a contractual

relationship on the basis of the Lease.

20.8 Independent Submission

20.8.1 By responding to this RFP each Respondent and its constituent Members

certifies that:

20.8.1.1 its proposal has been submitted independently, without

consultation, communication, or agreement for restricting

competition, with any other Respondent or to any other

competitor or potential competitor.

20.8.1.2 unless otherwise required by law, the relevant proposal has not

been knowingly disclosed by it and will not knowingly be

disclosed by it prior to opening, directly or indirectly to any other

Respondent, member of another Respondent or to any

competitor or potential competitor; and

20.8.1.3 no attempt has been made or will be made by it to induce any

other person or firm to submit a proposal for the purpose of

restricting competition.


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20.8.2 The attention of each Respondent and their constituent Members is also

drawn to Section 4(1) (b) (iii) of the Competition Act Number 89 of 1998,

which prohibits ‘collusive tendering’.

20.8.3 Any material failure on the part of a Bidder to comply with the Mandatory

Response Requirements and Essential Minimum Requirements in this

RFP, to the extent that same are not waived by the cidb, may result in a

proposal being treated as non-compliant. Non-compliant responses may

be rejected without being further evaluated.

20.9 Grounds for Disqualification

20.9.1 The following events, in addition to any other events contained in this

RFP, constitute (without being exhaustive) grounds upon which a

Respondent (or if appropriate in the cidb’s determination, any Member

thereof) may be disqualified at any stage of the Project procurement

process:

20.9.1.1 an infringement of the confidentiality undertaking by any

Respondent, Member or any director, officer, agent, trustee or

advisor of the Respondent and/or Member.

20.9.1.2 past, present, or future participation by any Respondent,

Member or any director, officer, agent, trustee or advisor of the

Respondent and/or Member in any activity which may

constitute corruption, bribery or impropriety, during the Project

procurement process, or any other government procurement

process.

20.9.1.3 an infringement by any Respondent, Member or any director,

officer, agent, trustee or advisor of the Respondent and/or

Member of any one or more of the provisions of Contact Policy,

Independent Submission, or Corruption or any portion of such

section(s).

20.9.1.4 Any Respondent and/or their constituent Member(s) that

engages or communicates with any of the officials, agents or

advisors to the Project on any matter concerning the Project at

any time during the Project procurement process, without due

authority of the Project Officer, shall be disqualified from further

participation in the procurement process.

20.9.1.5 Respondents are required to submit correct and true

information. Failure to provide correct and true information

constitutes a ground for disqualification.


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20.9.1.6 Any change in composition, control or structure of a

Respondent or any one or more of its Members from that set

out in their response to the RFP, without the prior written

consent for the cidb constitutes a ground for disqualification.

20.10 Undertaking by Respondents

20.10.1 By signing a submission in response to this RFP, each Respondent

signatory warrants that save as disclosed in writing to the cidb , the

response to the RFP and the information supplied by it (and its constituent

members) remains true and warrants further that, save for any disclosures

in writing to the cidb, each Member of the Respondent has:

20.10.1.1 not passed a resolution nor is the subject of an order by the

court for the company's winding-up.

20.10.1.2 not been convicted of a criminal offence relating to the conduct

of its business or profession.

20.10.1.3 not committed an act of grave misconduct in the course of its

business or profession.

20.10.1.4 fulfilled obligations relating to the payment of taxes under the

laws of the Republic of South Africa.

20.10.1.5 not made any misrepresentation in providing any of the

information required in relation to the above; and

20.10.1.6 not had any of their directors and/or shareholders listed on the

Register of Tender Defaulters in terms of the Prevention and

Combating of Corrupt Activities Act Number 12 of 2014, as a

person prohibited from doing business with the public sector.

21 INCORRECT OR MISLEADING INFORMATION

The cidb may disqualify any Respondent and/or revoke any decision in respect of the

selection of a Successful Bidder or the announcement of the successful conclusion of

negotiations with the Successful Bidder if such decision was based on incorrect

information which the Respondent or its constituent members, advisors and/or agents

provided in response to this RFP.


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Schedule A

Provincial Office: Eastern Cape

SERIAL

NODESCRIPTION OF ROOM LEVEL Number GG norm Space

WORKSPACE SPACE (STAFF)

1 Provincial Manager (enclosed) 14 1 25 25

2 Admin Support 10 22 8 176

3 Receiving 10 2 8 16

4 Assistant 2 1 16 16

26 233

SUPPORT SPACE

5 Hot desking, e.g. auditors etc (8m2 x 3) na 24

6

Bathrooms / Ablution Facilities na

To be

included as

per NBR in

building 16

7 Outsourced support staff lockers, showers, etc (6m2 x 2) na 12

8 Staff meeting rooms (informal, 5m2 x 1 4-seater) na 5

9

Privacy booths na 2 booths

Using same

space as

hotdesks

10 Training room 30 seater na 70

11 Central canteen/ kitchen / chill area na 12

12 Archiving facility (central) na 25

13 Store rooms na 20

14 Server room na 9

15 Security control room na 6

16 Sick bay (enclosed) na 5

17 Workshop na 10

18 Passenger lift na If reqd as per building layout 6

PUBLIC SPACE

19 Reception na 16

20 Client waiting area na 42

21 Consulting/ advisory rooms, 3 (7m2 x 3) na 21

22 Helpdesk area, 3 (4.7m2 x 3) na 14

23 Tender box na Incl in space in reception area

24 Internet kiosk area na 15

25 Public Ablutions na

SHARED SPACE

26 Waste management area na 10

27 Service/ goods lift na If reqd as per building layout

28 Back-up generators/ UPS na 12

29 Guard house na 8

30 Breast feeding room na 6

- 364

SUB TOTAL 597

Strucural Space 10.00 % 59.70

TOTAL 657

PARKING

31 Staff parking na 9

32 Guest parking na 35

33 Disabled parking na 2

34 Motorcycle parking na 2

35 Bicycle parking na 0

36 Pool car parking na 0

37 Garden with walkways, pause areas, etc. na 0

48

Minimum 27


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Annexure A. Proof of ownership

(Attach documentary evidence of Bidder’s Legal title to the Property)


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Annexure B. Building Details

1. Size of Offered Space (GLA m2) Building Name and Floor Number

Size:_________________________________________________________________Building Name:________________________________________________________________Floor Number:______________________________________________________________

2. Location of Building

Description of particulars required

1 Street address

2 GPS co-ordinates

3 Google Maps satellite print out clearly identifying the building Attach to this Annexure

4 Stand/ERF number

3. Number of Parking bays in the different categories

Description Number

1 Covered Parking Bays

2 Open / Uncovered Parking Bays

3 Covered parking bays for persons with disabilities, close to office entrance / complex entrance

4 Covered bays for motorcycles


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Annexure C. Proof of building classification

(Attach documentary proof)


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Annexure D. Space Planning Layouts


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Annexure E. Up to date Municipal account not older than three (3) months and not over

three (3) months in arrears for the Property

AND /OR

Up to date Levy Statement not older than three (3) months and not over three (3) months

in arrears for the Property

Utility Statement submitted older than 60 days in arrears accompanied with proof of

payment that it has been settled.


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Annexure F. Building Condition and Maintenance Plan

(Insert Write up on the Building Condition, particulars of Maintenance that has been conducted in respect of the property and provide details of planned Maintenance)


of 47


Annexure G. Fibre Enabled Area

Please provide proof (in a form of an Internet Service Provider connectivity coverage map or similar document) that the area where the building is situated is a fibre enabled area and that the building connected to fibre


of 47


Annexure H. Marked up Lease Agreement

A summary of the mark-ups and comments should be inserted in the table below and a copy

of the marked-up Lease to be submitted in hard copy and electronic format.

Clause Number Proposed amendment Rationale for proposed amendment

1

2

3

4

5

6

7


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Annexure I. Safety and Security


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Annexure J. Declaration of any other material information that cidb may need to know

involving the property


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Annexure K. Accessibility


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Annexure L. Company Profile


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Annexure M. Company Reference Letters

RFB60078: REQUEST FOR PROPOSAL FOR THE LEASE OF

SUITABLE OFFICE ACCOMMODATION FOR THE CIDB



VOLUME 2 OF 4: LEASE AGREEMENT

of 28

LEASE AGREEMENT

between

CONSTRUCTION INDUSTRY DEVELOPMENT BOARD (“CIDB”)

and

<<<insert >>>

Registration number:<<<Insert Registration Number>>>

of 28

Lessor Witness Lessee Witness

TABLE OF CONTENTS

1 PARTIES ....................................................................................................... 5

2 DEFINITIONS AND RULES OF INTERPRETATION..................................... 5

3 THE LEASE .................................................................................................. 9

4 THE PERIOD ................................................................................................. 9

5 THE RENTAL .............................................................................................. 10

6 USE OF PREMISES .................................................................................... 10

7 OCCUPATION OF THE PREMISES ........................................................... 11

8 CONDITIONS OF THE PREMISES AT THE COMMENCEMENT DATE AND AT THE

TERMINATION DATE ............................................................................................. 11

9 FIXTURES ................................................................................................... 12

10 EXPENSES, MAINTENANCE AND REPAIRS ............................................ 13

11 LIMITATION OF THE LIABILITY OF THE LESSOR ................................... 14

12 FIRE FIGHTING EQUIPMENT AND LIFTS ................................................. 15

13 DAMAGE TO OR DESTRUCTION OF THE PREMISES ............................. 16

14 DISPUTE RESOLUTION ............................................................................. 16

15 BREACH ..................................................................................................... 17

16 MANAGEMENT RULES .............................................................................. 17

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17 REASONABLE ACCESS ............................................................................ 17

18 CESSION, ASSIGNMENT AND SUB-LETTING .......................................... 18

19 NON-WAIVER ............................................................................................. 18

20 SALE OF THE PREMISES .......................................................................... 18

21 TERMINATION ............................................................................................ 19

22 CONFIDENTIALITY..................................................................................... 19

23 WHOLE AGREEMENT ................................................................................ 20

24 NOTICES AND LEGAL SERVICE ............................................................... 20

25 GOVERNING LAW AND JURISDICTION ................................................... 21

26 COUNTERPARTS ....................................................................................... 21

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1 PARTIES

The parties to this agreement are(delete 1.1 or 1.1a as applicable):

1.1 _______________________________________ Registration Number if the Lessor is a

Company or a Close Corporation represented by __________________ duly authorized as per

the attached resolution , hereinafter referred to as the Lessor

OR

1.1a________________________________(Insert Full Name and ID Number)___duly

confirmed as the Owner, hereinafter referred to as the Lessor

AND

Construction Industry Development Board (“cidb”) is a Schedule 3A Public Entity that was

established by Act Of Parliament (Act 38 of 2000), hereinafter referred to as the Lessee

represented by the CEO as duly authorised.

2 DEFINITIONS AND RULES OF INTERPRETATION

2.1 In this Agreement, unless clearly inconsistent with or otherwise indicated by the

context, the under-mentioned words and expressions have the meaning assigned to

them and derivative expressions and words will have a corresponding meaning:

2.1.1 “adjustment date” means the date, or the last day of the period,

mentioned in Item 10 of Schedule 1 on which the escalation rate comes

into operation;

2.1.2 “building” – means the floor in the structure known by the name as set

out in Item 12 of Schedule 1 and situated on the property set out in Item 6

of Schedule 1;

2.1.3 “building manager” – means the individual to be appointed by the Lessor

who has minimum ten (10) years’ experience in managing commercial

properties. The individual needs to have a good knowledge of landlord

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tenant law, good communication skills and good customer service

experience . The individual will responsible for managing the Premises ,

maintenance of the Premises and handling queries. The individual to be

readily available, whose full cv and detailed knowledge and experience are

provided in Schedule 4.

2.1.4 “commencement rental” means the monthly rental payable in respect of

the first year of lease or, in the event of the first fixed period of the lease

being less than one year, the rental determined for that period, the amount

of which is stipulated in item 12 of Schedule 1;

2.1.5 “commencement date” means the date stipulated in item 11 of schedule

1 on which the lease commences;

2.1.6 “escalation rate” means the percentages mentioned in item 14 of

Schedule 1, which adjusts the rental on every adjustment date;

2.1.7 “Lessee” means Construction Industry Development Board;

2.1.8 “Lessor” means the owner of the premises (or a sub lessor who warrants

his authority to enter into the lease agreement with the lessee and attaches

such authorization hereto) who, if he does not sign personally, is herein

represented by the person mentioned in Item 16 of Schedule 1 who by his

signature hereto warrants that he is authorized to sign this agreement on

behalf of the Lessor;

2.1.9 “material breach” means breach or failure of performance under the

agreement of a vital term of the agreement which goes to the root of the

agreement.

2.1.10 “occupant” means Construction Industry Development Board;

2.1.11 “occupation date” means the date in which the occupant will take

occupation of the premises after the completion of the tenant installation

as per Schedule 2.

2.1.12 “premises” means the Building and/or the structure and/or land and or

floor, or portions thereof mentioned in Item 2 of Schedule 1;

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2.1.13 “termination date” means the date stipulated in Item 20 of Schedule 1 on

which the lease terminates

2.2 Rules of Interpretation: In this Agreement: -

2.2.1 Clause headings are for the purposes of convenience and reference only

and shall not be used in the interpretation of, nor modify nor amplify any of

the provisions of this Agreement;

2.2.2 In this Agreement, unless clearly inconsistent with or otherwise indicated

by the context -

2.2.2.1 any reference to the singular includes the plural and vice versa;

2.2.2.2 any reference to natural persons includes legal persons and vice

versa; and

2.2.2.3 any reference to a gender includes the other genders.

2.2.3 The clause headings in this Agreement have been inserted for

convenience only and shall not be considered in its interpretation.

2.2.4 Words and expressions defined in any sub-clause shall, for the purposes

of the clause of which that sub-clause forms part, bear the meanings

assigned to such words and expressions in that sub-clause.

2.2.5 References to the provisions of any law shall include such provisions as

amended, re-enacted or consolidated from time to time in so far as such

amendment, re-enactment or consolidation applies or is capable of

applying to any right or obligation arising from or contemplated by this

Agreement.

2.2.6 References to "Parties" shall include the Parties’ respective successors-

in-title and their respective cessionary and assignees.

2.2.7 References to a "person" shall include an individual, firm, entity, company,

corporation, juristic person, responsible authority, and any trust,

organisation, association or partnership, whether having separate legal

personality or not.

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2.2.8 References to any other contract or document shall include (subject to all

approvals required to be given pursuant to this Agreement for any

amendment or variation to or novation or substitution of such contract or

document) a reference to that contract or document as amended, varied,

novated or substituted from time to time.

2.2.9 General words preceded or followed by words such as "other" or

"including" or "particularly" shall not be given a restrictive meaning

because they are preceded or followed by particular examples intended to

fall within the meaning of the general words and the euisdem generis rule

shall not be applied in the interpretation of such general wording and/or

such specific example or examples.

2.2.10 When any number of days is prescribed in this Agreement, it shall be

reckoned exclusively of the first and inclusively of the last day unless the

last day falls on a Saturday, Sunday or other day officially recognised as a

public holiday in the Republic of South Africa ("Public Holiday") in which

case the last day shall be the next succeeding day which is not a Saturday,

Sunday or Public Holiday.

2.2.11 Unless the context clearly indicates a contrary intention, in this Agreement:

2.2.11.1 any reference to a “calendar month” or shall mean a period

extending from the first to the last day, both days inclusive, of any

one of the 12 months of the year; and

2.2.11.2 any reference to a “month” shall mean a period starting on one

day in a calendar month and ending on the numerically

corresponding day in the next calendar month, except that if there

is no numerically corresponding day in the calendar month in

which that period is to end, that period shall end on the last day in

that calendar month.

2.2.12 Where a conflict arises between words and numbers in any provision of

this Agreement, effect will be given to the words.

2.2.13 Any term which refers to a South African legal concept or process, for

example, without limiting the foregoing, liquidation or curatorship, shall be

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deemed to include a reference to the equivalent or analogous concept or

process in any other jurisdiction in which this Agreement may apply or to

the laws of which a Party may be or become subject to.

2.2.14 No provision herein shall be construed against or interpreted to the

disadvantage of any Party by reason of such Party having or being

deemed to have structured or drafted such provision.

2.2.15 Where this Agreement requires a Party to be "reasonable" in relation to

an action or omission, that Party shall do all such things as are or may be

necessary or desirable so as to achieve that action or omission and, to the

extent that the action or omission is frustrated, hindered or otherwise

difficult to attain, the Parties shall consult and co-operate with each other

and continue to take action so as to achieve that action or omission until

the Parties agree that it is not reasonable to take the action or to omit

taking an action, provided that any actions or omissions required to be

undertaken: -

2.2.15.1 shall always be commercially reasonable as regards both

Parties; and

2.2.15.2 shall not be such as to result in the contravention of any Law.

2.2.16 The expiration or termination of this Agreement shall not affect provisions

which expressly provide that they will operate after any such expiration or

termination.

3 THE LEASE

3.1 The Lessor hereby leases the premises to the Lessee who hires the premises on the

terms and conditions of this agreement, which incorporates the Schedules.

4 THE PERIOD

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4.1 The period of the lease commences on the commencement date as mentioned in

Item 11 of Schedule 1 and terminates on the termination date as mentioned in Item

15 of Schedule 1.

5 THE RENTAL

5.1 The commencement rental shall be as per the attached Schedule 3 of the agreement.

5.2 The lease commences with the commencement rental. Thereafter the rental shall

escalate with the compounded escalation rate on each adjustment dates.

5.3 The rental shall be payable from the occupation date monthly in advance on or before

the seventh day of each month into the Lessor’s bank account.

5.4 The parties agree that all the rental payable in terms of this agreement shall include

value-added tax where such tax is payable. The Lessor shall specify such tax for

record and tax purposes separately from the basic rental.

5.5 The Lessor shall be liable to pay all the rates, taxes and levies in respect of the

premises to the concerned authority as well as any and all increases therein.

5.6 The Lessor shall invoice the Lessee for the monthly rental 5 (five) business days

before the last date of each month in a form which meets the cidb requirements and

standards.

5.7 The Monthly invoice shall provide the particulars of :_

i. the rental payable in respect of each month;

ii. the total deduction made (if any) in respect of repairs undertaken by the

Lessee in terms of this Lease;

iii. the total penalty deduction made (if any) in terms of this Lease ; and

iv. the Net Rental payable after the deductions stipulated in Clause 5.7 (ii) and

(iii) above.

6 USE OF PREMISES

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6.1 The Lessee records that he will use the premises for the purposes specified in Item

21 of Schedule 1 and for no other purpose, except with the written consent of the

Lessor, which consent shall not be withheld unreasonably.

6.2 The Lessor shall be obliged to obtain such consents and authorisations (excluding

trade and other licences) as may be required by the competent authorities or title

conditions to enable the Lessee to use the premises for the purpose referred in clause

7.1.

7 OCCUPATION OF THE PREMISES

7.1 The Lessor warrants the Lessee’s right to free and undisturbed possession of the

premises from the commencement date until termination date: Subject thereto that

any delay in taking passion due to actions of the Lessee or the occupant , shall not

be regarded as delay on the part of the Lessor.

8 CONDITIONS OF THE PREMISES AT THE COMMENCEMENT DATE AND AT THE

TERMINATION DATE

8.1 Schedule 2 contains the details of the installations required by the Lessee, the party

responsible for affecting these installations and the party who bears the costs in

respect thereof. Schedule 2 also contains the obligations, if any, of the Lessee in

regard to the removal thereof at the termination date.

8.2 Schedule 2 is to be submitted and agreed upon within five (5) days of the Lessor

receiving the letter of appointment.

8.3 The Lessee shall, within five (5) working days of occupation, furnish the Lessor with

three (3) dates and times, which dates must be within twenty-one (21) days of

occupation , to convene a meeting to inspect the premises. The Lessor shall accept

the date, from those furnished, that is suitable to him. At such meeting, shall jointly

inspect the premises, so as to ascertain any damage or defect in the premises and

the general condition of the premises and to record them in a list which all three

parties shall sign.

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8.4 The Lessor shall within fourteen (14) days of such inspection repair the defect(s).

8.5 Should the Lessor fail to comply with his obligations in respect of installations required

by the Lessee , if any , or fail to repair the defect(s) , the Lessee shall notify the Lessor

of such failure and unless the Lessor so complies within fourteen (14) days , save in

emergencies , the Lessee shall be entitled to rectify those matters at his own expense

and to deduct the costs thus incurred from the rental payable to the Lessor.

8.6 The Lessor shall furnish the dates and times at least fourteen (14) working days prior

to the termination of the lease for the inspection of the premises after the termination

of the lease. Within fourteen (14) days after the termination of the lease, the Lessor

shall ensure the following lists are compiled: -

8.6.1 A list of all the items where both parties agree that such items are damaged

or defective and that the Lessee is liable; and

8.6.2 A list of the items, which are damaged, or defective and which in the

opinion of the Lessor the Lessee is liable for, whereas the Lessee denies

liability

8.7 The items recorded in the list contemplated in clause 8.6.2 shall be replaced as per

the agreement between the parties. Should the parties fail to reach such an

agreement, the dispute may by agreement between the parties be referred to an

independent professional who shall act as a mediator.

8.8 The Lessee shall not be responsible for the payment of rent or damages during the

month when the damages caused to the premises are being repaired.

8.9 On the termination of the Lease the Lessee shall not be responsible for returning the

premises to its original state/condition.

9 FIXTURES

9.1 The parties agree that for the purposes of the interpretation of this clause and of this

lease, fixtures shall refer to movable and immovable fittings installed by the Lessee

and required for his purposes, such as computer cables and telephone systems. The

Lessee shall be entitled, at his expense and with the written consent of the Lessor,

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which consent shall not be unreasonably be withheld, to install fixtures (which shall

remain the property of the Lessee) on the premises.

10 EXPENSES, MAINTENANCE AND REPAIRS

10.1 For the purposes of the interpretation of this clause and the lease, the parties agree

that the words in the heading bear meanings assigned to them hereunder:

“expenses” – means those disbursements in respect of the premises which are

occasioned by the ownership or the operation thereof, e.g. assessment rates,

municipal levies, air conditioning and lift maintenance, insurance premiums , etc.

“maintenance” – means everything which is required to be done in order to enable

the Lessee to return the premises to the Lessor on the termination date in the

condition they were in at the commencement date, fair wear and tear expected;

“repairs” – means everything which is required to be done in order to achieve the

same goal as that envisaged in the definition of “maintenance” , but which requires

more labour and more expense than maintenance , such as the replacement of

cables, taps, locks , windows, floor tiles , ceilings, geysers and the like. The parties

agree that normal tear can through time require repairs.

10.2 Responsibilities of the Lessor -:

10.2.1 The responsibilities of the Lessor will be as per Schedule 5 attached to the

lease agreement hereto.

10.3 Responsibilities of the Lessee:

10.3.1 The domestic cleaning of the interior of the premises

10.3.2 The domestic services such as the provision of toilet paper, soap, towels,

etc.

10.3.3 The costs of water and electricity consumption to the extent that these are

separately metered;

10.3.4 The costs of refuse removal and sanitary services;

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10.4 In the event the premises being a portion of a building and it consequently being

necessary to determine the Lessee’s pro rata share in respect of maintenance or

consumption of necessary services, the pro rata share of the Lessee, for the purpose

of this agreement, shall be determined by calculating the area of the building. For the

purpose of such calculation areas shall be determined from time to time by the

SAPOA method for the calculation of rentable areas. Where the pro rata share or

portion thereof is payable to the Lessor, the Lessee shall pay on receipt of a properly

substantiated account. The parties agree that the Lessee’s pro rata share (as

contemplated in this clause) is the percentage as indicated in Schedule 1.

10.5 Should the Lessor neglect or fail to undertake repairs required within the premises

and/or the building in which the Lessee’s premises is located, the Lessee may notify

the Lessor in writing of such failure, and should the Lessor still be in default thirty (30)

days after receipt of such notification (or such longer period which the parties may

have agreed upon) the Lessee shall at its sole discretion be entitled to either:_

i. undertake such repairs and to deduct the amounts thus disbursed by the

Lessee in effecting such repairs from the rental due to the Lessor. A certificate

by the Lessee of such repair costs shall be prima facie proof thereof; OR

ii. charge the Lessor a penalty deduction in respect of such failure to effect

repairs. The penalty so deducted by the Lessee shall not exceedten (10)

percent of the rental payablein the month following the expiry of the thirty (30)

days default notice.

10.6 Should the Lessor fail to undertake the repairs after the Lessee has levied such

penalty deduction as set out in Clause 10.5 , the Lessor shall be deemed to be in

material breach of this lease agreement.

11 LIMITATION OF THE LIABILITY OF THE LESSOR

11.1 The Lessor shall insure the building and shall maintain such insurance throughout the

currency of the lease and any extension thereof. The Lessee may not after the

commencement of the lease do, or allow anything that is contrary to the provisions,

which cause an increase in the premiums of any insurance policy held by the Lessor

over the property,

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11.2 The Lessor will for the duration of the lease period maintain the building insurance to

the amount of R <<<insert>>> and the general public liability insurance to the amount

of R <<<insert>>>

11.3 The Lessor is to provide the proof of insurance as per clause 11.2 to the Lessee on

an annual basis.

11.4 Should the Lessee do or cause to be done anything that causes an increase in the

premiums of such policy, the Lessee will be liable for the increase in the premiums

occasioned by the actions of the Lessee. The Lessor shall furnish to the Lessee proof

from the insurer.

11.5 The Lessor shall be liable for any damage which the Lessee may suffer as a

consequence of the rain , wind , hail , lightning , fire , riots , earthquake , storm ,

strikes , actions by the enemies of the State or in consequence of the interruption of

any facility or service supplies to the premises by the third parties , unless such

damage is caused by the intent or negligence of the lessor , his employees or agents.

11.6 The Lessor shall not be liable for any accident, injury or damage incurred by the

Lessee, his employees, agents or visitors. in or near the premises, unless it is the

result of intent or negligence on the part of the Lessor, his employees or agents.

11.7 The Lessor shall be liable for any accident, injury or damage incurred by the Lessee,

his employees, agents or visitors in or near the premises, if such accident , injury or

damages are caused by the employees , contractors or agents of the Lessor.

12 FIRE FIGHTING EQUIPMENT AND LIFTS

12.1 The Lessor shall be obliged to install, maintain and operate on the premises fire

extinguishing and fire detection equipment complying with the National Building

Regulations And Building Standards Act (Act 103 of 1977) as amended, and/or other

applicable legislation.

12.2 The Lessor shall be obliged to maintain the lifts and ensure that regular checks are

done in accordance with the Occupational Health and Safety Act (Act 85 of 1993) as

amended and/or any applicable legislation.

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12.3 Should the Lessor, fail to maintain or fix the fire extinguishing and fire detection

equipment and lifts and/or escalators of the premises as per clauses 12.1 and 12.2

respectively , the Lessee shall, without prejudice to its other remedies under the

agreement, charge the Lessor a penalty. The penalty so deducted by the Lessee

exceed ten (10) percent of the rental payable in the month following the expiry of the

thirty (30) days default notice.

12.4 Should the Lessor fail to undertake the repairs required in terms of this Clause 12

after the Lessee has levied such penalty deductions as set out in this clause, the

Lessor shall be deemed to be inmaterial breach of this lease agreement.

12.5 Should the Lessee do or cause to be done anything that causes an increase in the

premiums of such policy, the Lessee will be liable for the increase in the premiums

occasioned by the actions of the Lessee. The Lessor shall furnish to the Lessee proof

from the insurer.

13 DAMAGE TO OR DESTRUCTION OF THE PREMISES

13.1 In the event of the premises being destroyed and therefore rendered totally unfit for

occupation, this lease shall be terminated automatically.

13.2 In the event of the premises being damaged and remaining partially suitable for the

purpose of the Lessee, the parties shall have the right to terminate the agreement

forthwith. Should the parties continue with the agreement, the Lessee shall be entitled

to a reduction in rental to the extent to which the Lessee is deprived of the full use of

the premises.

14 DISPUTE RESOLUTION

14.1 Any dispute arising between the Parties in respect of the Lease shall in the first

instance be referred in writing to the managers of Lessee and the Lessor respectively

by either Party for resolution. The managers of the Parties shall meet within five (5)

business days after receiving the written referral of the dispute and shall use their

best endeavours to resolve the dispute within the time foregoing.

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14.2 If the managers fail to meet within five (5) business days after a dispute has been

referred to them or fail to resolve the dispute within the time in clause 14.1 above ,

then either Party shall be entitled to immediately institute legal proceedings in a

competent court.

14.3 Notwithstanding anything to the contrary contained in this clause 14 , any party shall

be entitled to approach a competent court for an appropriate relief.

15 BREACH

15.1 In the event of either one of the parties committing a material breach of any of the

terms of this agreement , and failing to remedy such material breach within a period

of thirty (30) days , after receipt of a written notice from the other party calling upon

the defaulting party to remedy the material breach complained of , then :-

15.1.1 the aggrieved party will be entitled, at its sole discretion, and without any

prejudice to any of its rights in law and/or in terms of this agreement, either

to :

a) claim specific performance /or

b) cancel the agreement and/or

c) claim damages from the defaulting party.

16 MANAGEMENT RULES

16.1 The Lessor will furnish the Lessee with all the Management Rules, if any, prior to

entering into this agreement

17 REASONABLE ACCESS

17.1 The Lessor is, after reasonable prior notification to the Lessee, entitled to reasonable

admission to the leased premises in order to carry out inspections, maintenance and

repairs and to show the premises to prospective new Lessee’s.

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18 CESSION, ASSIGNMENT AND SUB-LETTING

18.1 The Lessee shall not, except with the prior written consent of the Lessor, which shall

not be unreasonably withheld;

18.1.1 cede or assign all or any of the rights and the obligations of the Lessee

under this lease; or

18.1.2 sublet the premises in whole or part; or

18.1.3 give up possession of the premises or any portion thereof to any third

party.

it being an explicit provision of this agreement that the Lessee may substitute one occupant with

another at its own discretion, taking into consideration the preferences (if any) of the Lessor

19 NON-WAIVER

19.1 Neither party shall be regarded as having waived , be precluded in any way from

exercising , any right under or arising from this lease by reason of such party having

at any time granted any extension of time for or having shown any indulgence to, the

other party with reference to any payment or performance hereunder, or having failed

to enforce , or delayed in the enforcement of any right of action against the other

party.

19.2 The failure of either party to comply with any non-material provision of this lease shall

not excuse the other party from performing that party’s obligations hereunder fully

and timeously.

20 SALE OF THE PREMISES

20.1 Transfer of the premises from the Lessor pursuant to sale thereof shall not in any way

affect the validity of this lease. It shall accordingly, upon registration of transfer of the

premises into the name of the purchaser, remain of full factor and effect save that the

purchaser shall be substituted as Lessor and acquired the rights and be liable to fulfil;

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all the obligations which the Lessor, as the Lessor, enjoyed against or liable to fulfil

in favour of the Lessee in its use and enjoyment of the premises.

20.2 Nothing shall prevent the Lessor from advertising the premises as “for sale” or as “to

let” as long as it does not disturb the Lessee in its use and enjoyment of the premises.

21 TERMINATION

The Lessee shall be entitled to terminate the agreement by giving one (1) month written

notice in the event that the Lessee is reasonably of the opinion that there is no need to

lease the premises.

22 CONFIDENTIALITY

22.1 Each Party will keep confidential and will not disclose to any person: -

22.1.1 the details of this Agreement, the details of the negotiations leading to the

conclusion of this Agreement, and the information handed over to such

Party during negotiations, as well as the details of all the transactions or

agreements contemplated in this Agreement; and

22.1.2 all information relating to the business or the operations and affairs of the

Parties,

(together the "Confidential Information") unless the prior written consent of

the other Party has been obtained.

22.2 The Parties agree to keep all Confidential Information confidential and to disclose it

only to their shareholders, officers, directors, employees, consultants and

professional advisers who: -

22.2.1 have a need to know (and then only to the extent that each such person

has a need to know);

22.2.2 are aware that the Confidential Information should be kept confidential;

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22.2.3 are aware of the disclosing Party's undertaking in relation to such

information in terms of this Agreement; and

22.2.4 have been directed by the disclosing Party to keep the Confidential

Information confidential,

and the Parties shall procure that each of its employees or representatives to

whom such disclosure is made, shall keep the Confidential Information

confidential.

23 WHOLE AGREEMENT

23.1 This is the entire agreement between the parties

23.2 Neither party relies, in entering into this agreement, on any warranties,

representations , disclosures or expressions of opinion , which have not been

incorporated into this agreement as warranties or undertakings.

23.3 No variation or consensual cancellation or this agreement shall be of any force or

effect unless reduced to writing and signed by the duly authorised representatives of

both parties.

24 NOTICES AND LEGAL SERVICE

24.1 The parties respectively choose as domicilium citandi et executandi and as the

address for the serving of notices the address appearing opposite their names in

Item 1 of Schedule 1.

24.2 Either Party may, on seven (7) days written notice to the other Party, change any

of the addresses at which or the designated person for whose attention those

notices, or other communications are given.

24.3 Any notice or other communication given by any Party to the other Party which:

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24.3.1 is sent by registered post to the address at its specified address shall

be rebuttably presumed to have been received by the addressee on

the 7th (seventh) day after date of posting; or

24.3.2 is delivered by hand to the addressee during normal business hours of

the addressee at its specified address shall be rebuttably presumed to

have been received by the addressee at the time of delivery; or

24.3.3 is transmitted by facsimile to the addressee during the normal business

hours of the addressee at its specified facsimile number shall be

rebuttably presumed to have been received by the addressee on the

date of transmission as indicated on the sender’s facsimile

transmission report; or

24.3.4 is transmitted by electronic mail to the addressee during normal

business hours of the addressee at its specified electronic mail address

shall be rebuttably presumed to have been received by the addressee

on the date of transmission as reflected on the sender’s electronic mail

records.

25 GOVERNING LAW AND JURISDICTION

25.1 This Agreement shall be governed by and construed and interpreted in accordance

with the laws of South Africa.

25.2 Subject to Clause 15, both Parties agree that the courts of South Africa shall have

exclusive jurisdiction to hear and settle any action, suit, proceedings or dispute in

connection with this Agreement and irrevocably submit to the jurisdiction of those

courts.

26 COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which shall be

deemed an original and all of which shall be taken together and deemed to be one

instrument.

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Signed at… .................................on this the ..................... ……day of ....................... 2020

Witness for cidb

……………………………….. …………………………………….

duly authorised as per delegation of

authority

Signed at .....................................on this the ..................... day of .............................. 2020

Witness for <<<insert>>>

……………………………….. ……………………………………

duly authorised as per the attached

resolutions

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SCHEDULE 1

1. Physical Address – Lessor

2. Postal Address – Lessor

3. Fax Number :

4. Physical Address – Lessee

5. Postal Address – Lessee

6. Premises Leased

7. Floor Area Leased

8. Storage

9. Parking

10. Adjustment Date

11. Commencement Date

12. Commencement Rental

13. Occupation Date

14. Escalation Rate

15. Lease Period

16. Lessor/ Lessor’s Representative

17. VAT Registration Number.

18. Pro rata share

19. Renewal Period

20. Termination Date

21. Use of Premises

22. Lifetime of carpeting

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SCHEDULE 2 - TENANT INSTALLATION

(TO BE SUBMITTED AND AGREED UPON 5 DAYS AFTER RECEIPT OF THE LETTER

APPOINTMENT BY THE LESSOR)

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SCHEDULE 3 – PRICING/RENTAL

(to be updated in line with submitted SBD 3.1)

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SCHEDULE 4 - BUILDING MANAGER’S FULL DETAILS

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SCHEDULE 5 –

Note: The cidb is not prepared to accept responsibility for services or costs involved within grey coloured columns. (Indicate where applicable)

2.1. Services cidb Lessor Estimated cost per month

2.1.1. Water consumption

2.1.2. Electricity consumption

2.1.3. Sanitary services

2.1.4. Refuse removal

2.1.5. Domestic cleaning service

2.1.6. Consumable Supplies

2.2. Maintenance cidb Lessor Estimated cost per month

2.2.1. Internal maintenance

2.2.2. External

2.2.3. Garden (if applicable)

2.2.4. Air conditioning

2.2.5. Lifts

2.2.6. Floor covering normal wear

2.3. Rates and Insurance cidb Lessor Estimated cost per month

2.3.1. Municipal rates & Increases

2.3.2. Insurance & Increases

2.3.3. SASRIA insurance & Increase

2.4. Other Responsibilities cidb Lessor Estimated cost per month

2.4.1. Contracts costs

2.4.2. Stamp duty

2.4.3. Fire Fighting equipment

2.4.4. Cost of alterations

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SCHEDULE 6 - HELP DESK PROTOCOL

(TO BE SUBMITTED BY THE BIDDER AND TO BE DISCUSSED DURING THE

NEGOTIATIONS STAGE)

REQUEST FOR PROPOSAL FOR THE LEASE OF SUITABLE OFFICE ACCOMMODATION FOR THE CIDB PROVINCIAL OFFICE IN EASTERN CAPE

Page 1 of 15


RFB60078: REQUEST FOR PROPOSAL FOR THE LEASE OF SUITABLE OFFICE ACCOMMODATION FOR THE CIDB PROVINCIAL OFFICE IN EASTERN CAPE FOR A PERIOD

OF 3 YEARS WITH AN OPTION TO RENEW

VOLUME 3 OF 4: TECHNICAL OUTPUT SPECIFICATIONS


Page 2 of 15


TABLE OF CONTENTS

1 OUTPUT SPECIFICATIONS OF THE PROJECT .......................................................... 4

1.1. Accommodation Space requirements ................................................................. 4

1.2. Workspace Requirements .................................................................................... 4

1.3. Sample Office Layout ........................................................................................... 4

1.4. Parking .................................................................................................................. 6

1.5. Interior finishes ..................................................................................................... 6

1.5.1. Colour scheme ............................................................................................... 6

1.6. Security ................................................................................................................. 7

1.7. Water supply ......................................................................................................... 7

1.8. Electrical installation ............................................................................................ 7

1.8.1. Municipal Power ............................................................................................ 7

1.8.2. Electrical Compliance .................................................................................... 7

1.8.3. Small Power ................................................................................................... 8

1.8.4. Emergency power solution ........................................................................... 8

1.9. Waste Management .............................................................................................. 9

1.10. Heat, Ventilation and Air-conditioning ............................................................. 9

1.10.1. Definitions................................................................................................... 9

1.10.2. Functional Requirements .......................................................................... 9

1.10.3. Design Conditions .................................................................................... 10

1.11. Lighting ............................................................................................................ 10

1.12. Data and telephone cabling ............................................................................ 11


Page 3 of 15


1.13. ICT requirements ............................................................................................. 12

1.13.1. Server room .............................................................................................. 12

1.13.2. Location .................................................................................................... 12

1.13.3. Space and Structural requirements ........................................................ 12

1.13.4. Power ........................................................................................................ 13

1.13.5. Temperature and other environmental controls .................................... 13

1.13.6. Access control ......................................................................................... 13

1.13.7. General ...................................................................................................... 13

1.13.8. Fire protection & risk management ......................................................... 14

1.14. Lifts, hoists & escalators ................................................................................ 14

1.15. Acoustic and noise ......................................................................................... 14

1.16. Gardens............................................................................................................ 15

1.17. Corporate identity/Signage ............................................................................. 15

1.18. Signage for disabled persons ........................................................................ 15


Page 4 of 15


1 OUTPUT SPECIFICATIONS OF THE PROJECT

The specific requirements for the cidb Provincial office accommodation which includes the space, architectural, structural requirements, space planning requirements and fit out requirements are set out here below.

1.1. Accommodation Space requirements

Please refer to Volume 1 of 4 Schedule A - Accommodation Space Requirements. The space per provincial office is included in this Schedule.

1.2. Workspace Requirements

Workspace area per function is defined as follows:

FUNCTION SPATIAL REQUIREMENTS AREA

Administration Open plan some local storage

8 m2

Technical and management Office space and or space for large equipment

16 m2

Senior management Cellular offices. Requirement for some privacy and space for small meeting spaces

20 m2

Executive management Cellular office

Requirement for Privacy and space for small meetings

25 m2

1.3. Sample Office Layout

Apart from the office space requirements for staff as indicated, the following is the summary of the areas requiring particular attention and planning:


Page 5 of 15


(Note: the sample layout is a typical layout and it is understood that the layout may differ according to the proposed building. Different layouts are acceptable as long as all the aspects in the accommodation schedule are included).

i. Multi-functional front office area which includes: o client waiting area, o internet kiosk area, o security (access) control area, o reception desk, o informal client meeting areas, o boardroom; o a helpdesk area.

ii. Ablution facilities available to staff and clients must preferably be separate or

otherwise, located in the public area and easily accessible to staff; iii. Boardroom area that serves both public and staff; iv. Staff kitchen and pause area, especially if the office is located within a multi-

tenanted building where there is no external facility available for staff to use as pause areas;

v. The server room has to comply with the standards as set out in this document and needs to be equipped with a monitoring system, as part of the BMS that includes 24-hour surveillance of conditions in the server room, with an early warning functionality. Conditions to be monitored is fire, water, temperature, humidity and power;


Page 6 of 15


vi. The cidb employs outsourced resources in terms of cleaning and security. Separate ablution facilities must be available to outsourced staff to safely lock away valuables, change outfits and take a shower;

vii. Adequate provision, over and above the standard storeroom facilities, must be a dedicated room for cleaning equipment to be stored safely;

viii. Floor to ceiling heights: A clear floor to ceiling height of as close as possible to 2,7m throughout must be maintained in all general areas of building. Where a certain function inside a building necessitates a higher floor to ceiling height, the specific areas will be identified, and the height specified as part of the accommodation particulars. Conduits, water pipes, air ducts and other services must not be visible underneath the ceiling in offices and public areas.

1.4. Parking

Parking bays will be required for cidb’s official vehicles in a covered or shadecloth area as part of the premises or in the basement of a building. Additional open parking bays are required for visitors and staff overflow. In a multi-tenanted office complex, parking areas may need to be in adjacent buildings. A minimum number of parking bays required is included in the Schedule A

The following general categories of parking bays are required as per Schedule A:

i. Covered Parking Bays; ii. Open / Uncovered Parking Bays; iii. 2 Covered parking bays for persons with disabilities, close to office entrance /

complex entrance; iv. 2 Covered bays for motorcycles.

1.5. Interior finishes

The building should be able to meet the cidb Corporate Identity requirements and requirements for interior finishes.

1.5.1. Colour scheme

The cidb color scheme is as follows and has to be reflected in the interior finishes such as painted surfaces, built-in cabinets, counter tops, tiles and carpeting:


Page 7 of 15


The application of the color scheme will be agreed upon once the space planner and interior designer has completed their respective designs in relation to the Tenant Fit out.

1.6. Security

The building should be in a safe, secure and tranquil environment that does not present a high security risk to cidb staff members even if they work after hours.

The cidb will provide their own security solution. The Bidder is to provide building and/ or site security and :

i. Burglar proofing and safety gates which has to be in good working condition; ii. Burglar proofing and safety gates should be commercial type and not domestic

brands; iii. Adequate lighting in the parking area for officials working late, minimum 50 to 100

lux.

1.7. Water supply

i. The municipal water supply system must be connected.

ii. The reticulation system must be designed in such a way that water supply can be shut down individually for each functional area to allow for repairs, etc. to avoid that the entire water supply has to be shut down.

iii. Both hot and cold water must be supplied and the bidder has to ensure a consistent water supply is available, including a sufficient contingency plan in the event of water of disruptions.

iv. The municipal water supply to the cidb office accommodation may be metered

separately. The cidb would prefer a sub meter for the leased office and would prefer not to have a pro-rated billing method based on m2 leased, in respect of a multi-tenanted office complex, as a basis of calculating municipal costs.

1.8. Electrical installation

1.8.1. Municipal Power

i. The municipal power supply must be connected and proof provided that the account/s are not in arrears, since cidb will not be held accountable for any outstanding amounts;

ii. The municipal power supply to the cidb office accommodation may be metered separately.

Note: cidb will not contribute to any upgrading / provisioning of additional power supply to the building / site.

1.8.2. Electrical Compliance

An Electrical Certificate of Compliance (CoC) must be provided to cidb as proof that all electrical installations in the building are safe and comply with the rules and regulations


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set out in the SANS 10142-1. This should include a certified power surge protection unit, of which proof should be provided to cidb for insurance purposes.

1.8.3. Small Power

i. Power points to be provided as per cidb requirements with the following guidelines:

ii. The electrical supply to the office accommodation should cater for both normal and clean (dedicated) power. Provision should be made for two (2) normal, one (1) clean plug point for every 8 m² of useable office accommodation, an additional two (2) plug points per 150 m² of usable office accommodation to cater for fax, copiers etc. In addition, normal plugs to be provided in passages in order to accommodate cleaning machinery;

iii. Power skirtings should be at least 30cm from the floor to allow access to cleaning equipment.

1.8.4. Emergency power solution

i. The Bidder cidb should provide UPS and the building should have the facility to house the UPS and battery cabinets;

ii. The building should be fitted with a generator with sufficient capacity and fitted with diesel tanks with to run for 24 hours and compatible with the capacity of the UPS;

iii. The emergency power solution should have the capacity and be wired, to provide the necessary dedicated power to the server room, HVAC, all lighting, security system and desktops.

The generator specifications, service records, etc. should be made available to cidb.


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1.9. Waste Management

The type of waste management solution should be clearly specified e.g. on-site recycling of dry waste, rebates, wet waste method of disposal, etc.

1.10. Heat, Ventilation and Air-conditioning

1.10.1. Definitions

BB3.1 Definitions

i) Heating: The heating system provides heat to one room or to multiple rooms which form part of the Building.

ii) Ventilation: Ventilation is the movement of air from outside a building to the inside, either naturally or by mechanical means.

iii) Air-conditioning: Air conditioning refers to the cooling and dehumidification of indoor air for thermal comfort. An air conditioner (also referred to as AC or air-con) is an appliance, system, or mechanism designed to achieve this condition.

iv) Evaporative cooling: A mechanism whereby air is adiabatically cooled to lower the temperature of the occupied space but with a rise in the space humidity.

v) Natural ventilation: Ventilation by non-mechanical means. vi) Mechanical ventilation: Ventilation by mechanical means such as fans. vii) Special climate control: Some functional spaces require specific environmental

conditions. Special climate control refers to a need for climate control measures that are more specific than the general Heating and Air-Conditioning specification.

1.10.2. Functional Requirements

i. The building must be fitted with an HVAC system that will provide for a comfortable office environment and must allow for the temperature to be controlled per functional area and per office;

ii. The HVAC system must be a Freon gas system and not a chilled water system;

iii. HVAC system must be a gas-controlled system, and not a chiller- or evaporative HVAC system;

iv. The building must be adequately ventilated, and stale air must be released to the outside of the building, in compliance with SANS 10400 and all other related legislation.

BB3.2 Functional Requirement

The Bidder will provide a suitably safe heating, cooling and ventilation system which provides a comfortable environment throughout the building;

The system shall include the following, as well as any other requirements deemed necessary by the Bidder to provide a satisfactory installation:

(i) Air conditioning system(s) to provide comfort cooling to offices, boardrooms etc.


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(ii) Specialized air conditioning systems to provide close temperature and humidity-controlled conditions to specialized areas, e.g. computer server rooms. Equipment which is not specifically designed for the application will be rejected.

(iii) Mechanical ventilation systems for areas requiring air movement for the removal of odours and vapours where natural ventilation is in adequate.

(iv) Domestic hot water heating systems, which should incorporate solar heating systems where possible (Kitchens).

1.10.3. Design Conditions

BB3.3 Design Conditions

The design of the air-conditioning system shall be based on the following design conditions: Outside summer: 32˚C dry bulb, 20˚C wet bulb Outside winter: 2˚C dry bulb Maximum Air Temperature on Condensers: 40 ˚C

General offices: Inside summer: 22˚C ± 3˚C dry bulb, 60% RH max. Inside winter: 22˚C ± 3˚C dry bulb, no humidification Specialist Areas: Inside summer and winter: 22˚C ± 1˚C dry bulb, 55% ± 5%RH

1.11. Lighting

BB2 Artificial Lighting

BB2.1 Definitions

The lighting installation covers the following major areas:

• General Lighting - for all work units in the Building;

• Specialist Lighting - over and above any general lighting requirements;

• Security Lighting - lighting specifically for security purposes; and

• Emergency Lighting - a minimum of 10% of the lighting per floor (particularly areas where staff would not be able to work due to lack of natural lighting due to building design) and 100% of all staircases and emergency exits).


The function of the lighting is to ensure adequate light for staff to execute work and duties, create a safe work and residential environment and enhance the ambience of the building. The objective is to provide lighting schemes, which enhance the office environment, with the emphasis on natural lighting.


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i. All interior lighting shall be designed and installed to conform to SANS 10114-1:2005 approved standards. The lighting design shall take into consideration the type of work that will be performed which includes high security considerations, sorting, filing, data capturing and computer-based work areas. Particular attention shall be paid to the light layout in public areas and should take the public circulation spaces into account. Lighting conforming to the following standard should be provided:

a) Reception areas 100 lux

b) General offices 500 lux

c) Passages 500 lux

d) Auditoriums 100 lux

e) Conference rooms 100 lux

f) Storerooms 200 lux

g) Parking 50 lux

ii. Lighting control: Boardrooms should be fitted with an adjustable lighting control solution that is activated/ de-activated through motion control.

iii. All other lighting requirements should be controlled via a BMS that can be programmed to turn lights on / off during selected times and days.

iv. Lightning (surge) protection:

v. The building should have sufficient lighting/ surge protection, and a copy the most recent inspection report should be submitted as part of the bid documents (along with the electrical installation CoC).

1.12. Data and telephone cabling

The building must be fitted with network points for all workstations, specified as follows:

i. minimum CAT6 cables or latest available;

ii. Single network point per workstation;

iii. Additional network points to be provided in:

a. the server room;

b. reception area (reception and consulting rooms);

c. boardrooms.


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1.13. ICT requirements

1.13.1. Server room

A server room with the following minimum requirements must be available:

1.13.2. Location

i. The server room should be on the same floor in a multi-level building;

ii. The server room should be located in an area that is safe from flooding, fire and other hazards;

iii. The server room should be located in an area where the noise emitted, will not adversely affect the office environment;

iv. The building should be able to be connected to the surrounding fibre network and it should be confirmed in the bid submission that there is available fibre and connectivity in the area.

1.13.3. Space and Structural requirements

i. Brick and mortar walls (230mm thick);

ii. The walls should be floor to slab, i.e. extend beyond the raised floor and / or dropped ceiling;

iii. The server room should be a minimum as per the Schedule of Accommodation ;

iv. The minimum floor to ceiling height, including raised floor and dropped ceiling, should be no less than 3 m;

v. The server room should be able to bear the weight of all systems where applicable (minimum load bearing capacity of 350kg/m2);

vi. The door frame should be a minimum of 1,10 m wide and 2,70 m high to allow for easy movement of equipment;

vii. Ceiling should be fitted with sound absorbing (acoustic) material, one (1) hour fire rated;

viii. Anti-static, anti-dust flooring should be fitted in the server room;

ix. The room should be fitted with raised floors at a minimum height of 62 cm;

x. The room should be fitted with fire rated walls and door with a minimum fire rating of one (1) hour.


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1.13.4. Power

i. The server room should be fitted with two compartment (UPVC) power skirting and CAT6 data cabling in terms of the SITA minimum requirements for server rooms for Government / Parastatal institutions;

ii. The server room should be fitted with a separate distribution board;

iii. The building should be fitted with power skirtings and ICT (CAT6) cabling or latest available in accordance to the latest technical specifications (KRONE Standards) to all workstations, boardrooms and printing stations;

iv. The server room has to be connected to the emergency power (generator and UPS) plant to be supplied by the bidder.

1.13.5. Temperature and other environmental controls

i. The server room should be equipped with a minimum of 2 by 11 000 BTU or as per the appropriate calculation for the room offering independent air-conditioning units to cater for the computer equipment. The server room should be equipped with an earth bar (one unit to serve as a backup unit);

ii. The air-conditioning units should be connected to the emergency power supply;

iii. The server room temperature should be maintained between 2 to 3 degrees Celsius;

iv. The server room should be equipped with a monitoring system, as part of the BMS that includes 24-hour surveillance of conditions in the server room, with an early warning functionality and alerts sent to persons as identified by cidb. Conditions to be monitored are fire, water, temperature, humidity and power;

v. The server room should be fitted with a fire extinguisher (inside and outside) as well as an automated gas fire suppression system.

1.13.6. Access control

i. cidb should be able to add an access control system to the server room;

ii. A commercial type security gate should be fitted to the outside of the server room with at least a 5-lever lock.

1.13.7. General

The proposed office accommodation should be able to be connected to an existing fibre network;

i. The accommodation should have double tier cable trays in ceiling voids or make allowance for these;

ii. The building should allow for ICT and security installation. The accommodation should also make allowance for core drilling in respect of ICT and security infrastructure;


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iii. All fibre installation should be in appropriate trunking;

iv. The office location should be suitable for the possible erection of a radio mast and or aerial antennas for monitoring purposes taking into account the approval required in terms of environmental, municipal and civil aviation regulations.

1.13.8. Fire protection & risk management

i. The building must be fitted with a fire detection and prevention system. Fire control, safety and risk management must be in full compliance with the National Building Regulations, SANS 10400 as amended. It will be required that a complete ASIB (Automatic Sprinkler and Inspection Bureau) report be submitted, along with all other information regarding Fire Compliance.

ii. Fire protection equipment to be installed must comply with SANS 10400-T.

iii. The building must be fully compliant with the National Building Regulations and the OHS regulations.

1.14. Lifts, hoists & escalators

i. The National Building Regulations requires that if the building offered, consists of more than two storeys, it shall be provided with at least one (1) lift to be utilised as a passenger lift to transport at least eight (8) persons or goods with a minimum payload of 1 000 kg at a given time. The minimum clear entrance to the car shall be of such dimension that it will be accessible to a wheelchair. If the building has a basement, the lift shall also serve that area;

ii. All lift buttons to have a braille and lifts to have voice announcing movements;

1.15. Acoustic and noise

All background outside noises should be reduced to between 40 and 60 Decibels, that allows people to perform their functions;

i. The following reverberation times for internal spaces, confirmed by an on-site performance test, are required:

a. Boardrooms, cellular offices: ≤ 0.6 seconds;

b. Open plan offices: ≤ 0.5 seconds;

c. Chill areas, kitchen areas: ≤ 0.5 seconds;

d. Reception area; helpdesk, consulting rooms: ≤ 0.5 seconds.


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1.16. Gardens

Where stand-alone office accommodation is proposed with a garden area, such gardens should be in an acceptable condition and fitted with an automated sprinkler system.

1.17. Corporate identity/Signage

The accommodation should allow for the corporate identity/ logo of the cidb to be enhanced and clearly visible from the street front on signage on the building and if applicable on the external fencing. The offices will need an internal signage system to help guide staff and visitors, both on foot and in vehicle, around the office accommodation. This system will successfully assist with way finding to key shared functions. A system for internal signage is to provide to supplement the overall way finding and information guidance to the user upon entering the office building.

1.18. Signage for disabled persons

The signage system both internal and external must accommodate disabled users This includes but is not limited to signage for the visually impaired, disabled parking signs etc.

REQUEST FOR PROPOSAL FOR THE PURCHASE OF SUITABLE OFFICE ACCOMMODATION FOR THE CIDB PROVINCIAL OFFICE IN THE EASTERN CAPE

Page 1 of 34


RFB60078: REQUEST FOR PROPOSAL FOR THE LEASE

OF SUITABLE OFFICE ACCOMMODATION FOR THE CIDB



VOLUME 4 OF 4: SBD FORMS


Page 2 of 34


CONTENTS

No. Description Page No.

1.

SDB 1 - Tender notice and invitation to bid 04-06

2.

SBD2 – Tax Clearance Certificate 07

3.

Certificate of Authority for signatory / Delegation of authority 08-09

4.

SBD3.1 – Pricing data 10-11

5.

SBD4 – Declaration of interest 12-14

6.

SBD 6.1 – Preference Points Claim form 15-19

7.

SBD 8 – Past Supply Chain Practices 20-21

8.

SBD 9 – Certificate of Independent Bid Declaration 22-23

9.

Record of Addenda issued 24

10.

General conditions of contract 25-35


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SECTION 1

CHECKLIST OF RETURNABLE SCHEDULES AND DOCUMENTS

Please adhere to the following instructions

• Tick in the relevant block below, the documents and schedules that form part of your

response

• Ensure that the following documents are completed and signed where applicable

• Use the prescribed sequence in attaching the annexes that complete the Bid Document

• Should all of these documents not be included, the bidder may be disqualified on the basis of

non-compliance/ non-responsiveness

YES NO THE BID / REQUEST FOR QUOTATION RETURNABLE SCHEDULE OR DOCUMENT

(The following statutory documents should be completed and signed/ submitted) SBD1: Invitation to Bid SBD2: Tax Clearance Certificate Requirement

SBD3.1: Pricing Schedule – Firm Prices (Purchases) SBD4: Declaration of Interest form

SBD6.1: Preference Claim Forms in terms of Preferential Procurement Regulations AND accredited and Valid BEE certificates or Sworn Affidavit (For EMEs &QSEs). SBD6.1 must be completed when claiming for BEE points.

SBD8: Declaration of Bidder’s Past Supply Chain Practices SBD9: Certificate of Independent Bid Determination

Record of Addenda issued to bidders before the bid closing date (To be completed only if cidb issued addenda) Proof of registration with the National Treasury Central Supplier Database Certificate of Authority for signatory / Delegation of authority General conditions of contract

Please index as per the below table


Page 4 of 34


SBD 1

PART A INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD

BID NUMBER: RFB60078 CLOSING DATE: 20TH APRIL 2020 CLOSING TIME: 11:00

DESCRIPTION

REQUEST FOR PROPOSAL FOR THE LEASE OF SUITABLE OFFICE ACCOMMODATION FOR THE CIDB PROVINCIAL OFFICE IN THE EASTERN CAPE FOR A PERIOD OF 3 YEARS WITH AN OPTION TO RENEW

BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

cidb Head Office; SABS Campus Block N and R;

2 Dr Lategan Road; Groenkloof

VALIDITY PERIOD 120 DAYS

COMPULSORY BRIEFING SESSION DATE AND TIME

3 APRIL 2020 AT 11H00

VENUE Department of Public Works, Qhasana Building, Independence Avenue Bisho

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:

CONTACT PERSON Mr Sphiwe Mlangeni CONTACT PERSON Ms Elenore Downing

TELEPHONE NUMBER 012 482 7328 TELEPHONE NUMBER

FACSIMILE NUMBER 086 618 5572 FACSIMILE NUMBER

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

TOTAL BID PRICE R

SUPPLIER COMPLIANCE STATUS

TAX COMPLIANCE SYSTEM PIN:

OR

CENTRAL SUPPLIER DATABASE No:

B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE

TICK APPLICABLE BOX

Yes No

B-BBEE STATUS LEVEL SWORN AFFIDAVIT

TICK APPLICABLE BOX

Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]



Page 5 of 34


ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES ENCLOSE PROOF]

ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES, ANSWER THE QUESTIONNAIRE BELOW ]

QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO

DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.

PART B

TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:

1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION.

1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR IN THE MANNER PRESCRIBED IN THE BID DOCUMENT.

1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.

1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA.

2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.

2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.

2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.”

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


Page 6 of 34


NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY

RENDER THE BID INVALID. SIGNATURE OF BIDDER: …………………………………… CAPACITY UNDER WHICH THIS BID IS SIGNED: …………………………………………… (Proof of authority must be submitted e.g. company resolution) DATE:……………………………………………………………… NOTE Blacklisted companies appearing on the National Treasury database and prohibited from conducting business with public entities, shall not be considered. For verification, cidb reserves the right to conduct site visits and interview officials who’s CVs have been submitted as part of this bid. Late, Faxed or emailed bids or part thereof, shall not be considered.


Page 7 of 34


TAX CLEARANCE CERTIFICATE SBD2 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.

2 In order to meet this requirement bidders 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 bidders/individuals who wish to submit bids.

2 SARS shall the n furnish the bidder with a Tax Clearance Certificate that shall be valid for a period of one (1) 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 shall result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate shall not be acceptable. 4 In bids where Consortia / Joint Ventures / subcontractors 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 shall need to register with SARS as eFilers through the website www.sars.gov.za.




Page 8 of 34


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 Registration 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, ………………………………………………..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 authorized 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 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 members upon whom rests the direction of the affairs of the Close Corporation as a whole.


Page 9 of 34


(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 ADDRESS AUTHORISING SIGNATURE, NAME AND CAPACITY

Note: This certificate/Agreement is to be completed and signed by all 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: 1. ___________________________ 2. ___________________________


Page 10 of 34


SBD 3.1

1. Price proposals must be submitted in South African Rand including Value Added Tax (VAT);

2. The cidb reserves the right to negotiate price with the recommended bidder(s);

3. Useable space in excess of the requirement will not be paid for by the cidb;

4. The bidder shall provide the price proposal as follows:

Offices

(Usable area)

m²

(A)

Stores m²

(B)

Common

Areas

(C)

Total Gross

Lettabable

area

(A+B+C)

Parking Bays

Total Lettable area

Minimum Parking bays 27

Rental per month R R R R R

VAT per month R R R R R

Total per month R R R R R

Tariffs R /m² R /m² R /m² R /m² R / bay

VAT R /m² R /m² R /m² R /m² R / bay

Total (1) R /m² R /m² R /m² R /m² R / bay

Annual Escalation rate % % % % %

Operating Costs (Provide

details on what costs

entails)

R R R R

VAT R R R R R

Total (2) R

Annual Escalation rate % % % %

Total (1+2) R R / bays

5. Bidder’s price for parking should be based on the minimum parking bays number reflected in the

table above.

LEASE SUBTOTAL FOR ALL ABOVE GRAND TOTALS WITH ESCALATIONS

VAT 15% TOTAL VAT INCLUSIVE


R R R


R R R


R R R

TOTAL BID PRICE VAT INCL. R R R


Page 11 of 34


DECLARATION OF INTEREST SBD 4

1. Any legal person, including persons employed by the state¹, 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 favouritism, 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 where-

1.1 the bidder is employed by the state; and/or 1.2 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, trustee, shareholder²):

……………………………………. 2.4 Company Registration Number: …………………………………………………………………. 2.5 Tax Reference Number: ……………………………………………………………….…….…... 2.6 VAT Registration Number: ……………………………………………………………………….... 2.6.1 The names of all directors / trustees / shareholders / members, their individual identity

numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.

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 / trustee / shareholder/ member: ……....……………………………… Name of state institution at which you or the person connected to the bidder is employed: ………………………………………………………………………………………………………………….. Position occupied in the state institution: ………………………………………………………………… Any other particulars: ..……………………………………………………………………………………………..

2.7.2 If you are presently employed by the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector? YES / NO

2.7.2.1 If yes, did you attached proof of such authority to the bid document? YES / NO

(Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

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

2.8 Did you or your spouse, or any of the company’s directors /trustees /shareholders /members or their spouses conduct business with the state in the previous twelve months? YES/NO


Page 12 of 34


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

¹“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. ²”Shareholder” means a person who owns shares in the company and is actively involved in the

management of the enterprise or business and exercises control over the enterprise. 2.9 Do you, or any person connected with the bidder, have any relationship (family, friend, other) YES/NO with a person employed by the state and who may be involved with the evaluation and/ or adjudication of this bid? 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 any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid? YES/NO

2.10.1 If so, furnish particulars.

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

2.11 Do you or any of the directors / trustees / shareholders / members of the company have any interest in any other related companies whether or not they are bidding for this contract? YES/NO 2.11.1 If so, furnish particulars: ……………..…………………………………………………….……………………………………… ………………………..……………………………………… 3 Full details of directors / trustees / members / shareholders.

Full Name Identity Number

Personal Tax Reference Number

State Employee Number / Persal Number


Page 13 of 34


4 DECLARATION I, THE UNDERSIGNED (NAME)_______________________________________CERTIFY THAT

THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT.

I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF

PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION

PROVE TO BE FALSE.

____________________________ _________________________ Signature Date

____________________________ ________________________ Position Name of bidder


Page 14 of 34


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

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2 The value of this bid is estimated not to 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 80

B-BBEE STATUS LEVEL OF CONTRIBUTOR

20

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;


Page 15 of 34


(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);

(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 OR 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10

−−=

min

min180

P

PPtPs or

−−=

min

min190

P

PPtPs

Where

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

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 6 14


Page 16 of 34


B-BBEE Status Level of Contributor

Number of points

(90/10 system)

Number of points

(80/20 system)

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor 0 0

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 10 or 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

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted............…………….…………% ii) The name of the sub-contractor………………………………………………………….. iii) The B-BBEE status level of the sub-contractor......................................…………….. 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:

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


Page 17 of 34


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

√

QSE

√

Cooperative owned by black people

Black people who are military veterans

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


Page 18 of 34


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;

(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 favourable 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.

………………………………………. SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..

ADDRESS …………………………………..

…………………………………..

…………………………………..

WITNESSES 1. ……………………………………..

2. …………………………………….


Page 19 of 34


DECLARATION OF BIDDER’S PAST SCM PRACTICES SBD 8

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

4.1.1 If so, furnish particulars:

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/


Page 20 of 34


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

Js365bW


Page 21 of 34


SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid: RFB60078, 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 Bidding Company)

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 consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) bidding with the intention not to win the bid.

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

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

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

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

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

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


Page 22 of 34


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

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


Page 23 of 34


RECORD OF ADDENDA TO TENDER DOCUMENTS

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

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

SIGNATURE: ………………………………………………….. DATE: ………………….. (of person authorized to sign on behalf of the Tenderer)


Page 24 of 34


GOVERNMENT PROCUREMENT GENERAL CONDITIONS OF CONTRACT

Notes The purpose of this document is to: (i) Draw special attention to certain general conditions applicable to government bids, contracts and orders; and (ii) To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with government. In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in the feminine and neuter.

The General Conditions of Contract will form part of all bid documents and may not be amended. Special Conditions of Contract (SCC) relevant to a specific bid, should be compiled separately for

every bid (if applicable) and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.


Page 25 of 34


TABLE OF CLAUSES 1. Definitions 2. Application 3. General 4. Standards 5. Use of contract documents and information inspection 6. Patent Rights 7. Performance security 8. Inspections, tests and analyses 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental Services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Variation orders 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Anti-dumping and countervailing duties and rights 25. Force Majeure 26. Termination for insolvency 27. Settlement of Disputes 28. Limitation of Liability 29. Governing language 30. Applicable law 31. Notices 32. Taxes and duties 33. Transfer of contracts 34. Amendments of contracts 35. Prohibition of restricted practices


Page 26 of 34


General Conditions of Contract 1. Definitions The following terms shall be interpreted as indicated: 1.1 “Closing time” means the date and hour specified in the tender documents for the receipt of Tenders. 1.2 “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. 1.3 “Contract price” means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations. 1.4 “Corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution. 1.5 "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its government and encouraged to market its products internationally. 1.6 “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components. 1.7 “Day” means calendar day. 1.8 “Delivery” means delivery in compliance of the conditions of the contract or order. 1.9 “Delivery ex stock” means immediate delivery directly from stock actually on hand. 1.10 “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the goods are so delivered and a valid receipt is obtained. 1.11 "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower prices than that of the country of origin and which have the potential to harm the local industries in the RSA. 1.12 ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. 1.13 “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of any bidder, and includes collusive practice among Bidders (prior to or after Tender submission) designed to establish Tender prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition. 1.14 “GCC” means the General Conditions of Contract. 1.15 “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract. 1.16 “Imported content” means that portion of the tender price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct


Page 27 of 34


importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the goods covered by the Tender will be manufactured. 1.17 “Local content” means that portion of the tender price, which is not included in the imported content provided that local manufacture does take place. 1.18 “Manufacture” means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities. 1.19 “Order” means an official written order issued for the supply of goods or works or the rendering of a service. 1.20 “Project site,” where applicable, means the place indicated in tender documents. 1.21 “Purchaser” means the organization purchasing the goods. 1.22 “Republic” means the Republic of South Africa. 1.23 “SCC” means the Special Conditions of Contract. 1.24 “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract. 1.25 “Supplier” means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State. 1.26 “Tort” means in breach of contract. 1.27 “Turnkey” means a procurement process where one service provider assumes total responsibility for all aspects of the project and delivers the full end product / service required by the contract. 1.28 “Written” or “in writing” means hand-written in ink or any form of electronic or mechanical writing. 2. Application 2.1 These general conditions are applicable to all Tenders, contracts and orders including Tenders for functional and professional services (excluding professional services related to the building and construction industry), sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the tender documents. 2.2 Where applicable, special conditions of contract are also laid down to cover specific goods, services or works. 2.3 Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply. 3. General 3.1 Unless otherwise indicated in the tender documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a Tender. Where applicable a non-refundable fee for documents may be charged. 3.2 Invitations to Tender are usually published in locally distributed news media and on the municipality/municipal entity website.


Page 28 of 34


4. Standards 4.1 The goods supplied shall conform to the standards mentioned in the tender documents and specifications. 5. Use of contract documents and information inspection 5.1 The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance. 5.2 The supplier shall not, without the purchaser’s prior written consent, make use of any document or information mentioned in GCC clause 5.1 except for purposes of performing the contract. 5.3 Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser. 5.4 The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser. 6. Patent Rights 6.1 The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser. 6.2 When a supplier developed documentation / projects for the municipality / municipal entity, the intellectual, copy and patent rights or ownership of such documents or projects will vest in the municipality / municipal entity. 7. Performance security 7.1 Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC. 7.2 The proceeds of the performance security shall be payable to the purchaser as compensation for any loss resulting from the supplier’s failure to complete his obligations under the contract. 7.3 The performance security shall be denominated in the currency of the contract or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s country or abroad, acceptable to the purchaser, in the form provided in the tender documents or another form acceptable to the purchaser; or (b) a cashier’s or certified cheque

7.4 The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified. 8. Inspections, tests and analyses 8.1 All pre-tender testing will be for the account of the bidder.


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8.2 If it is a Tender condition that goods to be produced or services to be rendered should at any stage be subject to inspections, tests and analyses, the bidder or contractor’s premises shall be open, at all reasonable hours, for inspection by a representative of the purchaser or organization acting on behalf of the purchaser. 8.3 If there are no inspection requirements indicated in the tender documents and no mention is made in the contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing authority concerned. 8.4 If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the goods to be in accordance with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser. 8.5 Where the goods or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements, irrespective of whether such goods or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier. 8.6 Goods and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract requirements may be rejected. 8.7 Any contract goods may on or after delivery be inspected, tested or analysed and may be rejected if found not to comply with the requirements of the contract. Such rejected goods shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with goods, which do comply with the requirements of the contract. Failing such removal, the rejected goods shall be returned at the supplier’s cost and risk. Should the supplier fail to provide the substitute goods forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected goods, purchase such goods as may be necessary at the expense of the supplier. 8.8 The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on account of a breach of the conditions thereof, or to act in terms of Clause 22 of GCC. 9. Packing 9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit. 9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the contract, including additional requirements, if any, and in any subsequent instructions ordered by the purchaser. 10. Delivery and documents 10.1 Delivery of the goods and arrangements for shipping and clearance obligations shall be made by the supplier in accordance with the terms specified in the contract. 11. Insurance 11.1 The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified. 12. Transportation


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12.1 Should a price other than an all-inclusive delivered price be required, this shall be specified. 13. Incidental Services 13.1 The supplier may be required to provide any or all of the following services, including additional services, if any:

(a) Performance or supervision of on-site assembly and/or commissioning of the supplied goods; (b) Furnishing of tools required for assembly and/or maintenance of the supplied goods; (c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; (d) Performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and (e) Training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

13.2 Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services. 14. Spare parts 14.1 As specified, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

(a) Such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and (b) In the event of termination of production of the spare parts:

(i) Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser to procure needed requirements; and (ii) Following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and specifications of the spare parts, if requested. 15. Warranty 15.1 The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination. 15.2 This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise. 15.3 The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty. 15.4 Upon receipt of such notice, the supplier shall, within the period specified and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser. 15.5 If the supplier, having been notified, fails to remedy the defect(s) within the period specified, the purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and


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expense and without prejudice to any other rights which the purchaser may have against the supplier under the contract. 16. Payment 16.1 The method and conditions of payment to be made to the supplier under this contract shall be specified. 16.2 The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other obligations stipulated in the contract. 16.3 Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission of an invoice or claim by the supplier. 16.4 Payment will be made in Rand unless otherwise stipulated. 17. Prices 17.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the supplier in his Tender, with the exception of any price adjustments authorized or in the purchaser’s request for Tender validity extension, as the case may be. 18. Variation orders 18.1 In cases where the estimated value of the envisaged changes in purchase does not vary more than 15% of the total value of the original contract, the contractor may be instructed to deliver the goods or render the services as such. In cases of measurable quantities, the contractor may be approached to reduce the unit price, and such offers may be accepted provided that there is no escalation in price. 19. Assignment 19.1 The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior written consent. 20. Subcontracts 20.1 The supplier shall notify the purchaser in writing of all subcontracts awarded under these contracts if not already specified in the Tender. Such notification, in the original Tender or later, shall not relieve the supplier from any liability or obligation under the contract. 21. Delays in the supplier’s performance 21.1 Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the purchaser in the contract. 21.2 If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, it’s likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract. 21.3 The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the goods are required, or the supplier’s services are not readily available.


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21.4 Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 22.2 without the application of penalties. 21.5 Upon any delay beyond the delivery period in the case of a goods contract, the purchaser shall, without cancelling the contract, be entitled to purchase goods of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier. 22. Penalties 22.1 Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23. 23. Termination for default 23.1 The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may terminate this contract in whole or in part:

(a) If the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2; (b) If the supplier fails to perform any other obligation(s) under the contract; or (c) If the supplier, in the judgement of the purchaser, has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

23.2 In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner, as it deems appropriate, goods, works or services similar to those undelivered, and the supplier shall be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated. 24. Antidumping and countervailing duties and rights 24.1 When, after the date of Tender, provisional payments are required, or anti-dumping or countervailing duties are imposed, or the amount of a provisional payment or antidumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the supplier to the purchaser or the purchaser may deduct such amounts from moneys (if any) which may otherwise be due to the supplier in regard to goods or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him. 25. Force Majeure 25.1 Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.


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25.2 If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the force majeure event. 26. Termination for insolvency 26.1 The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the purchaser. 27. Settlement of Disputes 27.1 If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation. 27.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party. 28. Limitation of Liability 28.1 Should it not be possible to settle a dispute by means of mediation; it may be settled in a South African court of law. 28.2 Notwithstanding any reference to mediation and/or court proceedings herein,

(a) The parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and (b) The purchaser shall pay the supplier any monies due the supplier for goods delivered and / or services rendered according to the prescripts of the contract.

28.3 Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6;

(a) The supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser; and

(b) The aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

29. Governing language 29.1 The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties shall also be written in English. 30. Applicable law 30.1 The contract shall be interpreted in accordance with South African laws, unless otherwise specified. 31. Notices


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31.1 Every written acceptance of a Tender shall be posted to the supplier concerned by registered or certified mail and any other notice to him shall be posted by ordinary mail to the address furnished in his Tender or to the address notified later by him in writing and such posting shall be deemed to be proper service of such notice 31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been given, shall be reckoned from the date of posting of such notice. 32. Taxes and duties 32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the purchaser’s country. 32.2 A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted goods to the purchaser. 32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a Tender SARS must have certified that the tax matters of the preferred bidder are in order. 32.4 No contract shall be concluded with any bidder whose municipal rates and taxes and municipal services charges are in arrears. 33. Transfer of contracts 33.1 The contractor shall not abandon, transfer, cede assign or sublet a contract or part thereof without the written permission of the purchaser 34. Amendment of contracts 34.1 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall be valid and of any force unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall also be in writing. 35. Prohibition of restricted practices 35.1 In terms of section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, an agreement between, or concerted practice by, firms, or a decision by an association of firms, is prohibited if it is between parties in a horizontal relationship and if a bidder (s) is / are or a contractor(s) was / were involved in collusive bidding. 35.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser, has / have engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition Commission for investigation and possible imposition of administrative penalties as contemplated in section 59 of the Competition Act No. 89 of 1998. 35.3 If a bidder(s) or contractor(s) has / have been found guilty by the Competition Commission of the restrictive practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided for, invalidate the bid(s) for such item(s) offered, and / or terminate the contract in whole or part, and / or restrict the bidder(s) or contractor(s) from conducting business with the public sector for a period not exceeding ten (10) years and / or claim damages from the bidder(s) or contractor(s) concerned.